5 Office of Compliance and Enforcement (OCE) Immediate OfficeEdward J. KowalskiDirectorLauris C. DaviesAssociate DirectorAir/RCRA Compliance UnitScott E. DowneyManagerGround Water UnitPeter Contreras ManagerInspection and Enforcement Management UnitKimberly A. OgleNPDES Compliance UnitJeff KenKnightPesticides and Toxics UnitKelly McFadden8/16/2012U.S. Environmental Protection Agency
7 EPA’s Enforcement Process Environmental problem is identifiedCongress passes laws to addressEPA issues regulation to implementCompliance assistance helps regulated community understand and comply with the law.EPA/States/Locals enforce regulations
8 What is EPA’s role? (EPA’s enforcement goals) Aggressively enforce against facilities that fail to report releases and storage of extremely hazardous chemicalsBack up the States, Tribes and LEPC’s by enforcing EPCRA/CERCLA reporting regulations.Encourage Facilities to engage in SEP’s during settlement.
9 EPA’s Enforcement Process Compliance monitoring asses compliance through inspections and other activitiesEnforcement actions are initiated when the regulated community does not complyProtection of public health and the environment
11 Federal Regulations CERCLA (aka Superfund) – 1980 SARA Title III – Oct 17, 1986SARA Title III = EPCRAClean Air Act 112r Risk Management 1999
12 Recent disasters show the importance of emergency planning/response and enforcement West, Texas explosion, April 20, 2013
13 EPCRA 304- CERCLA 103 Enforcement-Release Reporting In the event of a spill or release of a hazardous substance at a facility, the owner/operator must make immediate notification to appropriate response agencies
14 EPCRA 311 & 312 Enforcement-Hazardous Chemical Inventory Reporting Facilities that store more than the threshold planning quantity of a hazardous substance.500 pounds or less for extremely hazardous substances (named in the regulation)10,000 pounds for all other substances that require a material safety data sheet.Report within 60 days of bringing a chemical on site (311) and each year by March 1 of the following year. (312)
15 Region 10 EPCRA Enforcement Priorities Facilities that do not report their releases to:NRC (CERCLA 103)SERC and LEPC (EPCRA 304)Facilities that do not report their chemical inventories, Tier II’s (EPCRA 311 & 312)Environmental justice communitiesHigh risk facilitiesSupplemental Environmental Projects (SEP)
16 EPCRA Enforcement in Region 10 Building an Enforcement Case Identifying out of compliance facility:NRC and State Spill ReportsU.S. Chemical Safety Board websiteReferrals from state and local governmentNews-Media reports.
17 EPCRA Enforcement in Region 10 Building an Enforcement Case Gathering InformationNRC and State Spill ReportsContact with local and state emergency responders and agenciesCERCLA 103 Information Request to facility.Inspections
18 U.S. Environmental Protection Agency Inspection ProcessIntroduction and EntryRecords ReviewFacility Walk-ThroughClosing ConferenceFollow-up Correspondence8/16/2012U.S. Environmental Protection Agency
19 Typical Enforcement Options Information RequestWarning LetterNotice of ViolationPre-filing LetterAdministrative and Civil ComplaintsEmergency ActionsPenalties/Injunctive Relief/SEPsCriminal ProsecutionDebarmentExpedited Settlement8/16/2012U.S. Environmental Protection Agency
20 EPA Region 10 EPCRA/CERCLA Inspections 2008-2012
22 Unisea Alaska CaseLargest Civil EPCRA/CERCLA Penalty Ever paid. $230,750.$133,250 civil penalty pursuant to Section 109 of CERCLA (aka Superfund), $975,000 civil penalty pursuant to Section 325 of EPCRA (Emergency Planning and Community Right-to-Know Act),Total penalty including state laws: $1,909,375.
23 Supplemental Environmental Policy SEP Projects must have nexus with violation25% of penalty must be paid in cashNo cash directly given, no salaries paidFacilities can get a maximum of 80 Cents for each dollar spent on the projectProjects with tie in to local community valued higherEJ communities get higher value
24 EPA Region 10 Supplemental Environmental Projects (SEP) YearNumber of SEPsTotal SEPs20081$59,14420094$251,87320103$121,4532011$19,435SEP CategoriesNumber of SEPs Equipment and training for local responders4Equipment to prevent and mitigate releases5
25 Dyno Nobel St. Helens Oregon SEP Company will install ammonia detection system in all major release points which will provide immediate alarms if any ammonia is starting to be released so the community can be warned quickly. Cost of detection system is: $68,4 laptop computer are being purchased for Columbia County Fire and Rescue for use in chemical inventory, emergency planning and air modeling during emergency chemical release incidents. $4,035.00
26 EPCRA 312 New Data Requirements Final Rule Issued July 13, 2012Effective for 2013 data to be reported by March 1, 2014Whether facility is manned or unmannedMaximum number of employees present at one timeContact information: facility emergency coordinatorof owner operatorLatitude and longitude of storage sitesTRI and RMP identification numbersSeparate data fields for pure chemicals and mixturesNew range codes for storage amounts.
27 U.S. Environmental Protection Agency On-line ResourcesEPAEnforcement & Compliance History Online (ECHO):8/16/2012U.S. Environmental Protection Agency