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2009 Region 3 Compliance and Enforcement Annual Results
2009 Annual Results Topics
Civil Enforcement Highlights
Criminal Enforcement Highlights
Compliance Assistance Highlights
Where you live
Muddy Stream
EPA's Mid-Atlantic enforcement program achieved very good results to protect the region's air, water, and land in fiscal year 2009. Industries, government agencies and other regulated entities agreed to spend more than $98 million in pollution controls and environmental projects.
Compliance and Enforcement Annual Results
Numbers at a Glance
Region 3
| Civil Enforcement | ||
|---|---|---|
| Estimated Environmental Benefits – Commitments to Reduce Pollution & Protect the Environment: | ||
| Direct Environmental Benefits | ||
|
19,175,094 | |
|
12,653 | |
|
23,600 | |
|
6,122 | |
|
83 | |
|
17.965 | |
| Investments in Actions & Equipment to Reduce Pollution & Protect the Environment (Injunctive Relief) | $97,440,163 | |
| Investments in Projects that Benefit the Environment & Public Health (Supplemental Environmental Projects) | $1,289,429 | |
| Civil Penalties Assessed | ||
| Administrative Penalties Assessed | $3,893,134 | |
| Judicial Penalties Assessed | $5,312,938 | |
| State/Local Judicial Penalties Assessed From Joint Federal-State/Local Enforcement Actions (2) | $4,435,000 | |
| Stipulated Penalties Paid | $688,582 | |
| Civil Enforcement and Compliance Activities | ||
| Referrals of Civil Judicial Enforcement Cases to Department of Justice (DOJ) | 31 | |
| Supplemental Referrals of Civil Judicial Enforcement Cases to DOJ | 8 | |
| Civil Judicial Complaints Filed with Court | 24 | |
| Civil Judicial Enforcement Case Conclusions | 21 | |
| Administrative Penalty Order Complaints | 148 | |
| Final Administrative Penalty Orders | 157 | |
| Administrative Compliance Orders | 85 | |
| Cases with Supplemental Environmental Projects | 9 | |
| EPA Compliance Monitoring Activities | ||
| Inspections/Evaluations | 2,202 | |
| Civil Investigations | 7 | |
| Number of Regulated Entities Taking Complying Actions during EPA Inspections/Evaluations | 1,251 | |
| Superfund Cleanup Enforcement | ||
| Amount Committed by Liable Parties to Clean up Superfund Sites | $18,057,132 | |
| Amount Committed by Liable Parties to Pay for Government Oversight of Superfund Cleanups | $00 | |
| Amount Committed by Liable Parties to Reimburse the Government for Money Spent Cleaning up Superfund Sites | $14,522,702 | |
| Voluntary Disclosures | ||
| Commitments to Reduce, Treat or Eliminate Pollution as a Result of Voluntary Disclosures (pounds) | 11,179,419 | |
| Voluntary Disclosures Initiated (Facilities) | 142 | |
| Voluntary Disclosures Resolved (Facilities) | 69 | |
| Voluntary Disclosures Initiated (Companies) | 40 | |
| Voluntary Disclosures Resolved (Companies) | 37 | |
| EPA Compliance Assistance | ||
| Entities Provided with EPA Compliance Assistance (3) | 15,313 | |
Sources for Data displayed in this document: Integrated Compliance Information System (ICIS), 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, 2009
Footnotes:
- Projected reductions to be achieved during the one year period after all actions required to attain full compliance have been completed.
- This measure generated by a recommendation from the General Accounting Office, requires that EPA now report on penalties assessed in judicial enforcement cases that are awarded to a state/co-plaintiff.
- 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 3, Delaware
| Civil Enforcement | ||
|---|---|---|
| Estimated Environmental Benefits – Commitments to Reduce Pollution & Protect the Environment: | ||
| Direct Environmental Benefits | ||
|
11,151,500 | |
|
0 | |
|
0 | |
| Investments in Actions & Equipment to Reduce Pollution & Protect the Environment (Injunctive Relief) | $24,828,263.00 | |
| Investments in Projects that Benefit the Environment & Public Health (Supplemental Environmental Projects) | $0 | |
| Civil Penalties Assesssed | $548,442.00 | |
| Civil Enforcement and Compliance Activities | ||
| Civil Judicial Enforcement Case Conclusions | 3 | |
| Final Administrative Penalty Orders | 14 | |
| Administrative Compliance Orders | 0 | |
Region 3, District of Columbia
| Civil Enforcement | ||
|---|---|---|
| Estimated Environmental Benefits – Commitments to Reduce Pollution & Protect the Environment: | ||
| Direct Environmental Benefits | ||
|
48,601 | |
|
875 | |
|
0 | |
| Investments in Actions & Equipment to Reduce Pollution & Protect the Environment (Injunctive Relief) | $329,243.00 | |
| Investments in Projects that Benefit the Environment & Public Health (Supplemental Environmental Projects) | $107,608.00 | |
| Civil Penalties Assesssed | $870,052.00 | |
| Civil Enforcement and Compliance Activities | ||
| Civil Judicial Enforcement Case Conclusions | 0 | |
| Final Administrative Penalty Orders | 28 | |
| Administrative Compliance Orders | 2 | |
Region 3, Maryland
| Civil Enforcement | ||
|---|---|---|
| Estimated Environmental Benefits – Commitments to Reduce Pollution & Protect the Environment: | ||
| Direct Environmental Benefits | ||
|
521,623 | |
|
0 | |
|
0 | |
| Investments in Actions & Equipment to Reduce Pollution & Protect the Environment (Injunctive Relief) | $4,922,248.00 | |
| Investments in Projects that Benefit the Environment & Public Health (Supplemental Environmental Projects) | $231,934.00 | |
| Civil Penalties Assesssed | $560,701.00 | |
| Civil Enforcement and Compliance Activities | ||
| Civil Judicial Enforcement Case Conclusions | 2 | |
| Final Administrative Penalty Orders | 36 | |
| Administrative Compliance Orders | 9 | |
Region 3, Pennsylvania
| Civil Enforcement | ||
|---|---|---|
| Estimated Environmental Benefits – Commitments to Reduce Pollution & Protect the Environment: | ||
| Direct Environmental Benefits | ||
|
2,804,447 | |
|
555 | |
|
500 | |
| Investments in Actions & Equipment to Reduce Pollution & Protect the Environment (Injunctive Relief) | $36,665,251.00 | |
| Investments in Projects that Benefit the Environment & Public Health (Supplemental Environmental Projects) | $187,416.00 | |
| Civil Penalties Assesssed | $1,218,152.00 | |
| Civil Enforcement and Compliance Activities | ||
| Civil Judicial Enforcement Case Conclusions | 10 | |
| Final Administrative Penalty Orders | 49 | |
| Administrative Compliance Orders | 59 | |
Region 3, Virginia
| Civil Enforcement | ||
|---|---|---|
| Estimated Environmental Benefits – Commitments to Reduce Pollution & Protect the Environment: | ||
| Direct Environmental Benefits | ||
|
13,144,683 | |
|
8,742 | |
|
23,000 | |
| Investments in Actions & Equipment to Reduce Pollution & Protect the Environment (Injunctive Relief) | $43,330,476.00 | |
| Investments in Projects that Benefit the Environment & Public Health (Supplemental Environmental Projects) | $125,848.00 | |
| Civil Penalties Assesssed | $4,808,059.00 | |
| Civil Enforcement and Compliance Activities | ||
| Civil Judicial Enforcement Case Conclusions | 5 | |
| Final Administrative Penalty Orders | 21 | |
| Administrative Compliance Orders | 5 | |
Region 3, West Virginia
| Civil Enforcement | ||
|---|---|---|
| Estimated Environmental Benefits – Commitments to Reduce Pollution & Protect the Environment: | ||
| Direct Environmental Benefits | ||
|
4,610,649 | |
|
2,480 | |
|
0 | |
| Investments in Actions & Equipment to Reduce Pollution & Protect the Environment (Injunctive Relief) | $15,902,179.00 | |
| Investments in Projects that Benefit the Environment & Public Health (Supplemental Environmental Projects) | $744,231.00 | |
| Civil Penalties Assesssed | $4,950,018.00 | |
| Civil Enforcement and Compliance Activities | ||
| Civil Judicial Enforcement Case Conclusions | 3 | |
| Final Administrative Penalty Orders | 10 | |
| Administrative Compliance Orders | 11 | |
Sources for Data displayed for Federal Data Presented State-by-State: Integrated Compliance Information System (ICIS)
Footnotes:
- Projected reductions to be achieved during the one year period after all actions required to attain full compliance have been completed.
Federal Case Highlights
1. Under the RCRA (hazardous waste and underground storage tank) enforcement program we have taken action at:
- Federal facilities - In FY09, the Region reached administrative settlements with 12 federal facilities in Region 3 regarding violations of RCRA. These cases addressed violations of RCRA hazardous waste regulations (including storage of hazardous waste for greater than 90 days without a permit, failure to determine if a waste was hazardous, and problems with container management) as well as violations of RCRA underground storage tank regulations (including failure to test tanks and lines for evidence of releases, failure to have functioning equipment to prevent spills and overfills, failure to test for or prevent corrosion of metal in contact with soil).
Total penalties for this group of cases was $506,558 cash plus $209,432 worth of supplemental environmental projects. Penalties in the individual cases ranged from $150 to $167,446. Federal facilities, like other regulated entities, are expected to comply with environmental regulations, and EPA will address violations discovered at all regulated entities, including federal agencies, with penalties as appropriate to the violations.
- Facilities geographically located in DC - In FY09, the Region reached 28 administrative settlements regarding violation of RCRA at facilities located in Washington, DC. The majority of these matters involved violations of RCRA underground storage tank regulations, including failure to test tanks and lines for evidence of releases, failure to have functioning equipment to prevent spills and overfills, failure to test for or prevent corrosion of metal in contact with soil, and failure to provide financial assurance.
The RCRA underground storage tank program is preventative in nature, with the focus being testing and monitoring of equipment to prevent leaks, and to be able to identify leaks as soon as they happen, so as to minimize impact to the environment and clean up costs. Total penalties for this group of cases was $807,052 cash plus $107,608 worth of supplemental environmental projects. Penalties in the individual cases ranged from $150 to $247,119.
2. Significant Region 3 water enforcement
- To tackle the aging infrastructure challenge, EPA Region 3 has taken action on several multi-jurisdictional sewer systems. In the case of Allentown, Pa., EPA issued a unilateral action to bring the nearby municipalities to the table to resolve the problem. Hampton Rhodes is also a multi-jurisdictional sewer system that was addressed this year.
- Municipal Separate Storm Sewer Systems (MS4) enforcement allows EPA to work collaboratively with local municipalities. For example, MS4 enforcement requires municipalities to monitor storm water compliance and improve local ordinances. It has also improved our collaboration with Pennsylvania DEP.
MS4 systems discharge sediment, turbidity and nutrients, and cause stream instability - all of which degrade Chesapeake Bay. Stream instability causes loss of aquatic habitat and aquatic organisms, creating a domino effect down to the Bay.