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. Continue reading

Editor's Note: The views expressed here are intended to explain EPA policy. They do not change anyone's rights or obligations. You may share this post. However, please do not change the title or the content, or remove EPA’s identity as the author. If you do make substantive changes, please do not attribute the edited title or content to EPA or the author.

EPA's official web site is www.epa.gov. Some links on this page may redirect users from the EPA website to specific content on a non-EPA, third-party site. In doing so, EPA is directing you only to the specific content referenced at the time of publication, not to any other content that may appear on the same webpage or elsewhere on the third-party site, or be added at a later date.

EPA is providing this link for informational purposes only. EPA cannot attest to the accuracy of non-EPA information provided by any third-party sites or any other linked site. EPA does not endorse any non-government websites, companies, internet applications or any policies or information expressed therein.

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 views expressed here are intended to explain EPA policy. They do not change anyone's rights or obligations. You may share this post. However, please do not change the title or the content, or remove EPA’s identity as the author. If you do make substantive changes, please do not attribute the edited title or content to EPA or the author.

EPA's official web site is www.epa.gov. Some links on this page may redirect users from the EPA website to specific content on a non-EPA, third-party site. In doing so, EPA is directing you only to the specific content referenced at the time of publication, not to any other content that may appear on the same webpage or elsewhere on the third-party site, or be added at a later date.

EPA is providing this link for informational purposes only. EPA cannot attest to the accuracy of non-EPA information provided by any third-party sites or any other linked site. EPA does not endorse any non-government websites, companies, internet applications or any policies or information expressed therein.

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 views expressed here are intended to explain EPA policy. They do not change anyone's rights or obligations. You may share this post. However, please do not change the title or the content, or remove EPA’s identity as the author. If you do make substantive changes, please do not attribute the edited title or content to EPA or the author.

EPA's official web site is www.epa.gov. Some links on this page may redirect users from the EPA website to specific content on a non-EPA, third-party site. In doing so, EPA is directing you only to the specific content referenced at the time of publication, not to any other content that may appear on the same webpage or elsewhere on the third-party site, or be added at a later date.

EPA is providing this link for informational purposes only. EPA cannot attest to the accuracy of non-EPA information provided by any third-party sites or any other linked site. EPA does not endorse any non-government websites, companies, internet applications or any policies or information expressed therein.

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:

Continue reading

Editor's Note: The views expressed here are intended to explain EPA policy. They do not change anyone's rights or obligations. You may share this post. However, please do not change the title or the content, or remove EPA’s identity as the author. If you do make substantive changes, please do not attribute the edited title or content to EPA or the author.

EPA's official web site is www.epa.gov. Some links on this page may redirect users from the EPA website to specific content on a non-EPA, third-party site. In doing so, EPA is directing you only to the specific content referenced at the time of publication, not to any other content that may appear on the same webpage or elsewhere on the third-party site, or be added at a later date.

EPA is providing this link for informational purposes only. EPA cannot attest to the accuracy of non-EPA information provided by any third-party sites or any other linked site. EPA does not endorse any non-government websites, companies, internet applications or any policies or information expressed therein.

Full Steam Ahead in Enforcement

Last month EPA issued its Draft Strategic Plan outlining, among other things, our enforcement priorities in the coming years.  The draft plan reflects our commitment to vigorous civil and criminal enforcement for the cases that have the highest impact on protecting public health and the environment, and to innovation that will help us do an even better job.

Today’s budget realities have made our jobs tougher. Cuts to budgets and reductions in staffing make hard choices necessary across the board.  Enforcement is no different. Our focus on high impact cases, combined with reduced budgets, means that the overall number of cases will tend to be lower than in past years. In uncertain budget times, we made conservative estimates in the draft plan.

But rest assured – we’re full steam ahead on the enforcement work that matters most to Americans.

Take air pollution. We’ve recently completed civil settlements to reduce dangerous air toxics released from industrial flares at refineries and chemical plants, requiring companies to implement technologies that control emissions. When EPA found unacceptable levels of benzene in the air around a coke facility in New York, we took enforcement actions to hold the company and its executives accountable and to reduce benzene emissions from the plant.

Continue reading

Editor's Note: The views expressed here are intended to explain EPA policy. They do not change anyone's rights or obligations. You may share this post. However, please do not change the title or the content, or remove EPA’s identity as the author. If you do make substantive changes, please do not attribute the edited title or content to EPA or the author.

EPA's official web site is www.epa.gov. Some links on this page may redirect users from the EPA website to specific content on a non-EPA, third-party site. In doing so, EPA is directing you only to the specific content referenced at the time of publication, not to any other content that may appear on the same webpage or elsewhere on the third-party site, or be added at a later date.

EPA is providing this link for informational purposes only. EPA cannot attest to the accuracy of non-EPA information provided by any third-party sites or any other linked site. EPA does not endorse any non-government websites, companies, internet applications or any policies or information expressed therein.

Three Goals to Guide our Enforcement Forward

Administrator Gina McCarthy recently set EPA on a path forward with her seven guiding themes. At that time, I was working with colleagues across the Agency to finalize the latest version of EPA’s enforcement goals. It’s no coincidence that these goals – designed to prioritize our efforts and streamline resources – support EPA’s themes and our commitment to protect public health and the environment in every community across America.

Our enforcement goals recognize that success requires vigorous enforcement to protect communities, innovation to improve compliance and reduce pollution, and strong partnerships with states and tribes. To help us focus on top priorities, especially important in a time of tight budgets, we’ve set three enforcement goals:

Continue reading

Editor's Note: The views expressed here are intended to explain EPA policy. They do not change anyone's rights or obligations. You may share this post. However, please do not change the title or the content, or remove EPA’s identity as the author. If you do make substantive changes, please do not attribute the edited title or content to EPA or the author.

EPA's official web site is www.epa.gov. Some links on this page may redirect users from the EPA website to specific content on a non-EPA, third-party site. In doing so, EPA is directing you only to the specific content referenced at the time of publication, not to any other content that may appear on the same webpage or elsewhere on the third-party site, or be added at a later date.

EPA is providing this link for informational purposes only. EPA cannot attest to the accuracy of non-EPA information provided by any third-party sites or any other linked site. EPA does not endorse any non-government websites, companies, internet applications or any policies or information expressed therein.

EPA’s Enforcement Database Gets an Overhaul

By Rebecca Kane

When the West, Texas fertilizer plant exploded in April, my heart sank. The disaster triggered sadness for those who lost loved ones. Even after the fire was out, though, there were effects on people in the area and on the environment.

As is common with domestic environmental disasters, the West, Texas explosion resulted in a flood of calls from reporters, researchers and concerned citizens to EPA about the Enforcement and Compliance History Online (ECHO) website, which I’ve helped manage for 12 years. ECHO has become a go-to resource for information about environmental inspections, violations and enforcement actions for more than 800,000 regulated facilities.

And today it’s getting an overhaul.

Until today, ECHO was supported by a 23-year-old system and a web page design that had become outdated. Over time, as we added more features to the site, some users found it to be confusing and had trouble tracking down information. When there was a rush to the site like the one in April, these challenges were exacerbated, leading our team to spend hours helping people navigate the system and troubleshooting.

Today’s launch of the beta version of the new ECHO website is a game changer. The new ECHO site is more efficient, flexible and easier to use, with compelling graphics and functionality. If you’re interested in the environmental compliance history of a nearby facility or industry sector, or just want to be more informed about enforcement activity in your area, check out the new ECHO. We’ve kept the good stuff like the rich data, the robust search options, mapping and easy data downloads. And now the site is better organized, and we’ve added features like collapsible and expandable sections of data, making it easier to find information.

It’ll remain in beta form for a few weeks, and we need people like you to visit and take the new ECHO for a spin while we complete testing and add finishing touches. In addition to an improved user experience, the new ECHO also opens up greater possibilities for future enhancements like public web services that allow anyone to develop tools using the data. Your participation and input will help us continue fine tuning and rebuilding key features throughout the next year.

The work we’ve done to modernize ECHO supports EPA’s commitment to increasing transparency and empowering informed, involved citizens. Take a look and let us know what you think.

About the author:  Rebecca Kane is a Program Analyst that has worked at EPA for almost 13 years. She’s spent most of her time in the Office of Enforcement and Compliance Assurance working on the ECHO website and other transparency projects.

 

Editor's Note: The views expressed here are intended to explain EPA policy. They do not change anyone's rights or obligations. You may share this post. However, please do not change the title or the content, or remove EPA’s identity as the author. If you do make substantive changes, please do not attribute the edited title or content to EPA or the author.

EPA's official web site is www.epa.gov. Some links on this page may redirect users from the EPA website to specific content on a non-EPA, third-party site. In doing so, EPA is directing you only to the specific content referenced at the time of publication, not to any other content that may appear on the same webpage or elsewhere on the third-party site, or be added at a later date.

EPA is providing this link for informational purposes only. EPA cannot attest to the accuracy of non-EPA information provided by any third-party sites or any other linked site. EPA does not endorse any non-government websites, companies, internet applications or any policies or information expressed therein.

A New Approach to Protecting Drinking Water

Sometimes the best enforcement is the promise of enforcement.

This is the thinking behind a key element of Next Generation Compliance: Developing innovative enforcement strategies. The clear expectation of enforcement, combined with the commitment to follow-through, motivates compliance with rules that protect America’s air, water and land. We’ve known this for a while, but recently we’ve created new systems that allow us to prioritize the worst offenders and target our efforts, saving time and money, while becoming a more effective and transparent agency.

Continue reading

Editor's Note: The views expressed here are intended to explain EPA policy. They do not change anyone's rights or obligations. You may share this post. However, please do not change the title or the content, or remove EPA’s identity as the author. If you do make substantive changes, please do not attribute the edited title or content to EPA or the author.

EPA's official web site is www.epa.gov. Some links on this page may redirect users from the EPA website to specific content on a non-EPA, third-party site. In doing so, EPA is directing you only to the specific content referenced at the time of publication, not to any other content that may appear on the same webpage or elsewhere on the third-party site, or be added at a later date.

EPA is providing this link for informational purposes only. EPA cannot attest to the accuracy of non-EPA information provided by any third-party sites or any other linked site. EPA does not endorse any non-government websites, companies, internet applications or any policies or information expressed therein.

The Next Generation of Enforcement and Compliance

We all want to breathe clean air, drink clean water and ensure our communities are protected from exposure to harmful chemicals. These values have been core to EPA’s mission since Day One back in 1970. Everyday I’m focused on protecting the environment and the health of Americans through a reasonable approach to enforcement – one that holds polluters accountable while making it easier to comply than to violate.

I’m proud of what we’ve achieved in over 40 years, but realize that new challenges compel us to innovate and advance our enforcement and compliance work. In the latest issue of The Environmental Forum, I’ve detailed our strategy to do just that – we call it Next Generation Compliance, or NextGen.

NextGen is both a forward-looking strategy and a program that we’re implementing today. It’s designed to benefit all stakeholders, from regulated entities to residents of overburdened communities. NextGen helps reduce costs and saves time and resources, while improving compliance and the accuracy of monitoring and reporting. Here’s a snapshot of the NextGen elements we’re putting into action now: Continue reading

Editor's Note: The views expressed here are intended to explain EPA policy. They do not change anyone's rights or obligations. You may share this post. However, please do not change the title or the content, or remove EPA’s identity as the author. If you do make substantive changes, please do not attribute the edited title or content to EPA or the author.

EPA's official web site is www.epa.gov. Some links on this page may redirect users from the EPA website to specific content on a non-EPA, third-party site. In doing so, EPA is directing you only to the specific content referenced at the time of publication, not to any other content that may appear on the same webpage or elsewhere on the third-party site, or be added at a later date.

EPA is providing this link for informational purposes only. EPA cannot attest to the accuracy of non-EPA information provided by any third-party sites or any other linked site. EPA does not endorse any non-government websites, companies, internet applications or any policies or information expressed therein.

Three Years Later: EPA Continues to Clean Up Kalamazoo Oil Spill

Three years ago today, EPA responded to one of the largest inland oil spills in U.S. history.  When we arrived on scene, oil from a ruptured pipeline was pouring into the Kalamazoo River – a Great Lakes tributary.

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Site of the 2010 Enbridge oil pipeline spill

At the time of the spill, it was raining hard and oil was carried quickly downstream in the fast-moving river – flowing over dams and flooding riverbanks.

Oil completely covered the surface of the river

Oil completely covered the surface of the river

Continue reading

Editor's Note: The views expressed here are intended to explain EPA policy. They do not change anyone's rights or obligations. You may share this post. However, please do not change the title or the content, or remove EPA’s identity as the author. If you do make substantive changes, please do not attribute the edited title or content to EPA or the author.

EPA's official web site is www.epa.gov. Some links on this page may redirect users from the EPA website to specific content on a non-EPA, third-party site. In doing so, EPA is directing you only to the specific content referenced at the time of publication, not to any other content that may appear on the same webpage or elsewhere on the third-party site, or be added at a later date.

EPA is providing this link for informational purposes only. EPA cannot attest to the accuracy of non-EPA information provided by any third-party sites or any other linked site. EPA does not endorse any non-government websites, companies, internet applications or any policies or information expressed therein.