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Compliance and Enforcement Quick Finder


2007 Region 6 Compliance and Enforcement Annual Results

FY 2007 Annual Results

By using a full range of compliance and enforcement strategies and tools, including enforcement, compliance assistance, as well as addressing citizen tips and complaints, Region 6 continues to bring facilities into compliance with environmental laws. As a result of Federal enforcement actions taken in Fiscal Year (FY) 2007 (October 1, 2006 - September 30, 2007), we project that more than 92 million pounds of pollutants will be reduced in Region 6's five states (Arkansas, Louisiana, New Mexico, Oklahoma and Texas) and the Gulf of Mexico.

"EPA is committed to safeguarding our nation's environmental health through effective compliance assistance and a strong enforcement program," said EPA Regional Administrator Richard E. Greene. "Today's report shows that we continue to make significant progress in protecting people and the environment."

Injunctive Relief (work required to bring facilities into compliance) - The estimated dollar value of cleanup or corrective action required by EPA Region 6 federal actions in 2007, will total nearly $237 million.

Supplemental Environmental Projects - As part of a settlement, a violator may voluntarily agree to undertake an environmentally beneficial project, also known as a supplemental environmental project, related to the violation in exchange for mitigation of the penalty to be paid. In 2007, supplemental environmental projects were included in 22 of the federal enforcement cases we settled, for a total value of more than $1.5 million.

Inspections - Compliance monitoring is one of the key components the Agency uses to protect human health and the environment by ensuring that the regulated community obeys environmental laws/regulations through on-site visits by qualified inspectors. The Region completed 1,800 on-site inspections and investigations.

Compliance Assistance Activities - Compliance assistance is a tool EPA uses to improve a regulated community's compliance with environmental regulations. Over the past year, the Region held 256 workshops and/or training sessions, and reached 11,839 individuals within the regulated community.

Enforcement Conclusions - EPA's civil enforcement program protects human health and the environment by taking legal action to bring polluters into compliance with the federal environmental laws. Every year, we stop the release of illegal pollution into the air, water, and onto the ground; we ensure the clean up of contamination problems; and we prevent the causes of the pollution from reoccurring. In 2007, EPA Region 6 concluded 674 federal actions.

Cease and Desist Orders - The Region has stepped up the use of this important enforcement tool. The goal is to immediately stop the release of significant quantities of pollutants into the environment and to direct facilities to take quick actions to remediate the environmental damages. This allows EPA to address critical environmental problems on a real time basis. The Region issued 65 cease and desist orders in 2007, nearly a ten-fold increase over 2006.

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Compliance and Enforcement Annual Results
Numbers at a Glance
Region 6

Results Obtained from EPA Civil Enforcement Actions
Direct Estimated Environmental Benefits
  Pollutants Reduced (Pounds)
92,027,326
Contaminated Soil to be Cleaned Up (Cubic Yards)
52,874
Contaminated Water to be Cleaned Up (Cubic Yards)
476,954
Stream Miles (Linear Feet)
10,050
Wetlands Protected (Acres)
314
People Protected by Safe Drinking Water Act Enforcement
12,976
Investments in Pollution Control and Clean-up (Injunctive Relief)
$237,032,742
Investments in Supplemental Environmental Projects (SEPs)
$1,547,771
Civil Penalties
  Administrative Penalties
$2,028,222
  Judicial Penalties
$4,477,942
  Stipulated Penalties
$3,618,689
 
EPA Civil Enforcement and Compliance Activities
  Referrals of Civil Judicial Enforcement Cases to Department of Justice (DOJ)
33
  Supplemental Referrals of Civil Judicial Enforcement Cases to DOJ
1
  Civil Judicial Complaints Filed with Court
12
  Civil Judicial Enforcement Case Conclusions
12
  Administrative Penalty Order Complaints
408
  Final Administrative Penalty Order Settlements
407
  Administrative Compliance Orders
255
  Cases with SEPs
22
 
EPA Compliance Monitoring Activities
Inspections/Evaluations
1787
Civil Investigations
13
Number of Regulated Entities Taking Complying Actions during EPA Inspections/Evaluations
73
Number of Regulated Entities Receiving Assistance during EPA Inspections/Evaluations
807
 
EPA Superfund Cleanup Enforcement
Remedial Action (RA) Starts where Settlement Reached or Enforcement Action Taken by the time of the RA Start (during the FY) at Non-Federal Superfund Sites that have Known Viable, Liable Parties (%)
100%
Private Party Commitments for Cost Recovery
$58,338,401
Private Party Commitments for Future Response Work (including cashouts) ($ millions)
$41,480,180
Cost Recovery Statute of Limitation Cases Addressed with Total Past Costs Greater than or Equal to $200,000 (%)
100%
 
EPA Voluntary Disclosure Program
Facilities Initiated
50
Companies Initiated
46
Notices of Determination (NODs)
53
Facilities Resolved
58
Companies Resolved
56
 
EPA Compliance Assistance
Total Entities Reached
11,839
 

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.

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Federal Data Presented State-by-State

EPA works in partnership with states in targeting federal enforcement where it produces the most environmental benefit.

The following is a State by State summary of federal activities in each of the Region 6 states.  Some EPA enforcement cases addressed violations at multiple facilities.  In some instances, the facilities addressed were not all located in the same state.  Where this is the case, the action and its results, have been counted in each state where a facility is located, which may lead to aggregate state counts and results that are higher than the total activity and results counts for the region. picture of the five Region 6 states with links to the portoin of the web page that charts there FY 07 numbers - click on each State to jump to that States numbers

Region 6, Arkansas

Results Obtained from EPA Civil Enforcement Actions
Direct Environmental Benefits
  • Pollutants Reduced (Pounds)
2,105,262
Investments in Pollution Control and Clean-up (Injunctive Relief)
$125,216
Investments in Supplemental Environmental Projects (SEPs)
$8,000
Civil Penalties
$120,504
Counts of EPA Civil Enforcement Actions
Civil Judicial Conclusions
1
Final Administrative Penalty Orders
34
Administrative Compliance Orders
23

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Region 6, Louisiana

Results Obtained from EPA Civil Enforcement Actions
Direct Environmental Benefits
  • Pollutants Reduced (Pounds)
84,181,846
Investments in Pollution Control and Clean-up (Injunctive Relief)
$42,281,438
Investments in Supplemental Environmental Projects (SEPs)
$38,462
Civil Penalties
$1,466,151
Counts of EPA Civil Enforcement Actions
Civil Judicial Conclusions
5
Final Administrative Penalty Orders
27
Administrative Compliance Orders
30

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Region 6, New Mexico

Results Obtained from EPA Civil Enforcement Actions
Direct Environmental Benefits
  • Pollutants Reduced (Pounds)
15,645,297
Investments in Pollution Control and Clean-up (Injunctive Relief)
$4,287,574
Civil Penalties
$61,941
Counts of EPA Civil Enforcement Actions
Civil Judicial Conclusions
1
Final Administrative Penalty Orders
36
Administrative Compliance Orders
48

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Region 6, Oklahoma

Results Obtained from EPA Civil Enforcement Actions
Direct Environmental Benefits
  • Pollutants Reduced (Pounds)
22,129,115
  • Contaminated Soil Cleaned (Cubic Yards)
48,130
  • Contaminated Water Cleaned (Cubic Yards)
476,954
Investments in Pollution Control and Clean-up (Injunctive Relief)
$7,018,,232
Investments in Supplemental Environmental Projects (SEPs)
$49,261
Civil Penalties
$595,217
Counts of EPA Civil Enforcement Actions
Civil Judicial Conclusions
3
Final Administrative Penalty Orders
75
Administrative Compliance Orders
113

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Region 6, Texas

Results Obtained from EPA Civil Enforcement Actions
Direct Environmental Benefits
  • Pollutants Reduced (Pounds)
50,368,385
  • Contaminated Soil Cleaned (Cubic Yards)
4,744
Investments in Pollution Control and Clean-up (Injunctive Relief)
$223,456,054
Investments in Supplemental Environmental Projects (SEPs)
$1,428,423
Civil Penalties
$4,363,070
Counts of EPA Civil Enforcement Actions
Civil Judicial Conclusions
5
Final Administrative Penalty Orders
217
Administrative Compliance Orders
30

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Region 6, Gulf of Mexico

Results Obtained from EPA Civil Enforcement Actions
Direct Environmental Benefit
  • Pollutants Reduced (Pounds)
248,400
Investments in Pollution Control and Clean-up (Injunctive Relief)
$59,600
Investments in Supplemental Environmental Projects (SEPs)
$23,625
Civil Penalties
$186,600
Counts of EPA Civil Enforcement Actions
Final Administrative Penalty Orders
16
Administrative Compliance Orders
7

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Federal Case Highlights Presented State-by-State

Arkansas:  Cease and Desist Order for D and D Properties.  A Cease and Desist Order was issued for D and D Properties, El Dorado, AR, for violations under the Clean Air Act (CAA) and the Resource Conservation and Recovery Act (RCRA).  Violations included storing hazardous waste at the facility without being registered as a RCRA transfer station or a treatment, storage, and disposal facility; emission of volatile organic compounds from uncontrolled storage tanks; and failure to have the proper permits.  It was discovered that D and D was storing very high vapor pressure material in totally uncontrolled storage tanks.  As a result of the Cease and Desist Order, nearly 380,000 pounds of volatile organic compounds are estimated to be reduced from the environment.

Arkansas:  Storm Water Initiative.  In coordination with the Arkansas Department of Environmental Quality, EPA conducted numerous storm water inspections.  Locations included Little Rock, Rogers, Bentonville, Springdale, Hensley, Jonesboro, and Mabelvale.  From these inspections, the Region issued 25 enforcement actions.  Administrative Orders were issued for failure to develop and implement a Storm Water Pollution Prevention Plan (SWPPP); failure to update and inadequate SWPPPs; sediment leaving the site because structural controls were not installed; not properly maintaining structural controls that were installed; minimal structural controls and stabilization; and for not conducting required inspections.  The Orders require the facilities to come into compliance by preparing a SWPPP for the construction sites that contain good engineering practices which identify potential sources of pollution that may reasonably be expected to affect the quality of storm water discharges, by keeping the SWPPPs updated, and by adding the required components to the SWPPPs.  Also, the Orders require the facilities to install proper structural controls; to maintain these structural controls; and to conduct the required inspections of disturbed areas at the construction site at least once every 14 calendar days and within 24 hours of the end of a storm event that is 0.5 inches or greater.

Louisiana:  Rhodia Inc. Settlement.  In partnership with the Louisiana Department of Environmental Quality (LDEQ), EPA entered into a joint national settlement with Rhodia Inc., an acid manufacturer, covering eight production facilities in four states; two of which are located in Baton Rouge, Louisiana.  Six other facilities are located in Texas, California, and Indiana.  For the Region 6 facilities, Rhodia will pay $667K in Federal and State penalties and spend over $40 million on air pollution controls.  These controls are expected to reduce harmful emissions of sulfur dioxide from its production plants in Texas and Louisiana by an estimated 18,000 tons.  The company will meet new, lower emission limits for sulfur dioxide at eight sulfuric acid production units, including two in Baton Rouge, Louisiana; two in Houston, Texas; and one in Baytown, Texas.  To meet these limits, the company will install state-of-the-art pollution control equipment at several plants and change operating procedures at several others.  Rhodia is the first sulfuric acid manufacturer in the nation to agree to a company-wide "global" compliance agreement.  Actual emissions at some of the Rhodia plants will decrease by more than 90 percent.  (R6 Press Release)

Louisiana:  Public Water Supply Systems in Northeast Louisiana.  In coordination with the Louisiana Department of Health and Hospitals (LDHH), EPA ordered public water supply systems in northeast Louisiana into compliance.  Based on numerous citizen complaints about the quality and safety of drinking water provided by public water supply systems in northeast Louisiana, LDHH and EPA inspected the facilities and found numerous operations and maintenance violations requiring immediate compliance action.  EPA issued 17 administrative orders to owner/operator Jeffrey Pruett of West Monroe, Louisiana, for violations of the federal Safe Drinking Water Act.  These violations included improper storage of chlorine gas; insufficient chlorine residuals; unplugged abandoned wells; lack of a source of emergency electrical power; and no site security, among others.  Based on these findings, the owners and operators of these public water supply systems were ordered to immediately take action to bring the systems into compliance with the Safe Drinking Water Act.  (R6 Press Releases - 8/10/07, 8/28/07, 9/11/07)

Louisiana:  Shintech Settlement.  Shintech Louisiana LLC agreed to a $426,530 penalty to resolve environmental violations at two of its plants in Addis, Louisiana.  In violation of the Resource Conservation and Recovery Act, Shintech failed to identify hazardous waste; keep records of its hazardous waste; and obtain the required approval to manage and store hazardous waste.  Clean Air Act violations included failures in reporting; record keeping; inspecting; and conducting audits and/or submitting certifications.  Finally, under the Emergency Planning and Community Right-to-Know Act from 2000 to 2002, Shintech failed to submit required toxic chemical release reporting forms.   In addition to the penalty, the company spent over $9,000 to make corrections, which resulted in over 11,000 pounds in pollutant reductions.  (R6 Press Release)

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New Mexico:  Dairies Initiative.  The EPA issued 11 administrative orders to dairies located in southeast New Mexico requiring them to keep proper records in their Pollution Prevention Plans indicating properly lined waste lagoons. The orders also require that animal waste generated at the dairies be properly handled and disposed of without causing any environmental harm.  The dairies named in these orders are the Mountain View Dairy, Bright Star Dairy, Big Sky Dairy, Desert Land Dairy, Sunset Dairy, Buena Vista I Dairy, Gonzalez Dairy, Daybreak Dairy, River Valley Dairy, Dominguez Dairy, and D & J Dairy, all located between the cities of Las Cruces and Anthony, New Mexico.  During the week of August 13, 2007, compliance assistance training was provided to the Las Cruces area dairies.  In addition, EPA staff provided information on the requirements of the EPA Region 6 Concentrated Animal Feeding Operation general permit, the Pollution Prevention Plan elements, and recordkeeping requirements.  EPA discussed with the dairy owners and managers proper animal waste handling and disposal; surface water quality; and hydrologic connections with surface waters.  Based on these findings, the owners and operators of these dairies have been ordered to take action to bring the dairies into compliance with the Clean Water Act. EPA will continue to work with the dairies and the New Mexico Environment Department to ensure protection of surface and groundwater in the area.  (R6 Press Release)

New Mexico:  Federal Inspector Credentials Issued.  Formal credentials were issued to the New Mexico Environment Department (NMED) to perform inspections on behalf of the Environmental Protection Agency.  The credentials are for inspections conducted under the National Pollutant Discharge Elimination System (NPDES) program.  NMED staff will conduct compliance evaluation, compliance sampling, confined animal feeding operation, and storm water inspections.  Although NMED staff members have been conducting inspections for EPA for more than 12 years, the new formal credentials are expected to increase the reach and scope of enforcement within the state.  These credentials will result in more facilities being inspected, and NMED staff will have the authority to assess federal provisions not covered by state law. (R6 Press Release)

New Mexico:  Phase II Municipal Separate Storm Sewer System (MS4) General Permit.  EPA issued the Phase II Municipal Separate Storm Sewer System (MS4) General Permit effective on January 1, 2007.  That effective date was revised to July 1, 2007, with Notice of Intents due October 1, 2007.  In anticipation of the requirements of the General Permit, Region 6 storm water staff developed an inspector training course for MS4 construction inspectors for presentation in Las Cruces and Albuquerque.  All Phase II MS4s and New Mexico's Phase I MS4 were afforded the opportunity to participate in the training.  In order to answer questions and provide compliance assistance, monthly conference calls were held, whereby all MS4s could participate and ask questions or provide assistance to other MS4s.

Oklahoma:  Seaboard Foods Settlements.  Under two related settlements, Seaboard Foods LP and PIC USA Inc., will take significant steps to ensure future compliance with environmental laws and to resolve allegations that the companies contaminated groundwater and surface waters near several of their facilities. Seaboard Foods LP, one of the nation’s largest vertically integrated pork producers, is the current owner of more than 200 farms, including farms in Oklahoma and Texas.  Under the first consent decree, Seaboard Foods and PIC USA, Inc will pay a civil penalty of $240,000 for violations of the Resource Conservation and Recovery Act (RCRA), the federal hazardous waste statute.  In the second settlement, Seaboard will pay a civil penalty of $205,000 for failure to comply with the Clean Water Act (CWA) and the Clean Air Act (CAA), and for failure to comply with the continuous release reporting requirements of Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) and Emergency Planning and Community Right to Know Act (EPCRA).  Seaboard has agreed to clean and close leaking lagoons, implement measures to ensure any future leaking pipes or lagoons are identified and addressed promptly, and take steps to ensure that the area ground water is cleaned up. In addition, Seaboard Foods LP and PIC USA Inc. have agreed that when manure is used for crop fertilization purposes, it will be applied at appropriate rates, so to prevent future soil or ground water contamination.  Cost for cleanup will exceed $5 million, and will result in over 1 million pounds in pollutant reductions.

Oklahoma:  Mahard Egg Farms Cease and Desist Orders.  Based on a citizen’s complaint, EPA issued a cease and desist administrative order to Mahard Egg Farms’ Boogie Hill facility for violations of the Clean Water Act.  The farm was ordered to immediately stop all discharges of pollutants from its facility. The farm was given 14 days to remove and properly dispose of any solid waste from the southeast shore of Dilday Lake, and 45 days to submit to EPA a certified summary and photographs documenting completed work.  In July 2007, EPA inspected the facility, finding numerous violations requiring immediate compliance action. These violations included an unauthorized discharge from the farm’s lagoon into an unnamed tributary to the East Branch of Chigley Sandy Creek, which flows into Dilday Lake. EPA inspectors observed an area along the shore of Dilday Lake where a large amount of lagoon effluent had been deposited.  Water and soil sample analyses found ammonium, arsenic, nitrates, phosphorus and fecal coliform indicative of poultry waste. (R6 Press Release)

Oklahoma:  Rocking BS Ranch Cease and Desist Order.  EPA issued a cease and desist administrative order to the Rocking BS Ranch near Wetumka, Oklahoma, for violations of the Clean Water Act.  The ranch, an unpermitted Concentrated Animal Feeding Operation (CAFO), is located approximately three miles south and eight miles east of Wetumka.  The ranch was ordered to immediately stop all discharges of pollutants from its facility.  The ranch was given seven days to properly reconstruct a lagoon spillway where the discharge occurred, and 30 days to finalize the reconstruction and survey the lagoon to determine the quantity of solid manure buildup and total capacity of the lagoon.  The ranch has also been given 60 days to submit to EPA a summary and photographs of completed work, and 90 days to apply for permit coverage.  In April 2007, an Oklahoma Department of Agriculture, Food, and Forestry (ODAFF) inspector conducted an on-site inspection of the Rocking BS Ranch and observed an unauthorized discharge from the west lagoon entering an unnamed tributary to Middle Creek. The facility was also cited for discharging without a permit. (R6 Press Release)

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Texas:  Total Petrochemical USA Inc. Settlement.  Total Petrochemical USA Inc. (Total) will pay a $2.9 million penalty and upgrade pollution controls at its Port Arthur, Texas refinery, to resolve alleged violations of the Clean Air Act.  Total will make changes to its facility, estimated to cost $37 million, which will significantly reduce the facility’s emissions of air pollutants.  Once fully completed, the measures Total will implement will reduce annual emissions of nitrogen oxides by more than 180 tons, sulfur dioxide by more than 800 tons, and carbon monoxide by more than 120 tons.  The company has agreed to upgrade leak detection and repair practices and to implement programs to minimize the flaring of hazardous gases, which can cause serious respiratory problems and exacerbate asthma.  Total will also adopt strategies to ensure the proper handling of benzene wastewater, which is a byproduct of processing operations at the refinery.  The settlement also includes a Supplemental Environmental Project that requires the company to test new infrared camera technology to detect equipment leaks.  These equipment leaks may contain emissions that contribute to ground-level ozone and smog.  Infrared leak-detection cameras are state-of-the-art technology that allows faster detection of equipment leaks.  (R6 Press Release)

Texas:  Rhodia Inc. Settlement.  EPA entered into a national settlement agreement with Rhodia Inc., an acid manufacturer, covering eight production facilities in four states; three of which are located in Houston and Baytown, Texas.   Five other facilities are located in Louisiana, California, and Indiana.  For the Region 6 facilities, Rhodia will pay $667K in Federal and State penalties and spend over $40 million on air pollution controls.  These controls are expected to reduce harmful emissions of sulfur dioxide from its production plants in Texas and Louisiana by an estimated 18,000 tons.  The company will meet new, lower emission limits for sulfur dioxide at eight sulfuric acid production units, including two in Baton Rouge, Louisiana, two in Houston, Texas, and one in Baytown, Texas.  To meet these limits, the company will install state-of-the-art pollution control equipment at several plants and change operating procedures at several others.  Rhodia is the first sulfuric acid manufacturer in the nation to agree to a company-wide "global" compliance agreement.  Actual emissions at some of the Rhodia plants will decrease by more than 90 percent. (R6 Press Release)

Texas:  Center Point Dairy Cease and Desist Order.  Based on citizen complaints about the discharge of pollutants into Big Creek and an unnamed tributary to Schooley Creek in Hopkins County, Texas, the U.S. Environmental Protection Agency has issued a cease and desist administrative order to Center Point Dairy for violations of the federal Clean Water Act.  The dairy, located about six miles south of Brashear, on the south side of Farm Road 2653, is a Concentrated Animal Feeding Operation.  The facility has been ordered to immediately stop all discharges of pollutants from its lagoon and domestic septic systems. The facility was given seven days to clean up areas where domestic septic waste has pooled, and 14 days to properly remove solid waste from domestic septic tanks and repair septic waste collection systems.  The dairy has also been asked to remove sediment buildup in its lagoon and restore the lagoon to proper operating conditions.  Based on these findings, the owners and operators of Center Point Dairy have been ordered to immediately take action to bring the facility into compliance with the Clean Water Act. (R6 Press Release)

Texas:  Compliance Assistance to South Texas Exploration and Production Safety Network.  Region 6 provided compliance assistance to the South Texas Exploration and Production Safety (STEPS) network in Corpus Christi, Texas, to promote energy production and efficiency.  This effort demonstrated to the Oil and Natural Gas industry how to use an Infra-red Camera to detect air emissions and how vapor recovery units can capture lost product.  The STEPS network was initiated to promote safety, health and environmental improvement in the exploration and production of oil and gas in South Texas, in response to the British Petroleum Texas City incident in March 2003 that killed 15 people and injured 180 others.  The STEPS objective has been such a success that EPA Region 6, in collaboration with the Occupational Safety and Health Administration, and BP North America are expanding this network to other regional areas.

Tribal:  Compliance Assistance to Bureau of Indian Affairs (BIA) Tribal School Facilities and BIA Office of Facilities Management and Construction.  Compliance assistance was provided to BIA Tribal School facilities and environmental managers at the BIA Office of Facilities Management and Construction, June 4-8, 2007.  Information was provided to school managers in the Region 6 states of New Mexico, Oklahoma and Louisiana on the AHERA (Asbestos) program, lead-based paint and spent laboratory chemicals in schools program.  The focus of the presentation was on regulatory requirements of these programs, to ensure compliance with federal law, school safety, using less chemicals, and the interface with science curriculum in schools.

Tribal:  Nambe Pueblo in New Mexico and the Kickapoo Traditional Tribe in Texas.  Region 6 worked with the Nambe Pueblo in New Mexico and the Kickapoo Traditional Tribe in Texas to address violations of the Safe Drinking Water Act (SDWA) and National Primary Drinking Water Regulations.  Both Tribes had chronic violations of monitoring and reporting requirements and used unqualified operators.  Through the technical assistance provided by EPA and the Tribes’ commitment to compliance, both Tribes have achieved continuous compliance since issuance of the compliance agreements.  As a result, EPA has terminated the agreed-to-orders.

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