Civil Enforcement

The RCRA national program priorities are selected through a review of significant environmental risks or noncompliance patterns associated with industrial sectors, specific regulatory requirements or geographic areas. The priorities are a set of key problems which have several common characteristics, including national in scope, appropriate for federal attention and response, tailored strategies which include a variety of tools and approaches and a commitment of resources. The Regions are expected to support national priorities; however, Headquarters also recognizes the need for and the importance of the establishment of regional and state priorities.

Enforcement and Compliance Assurance Priority:
Resource Conservation and Recovery Act: Mineral Processing

The mineral processing and mining sectors generate more wastes that are corrosive or contain toxic metals than any other industrial sector. Over the past decade, EPA has found that many of the facilities that manage these wastes have contaminated groundwater, surface water and soil either through failure to comply with state or federal environmental requirements or legally permissible waste management practices. Large-scale mineral processing and mining operations often severely affect water supplies and wildlife and create environmental damage. Many facilities are located in populated areas, making health risks a significant concern for EPA.

The Mineral Processing and Mining national priority strategy aims to achieve maximum compliance with environmental regulations in order to protect human health and the environment. The strategy has a special emphasis on mineral processing facilities that produce phosphoric acid and phosphate compounds because a growing body of evidence shows they cause widespread environmental damage. EPA studies indicate that there is a moderate to high potential for groundwater contamination across the phosphoric acid industry. The object of the strategy is to reduce risk to human health and the environment by achieving increased compliance rates throughout the mineral processing and mining sectors and by ensuring that existing and potential harm are being appropriately addressed through enforcement and compliance assistance.

Strategy Summary

For each of the national priority areas, EPA has developed a strategy designed to achieve specific outcomes. The RCRA Mineral Processing Strategy Summary (PDF), (3 pp, 31K, About PDF) includes a description of the environmental problem to be addressed, goals to be met, strategies for reaching these goals, and measures to track progress toward the goals.

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Enforcement and Compliance Assurance Priority:
Financial Responsibility

Financial responsibility requirements in federal law ensure an operator has adequate funds to address the closure of facilities that handle hazardous wastes, hazardous substances, toxic materials, or other pollutants. The funds provide for the ability to clean up those materials so they do not contaminate soils, groundwater, surface waters or the air. Having the financial resources to perform closure and cleanup are an important part of protecting human health and the environment from solvents, dioxins, oils, heavy metals, polychlorinated biphenyls (PCBs), and other dangerous pollutants that contaminate soils, groundwater, surface waters, and sediments.

The enforcement strategy for ensuring full compliance with the financial responsibility requirements seeks to prevent improper handling and release of hazardous materials and wastes and defaults that would shift the costs from the responsible parties to others, including state and federal taxpayers.

EPA plans a gradual examination of compliance and enforcement issues under the federal environmental laws that require financial responsibility. This phased approach allows EPA to better identify and address non-compliance and resource issues, as well to develop a strategy with measurable goals and outputs for all environmental laws requiring financial responsibility.

Initial review has begun on these statutes:

• Resource Conservation and Recovery Act (RCRA) Subtitle C closure/post-closure and corrective action
• Comprehensive Environmental Response, Compensation and Liability Act (CERCLA)
• Toxics Substances Control Act (TSCA) Section 6(e)

EPA will review:

• Safe Drinking Water Act (SDWA)
• RCRA Subtitle I

Strategy Summary

For each of the national priority areas, EPA has developed a strategy designed to achieve specific outcomes. The following Strategy Summary for Financial Responsibility Under Federal Laws (PDF), (3 pp, 31K, About PDF) gives a brief description of the environmental problem to be addressed, goals to be met, approaches for reaching these goals, and measures to track progress toward the goals. As the Financial Responsibility National Priority evolves, EPA will provide additional information for each financial responsibility program.

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"Enforcement Alert" Newsletters that relate to enforcement of the RCRA priorities and to RCRA enforcement, in general, include the following:

"Hazardous Waste Management Practices at Mineral Processing Facilities Under Scrutiny by U.S. EPA; EPA Clarifies 'Bevill Exclusion' Wastes and Establishes Disposal Standards" (PDF) (4 pp, 48K, About PDF) Volume 3, Number 10 (November 2000)

"Facilities Urged to Review Systems for Risk of Check or Butterfly Valves Safety Hazards" (PDF) (4 pp, 39K, About PDF)
Volume 2, Number 6 (August 1999)

"Y2K: Is Your Facility Ready? Regulated Entities Have an Obligation to Prevent Hazardous Releases" (PDF) (4 pp, 51K, About PDF) Volume 2, Number 5 (August 1999)

"Petroleum Refineries: Compliance with RCRA Requirements Critical to Protecting Public Health, Environment" (PDF) (4 pp, 35K, About PDF) Volume 2, Number 2 (April 1999)

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