![[logo] US EPA](https://webarchive.library.unt.edu/eot2008/20081028101944im_/http://www.epa.gov/epafiles/images/logo_epaseal.gif){kind=logo}
Region 4 Annual Results 2006
National Annual
Results 2006
Estimated Environmental Benefits of Enforcement Actions (Including Supplemental Environmental Projects (SEPs) obtained or committed to:
- Pollutants Reduced (Pounds) - 209,776,514
- Contaminated Soil Cleaned (Cubic Yards) - 1,512,006
- Contaminated Water Cleaned (Cubic Yards) - 77,139,191
- Stream Miles (Linear Feet) - 14,820
- Wetlands Protected (Acres) - 3
- People Protected by Safe Drinking Water Act Enforcement - 0
Value of Complying Actions - $429,618,430
Value of Supplemental Environmental Projects (SEPs) - $4,753,724Cases with SEPs - 46
Voluntary Disclosure Program
- Pollutants Reduced as a Result of Audits or Other Actions (Pounds) - 39
- Facilities Initiated - 98
- Companies Initiated - 76
- Notices of Determination (NODs) - 121
- Facilities Resolved - 191
- Companies Resolved - 127
Total Entities Reached by Compliance Assistance - 25,956
EPA Administrative Compliance Orders (ACOs) - 225
EPA Administrative Penalty Complaints (APCs) - 310
EPA Civil Judicial Referrals - 38
EPA Final Administrative Penalty Order (FAPO) Settlements - 320
EPA Civil Judicial Conclusions - 19
EPA Administrative Penalties - $2,969,563
EPA Judicial Penalties - $36,022,373
EPA Stipulated Penalties - $0
Inspections/Evaluations - 2,980
Civil Investigations - 75
Number of Regulated Entities Taking Complying Actions during EPA Inspections/Evaluations - 76
Number of Regulated Entities Receiving Assistance during EPA Inspections/Evaluations - 66
Superfund Cleanup Enforcement
- Remedial Action (RA) starts where Settlement Reached or Enforcement Action Taken
by the time of the RA Start (during the Fiscal Year) at Non-Federal Superfund
Sites that have Known Viable, Liable Parties (%) - 100% - Private Party Commitments for Future Response Work
(Including cashouts) - $51,200,000 - Private Party Commitments for Cost Recovery - $16,300,000 (see footnote)
- Cost Recovery Statute of Limitation Cases Addressed with
Total Past Costs Greater than or Equal to $200,000 (%) – 100%
Footnote: In FY 2006, the Office of Site Remediation Enforcement (OSRE) changed the reporting requirements for Consent Decrees (CD) to count only CDs that have been entered by the courts. In previous years, OSRE gave credit for matters referred to the Department of Justice, lodged with the court, or entered by the court. The dollars recovered in FY 2006 include CDs that were counted in previous years at the referral or lodged stages.
Sources for data displayed in this document: Integrated Compliance Information System (ICIS), Comprehensive Environmental Response, Compensation & Liability Information System (CERCLIS), Resource Conservation and Recovery Act Information (RCRAInfo), Air Facility System (AFS), Permit Compliance System (PCS), Criminal Case Reporting System, and National Compliance Data Base System (NCDB), October 28, 2006.
Alabama |
 |
Alabama Power
The United States District Court for the Northern District of Alabama granted a partial Consent Decree (CD) for alleged construction of Miller Plants Units 3 and 4 without obtaining a Prevention of Significant Deterioration (PSD) permit and incorporating Best Available Control Technology requirements. The Consent Decree requires Alabama Power to commence continuous year-round operation of selective catalytic reduction equipment for control of nitrogen oxide (NOx) emissions by May 1, 2008. In addition, Alabama Power is required to install and begin year-round operation of flue gas desulfurization equipment for control of sulfur dioxide (SO2) emissions by December 31, 2011. The installation and operation of these controls are expected to result in the reduction of 4,953 tons per year of NOx and 22,788 tons per year of SO2. Alabama Power is also required to install and operate by December 31, 2008, a mercury continuous emission monitoring system. Furthermore, the Consent Decree requires Alabama Power to purchase and permanently retire $4.9 million worth of 2007 SO2 emissions allowances. A civil penalty of $100,000 is to be paid.
Select another state.
Return to top.
EPA Region 4 Drinking Water Airline Agreements
The U.S. Environmental Protection Agency (EPA) reached settlement under the Safe Drinking Water Act (SDWA) with four (4) of the major airlines headquartered in Region 4 (Air Tran, Atlantic Southeast Airlines, Comair, and Delta.) The action came after an EPA investigation of 327 U.S. and foreign planes at 19 airports in 2004 found total coliform contamination in the drinking water in 15 percent of the aircraft. The settlements require that the airlines regularly monitor aircraft water systems; notify EPA and the public when tests reveal contamination; and regularly disinfect aircraft water systems and water transfer equipment. The orders also require each airline to study possible sources of contamination from outside of the aircraft. These settlements were issued to ensure the safety of the drinking water used by airline passengers and crew. EPA is continuing to ensure drinking water quality with agreements similar to those reached with airlines that belong to the Air Transport Association and the National Air Carrier Association, and Air Carrier Association of America. Meanwhile, EPA is developing regulations for water that is served onboard aircraft. As part the development process for the airline drinking water rule, EPA held a public meeting in June for comments.
Florida Petroleum Reprocessors
The Florida Petroleum Reprocessors (FPR) Superfund Site located in the town of Davie, Broward County, Florida, was operated as a used oil recycling facility from 1979 to 1992. Groundwater contamination in the form of chlorinated solvents was detected at the Site and has migrated northward across roughly 800 acres to the Peele-Dixie drinking water well field. Such contamination has impacted the Biscayne Aquifer, which is designated by EPA as a sole source drinking water aquifer, which serves as Fort Lauderdale’s primary source of drinking water.
In the Superfund Consent Decree involving the Florida Petroleum Reprocessors PRP Group, the Florida Department of Transportation, several Federal agencies, and the initial site owner/operator, Barry Paul, the settling defendants have agreed to pay $2,585,956.11 towards EPA’s past costs. In addition, chemical oxidation, bio-enhancement injections, potential pump/treat activities, and monitored natural attenuation will be implemented through the Consent Decree to address the soil and groundwater contamination beneath the Florida Petroleum Reprocessors facility property and the Site plume. The FPR Group has already spent over $4.5 million dollars in Site removal response costs and it is likely to spend several million dollars more on implementing the Consent Decree.
Stauffer Chemical
The Stauffer Chemical Superfund Site is a former elemental phosphorus plant located in Tarpon Springs, Pinellas County, Florida. The Site comprises an area of approximately 130 acres and includes the former phosphorous production facilities and office/administrative buildings. While operating, the plant used a system of seventeen unlined waste ponds on the Site. The U.S. District Court for the Middle District of Florida entered the Consent Decree which involves a settlement with Stauffer Management Company LLC and Bayer CropScience Inc. These Settling Defendants will perform and fund the response action designated in the Record of Decision (ROD) issued on July 2, 1998, for the Stauffer Chemical Superfund Site, Tarpon Springs, Florida. Additionally, under the Consent Decree the Settling Defendants will reimburse the United States for past response costs and future response costs. As of November 9, 2004, EPA’s unreimbursed past response costs totaled $282,609.77. The estimated cost of implementing the remedy is $20,000,000. The Record of Decision (ROD) presents the selected remedial action for Operable Unit 1 at the Site involving the source of the soil and groundwater contamination by consolidating, treating, and containing this radiologically and chemically contaminated material.
Select another state.
Return to top.
EPA Region 4 Drinking Water Airline Agreements
The U.S. Environmental Protection Agency (EPA) reached settlement under the Safe Drinking Water Act (SDWA) with four (4) of the major airlines headquartered in Region 4 (Air Tran, Atlantic Southeast Airlines, Comair, and Delta.) The action came after an EPA investigation of 327 U.S. and foreign planes at 19 airports in 2004 found total coliform contamination in the drinking water in 15 percent of the aircraft. The settlements require that the airlines regularly monitor aircraft water systems; notify EPA and the public when tests reveal contamination; and regularly disinfect aircraft water systems and water transfer equipment. The orders also require each airline to study possible sources of contamination from outside of the aircraft. These settlements were issued to ensure the safety of the drinking water used by airline passengers and crew. EPA is continuing to ensure drinking water quality with agreements similar to those reached with airlines that belong to the Air Transport Association and the National Air Carrier Association, and Air Carrier Association of America. Meanwhile, EPA is developing regulations for water that is served onboard aircraft. As part the development process for the airline drinking water rule, EPA held a public meeting in June for comments.
Explorers Transport, Incorporated
On April 28, 2005, an Explorers Transport’s fuel delivery truck overturned on Georgia Interstate 75, going down an embankment leading into the Hiawassee River, releasing 8,500 gallons of fuel into the river, a water of the United States. EPA and Explorers Transport negotiated a Consent Agreement and Final Order (CAFO) pursuant to the Clean Water Act (CWA) Section 311 (b)(6)(ii), as amended by the Oil Pollution Act of 1990. Explorer Transport was required to pay $17,760 to EPA and, in addition to the fine, Explorer Transport will implement a Supplemental Environmental Plan (SEP) consisting of the purchase of 250,000 gallons of bio-diesel fuel. Under the SEP, Explorers Transport also agreed to acquire and install underground storage tank monitoring and dispensing equipment at a cost of $216,384.93.
Select another state.
Return to top.
EPA Region 4 Drinking Water Airline Agreements
The U.S. Environmental Protection Agency (EPA) reached settlement under the Safe Drinking Water Act (SDWA) with four (4) of the major airlines headquartered in Region 4 (Air Tran, Atlantic Southeast Airlines, Comair, and Delta.) The action came after an EPA investigation of 327 U.S. and foreign planes at 19 airports in 2004 found total coliform contamination in the drinking water in 15 percent of the aircraft. The settlements require that the airlines regularly monitor aircraft water systems; notify EPA and the public when tests reveal contamination; and regularly disinfect aircraft water systems and water transfer equipment. The orders also require each airline to study possible sources of contamination from outside of the aircraft. These settlements were issued to ensure the safety of the drinking water used by airline passengers and crew. EPA is continuing to ensure drinking water quality with agreements similar to those reached with airlines that belong to the Air Transport Association and the National Air Carrier Association, and Air Carrier Association of America. Meanwhile, EPA is developing regulations for water that is served onboard aircraft. As part the development process for the airline drinking water rule, EPA held a public meeting in June for comments.
Kentucky Utilities
The Kentucky Utilities Consent Decree was signed and entered in the United States District Court for the Eastern District of Kentucky on December 23, 2005. In this action, the Environmental Protection Agency (EPA) and the Department of Justice (DOJ) sought the assessment of penalties under Section 311 of the Clean Water Act, as amended by the Oil Pollution Act of 1990, due to the discharge in 1999 of approximately 38,000 gallons of diesel fuel oil from an underground pipeline owned and operated by Kentucky Utilities and located at the E.W. Brown Generating Station in Burgin, Kentucky (“Brown Station”). The EPA and DOJ also sought the assessment of penalties for the 2001 discharge of an unknown quantity of oil from a cooling tower at the Brown Station, and for Defendant's failure to timely submit a Brown Station Facilities Response Plan (“FRP”). Kentucky Utilities will pay a civil penalty in the amount of $228,569, and will install two additional oil-water separators at the Brown Station. This Supplemental Environmental Project will cost at least $750,000 to install, and an additional $400,000 to maintain over the next ten years. Finally, as a condition of settlement, Kentucky Utilities will also implement an FRP.
Oxy Vinyls, LLP
A Consent Decree with Oxy Vinyls, LLP (Oxy Vinyls) was entered in the Northern District Court of Texas on July 27, 2006. Oxy Vinyls is headquartered in Dallas, Texas, with plants in Pasadena, TX; Deer Park, TX; Louisville, KY; and Pedricktown, N. J. Under the settlement, Oxy Vinyls will significantly reduce vinyl chloride emissions at its plants, and the requirements associated with these reductions will become part of each plant’s permit. In addition, at an estimated cost of $1.2 million, Oxy Vinyls agreed to perform three Supplemental Environmental Projects (SEPs) which are expected to permanently decrease emissions of vinyl chloride by approximately 40,000 pounds per year within five years. Oxy Vinyls’ SEP project for the Louisville, KY facility will be the installation of a vinyl chloride railcar vapor unloading vacuum system which is expected to reduce vinyl chloride emissions by approximately 100 pounds per year. The cost of this SEP project is $250,000.
Select another state.
Return to top.
Prologis Distribution Center
Region 4 issued an Administrative Order to ProLogis Distribution Center, Olive Branch, MS, requiring compliance with storm water requirements pursuant to the Clean Water Act. This administrative action has resulted in a reduction of approximately 6.3 million pounds of sediment/year.
Select another state.
Return to top.
United Organics Corporation
On May 15, 2006, the U.S. District Court for the Eastern District of North Carolina entered a default judgment in a major Resource Conservation and Recovery Act (RCRA) case, United Organics, that requires that the defendants comply with the law, investigate and clean-up contamination, and pay a $32 million penalty. United Organics, located in Williamston, North Carolina, was a former manufacturer of specialty chemicals, pharmaceutical chemicals, and detergents. Defendants have not yet complied with the Court’s Order. The United States is taking action to address continuing hazardous waste violations, ensure clean-up of the facility, and pursue the penalty.
Select another state.
Return to top.
McCar Homes of South Carolina, Incorporated
A Consent Agreement and Final Order was executed and filed by the U. S. Environmental Protection Agency (EPA) Region 4 against McCar Homes, Incorporated, Simpsonville, S. C., resolving an enforcement action requiring the company’s compliance with their storm water construction permit, pursuant to the Clean Water Act. This action resulted in a significant reduction of sediment, amounting to approximately 26 million pounds/year.
Marine Corps Recruit Depot, Parris Island
After completion of a multiyear negotiation process, the U.S. Environmental Protection Agency (EPA) completed negotiation of a Federal Facility Agreement (FFA) with the US Marine Corps Recruit Depot Parris Island (MCRD), located in South Carolina. This FFA establishes the procedures under which the Agencies are to negotiate and coordinate cleanup of the Parris Island NPL Site, provides for enforceable milestones, ensures compliance with both CERCLA and RCRA, and facilitates expedited implementation of remedial actions. The FFA addresses the potential or actual contamination of 14,000 cubic yards of soil, and will cost an estimated $6 million to complete.
Savannah River Site
In conjunction with the Department of Energy, the Savannah River Site (SRS), the U. S. Environmental Protection Agency (EPA) and the South Carolina Department of Health and Environmental Control (SCDHEC) agreed on a clean up solution for the SRS’s T area. The T Area, built in the early 1950s, is located in the southwestern portion of the Savannah River Site and is approximately one-quarter mile east of the Savannah River. It was in active operation from the early 1950s until 2003, when operations were no longer required. During that time period and in support of the Cold War effort, the T Area was used for pilot-scale testing and evaluation to support the separation of uranium and plutonium produced from five onsite reactors. This remediation will result in the cleanup of approximately 484,000 cubic yards of soil and materials.
Select another state.
Return to top.
Cargill, Incorporated
The Department of Justice (DOJ) and the Environmental Protection Agency (EPA) reached a Clean Air Act settlement with Cargill, Incorporated (Cargill) that addresses 27 facilities located in five of EPA’s eight regions. Cargill’s Memphis, Tennessee plant is in Region 4. As a result of this settlement, Cargill will install or optimize VOC controls at 58 units to achieve 95% control or better, install or optimize NOx controls on 30 boilers, and implement aggressive solvent loss ratio for oilseed plants which are better than the Maximum Achievable Control Technology (MACT) levels. Cargill will also achieve approximately a 33% reduction of actual SO2 emissions from the boilers. The emission reductions that will be achieved by Cargill are 10,450 tons per year (tpy) of VOC, 1350 tpy of NOx, 10,900 tpy of CO and 2250 tpy of SO2. Cargill will pay a civil penalty of $1.6 million and $4.4 million in Supplemental Environmental Projects (SEPs). The federal SEPs consist of the elimination of gaseous sulfur dioxide at corn mill plants in Memphis, TN, Blair, NE, Cedar Rapids, IA, Dayton, OH, and Eddyville, IA; a pilot VOC and HAP reduction project on the Memphis, TN Oxidized Starch Process; and elimination of ozone depleting substance at Eddyville, IA and Blair, NE. The community based SEPs consist of a Mid-south Clean Air Coalition diesel retrofit program in Shelby County, TN; an Eddyville dunes and wetland restoration project in Eddyville, IA; a Cedar Rapids, IA Indian Creek Nature Center wetlands restoration project; and a Nebraska-Missouri River wetland reserve enhancement program.
Lucite Corporation
The Environmental Protection Agency Region 4 and the Department of Justice settled a major Clean Air Act (CAA) case with Lucite International, Inc. (Lucite), which requires the chemical manufacturer to install pollution controls on three emission sources at its Memphis, Tennessee, plant resulting in the elimination of over 7,100 tons of pollution each year. The pollutants addressed in the settlement are sulfur dioxide, sulfuric acid mist, carbon monoxide, and volatile organic compounds. Lucite will install a $16 million dual absorption control system on its Sulfuric Acid Regeneration Unit, which will result in the elimination of approximately 2,900 tons of sulfuric dioxide emissions each year. Lucite will also pay a civil penalty of $1.8 million and perform a supplemental environmental project worth $1.3 million which will reroute emissions from two other plant emission sources. This will result in a 90% reduction of previously permitted emissions from these sources.
Department of Energy, Oak Ridge Reservation
The Environmental Protection Agency (EPA) and the Department of Energy Oak Ridge Reservation agreed upon a remedial action at the Y-12 plant as contained in a Record of Decision (ROD), for the Upper East Fork Poplar Creek (UEFPC) Phase II site. The Y-12 plant is a manufacturing facility originally constructed as part of the World War II Manhattan Project to produce nuclear weapons components and has a current continuing mission to refurbish nuclear weapons and store enriched uranium. The UEFPC Phase II Site Soils ROD addresses contamination located throughout the 600 acre industrial complex. Remediation to be conducted as a result of this ROD includes cleanup of mercury, uranium-235, 238, Cs -137, and other hazardous substances in site soils, to provide for an increase in protection of onsite industrial workers. Additionally, another remedial objective of soil cleanup is to further mitigate impact to groundwater and surface water. Other response actions in the ROD include cleanup of contaminated scrap and subsurface structures and buried wastes, plus institutional controls to prevent exposure to any residual contamination. The projected cost of the remedy is $44 million. An estimated 75,000 cubic yards of soil and debris is expected to be generated for disposal at the onsite Oak Ridge Reservation landfills under the scope of this response action.