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
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.
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 | ||
|
82,798,000 | |
|
1,864,656,000 | |
|
79,000 | |
|
4,241,000 | |
|
20,000 | |
|
214 | |
|
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.
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 | |
|
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 |
Region 6, Louisiana
| Civil Enforcement | |
|---|---|
| Estimated Environmental Benefits – Commitments to Reduce Pollution & Protect the Environment: | |
| Direct Environmental Benefits | |
|
24,088,000 |
|
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 |
Region 6, New Mexico
| Civil Enforcement | |
|---|---|
| Estimated Environmental Benefits – Commitments to Reduce Pollution & Protect the Environment: | |
| Direct Environmental Benefits | |
|
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 |
Region 6, Oklahoma
| Civil Enforcement | |
|---|---|
| Estimated Environmental Benefits – Commitments to Reduce Pollution & Protect the Environment: | |
| Direct Environmental Benefits | |
|
17,390,000 |
|
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 |
Region 6, Texas
| Civil Enforcement | |
|---|---|
| Estimated Environmental Benefits – Commitments to Reduce Pollution & Protect the Environment: | |
| Direct Environmental Benefits | |
|
14,801,000 |
|
67,800 |
|
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 |
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.
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.
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.
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.
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.
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.