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Federal Data Annual Results - 2007
Tennessee
EPA works in partnership with states in targeting federal enforcement where it produces the most environmental benefit.
| Results Obtained from EPA Civil Enforcement Actions: | ||
|---|---|---|
| Direct Enforcement Benefits - including benefits from Supplemental Environmental Projects (SEPs) | ||
| Pollutants Reduced (Pounds) | 5,719,614 |
Investments in Pollution Control and Clean-up (Injunctive Relief) | $1,888,467 |
| Investments in Supplemental Environmental Projects (SEPs) | $63,665 |
|
| Civil Penalties | $2,613,162 |
|
| Counts of EPA Civil Enforcement Actions: | |
|---|---|
| Civil Judicial Conclusions | 1 |
| Final Administrative Penalty Orders | 45 |
| Administrative Compliance Orders | 13 |
Sources for Data displayed in this document: Integrated Compliance Information System (ICIS), Criminal Case Reporting System, Comprehensive Environmental Response, Compensation & Liability Information System (CERCLIS), Resource Conservation and Recovery Act Information (RCRAInfo), Air Facility System (AFS), and Permit Compliance System (PCS) October 13, 2007.
Selected Highlights
Stormwater cases result in over 31 million pounds of pollution reduced. In support of EPA’s National Enforcement Priority for Wet Weather/Storm Water, Region 4 issued 27 administrative actions requiring injunctive relief for Clean Water Act and storm water violations at construction sites. These actions were brought against developers and homebuilders in AL, GA, KY, NC and TN. The total average annual amount of pollutants reduced for the actions was 31.9 million pounds/year. The violations ranged from failure to obtain a National Pollutant Discharge Elimination System (NPDES) permit to failure to follow the NPDES permit conditions. The NPDES permit conditions that were violated included: failure to properly design, implement or maintain best management practices; failure to maintain records; failure to inspect; and failure to take all reasonable steps to prevent or minimize discharges that may cause harm to the environment. Each of the administrative orders required that the violations be corrected within a specified period of time and that documentation be provided to the government to demonstrate that the violations were corrected.
EPA Region 4 Enters RCRA 3008(a) Consent Agreement and Final Order with Intertrade Holdings, Incorporated, in Copperhill, Tennessee: On September 18, 2007, Region 4 entered a RCRA 3008(a) Consent Agreement and Final Order (CAFO) with Intertrade Holdings, Incorporated (Intertrade), located in Copperhill, Tennessee. This matter was settled in accordance with the provisions of 40 Code of Federal Regulations Section 22.13(b) which allows for a matter to be simultaneously commenced and concluded by the issuance of a consent agreement and final order. The CAFO alleges that Intertrade: (1) failed to make hazardous waste determinations; (2) stored hazardous waste without a permit or interim status; (3) failed to meet satellite accumulation requirements; (4) failed to date, label and properly store universal waste (5) failed to label and properly stored used oil; (6) failed to respond to used oil releases (7) failed to properly maintain its facility; (8) failed to have a contingency plan and to make arrangements with local authorities; (9) failed to meet manifests requirements; and, (10) failed to provide personnel training to its employees. The CAFO requires the payment of a $144,500 penalty over a 3-year schedule. The CAFO also requires that the company ship any hazardous waste that it may have stored for over 90 days to a permitted treatment, storage facility. All of the other RCRA violations have been corrected.
EPA settles violations at Williams Refining and Marketing in Memphis, Tennessee. On May 21, 2007 a Consent Decree was entered by the Department of Justice in the Western District Court in Tennessee resolving the liabilities of Williams Refining and Marketing, LLC for past violations of the Clean Water Act, the Clean Air Act and the Resource Recovery and Conservation Act at the Memphis, Tennessee refinery. Pursuant to the Consent Decree, Williams paid a total of $2.2 million, of which $25,000 was allocated for the Clean Water Act claim. The alleged violations occurred at a refinery formerly owned and operated by Williams Refining and Marketing, LLC, a subsidiary of Williams Companies, Incorporated. The refinery is one of the largest petroleum refineries in the Southeastern Region of the U.S, and currently has processing capacity of 190,000 barrels per day. The settlement resolves Clean Air Act violations that include the failure to comply with standards set forth in the regulations implemented for the benzene and Leak Detection and Repair. The agreement also resolves violations involving the failure to properly store hazardous waste and one violation for an oil spill incident.
Valero Energy Agrees to $232 Million in Clean Air Act Pollution Controls: The Department of Justice and the U.S. Environmental Protection Agency reached an agreement on August 16, 2007 with Valero Energy Corporation that provides for a $4.25 million penalty and $232 million in new and upgraded pollution controls at refineries in Tennessee, Ohio and Texas that were formerly owned by Premcor, Incorporated. The state of Ohio and Memphis-Shelby County, Tennessee, also joined in the consent decree and will receive a portion of the civil penalty. The agreement requires new pollution controls to be installed at refineries in Port Arthur, Texas; Memphis, Tennessee; and Lima, Ohio, that, when fully implemented, will reduce annual emissions of nitrogen oxide by more than 1,870 tons per year and sulfur dioxide by more than 1,810 tons per year. The new controls will also result in additional reductions of carbon monoxide, volatile organic compounds and particulate matter from each of the refineries. These pollutants can cause serious respiratory problems and exacerbate cases of childhood asthma. The settlement requires additional money to be spent on supplemental environmental projects in Port Arthur, Texas, and communities near the Memphis, Tennessee, and Lima, Ohio refineries, such as the installation of equipment on municipal diesel trucks and buses to reduce particulate and ozone-forming emissions, and the installation of new equipment to control wastewater treatment plant odors.