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EPA's Region 6 Office

Serving: Arkansas, Louisiana, New Mexico, Oklahoma, Texas, and 66 Tribal Nations

2010 Region 6 Compliance and Enforcement Annual Results

Compliance and Enforcement Annual Results
Picture of Region 6 States, New Mexico, Arkansas, Oklahoma, Louisiana, Texas New Mexico Texas Oklahoma Arkansas Louisiana Louisiana Louisiana Texas Texas Texas

Our mission is to promote compliance with Federal environmental regulations in partnership with our States and Tribes. Our vision is to make environmental compliance commonplace and to establish a culture that promotes going beyond compliance through collaboration, innovation and partnership.

We are pleased to provide information on Region 6’s compliance and enforcement efforts for fiscal year 2010 (October 1, 2009 – September 30, 2010). In collaboration with our federal, state, and tribal partners, the EPA Region 6 made significant progress in protecting the environment and public health, and achieving lasting environmental results. After all complying actions for FY2010 are completed; industries, government agencies and other regulated entities will spend nearly $887 million in pollution controls and will dedicate $934 thousand towards environmental projects. As a result all of these efforts, EPA estimates that 83 million pounds of pollutants will be reduced, treated or eliminated; as well as 1.9 billion pounds of hazardous waste treated, minimized, or properly disposed. In addition, EPA assessed over $14 million in civil and stipulated penalties and reached 16,000 regulated entities though compliance assistance efforts throughout the year.

The national program is organized into two major components. The first being the Core program which implements the requirements of 10 environmental laws, encompassing 29 programs. Our primary goal for the Core program is to maintain a credible presence to deter noncompliance, focusing our resources on facilities with the most environmental risk when ever possible. The second area involves the National Program Initiatives, which focus on the most significant environmental problems and human health challenges, which benefits from a national approach. Regional results indicate that our focus on the National Initiatives was well placed, as over 48 percent of the pollutant reductions achieved through the Region’s enforcement actions, as well as over 69 percent of monies invested by facilities to come into compliance, were the result of cases implemented under the National Initiatives. These initiatives include Air Toxics, Prevention of Significant Deterioration and New Source Review, Concentrated Animal Feeding Operations, Municipal Sewer Overflows, Storm Water, Financial Responsibility, Mineral Processing, and Indian Country. Region 6 is actively involved in all of these initiatives with 62 percent of our new referrals to the Department of Justice addressing one or more of these initiatives. We will continue to reap the environmental outcomes in years to come as these referrals move toward conclusion.

EPA's Administrator, Lisa Jackson, and Assistance Administrator for the Office of Enforcement and Compliance Assurance, Cynthia Giles, have set high standards for implementing the Agency’s priorities for EPA, as we Take Action on Climate Change, Improve Air Quality, Assure Safety of Chemicals, Clean Up Our Communities, Protect America’s Waters, and Expand the Conversation on Environmentalism and Working for Environmental Justice. The central role that enforcement and compliance plays in achieving these goals are: 1) enforcement will aggressively go after pollution problems that matter to communities; 2) we will take vigorous civil and criminal enforcement to address serious air and water pollution problems and to protect people from exposure to hazardous chemicals, with special attention to protection of vulnerable communities; and 3) enforcement and compliance work will make a difference every day to people concerned about the health of their communities. We accomplished a lot in FY 2010, and we are ready and eager to continue to meet these challenges in the future.

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Compliance and Enforcement Annual Results
Numbers at a Glance
Region 6

Results Obtained from EPA Civil Enforcement Actions
Estimated Environmental Benefit Commitments:  
  Direct Environmental Benefits  
 
  • Pollution Reduced, Treated or Eliminated (Pounds) (1)
82,798,000
 
  • Hazardous Wastes Treated, Minimized or Properly Disposed Of (Pounds) (1)
1,864,656,000
 
  • Contaminated Soil to be Cleaned Up (Cubic Yards)
79,000
 
  • Contaminated Water to be Cleaned Up (Cubic Yards)
4,241,000
 
  • Stream Miles Protected or Restored (Linear Feet)
20,000
 
  • Wetlands Protected or Restored (Acres)
214
 
  • People Protected by Safe Drinking Water Act Enforcement (# of People)
155,000
Investments in Actions & Equipment to Reduce Pollution & Protect the Environment (Injunctive Relief) $886,811,000
Investments in Projects that Benefit the Environment & Public Health (Supplemental Environmental Projects) $934,000
Civil Penalties Assessed  
  Administrative Penalties Assessed $2,783,000
  Judicial Penalties Assessed $11,109,000
  State/Local Judicial Penalties Asses From Joint Federal-State/Local Enforcement Actions (2) $880,000
  Stipulated Penalties Assessed $208,000
   
Civil Enforcement and Compliance Activities
Referrals of Civil Judicial Enforcement Cases to Department of Justice (DOJ) 27
Supplemental Referrals of Civil Judicial Enforcement Cases to DOJ 4
Civil Judicial Complaints Filed with Court 16
Civil Judicial Enforcement Case Conclusions 12
Administrative Penalty Order Complaints 320
Final Administrative Penalty Orders 265
Administrative Compliance Orders 230
Cases with Supplemental Environmental Projects 9
   
Compliance Monitoring Activities
Inspections/Evaluations 2626
Civil Investigations 32
Number of Regulated Entities Taking Complying Actions as a Direct Results of On-Site EPA Inspections/Evaluations 116
 
Superfund Cleanup Enforcement
Amount Committed by Liable Parties to Clean up Superfund Sites $39,197,000
Amount Committed by Liable Parties to Pay for Government Oversight of Superfund Cleanups $2,701,000
Amount Committed by Liable Parties to Reimburse the Government for Money Spent Cleaning up Superfund Sites $11,813,000
   
Voluntary Disclosure Program
Voluntary Disclosures Initiated (Facilities) 80
Voluntary Disclosures Resolved (Facilities) 118
Voluntary Disclosures Initiated (Companies) 56
Voluntary Disclosures Resolved (Companies) 81
   
Compliance Assistance
Workshops and Training 135
Facility Visits, Re-visits and Ongoing Facility Specific Work 4

Sources for Data displayed for Numbers at a Glance:  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, 2010.

Footnotes:

(1) Projected reductions to be achieved during the one year period after all actions required to attain full compliance have been completed.

(2) This measure reports on penalties assessed in federal civil judicial enforcement cases that are awarded to a state or local government co-plaintiff in the case.

(3) EPA provides assistance using a variety of tools including workshops, facility visits, posting web-based information, responding to specific calls about regulations, etc.

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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 data below shows EPA's activities and achievements.

Caveat - A single enforcement case that addresses facilities located in more than one state will be counted in the total for each state with a facility. The results achieved from this enforcement action will also be counted in each state with a facility.

Region 6, Arkansas

Civil Enforcement
Estimated Environmental Benefits – Commitments to Reduce Pollution & Protect the Environment:  
   Direct Environmental Benefits  
  • Pollution Reduced, Treated or Eliminated (Pounds) (1)
40,680,000
Investments in Actions & Equipment to Reduce Pollution & Protect the Environment (Injunctive Relief) $1,580,000
Civil Penalties Assessed $1,443,000
Civil Enforcement and Compliance Activities
Civil Judicial Enforcement Case Conclusions 1
Final Administrative Penalty Orders 9
Administrative Compliance Orders 11

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Region 6, Louisiana

Civil Enforcement
Estimated Environmental Benefits – Commitments to Reduce Pollution & Protect the Environment:  
   Direct Environmental Benefits  
  • Pollution Reduced, Treated or Eliminated (Pounds) (1)
24,088,000
  • Contaminated Soil to be Cleaned Up (Cubic Yards)
8,500
Investments in Actions & Equipment to Reduce Pollution & Protect the Environment (Injunctive Relief) $304,422,000
Investments in Projects that Benefit the Environment & Public Health (Supplemental Environmental Projects) $250,000
Civil Penalties Assessed $8,209,000
Civil Enforcement and Compliance Activities
Civil Judicial Enforcement Case Conclusions 6
Final Administrative Penalty Orders 34
Administrative Compliance Orders 88

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Region 6, New Mexico

Civil Enforcement
Estimated Environmental Benefits – Commitments to Reduce Pollution & Protect the Environment:  
   Direct Environmental Benefits  
  • Pollution Reduced, Treated or Eliminated (Pounds) (1)
1,455,000
Investments in Actions & Equipment to Reduce Pollution & Protect the Environment (Injunctive Relief) $270,000
Civil Penalties Assessed $100,000
Civil Enforcement and Compliance Activities
Final Administrative Penalty Orders 24
Administrative Compliance Orders 38

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Region 6, Oklahoma

Civil Enforcement
Estimated Environmental Benefits – Commitments to Reduce Pollution & Protect the Environment:  
   Direct Environmental Benefits  
  • Pollution Reduced, Treated or Eliminated (Pounds) (1)
17,390,000
  • Contaminated Soil to be Cleaned Up (Cubic Yards)
2,420
Investments in Actions & Equipment to Reduce Pollution & Protect the Environment (Injunctive Relief) $271,727,000
Investments in Projects that Benefit the Environment & Public Health (Supplemental Environmental Projects) $333,000
Civil Penalties Assessed $5,356,000
Civil Enforcement and Compliance Activities
Civil Judicial Enforcement Case Conclusions 2
Final Administrative Penalty Orders 67
Administrative Compliance Orders 53

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Region 6, Texas

Civil Enforcement
Estimated Environmental Benefits – Commitments to Reduce Pollution & Protect the Environment:  
   Direct Environmental Benefits  
  • Pollution Reduced, Treated or Eliminated (Pounds) (1)
14,801,000
  • Contaminated Soil to be Cleaned Up (Cubic Yards)
67,800
  • Contaminated Water to be Cleaned Up (Cubic Yards)
4,241,150
Investments in Actions & Equipment to Reduce Pollution & Protect the Environment (Injunctive Relief) $450,302,000
Investments in Projects that Benefit the Environment & Public Health (Supplemental Environmental Projects) $850,600
Civil Penalties Assessed $9,253,000
Civil Enforcement and Compliance Activities
Civil Judicial Enforcement Case Conclusions 6
Final Administrative Penalty Orders 128
Administrative Compliance Orders 36

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Footnotes:

Sources for Data displayed for Federal Data Presented State-by-State:  Integrated Compliance Information System (ICIS)

(1) Projected reductions to be achieved during the one year period after all actions required to attain full compliance have been completed.

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Federal Case Highlights Presented State-by-state

Arkansas

Rineco Chemical, of Benton, AR, will invest $1.5 million in physical and non-physical remedies to address the following noncompliance issues: (1) operating thermal treatment and storage units without a permit, (2) failure to notify of waste activity, (3) failure to provide financial assurance, and (4) failure to comply air emission requirements. Rineco will also pay a civil penalty of $1.35 million. As a result of this enforcement action, Rineco has eliminated 4.2 million pounds of hazardous waste emissions from the environment.

Tate and Lyle Ingredients Americas Inc., an ingredient manufacturing company in Van Buren, Arkansas, failed to submit a risk management plan for their regulated substance, propylene oxide. The company is to pay the penalty of $56,837. In addition, the company is to revise its operational procedure regarding the storage of propylene oxide.

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Louisiana

Formosa Plastics Corp., Texas, and Formosa Plastics Corp., Louisiana, will spend more than $10 million on pollution controls to address air, water, and hazardous waste violations at two petrochemical plants in Point Comfort, Texas, and Baton Rouge, Louisiana. The companies also have agreed to pay a civil penalty of $2.8 million to resolve violations under the Clean Air Act (CAA), Clean Water Act (CWA), Resource Conservation and Recovery Act (RCRA) and Emergency Planning and Community Right-to-Know Act (EPCRA). Under the agreement, both the Texas and Louisiana facilities will implement a comprehensive CAA enhanced leak detection and repair program, which goes beyond regulatory requirements by requiring more stringent leak definitions, more frequent monitoring and monitoring and repair of additional chemical manufacturing equipment. The leak prevention practices agreed to in the settlement include an innovative program to replace valves with new “low leak” valve technology, which will significantly reduce the likelihood of future leaks of air pollutants. The enhanced program also includes requirements for periodic audits of the companies’ leak prevention practices to ensure compliance going forward. The enhanced leak detection and repair program will potentially reduce the annual volatile organic compound (VOC) air emissions from the two Formosa facilities by approximately 6,570,000 pounds per year of VOCs, including hazardous air pollutants such as vinyl chloride.

The Mosaic Fertilizer, judicial settlement resolved allegations that Mosaic made modifications to its Uncle Sam, Louisiana facility that increased emissions of sulfur dioxide without first obtaining the required permits and installing required control equipment. The settlement included $30 million in injunctive relief and $2.4 million in civil penalties. The State of Louisiana will receive $600,000 of the civil penalty. Mosaic will install state-of-the-art pollution control equipment at the Louisiana plant to meet new, lower sulfur dioxide limits at it s Uncle Sam facility. In addition, Mosaic agreed that it will permanently cease sulfuric acid production at its Mulberry sulfuric acid plant in Bartow, Fla. It also will not use the emission reduction credits associated with that shut down to enable increased emissions at other facilities. These measures are expected to eliminate more than 7,600 tons of sulfur dioxide annually from the two plants.

Saint-Gobain was the first global settlement in the New Source Review Glass Industry sector, covering 15 facilities nationwide, three of which are in Region 6. As the nation's second largest container glass manufacturer, Saint-Gobain agreed to install pollution control equipment at an estimated cost of $112 million to reduce emissions of nitrogen oxide, sulfur dioxide, and Particulate Matter; accept enforceable emission limits and pay a civil penalty of $2.25 million. The States of Oklahoma and Louisiana will share $200,000 of the civil penalty. Saint-Gobain will also pay $250,000 into a fund established by the Oklahoma Department of Environmental Quality for the purpose of reducing nitrogen oxide emissions in the Tulsa airshed. Emission reductions for Region 6 are estimated to be 1,214 tons per year of nitrogen oxide, 129 tons per year of sulfur dioxide, and 33 tons per year of Particulate Matter.

Plains All American Pipeline has agreed to spend approximately $41 million to upgrade 10,420 miles of crude oil pipeline operated in the United States. The settlement resolves Clean Water Act violations for 10 crude oil spills in Texas, Louisiana, Oklahoma, and Kansas, and requires the company to pay a $3.25 million civil penalty. Between June 2004 and September 2007, more than 273,000 barrels of crude oil were discharged from various pipelines and one tank owned and operated by Plains. The 10 spills ranged in size from 2.5 barrels to 4,500 barrels and most were caused by pipeline corrosion. Plains, based in Houston, must take steps to replace or install corrosion control equipment, perform pipeline inspections, assess the integrity of newly acquired pipelines, improve leak detection practices and capabilities, and provide proper training for personnel. In addition, Plains must ensure that all breakout tanks used to replace or substitute existing tanks that relieve pipeline surges have adequate capacity to contain such surges and are properly located within secondary containment.

St. Martinville municipality of Louisiana, agreed to spend $2.7 million on process changes and pay a civil penalty of $49,956, half of which will go to the state of Louisiana, for violations of the Clean Water Act. This municipality exceeded the permitted effluent limitations by allowing untreated or partially treated wastewater to be discharged into waters of the U.S, and failed to properly operate and maintain its treatment unit and/or collection systems.

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New Mexico

Emergency Administrative Order Issued to Three Mescalero Apache Public Water Systems in New Mexico: Region 6 issued an imminent and substantial endangerment emergency Order to three Mescalero Apache public water systems: the Silver Lake Recreational Area Spring Water System, the Community Spring, and the Bureau of Indian Affairs Spring Water System. The Order was issued to the Tribe in response to findings of a Sanitary Survey conducted by staff of the Region 6 Drinking Water Program back in August 2010. Significant deficiencies were identified within all three spring boxes. Region 6 found that the failure to properly operate and maintain these public drinking water systems resulted in a potential threat to human health. The Order outlines the actions the Tribe must take to restore high quality drinking water from these sources.

Storm Water Enforcement in New Mexico: In recent years, EPA has observed a high rate of noncompliance with the storm water regulations and as a result the storm water sector has been an EPA priority for the past several years. This past year, EPA Region 6 issued a combined total of 46 administrative compliance and penalty enforcement actions in New Mexico for the storm water sector including: 10 for homebuilders; 9 for industrial construction; 25 for industrial non-construction, and 2 for ready-mix sand and gravel. Combined, the New Mexico cases resulted in assessed penalties totaling $38,660, complying actions costs of $246,000, and pollutant reductions of close to 1.4 million pounds. EPA is committed to taking an aggressive approach in reducing pollution in communities, particularly in reducing polluted storm water runoff.

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Oklahoma

Plains All American Pipeline has agreed to spend approximately $41 million to upgrade 10,420 miles of crude oil pipeline operated in the United States. The settlement resolves Clean Water Act violations for 10 crude oil spills in Texas, Louisiana, Oklahoma, and Kansas, and requires the company to pay a $3.25 million civil penalty. Between June 2004 and September 2007, more than 273,000 barrels of crude oil were discharged from various pipelines and one tank owned and operated by Plains. The 10 spills ranged in size from 2.5 barrels to 4,500 barrels and most were caused by pipeline corrosion. Plains, based in Houston, must take steps to replace or install corrosion control equipment, perform pipeline inspections, assess the integrity of newly acquired pipelines, improve leak detection practices and capabilities, and provide proper training for personnel. In addition, Plains must ensure that all breakout tanks used to replace or substitute existing tanks that relieve pipeline surges have adequate capacity to contain such surges and are properly located within secondary containment.

Magellan Pipeline Company has agreed to pay a $418,000 fine in order to resolve violations of the federal Clean “Water Act. On January 5, 2008, approximately 1,075 barrels of gasoline leaked from Magellan’s 12-inch pipeline near Oolagah, Oklahoma. The gasoline reached Four Mile Creek, a tributary of the Verdigris River, which flows into Lake Oolagah. The cause of the pipeline leak was a failed weld at a coupling point.

Lafarge North America, Inc., based in Herndon, Va., and two of its subsidiaries have agreed in a consent decree to install and implement control technologies at an expected cost of up to $170 million to reduce emissions of nitrogen oxide by more than 9,000 tons each year and sulfur dioxide by more than 26,000 tons per year at their cement plants. This is a national settlement addressing facilities in 13 states, including one in Tulsa, Oklahoma. As part of the settlement, Lafarge has agreed to pay a $5 million civil penalty to resolve alleged violations of the Clean Air Act’s new source review regulations. Of the $5 million civil penalty, Lafarge will pay $3.4 million to the United States and $1.7 million to the 13 participating states and agencies. Lafarge has agreed to install the first-ever SCR system at a cement plant in the United States. In addition, Lafarge has also agreed to install seven selective non-catalytic reduction (SNCR) systems at long dry cement kilns. This is among the first application of this technology to this type of kiln in the United States. Lafarge will also install CEMS at all of their cement kilns.

Saint-Gobain was the first global settlement in the New Source Review Glass Industry sector, covering 15 facilities nationwide, three of which are in Region 6. As the nation’s second largest container glass manufacturer, Saint-Gobain agreed to install pollution control equipment at an estimated cost of $112 million to reduce emissions of nitrogen oxide, sulfur dioxide, and Particulate Matter; accept enforceable emission limits and pay a civil penalty of $2.25 million. The States of Oklahoma and Louisiana will share $200,000 of the civil penalty. Saint-Gobain will also pay $250,000 into a fund established by the Oklahoma Department of Environmental Quality for the purpose of reducing nitrogen oxide emissions in the Tulsa airshed. Emission reductions for Region 6 are estimated to be 1,214 tons per year of nitrogen oxide, 129 tons per year of sulfur dioxide, and 33 tons per year of Particulate Matter.

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Texas

Formosa Plastics Corp., Texas, and Formosa Plastics Corp., Louisiana, will spend more than $10 million on pollution controls to address air, water, and hazardous waste violations at two petrochemical plants in Point Comfort, Texas, and Baton Rouge, Louisiana. The companies also have agreed to pay a civil penalty of $2.8 million to resolve violations under the Clean Air Act (CAA), Clean Water Act (CWA), Resource Conservation and Recovery Act (RCRA) and Emergency Planning and Community Right-to-Know Act (EPCRA). Under the agreement, both the Texas and Louisiana facilities will implement a comprehensive CAA enhanced leak detection and repair program, which goes beyond regulatory requirements by requiring more stringent leak definitions, more frequent monitoring and monitoring and repair of additional chemical manufacturing equipment. The leak prevention practices agreed to in the settlement include an innovative program to replace valves with new “low leak” valve technology, which will significantly reduce the likelihood of future leaks of air pollutants. The enhanced program also includes requirements for periodic audits of the companies’ leak prevention practices to ensure compliance going forward. The enhanced leak detection and repair program will potentially reduce the annual volatile organic compound (VOC) air emissions from the two Formosa facilities by approximately 6,570,000 pounds per year of VOCs, including hazardous air pollutants such as vinyl chloride.

ExxonMobile was issued a consent agreement and final order under which the company will spend more than $150 million to close an impoundment and dispose of more than 1.8 billion pounds of illegally stored hazardous waste at a site in Pasadena, Texas. Additionally, there was a penalty of $100,000. This is the first settlement in the nation to be filed under the National Mineral Processing Initiative. ExxonMobile will be responsible for post-closure care at the 509-acre hazardous waste site at the Agrifos Fertilizer facility, including groundwater monitoring for the next 50 year. ExxonMobil illegally commingled hazardous waste with acidic process wastewater stored in the impoundment which is a violation of the Resource Conservation and Recovery Act. The settlement further requires ExxonMobil to dispose of the wastewater via two permitted underground injection control wells at the Agrifos site. Once deep well injection is complete, ExxonMobile must permanently cap both wells, precluding future use of the wells.

Plains All American Pipeline has agreed to spend approximately $41 million to upgrade 10,420 miles of crude oil pipeline operated in the United States. The settlement resolves Clean Water Act violations for 10 crude oil spills in Texas, Louisiana, Oklahoma, and Kansas, and requires the company to pay a $3.25 million civil penalty. Between June 2004 and September 2007, more than 273,000 barrels of crude oil were discharged from various pipelines and one tank owned and operated by Plains. The 10 spills ranged in size from 2.5 barrels to 4,500 barrels and most were caused by pipeline corrosion. Plains, based in Houston, must take steps to replace or install corrosion control equipment, perform pipeline inspections, assess the integrity of newly acquired pipelines, improve leak detection practices and capabilities, and provide proper training for personnel. In addition, Plains must ensure that all breakout tanks used to replace or substitute existing tanks that relieve pipeline surges have adequate capacity to contain such surges and are properly located within secondary containment.

Agrifos was assessed a $535,206 penalty under the nation’s first fertilizer manufacturer case pursuant to Section 313 of EPCRA. In 2008, EPA Headquarters initiated a nation wide evaluation on the compliance of fertilizer manufacturers with respect to EPCRA Section 313, better known as Toxic Release Inventory (TRI) reporting. An in-depth investigation was begun on Agrifos Fertilizer in Pasadena, Texas, and it was discovered that the Agrifos had failed to report for numerous toxic metal compounds which had been disposed of on-site in large piles of phosphogypsum, commonly referred to as "gypstacks." Approximately 1.3 million pounds of toxic metal compounds were not reported to EPA or to the State of Texas from 2004 through and including 2007. Fertilizer manufacturers create large amounts of phosphoric acid in their process of making phosphate fertilizers.

Saint-Gobain was the first global settlement in the New Source Review Glass Industry sector, covering 15 facilities nationwide, three of which are in Region 6. As the nation’s second largest container glass manufacturer, Saint-Gobain agreed to install pollution control equipment at an estimated cost of $112 million to reduce emissions of nitrogen oxide, sulfur dioxide, and Particulate Matter; accept enforceable emission limits and pay a civil penalty of $2.25 million. The States of Oklahoma and Louisiana will share $200,000 of the civil penalty. Saint-Gobain will also pay $250,000 into a fund established by the Oklahoma Department of Environmental Quality for the purpose of reducing nitrogen oxide emissions in the Tulsa airshed. Emission reductions for Region 6 are estimated to be 1,214 tons per year of nitrogen oxide, 129 tons per year of sulfur dioxide, and 33 tons per year of Particulate Matter.

BASF Corporation has agreed under a national Clean Air Act settlement, to reduce the use of refrigerant chemicals that destroy the earth’s stratospheric ozone layer. The company will spend more than an estimated $250,000 to retrofit one refrigeration unit that currently uses such chemicals, replacing them with environmentally-friendly alternatives, and will either retrofit or retire two other units. BASF will also pay a civil penalty of $384,200. Combined, the measures that the company is performing will remove approximately 4,760 pounds of harmful HCFCs from their operations.

Tyler Pipe Company and Manchester Tank & Equipment Company, as part of a settlement with McWane Inc., a national cast iron pipe manufacturer headquartered in Birmingham, Ala., has agreed to pay $4 million to resolve more than 400 violations of federal and state environmental laws. The settlement covers 28 of McWane’s manufacturing facilities in 14 states and also requires the company to perform seven environmental projects valued at $9.1 million. The Region 6 portion of the settlement included $362,850 in penalties and close to $12 million in complying actions costs, resulting in over 2.4 million pounds of pollutant reductions.

The Lyondell bankruptcy involved seven EPA regions. It was primarily a Superfund case; however, there were some other media involved. In Region 6 alone, this case involved multiple Superfund sites/facilities. On the regulatory side, Houston Refining was included based on a Clean Air Act (CAA) case. The settlement included $480,000 for the CAA component, as well as over $13.7 million in Cost Recovery and close to $12 million in complying action value under the Superfund program.

Voluntary Purchasing Groups, Inc. (VPG) of Bonham, Texas, agreed to pay a penalty of $128,300 after the company was found in violation of the Federal Insecticide, Fungicide and Rodenticide Act, also known as FIFRA. According to the complaint, VPG distributed and sold a registered pesticide whose composition was different from its registration, and distributed and sold unregistered and/or misbranded pesticides, including Hi-Yield 5% Malathion Dust, Ferti-Lome Come and Get It! Fire Ant Killer, Hi-Yield Dusting Wettable Sulphur, Ferti-Lome Dormant Spray and Summer Oil Spray, Natural Guard Lawn, Plant & Pet Insect Spray, and Hi-Yield Kill-A-Bug II.

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