Enforcement

New Tools and Approaches Are Reshaping Environmental Compliance

I recently joined EPA staff and leaders from across academia, industry and non-profit sectors for a conference dedicated to the latest Next Generation Compliance strategies and solutions, hosted by George Washington University Law School. With topics ranging from how to use new technologies to improve compliance, to citizen monitoring and state-federal collaboration (just to name a few), one thing was clear – there is strong momentum and lots of progress in Next Gen today that’s shaping the future of environmental enforcement and compliance.

The conference inspired me to take a moment to reflect on all of this progress. Here are a few examples of what we’ve already accomplished:

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Editor's Note: The views expressed here are intended to explain EPA policy. They do not change anyone's rights or obligations.

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E-Manifest: Partnering to Build a 21st Century Solution for Hazardous Waste Tracking

Last year, I announced that we were embarking on the development of e-Manifest, to upgrade the current paper-based system of tracking hazardous waste to an electronic one, streamlining and greatly reducing the millions of paper manifests produced each year. E-Manifest will save industry an estimated $75 million per year, improve inspection and enforcement by EPA and the states, and improve public safety by providing timely and better quality information on hazardous waste transport to emergency responders.

Hazardous waste generated in the United States must be tracked from “cradle to grave” to ensure it is handled, shipped, and disposed of in a safe and environmentally responsible manner.

We’ve made significant progress over the last year working with the states, industry, and other stakeholders on the development of e-Manifest.

We held a series of extensive technical meetings to discuss key issues, including:

  • Current industry and state operations and information technology (IT) systems that support manifests.
  • Industry and state expectations and requirements for interacting with e-Manifest.
  • State and industry data access needs and reports available from the e-Manifest system.

This work is essential to designing, building and ultimately deploying the national system, and the agency will soon procure appropriate vendors to achieve these goals. We will be in close contact with users and other stakeholders to pilot and test the system every step of the way as we proceed.

On February 18, 2015 we asked for nominations from individuals interested in service on this e-Manifest Board, ensuring there is representation from states, industry, and IT professionals. View the Federal Register Notice for more information.

Another important step needed before the e-Manifest program can be fully implemented is to establish the initial fee structure for users of the system. We are working closely with states and industry stakeholders, and anticipate the proposed rule establishing the fee model for the system will be ready for public comment by May of 2016.

Editor's Note: The views expressed here are intended to explain EPA policy. They do not change anyone's rights or obligations.

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Largest Superfund Settlement in History Means Cleanups from New Jersey to California

If you pollute the environment, you should be responsible for cleaning it up. This basic principle guides EPA’s Superfund cleanup enforcement program.

We just settled our largest environmental contamination case ever, for nearly $4.4 billion that will help to clean up the communities that were affected.

Here’s some background: Last April, along with the Department of Justice and the United States Attorney’s Office for the Southern District of New York, EPA announced a historic cleanup settlement with Anadarko Petroleum Corporation. Many years ago, one of Anadarko’s subsidiaries, Kerr-McGee, conducted uranium mining and other activities that involved highly toxic chemicals at sites across the nation. These operations left contamination behind, including radioactive uranium waste across the Navajo Nation; radioactive thorium in Chicago and West Chicago, Illinois; creosote (or tar) waste in the Northeast, the Midwest, and the South; and perchlorate contamination in Nevada. All of these substances can be dangerous to people’s health.

Anadarko tried to skirt its responsibility by transferring the business assets responsible for this contamination into a now-defunct and bankrupt company called Tronox. EPA and DOJ vigorously pursued them – and the result was this new settlement. The nearly $4.4 billion that the company will pay will help to clean up toxic pollution and to turn the contaminated areas back into usable land.

This settlement took effect last week. Here are some ways that its impact will be felt:

  • In Manville, N.J., a coal tar wood treatment facility buried creosote in recreational areas. Funds will be used EPA and the state will get funds to clean up the waste left behind.
  • Not far away in Camden and Gloucester City, N.J., there’s a residential area where two former gas mantle manufacturing sites used to be. They’ve received cleanup assistance already, and this settlement means that more is on the way.
  • Funds are starting to flow to Navajo Nation territory to help clean up drinking water contaminated by radioactive waste from abandoned uranium mines.
  • Low income, minority communities in Jacksonville, Florida; West Chicago, Illinois; Columbus, Mississippi; and Navassa, North Carolina are benefiting from the settlement funds to clean up contamination from uranium and thorium, volatile organic compounds, pesticides and PCBs.

Companies that operate in American communities have an obligation to protect nearby residents from harm. That’s why we do enforcement — to protect communities and their health. We make sure that responsible parties are held accountable and pay to clean up the pollution they caused.

Learn more about our enforcement cleanup efforts at Superfund sites across the country, some of which include an enforcement component, in the December 2014 National Geographic Magazine.

Picture resources:
Federal Creosote site pictures: http://epa.gov/region02/superfund/npl/federalcreosote/images.html
Welsbach & Gas Mantle site pictures: http://www.epa.gov/region02/superfund/npl/welsbach/images.html
Map of Navajo Nation Abandoned Uranium Mines Superfund Cleanup Sites (larger poster PDF): http://www.epa.gov/region9/superfund/navajo-nation/pdf/CleanupSitesPoster.pdf
smaller image found at http://www.epa.gov/region9/superfund/navajo-nation/abandoned-uranium.html

Editor's Note: The views expressed here are intended to explain EPA policy. They do not change anyone's rights or obligations.

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Improving Access to Environmental Data through ECHO

By Rebecca Kane

I work at the Environmental Protection Agency because I care about protecting communities from pollution. I believe that information is critical to taking action, be it working with stakeholders to affect local policies or empowering citizens with tools to reduce their environmental footprint.

I manage EPA’s Enforcement and Compliance History Online website, known as ECHO, which provides information about environmental inspections, violations and enforcement actions for EPA-regulated facilities, like power plants and factories. As one of our most important and popular resources, ECHO houses information about more than 800,000 facilities nationwide, and last year, it was visited more than 2 million times. I consider it an important tool to staying informed about my community in suburban Washington, DC.

Recent updates to ECHO allow me, and all who want to stay informed about environmental issues in their community, to find information more efficiently and accurately. Here are some examples of how these upgrades help me use the data:

  • We’ve brought back the popular Clean Water Act features, and now it’s easier to find data about water violations and inspections.
  • I can search for Clean Water Act dischargers based on type of pollutants discharged. For example, I can quickly find facilities in the area that discharge metals and check to see whether they are meeting their permitted discharge limits. This matters if my family wants to fish or swim in nearby streams and rivers.
  • When I download data to analyze violations at facilities near my neighborhood, I can see information that’s been updated within the week.
  • I can now encourage web developers to build EPA’s enforcement data directly into their own web pages and apps, because ECHO reports are now built on web services.

I’m proud to be a part of ECHO’s continued development, and there’s more to come as we continue to advance our commitment to inform and empower the public. We’re always working on enhancements to ECHO, and welcome your feedback about the site.

About the author: Rebecca Kane is a program analyst who has worked at EPA for 13 years. She’s spent most of her time in the Office of Enforcement and Compliance Assurance and is leading the ECHO modernization effort.

Editor's Note: The opinions expressed here are those of the author. They do not reflect EPA policy, endorsement, or action, and EPA does not verify the accuracy or science of the contents of the blog.

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From Cutting Edge to Commonplace

By Cynthia Giles

I’ve dedicated my career to working with state, local and tribal partners to enforce environmental laws to protect American communities from pollution. Looking back, we’ve come a long way in how we measure for pollution and take action to curb it. Years ago, accounting for air pollution from refineries, for instance, was unreliable and burdensome. It relied in large part on estimates, often done by the refineries themselves, which often undercounted actual emissions and the risks posed to neighbors. In those days, fully understanding refinery emissions would have required taking air samples one-by-one across many potential sources.

Over the past decade, new technologies and innovative solutions have significantly improved our enforcement and compliance efforts. Through EPA’s Next Generation Compliance strategy, we’re building these tools into settlements with companies, pushing their development and implementation in communities across America.

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Editor's Note: The views expressed here are intended to explain EPA policy. They do not change anyone's rights or obligations.

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EPA: Making a Visible Difference in Communities Across the Country

Marian Wright Edelman, President and Founder of the Children’s Defense Fund, once said “We must not, in trying to think about how we can make a big difference, ignore the small daily differences we can make which, over time, add up to big differences that we often cannot foresee.”

Making a visible difference in communities is at the heart of EPA’s mission of protecting human health and the environment. It is what drives our workforce to go above and beyond to find that “difference” that improves the lives of individuals, families, and communities across the country. Last month, I invited EPA employees to share stories of the creative and innovative approaches that they have used to educate, engage and empower American families and communities in environmental protection. I’d like to share some of their stories with you with the hope that you too will be inspired to make a difference in your community. More

Editor's Note: The views expressed here are intended to explain EPA policy. They do not change anyone's rights or obligations.

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Tackling the Cases That Matter Most

By Cynthia Giles

This week, EPA released its final strategic plan outlining the agency’s priorities for the next four years, including enforcement and compliance assurance. When the draft plan was released back in November, we received thousands of public comments that stressed the importance of a robust enforcement program that holds polluters accountable and deters violations of environmental laws. I couldn’t agree more.

Now that we have a clearer understanding of EPA’s budget, we have made some adjustments to the numbers outlined in the plan. While they are projections – and actual results are often higher than projected – greater budget certainty has allowed us to increase some of the targets. The final strategic plan reflects EPA’s commitment to vigorous enforcement for the cases that have the highest impact on protecting public health and the environment. More

Editor's Note: The views expressed here are intended to explain EPA policy. They do not change anyone's rights or obligations.

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Helping to Protect the Communities of Port Arthur, Texas

A view of the Flint Hills facility at night

A view of the Flint Hills facility at night

By Cynthia Giles

Pollution can affect us all, but communities in Port Arthur, Texas, a major hub for America’s energy and chemical facilities, are especially overburdened. Anyone who lives close to chemical plants knows all too well that breathing in dangerous air pollution can cause a variety of health impacts, including asthma, pneumonia, bronchitis, and other respiratory illnesses. It can also be a barrier to economic opportunity and middle class security, often gaps that affect low income and disadvantaged communities.

Advances in pollution controls and information technology used in our enforcement cases can stem these impacts and help those who need it most.

This week’s settlement with Flint Hills Resources of Port Arthur, a major chemical company, is the most recent example. The agreement requires the company to significantly reduce emissions, be transparent about pollution issues, and conduct projects to improve the local environment.

Flint Hills worked with EPA to develop and will implement state-of-the-art technology to reduce pollution from industrial flares. Improper flaring can send hundreds of tons of hazardous pollutants into the air. EPA wants companies to flare less, and when they do flare, to fully burn the harmful chemicals found in the waste gas. In addition, the company will take steps to reduce “fugitive” emissions, which refers to pollution that can leak from valves, pumps, and other equipment, by monitoring more frequently, installing “low emission” valves, and other measures.

A fence-line air monitor

For the past several years, Flint Hills has operated a system to monitor the ambient levels of the hazardous air pollutants benzene and 1,3 butadiene at the boundaries of the facility, also known as the “fence line.” As part of this settlement, they are now taking a step further by agreeing to make this data available online to the public every week. In addition, twice a year, the company will post a report that summarizes the data collected, plus any required corrective actions for pollution above threshold levels. This information will provide critical information to the community on the state of environmental conditions where they live.

Flint Hills has also agreed to spend $2 million dollars on diesel retrofits for vehicles owned by the City of Port Arthur, a project that will reduce pollution over the next 15 years. It will also spend $350,000 on technologies to reduce energy demand in low income homes.

Once fully implemented, EPA estimates that the settlement will reduce harmful emissions of benzene and other hazardous air pollutants by an estimated 1,880 tons per year, and will reduce greenhouse gas emissions by approximately 69,000 tons per year. I know that this settlement won’t fix all of the problems in Port Arthur, but it’s an important step to clean the air and to ensure companies operate responsibly in overburdened communities.

About the author: Cynthia Giles is the Assistant Administrator for EPA’s Office of Enforcement and Compliance Assurance, where she leads EPA’s efforts to enforce our nation’s environmental laws and advance environmental justice. Giles has more than 30 years of service in the public, private and non-profit sectors. She received a BA from Cornell University, a JD from the University of California at Berkeley and an MPA from the Harvard University Kennedy School of Government.

Editor's Note: The opinions expressed here are those of the author. They do not reflect EPA policy, endorsement, or action, and EPA does not verify the accuracy or science of the contents of the blog.

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Protecting Those That Need it Most

Reposted from EPA Connect Blog

By Cynthia Giles

CynthiaGiles2x3.21The American public depends on us to pursue serious violators of environmental laws and protect clean air, water and land on which we all depend. Nowhere is this more important than in the minority, low-income, and tribal communities overburdened by pollution. That’s why – as the Assistant Administrator with the honor of overseeing EPA’s Office of Environmental Justice – I’m proud to mark the close of Environmental Justice Month with some reflections on how enforcement has advanced the cause of justice for those most vulnerable to pollution.

Pursuing justice for overburdened communities is an essential part of our enforcement work – from the problems we select for enforcement attention, the violating facilities we address, the way we design relief to remedy violations and past harms, and our engagement with affected communities. We’ve developed methods to screen for potential environmental justice concerns and to determine how necessary enforcement actions can benefit communities.

Here are a few examples to help illustrate this:

  • Sewage discharges are a public health threat often impacting urban residents, so we’re working with city mayors to tackle the shared challenges these pollution problems present. Together, we make sure that settlements prioritize remedial action in overburdened communities and promote green infrastructure projects to help increase the resilience of cities to climate change, while reducing storm water runoff and discharges of raw sewage that degrade water quality.
  • The impacts of petroleum refineries and power plants on air quality in surrounding neighborhoods have been a challenge for decades. When negotiating settlements, we require the polluter to make reforms and develop solutions that reduce pollution, clean up the environment and achieve a variety of community benefits. A recent settlement with Shell Deer Park embodies this through reforms to reduce air pollution from flaring, mitigation projects to reduce air toxics, a project to install and operate fence-line monitoring stations to keep the community informed about pollution that can affect them, and retrofitting old, diesel-emitting public vehicles in the area.
  • When pursuing criminal cases, we’ve seen a strong deterrent impact from traditional sanctions like imprisonment and fines for crimes that threaten the health and safety of overburdened communities. We’re also looking for ways to provide greater protection to affected communities through restitution or community service. For example, as part of the plea agreement with the Pelican Refining Company, Pelican will pay $2 million in community service payments to environmental projects and air monitoring in Louisiana.

These examples of progress are important, but our work is far from done. The next 20 years will require staying out in front of pollution problems and empowering affected communities to take action. Tools like advanced monitoring and electronic reporting, when paired with information technology, can ensure the public receives faster and more accurate information on where to find violations and what to do about them. I am proud of what we have achieved over the last 20 years and I am confident that if we continue to listen to communities, share our work and use the latest technological advances, we will sustain our progress on environmental justice for decades to come.

About the author: Cynthia Giles is the current Assistant Administrator  for EPA’s Office of Enforcement and Compliance Assurance, where she leads EPA’s efforts to enforce our nation’s environmental laws and advance environmental justice.

Editor's Note: The opinions expressed here are those of the author. They do not reflect EPA policy, endorsement, or action, and EPA does not verify the accuracy or science of the contents of the blog.

Please share this post. However, please don't change the title or the content. If you do make changes, don't attribute the edited title or content to EPA or the author.

Protecting Those That Need it Most

The American public depends on us to pursue serious violators of environmental laws and protect clean air, water and land on which we all depend. Nowhere is this more important than in the minority, low-income, and tribal communities overburdened by pollution. That’s why – as the Assistant Administrator with the honor of overseeing EPA’s Office of Environmental Justice – I’m proud to mark the close of Environmental Justice Month with some reflections on how enforcement has advanced the cause of justice for those most vulnerable to pollution.

Pursuing justice for overburdened communities is an essential part of our enforcement work – from the problems we select for enforcement attention, the violating facilities we address, the way we design relief to remedy violations and past harms, and our engagement with affected communities. We’ve developed methods to screen for potential environmental justice concerns and to determine how necessary enforcement actions can benefit communities.

Here are a few examples to help illustrate this:

More

Editor's Note: The views expressed here are intended to explain EPA policy. They do not change anyone's rights or obligations.

Please share this post. However, please don't change the title or the content. If you do make changes, don't attribute the edited title or content to EPA or the author.