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2008 Region 4 Compliance and Enforcement Annual Results

FY2008 Annual Results Topics

Federal Data by State
Click on each state to find federal data
Map of EPA Region 4 Alabama Florida Georgia Kentucky Mississippi North Carolina South Carolina Tennessee Alabama
Florida
Georgia
Kentucky
Mississippi
North Carolina
South Carolina
Tennessee

In 2008, EPA Region 4 achieved a record pollutant reduction of more than 1.2 billion pounds through enforcement cases in Alabama, Florida, Georgia, Kentucky, Mississippi, North Carolina, South Carolina and Tennessee, and on tribal lands. Additionally, nearly 4 billion pounds of hazardous waste will be treated, minimized or properly disposed of. This is the highest annual pollutant reduction ever achieved in Region 4.

Enforcement and compliance assurance efforts in Region 4 will result in the investment of over $670 million in pollution control and cleanup. Through these enforcement actions, respondents are required to clean up more than 24 million cubic yards of contaminated soil and water and mitigate over 7,900 feet of stream miles. In addition, respondents have agreed to implement more than $2 million in supplemental environmental projects. More than 2,000 people in Region 4 are receiving cleaner drinking water due to EPAís actions.

Over the past year, EPA Region 4 held 50 workshops and/or training sessions, and along with one-on-one meetings, provided compliance assistance to more than 25,000 entities within the regulated community.

In 2008, the EPA Region 4 Criminal Enforcement Program referred 22 new cases for prosecution. Prosecutors in Region 4 charged 44 companies and individuals with environmental crimes, most of which were felonies. Twenty-eight defendants were convicted of or pled guilty to environmental crimes. Criminal defendants were assessed $1,545,000 in fines and $239,956 in restitution.

 

ECHO Logo Enforcement and Compliance History Online is an information tool that gives direct access to EPA and state compliance information of more than 800,000 regulated facilities nationwide, for facilities regulated under the Clean Air Act, Clean Water Act, and Resource Conservation and Recovery Act. Data reports are updated monthly and cover a two-year period.

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Compliance and Enforcement Annual Results
Numbers at a Glance
Region 4

 

Results Obtained from EPA Civil Enforcement Actions
Estimated Environmental Benefit Commitments:  
  Direct Environmental Benefits  
 
  • Pollution Reduced, Treated or Eliminated (Pounds) (1)
1,212,174,025
 
  • Hazardous Waste Treated or Properly Disposed Of (Pounds)(1)  (2)
3,926,236,493
 
  • Contaminated Soil to be Cleaned Up (Cubic Yards)
2,544,827
 
  • Contaminated Water to be Cleaned Up (Cubic Yards)
22,496,842
 
  • Stream Miles Protected (Linear Feet)
7,955
 
  • Wetlands Protected (Acres)
53
 
  • People Protected by Safe Drinking Water Act Enforcement (# of People)
2,194
Investments in Pollution Control and Clean-up (Injunctive Relief) $619,289,122
Investments in Environmentally Beneficial Projects (SEPs) $2,051,260
Civil Penalties Assessed  
  Administrative Penalties Assessed $4,821,217
  Judicial Penalties Assessed $22,984,576
  Stipulated Penalties Assessed $1,888
   
EPA 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 2
Civil Judicial Complaints Filed with Court 22
Civil Judicial Enforcement Case Conclusions 24
Administrative Penalty Order Complaints 310
Final Administrative Penalty Orders 310
Administrative Compliance Orders 210
Cases with SEPs 36
   
EPA Compliance Monitoring Activities
Inspections/Evaluations 2,377
Civil Investigations 34
Number of Regulated Entities Taking Complying Actions during EPA Inspections/Evaluations 57
Number of Regulated Entities Receiving Assistance during EPA Inspections/Evaluations 656
 
EPA Superfund Cleanup Enforcement
% of Non-Federal Superfund Sites with Viable, Liable Parties where an Enforcement Action was taken Prior to the Start of the Remedial Action 100%
Private Party Commitments for Site Study and Cleanup (including cash outs) $120.1 million
Private Party Commitments for Cost Recovery $29.9 million
% of Cost Recovery Cases Greater than or Equal to $200,000 that were Addressed before the Statute of Limitations Expired 100%
   
EPA Voluntary Disclosure Program
Voluntary Disclosures Initiated (Facilities) 167
Voluntary Disclosures Resolved (Facilities) 107
Voluntary Disclosures Initiated (Companies) 139
Voluntary Disclosures Resolved (Companies) 89
Notices of Determination (NODs) 65
   
EPA Compliance Assistance
Total Entities Reached by Compliance Assistance 25,023

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 11, 2008.

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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. 

Alabama
Florida
Georgia
Kentucky
Mississippi
North Carolina
South Carolina
Tennessee

Map of Region 4 States

Region 4 - ALABAMA

Results Obtained from EPA Civil Enforcement Actions
Direct Environmental Benefits (Including benefits from Environmentally Beneficial Projects (SEPs)):
 
  • Estimated Pollution Reduced, Treated or Eliminated (Pounds) (1)
9,913,671
 
  • Contaminated Soil to be Cleaned Up (Cubic Yards)
12,880
Investments in Pollution Control and Clean-up (Injunctive Relief)
$53,721,617
Investments in Environmentally Beneficial Projects (SEPs)
$593,173
Civil Penalties Assessed
$1,393,391
 
Counts of EPA Civil Enforcement Actions:
Civil Judicial Conclusions
5
Final Administrative Penalty Orders
42
Administrative Compliance Orders
12
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Region 4 - FLORIDA

Results Obtained from EPA Civil Enforcement Actions
Direct Environmental Benefits (Including benefits from Environmentally Beneficial Projects (SEPs)):
 
  • Estimated Pollution Reduced, Treated or Eliminated (Pounds) (1)
677,300,625
 
  • Hazardous Waste Treated or Properly Disposed Of (Pounds)(1)  (2)
292
 
  • Contaminated Soil to be Cleaned Up (Cubic Yards)
2,378,686
 
  • Contaminated Water to be Cleaned Up (Cubic Yards)
18,223,000
Investments in Pollution Control and Clean-up (Injunctive Relief)
$119,848,199
Investments in Environmentally Beneficial Projects (SEPs)
$218,329
Civil Penalties Assessed
$2,320,592
 
Counts of EPA Civil Enforcement Actions:
Civil Judicial Conclusions
9
Final Administrative Penalty Orders
61
Administrative Compliance Orders
106
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Region 4 - GEORGIA

Results Obtained from EPA Civil Enforcement Actions
Direct Environmental Benefits (Including benefits from Environmentally Beneficial Projects (SEPs)):
 
  • Estimated Pollution Reduced, Treated or Eliminated (Pounds) (1)
620,594,302
 
  • Contaminated Soil to be Cleaned Up (Cubic Yards)
878
Investments in Pollution Control and Clean-up (Injunctive Relief)
$16,079,327
Investments in Environmentally Beneficial Projects (SEPs)
$156,166
Civil Penalties Assessed
$2,986,099
 
Counts of EPA Civil Enforcement Actions:
Civil Judicial Conclusions
1
Final Administrative Penalty Orders
45
Administrative Compliance Orders
8
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Region 4 - KENTUCKY

Results Obtained from EPA Civil Enforcement Actions
Direct Environmental Benefits (Including benefits from Environmentally Beneficial Projects (SEPs)):
 
  • Estimated Pollution Reduced, Treated or Eliminated (Pounds) (1)
515,383,272
 
  • Contaminated Soil to be Cleaned Up (Cubic Yards)
26,004
Investments in Pollution Control and Clean-up (Injunctive Relief)
$285,765,923
Investments in Environmentally Beneficial Projects (SEPs)
$168,269
Civil Penalties Assessed
$21,312,227
 
Counts of EPA Civil Enforcement Actions:
Civil Judicial Conclusions
5
Final Administrative Penalty Orders
53
Administrative Compliance Orders
31
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Region 4 - MISSISSIPPI

Results Obtained from EPA Civil Enforcement Actions
Direct Environmental Benefits (Including benefits from Environmentally Beneficial Projects (SEPs)):
 
  • Estimated Pollution Reduced, Treated or Eliminated (Pounds) (1)
11,992,259
 
  • Hazardous Waste Treated or Properly Disposed Of (Pounds)(1)  (2)
3,926,232,000
Investments in Pollution Control and Clean-up (Injunctive Relief)
$57,160,678
Investments in Environmentally Beneficial Projects (SEPs)
$561,937
Civil Penalties Assessed
$2,016,641
 
Counts of EPA Civil Enforcement Actions:
Civil Judicial Conclusions
9
Final Administrative Penalty Orders
22
Administrative Compliance Orders
10
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Region 4 - NORTH CAROLINA

Results Obtained from EPA Civil Enforcement Actions
Direct Environmental Benefits (Including benefits from Environmentally Beneficial Projects (SEPs)):
 
  • Estimated Pollution Reduced, Treated or Eliminated (Pounds) (1)
619,200,934
 
  • Hazardous Waste Treated or Properly Disposed Of (Pounds)(1)  (2)
4,201
 
  • Contaminated Soil to be Cleaned Up (Cubic Yards)
72,743
 
  • Contaminated Water to be Cleaned Up (Cubic Yards)
1,242,266
Investments in Pollution Control and Clean-up (Injunctive Relief)
$30,941,031
Investments in Environmentally Beneficial Projects (SEPs)
$28,497
Civil Penalties Assessed
$2,202,782
 
Counts of EPA Civil Enforcement Actions:
Civil Judicial Conclusions
5
Final Administrative Penalty Orders
53
Administrative Compliance Orders
22
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Region 4 - SOUTH CAROLINA

Results Obtained from EPA Civil Enforcement Actions
Direct Environmental Benefits (Including benefits from Environmentally Beneficial Projects (SEPs)):
 
  • Estimated Pollution Reduced, Treated or Eliminated (Pounds) (1)
616,870,694
 
  • Contaminated Soil to be Cleaned Up (Cubic Yards)
53,630
 
  • Contaminated Water to be Cleaned Up (Cubic Yards)
2,031,576
Investments in Pollution Control and Clean-up (Injunctive Relief)
$24,360,281
Investments in Environmentally Beneficial Projects (SEPs)
$45,364
Civil Penalties Assessed
$2,121,531
 
Counts of EPA Civil Enforcement Actions:
Civil Judicial Conclusions
2
Final Administrative Penalty Orders
30
Administrative Compliance Orders
12
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Region 4 - TENNESSEE

Results Obtained from EPA Civil Enforcement Actions
Direct Environmental Benefits (Including benefits from Environmentally Beneficial Projects (SEPs)):
 
  • Estimated Pollution Reduced, Treated or Eliminated (Pounds) (1)
384,968,721
Investments in Pollution Control and Clean-up (Injunctive Relief)
$53,564,148
Investments in Environmentally Beneficial Projects (SEPs)
$754,526
Civil Penalties Assessed
$3,124,108
 
Counts of EPA Civil Enforcement Actions:
Civil Judicial Conclusions
1
Final Administrative Penalty Orders
55
Administrative Compliance Orders
13
Select another state.

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.

(2) In FY 2008, for the first time, OECA is piloting a new Environmental Benefits outcome reporting category to count pounds of “Hazardous Waste Treated, Minimized or Properly Disposed Of “ from enforcement cases.  OECA has determined that none of the previously established outcome categories are appropriate for counting the environmental benefits obtained from EPA’s hazardous waste cases.   For FY 2008, this new pilot category includes only results from RCRA cases, but, in the future, similar results obtained from enforcement actions under other statutes, particularly CERCLA, may also be included.

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Federal Case Highlights Presented State-by-State

Alabama
Florida
Georgia
Kentucky
Mississippi
North Carolina
South Carolina
Tennessee

Map of Region 4 States

Alabama: U.S. District Court for the Northern District of Alabama Enters Hunt Refining Co. and Hunt Southland Refining Co. Consent Decree: On December 20, 2007, the U.S. District Court for the Northern District of Alabama entered a Clean Air Act Consent Decree naming Hunt Refining and its subsidiary, Hunt Southland Refining Co.  This Consent Decree is a part of the National Petroleum Refinery Initiative (Initiative).  The scope of this settlement covers three of Hunt’s petroleum refineries located in Tuscaloosa, Alabama, and Lumberton and Sandersville, Mississippi.  The Consent Decree addresses all the marquis issues in the Initiative including Leak Detection and Repair; Benzene National Emission Standard for Hazardous Air Pollutants; Prevention of Significant Deterioration/New Source Review; and New Source Performance Standards applicability to sulfur dioxide (SO2) and nitrogen oxide (NOx) emissions from Claus Recovery Plants and Heaters and Boilers and Flares.  Pursuant to the Consent Decree, Hunt will pay a $400,000 penalty, and spend more than $48.5 million in new and upgraded pollution controls at its refineries.  The states of Alabama and Mississippi, as co-plaintiffs in this action, will receive shares of the civil penalty.  Hunt will also spend $475,000 on Supplemental Environmental Projects, to include the implementation of upgrade controls to reduce volatile organic compound emissions from the wastewater system at the Tuscaloosa refinery and the purchase of emergency preparedness equipment for the aid responders in Vicksburg, Mississippi., and Choctaw County, Alabama.  The emission reductions expected at the Hunt refineries include NOx (150 tons per year [tpy]) and SO2 (1,100 tpy).  These pollutants can cause serious respiratory problems and exacerbate cases of childhood asthma.

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Alabama: District Courts Issues Order on Supplemental Settlement and Terminates Consent Decree in the Matter of Koppers Industries, Inc: On May 13, 2008, the U.S. District Court for the Northern District of Alabama issued an “Order on Supplemental Settlement and Termination of Consent Decree,” resolving CWA violations found during self-audits at Koppers’ facilities pursuant to a Consent Decree entered between EPA and Koppers on January 15, 2003.  The Consent Decree allowed the assessment of penalties for violations found during the self-audits, and the Order requires Koppers to pay such penalties as well as penalties for violations outside the scope of the self-audits.  A civil penalty of $500,000 was assessed.

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Alabama: Stormwater cases results in over 688 million pounds of pollution reduced in Region 4 states. In support of EPA’s National Enforcement Priority for Wet Weather/Storm Water, EPA brought actions against developers and homebuilders in AL, GA, FL, KY,  MS, NC, and TN for failure to follow NPDES permit conditions. The NPDES permit conditions that were violated included: failure to properly design, implement or maintain best management practices; failure to maintain records; failure to inspect; and failure to take all reasonable steps to prevent or minimize discharges that may cause harm to the environment.  Four of the Nation’s top home builders, Centex Homes; KB Home; Pulte Homes; and Richmond American Homes were included in these actions.  In addition to paying penalties, the settlements require the companies to develop improved pollution prevention plans for each site, increase site inspections and promptly correct any problems that are detected. The companies must properly train construction managers and contractors, and are required to have trained staff at each construction site. They also must implement a management and internal reporting system to improve oversight of on-the-ground operations and submit annual reports to EPA. Construction projects have a high potential for environmental harm because they disturb large areas of land and significantly increase the potential for erosion. Without onsite pollution controls, sediment-laden runoff from construction sites can flow directly to the nearest waterway and degrade water quality. In addition, storm water can pick up other pollutants, including concrete washout, paint, used oil, pesticides, solvents and other debris. Polluted runoff can harm or kill fish and wildlife and can affect drinking water quality.

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Florida: EPA and the Seminole Tribe of Florida Settle Safe Drinking Water Act Section 1414(g) Administrative Consent Order. On December 21, 2007, EPA and the Seminole Tribe of Florida entered into Administrative Consent Order for violations of the total trihalomethanes (TTHMs) and five haloacetic acids (HAA5) maximum contaminant levels (MCL) at the Hollywood and Brighton water systems.  The Administrative Consent Order imposes a construction schedule to build new water treatment plants at Hollywood and Brighton, to comply with the annual average MCL standard for TTHMs and HAA5, and to submit progress reports.  In addition, the Order requires public notification to persons served by these water systems, as pursuant to 40 CFR Section 141.203(c).  The total capital cost for both water treatment plants was reported to be $49 million.   A progress report submitted in July 2008 indicated the Brighton water treatment plant was at 99% complete, and the Hollywood water treatment plant was at 96% complete.

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Florida: Stormwater cases results in over 688 million pounds of pollution reduced in Region 4 states. In support of EPAís National Enforcement Priority for Wet Weather/Storm Water, EPA brought actions against developers and homebuilders in AL, GA, FL, KY, MS, NC, and TN for failure to follow NPDES permit conditions. The NPDES permit conditions that were violated included: failure to properly design, implement or maintain best management practices; failure to maintain records; failure to inspect; and failure to take all reasonable steps to prevent or minimize discharges that may cause harm to the environment. Four of the Nationís top home builders, Centex Homes; KB Home; Pulte Homes; and Richmond American Homes were included in these actions. In addition to paying penalties, the settlements require the companies to develop improved pollution prevention plans for each site, increase site inspections and promptly correct any problems that are detected. The companies must properly train construction managers and contractors, and are required to have trained staff at each construction site. They also must implement a management and internal reporting system to improve oversight of on-the-ground operations and submit annual reports to EPA. Construction projects have a high potential for environmental harm because they disturb large areas of land and significantly increase the potential for erosion. Without onsite pollution controls, sediment-laden runoff from construction sites can flow directly to the nearest waterway and degrade water quality. In addition, storm water can pick up other pollutants, including concrete washout, paint, used oil, pesticides, solvents and other debris. Polluted runoff can harm or kill fish and wildlife and can affect drinking water quality.

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Florida: Consent Decree Entered for Cleanup at Jacksonville Ash and Brownís Dump Sites in Jacksonville, Florida. The agreement requires the City of Jacksonville to conduct the cleanup of two Superfund Sites located within the City. The estimated cost of the cleanups is $94 million. In addition, the settlement requires the City to reimburse all costs incurred by the U.S. EPA. For roughly fifty years, the City operated a couple of incinerators and a landfill resulting in widespread contamination in and around Jacksonville, Duval County, Florida. The Sites, which are known as the Jacksonville Ash Site (JAS) and the Brownís Dump Site (BDS), are contaminated with incinerator ash, which contains, among other things, metals, arsenic, polyaromatic hydrocarbons and dioxin. The purpose of the cleanup is the prevention of human exposure to contaminated surface soil. The plans require soil excavation at residential properties, schools and parks, and the installation of a two foot layer of clean soil. Excavated soil will be solidified and stabilized in accordance with federal regulations, as needed, prior to off-site disposal at an appropriate landfill. The plans also call for institutional controls to protect human health and the environment. Remediation will also be conducted at streams and creeks, and groundwater will be monitored to ensure protection of public health and the environment.

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Florida: EPA issues order requiring the USAF to investigate contamination at Tyndall Air Force Base located in Panama City, FL. Tyndall Air Force Base is an NPL site where EPA found that there may be an imminent and substantial endangerment at the site due to pesticides, heavy metals, volatile organics and residues from ordnance, jet fuel and oil have been found in groundwater, surface water, soil and sediments at the base. Groundwater is only two to three feet below the surface and is used for drinking. DDT has been found in the sediments in nearby Shoal Bayou which is used for recreational fishing and wading and which has sensitive ecological resources such as fish, shellfish and birds. Because of this endangerment, EPA issued a Resource Conservation and Recovery Act (RCRA) order requiring the Air Force to investigate contamination at the base and take action to clean it up.

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Georgia: Home Depot Clean Water Settlement: Home Depot has agreed to pay a $1.3 million penalty and implement a nationwide compliance program to resolve alleged violations of the Clean Water Act, the Justice Department and Environmental Protection Agency announced February 26, 2008. The settlement resolves alleged violations that were discovered at more than 30 construction sites in 28 states where new Home Depot stores were being built. The Home Depot in Suwannee, Georgia is included in this settlement. The settlement, joined by the state of Colorado, requires that Home Depot implement a comprehensive, corporate-wide program to prevent storm water pollution at each new store it builds nationwide. Home Depot must develop improved pollution prevention plans for each site, increase site inspections and promptly correct any problems at its sites. The company must properly train its construction managers, as well as contractors and their personnel on the federal storm water requirements. Home Depot must also implement a management and internal reporting system to improve oversight of on-the-ground operations and appoint a high-level company official to oversee compliance at all company construction sites.

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Georgia: Stormwater cases results in over 688 million pounds of pollution reduced in Region 4 states. In support of EPAís National Enforcement Priority for Wet Weather/Storm Water, EPA brought actions against developers and homebuilders in AL, GA, FL, KY, MS, NC, and TN for failure to follow NPDES permit conditions. The NPDES permit conditions that were violated included: failure to properly design, implement or maintain best management practices; failure to maintain records; failure to inspect; and failure to take all reasonable steps to prevent or minimize discharges that may cause harm to the environment. Four of the Nationís top home builders, Centex Homes; KB Home; Pulte Homes; and Richmond American Homes were included in these actions. In addition to paying penalties, the settlements require the companies to develop improved pollution prevention plans for each site, increase site inspections and promptly correct any problems that are detected. The companies must properly train construction managers and contractors, and are required to have trained staff at each construction site. They also must implement a management and internal reporting system to improve oversight of on-the-ground operations and submit annual reports to EPA. Construction projects have a high potential for environmental harm because they disturb large areas of land and significantly increase the potential for erosion. Without onsite pollution controls, sediment-laden runoff from construction sites can flow directly to the nearest waterway and degrade water quality. In addition, storm water can pick up other pollutants, including concrete washout, paint, used oil, pesticides, solvents and other debris. Polluted runoff can harm or kill fish and wildlife and can affect drinking water quality.

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Georgia: Region 4 issues administrative orders and files consent agreements and final orders to address violations of the Clean Water Act at two dairies in Montezuma, Georgia: Administrative Orders were issued on August 8, 2008, to Highbrighton Dairy and Barrington Dairy to address violations of the Clean Water Act at concentrated animal feeding operations in Montezuma, Georgia. The violations included: failure to monitor; failure to land apply manure at the agronomic rate; failure to maintain buffers; and failure to operate and maintain all systems of treatment and control. In addition, consent agreements and final orders were filed which assessed civil penalties and required the implementation of Supplemental Environmental Projects.

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Kentucky: East Kentucky Power Cooperative (EKPC) Acid Rain Consent Decree Entered: On December 4, 2007, the U.S. District Court for the Eastern District of Kentucky entered the consent decree between the United States and EKPC, addressing EKPCís alleged violations of the acid rain provisions under title IV of the Clean Air Act (CAA) and the NOx SIP Call program. In 1998, EKPC upgraded the two generators at its William Dale Plant, units 1 and 2, from 22 megawatts to 27 megawatts, which exceeds the 25 megawatt threshold for being required to participate in the acid rain program. The increase in capacity made the units subject to two cap-and-trade programs under the CAA including the acid rain program regulating sulfur dioxide (SO2) and nitrogen oxide (NOx), and the NOx SIP Call program (regulating NOx during the 5-month ozone season). Under these cap and trade programs, EKPC is required to have allowances for each ton of sulfur dioxide and nitrogen oxide emitted, and to purchase credits if emissions exceed allowances. EKPC did not obtain the necessary credits and did not apply for permits as required under title V of the CAA. As a result, thousands of tons of SO2 and NOx were emitted illegally during the years 2001-2005. The consent decree requires EKPC to participate in the acid rain program, to apply for an acid rain permit, to install additional pollution control equipment (low NOx burners) and continuous emissions monitoring equipment, to purchase and retire SO2 and NOx emissions allowances, and to pay a fixed penalty of $11.4 million over 5 years, plus pay additional contingent penalties annually depending on financial performance. The decree will result in the removal of approximately 35,000,000 pounds of SO2 and 9,536,660 pounds of NOx.

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Kentucky: District Court Enters Consent Decree in United States v. Rohm and Haas Chemicals, Limited Liability Corporation: On June 12, 2008, Judge Thomas B. Russell of the Western District of Kentucky entered the Consent Decree in United States v. Rohm and Haas Chemicals, LLC. The Consent Decree resolves alleged violations of the Clean Air Act, Resource Conservation and Recovery Act, Emergency Planning and Community Right-to-Know Act, and the Comprehensive Environmental Response, Compensation and Liability Act, at the Companyís Louisville facility. The alleged violations stemmed from an EPA and National Enforcement Investigations Center inspection at the facility in 2005. As part of the Consent Decree, the company will pay a civil penalty of $35,975 and perform two supplemental environmental projects.

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Kentucky: Stormwater cases results in over 688 million pounds of pollution reduced in Region 4 states. In support of EPAís National Enforcement Priority for Wet Weather/Storm Water, EPA brought actions against developers and homebuilders in AL, GA, FL, KY, MS, NC, and TN for failure to follow NPDES permit conditions. The NPDES permit conditions that were violated included: failure to properly design, implement or maintain best management practices; failure to maintain records; failure to inspect; and failure to take all reasonable steps to prevent or minimize discharges that may cause harm to the environment. Four of the Nationís top home builders, Centex Homes; KB Home; Pulte Homes; and Richmond American Homes were included in these actions. In addition to paying penalties, the settlements require the companies to develop improved pollution prevention plans for each site, increase site inspections and promptly correct any problems that are detected. The companies must properly train construction managers and contractors, and are required to have trained staff at each construction site. They also must implement a management and internal reporting system to improve oversight of on-the-ground operations and submit annual reports to EPA. Construction projects have a high potential for environmental harm because they disturb large areas of land and significantly increase the potential for erosion. Without onsite pollution controls, sediment-laden runoff from construction sites can flow directly to the nearest waterway and degrade water quality. In addition, storm water can pick up other pollutants, including concrete washout, paint, used oil, pesticides, solvents and other debris. Polluted runoff can harm or kill fish and wildlife and can affect drinking water quality.

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Kentucky: EPA Region 4 enters into Three Consent Agreement and Final Orders (CAFO) and One Administrative Compliance Order on Consent with Martin County Coal Company: On September 12, 2008, EPA Region 4 issued three Consent Agreement and Final Orders and one Administrative Compliance Order on Consent with Martin County Coal Company (MCCC) in connection with unpermitted discharges of dredged and/or fill material at three separate coal mine sites in Kentucky. MCCC had applied for CWA Section 404 permits but commenced mining operations before obtaining permits at all three sites, filling several miles of streams. The Region negotiated separate penalty actions for the three sites, assessing penalties of $65,000, $90,000, and $75,000, with the different amounts based on the length and quality of the stream segments impacted. In addition to the combined penalties of $230,000, EPA and MCCC also entered into an Administrative Compliance Order on Consent pursuant to which MCCC will obtain after-the-fact permits for the discharges and provide appropriate mitigation for the impacts.

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Mississippi: Settlement entered with Georgia Gulf Chemicals, Aberdeen, MS: On February 28, 2008, the U. S. District Court of the Northern District of Georgia entered a Consent Decree resolving a civil judicial action with Georgia Gulf Chemicals and Vinyls, LLC (Georgia Gulf) for violations of the Federal Resource Conservation and Recovery Act (RCRA) and Clean Air Act (CAA) at its polyvinyl chloride (PVC) manufacturing facility in Aberdeen, Mississippi. Under the agreement, Georgia Gulf will perform corrective measures that will result in the minimization, treatment or proper disposal of 3,926,232,000 pounds of hazardous waste. This case represents the largest amount of RCRA pollutants reduced in the nation. Georgia Gulf will pay a civil penalty of $610,000 to be split evenly between the United States and the State of Mississippi. Georgia Gulf has also agreed to perform corrective measures at an estimated cost of $2,900,000, including installation of an air stripper to reduce volatile organic compounds (VOCs) by removing vinyl chloride from process wastewater. This is the fifth case concluded under EPA's vinyl chloride initiative, which began in 2002.

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Mississippi: U.S. District Court for the Northern District of Alabama Enters Hunt Refining Co. and Hunt Southland Refining Co. Consent Decree: On December 20, 2007, the U.S. District Court for the Northern District of Alabama entered a Clean Air Act Consent Decree naming Hunt Refining and its subsidiary, Hunt Southland Refining Co. This Consent Decree is a part of the National Petroleum Refinery Initiative (Initiative). The scope of this settlement covers three of Huntís petroleum refineries located in Tuscaloosa, Alabama, and Lumberton and Sandersville, Mississippi. The Consent Decree addresses all the marquis issues in the Initiative including Leak Detection and Repair; Benzene National Emission Standard for Hazardous Air Pollutants; Prevention of Significant Deterioration/New Source Review; and New Source Performance Standards applicability to sulfur dioxide (SO2) and nitrogen oxide (NOx) emissions from Claus Recovery Plants and Heaters and Boilers and Flares. Pursuant to the Consent Decree, Hunt will pay a $400,000 penalty, and spend more than $48.5 million in new and upgraded pollution controls at its refineries. The states of Alabama and Mississippi, as co-plaintiffs in this action, will receive shares of the civil penalty. Hunt will also spend $475,000 on Supplemental Environmental Projects, to include the implementation of upgrade controls to reduce volatile organic compound emissions from the wastewater system at the Tuscaloosa refinery and the purchase of emergency preparedness equipment for the aid responders in Vicksburg, Mississippi., and Choctaw County, Alabama. The emission reductions expected at the Hunt refineries include NOx (150 tons per year [tpy]) and SO2 (1,100 tpy). These pollutants can cause serious respiratory problems and exacerbate cases of childhood asthma.

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Mississippi: Stormwater cases results in over 688 million pounds of pollution reduced in Region 4 states. In support of EPAís National Enforcement Priority for Wet Weather/Storm Water, EPA brought actions against developers and homebuilders in AL, GA, FL, KY, MS, NC, and TN for failure to follow NPDES permit conditions. The NPDES permit conditions that were violated included: failure to properly design, implement or maintain best management practices; failure to maintain records; failure to inspect; and failure to take all reasonable steps to prevent or minimize discharges that may cause harm to the environment. Four of the Nationís top home builders, Centex Homes; KB Home; Pulte Homes; and Richmond American Homes were included in these actions. In addition to paying penalties, the settlements require the companies to develop improved pollution prevention plans for each site, increase site inspections and promptly correct any problems that are detected. The companies must properly train construction managers and contractors, and are required to have trained staff at each construction site. They also must implement a management and internal reporting system to improve oversight of on-the-ground operations and submit annual reports to EPA. Construction projects have a high potential for environmental harm because they disturb large areas of land and significantly increase the potential for erosion. Without onsite pollution controls, sediment-laden runoff from construction sites can flow directly to the nearest waterway and degrade water quality. In addition, storm water can pick up other pollutants, including concrete washout, paint, used oil, pesticides, solvents and other debris. Polluted runoff can harm or kill fish and wildlife and can affect drinking water quality.

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North Carolina: CERCLA Consent Decree Entered for the Gurley Pesticide Burial (Site) in Selma, North Carolina: On February 6, 2008, the U.S. District Court for the Eastern District of North Carolina entered a Consent Judgment in favor of the United States against Cargill Dry Corn Ingredients, Inc. (CDCI) and Exxon Mobil Corporation (Exxon Mobil). The Consent Decree will implement the Remedial Design/Remedial Action (RD/RA) and will reimburse the United States Environmental Protection Agency for approximately $825,000.00 in past response costs spent at the Site. The RD/RA will address both soil and groundwater contamination, and is estimated to cost about $7,200,000.00. Exxon Mobil and CDCI are former owner/operators of the Site.

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North Carolina: Home Depot Clean Water Settlement: Home Depot has agreed to pay a $1.3 million penalty and implement a nationwide compliance program to resolve alleged violations of the Clean Water Act, the Justice Department and Environmental Protection Agency announced February 26, 2008. The settlement resolves alleged violations that were discovered at more than 30 construction sites in 28 states where new Home Depot stores were being built. The Home Depot in Fuquay-Varina, North Carolina is included in this settlement. The settlement, joined by the state of Colorado, requires that Home Depot implement a comprehensive, corporate-wide program to prevent storm water pollution at each new store it builds nationwide. Home Depot must develop improved pollution prevention plans for each site, increase site inspections and promptly correct any problems at its sites. The company must properly train its construction managers, as well as contractors and their personnel on the federal storm water requirements. Home Depot must also implement a management and internal reporting system to improve oversight of on-the-ground operations and appoint a high-level company official to oversee compliance at all company construction sites.

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North Carolina: Stormwater cases results in over 688 million pounds of pollution reduced in Region 4 states. In support of EPAís National Enforcement Priority for Wet Weather/Storm Water, EPA brought actions against developers and homebuilders in AL, GA, FL, KY, MS, NC, and TN for failure to follow NPDES permit conditions. The NPDES permit conditions that were violated included: failure to properly design, implement or maintain best management practices; failure to maintain records; failure to inspect; and failure to take all reasonable steps to prevent or minimize discharges that may cause harm to the environment. Four of the Nationís top home builders, Centex Homes; KB Home; Pulte Homes; and Richmond American Homes were included in these actions. In addition to paying penalties, the settlements require the companies to develop improved pollution prevention plans for each site, increase site inspections and promptly correct any problems that are detected. The companies must properly train construction managers and contractors, and are required to have trained staff at each construction site. They also must implement a management and internal reporting system to improve oversight of on-the-ground operations and submit annual reports to EPA. Construction projects have a high potential for environmental harm because they disturb large areas of land and significantly increase the potential for erosion. Without onsite pollution controls, sediment-laden runoff from construction sites can flow directly to the nearest waterway and degrade water quality. In addition, storm water can pick up other pollutants, including concrete washout, paint, used oil, pesticides, solvents and other debris. Polluted runoff can harm or kill fish and wildlife and can affect drinking water quality.

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South Carolina: Region 4 Executes an Administrative Order for Past Costs at the Starmet Site in Barnwell, Barnwell County South Carolina: On September 15, 2008, EPA executed an Administrative Order to recover past costs at the Starmet Removal Site in Barnwell, South Carolina. This Order resolves all remaining issues at the Site. Under the Order, the U.S. Department of Energy and the U.S. Department of the Army will pay $4,701,729.23, and USEC, a private company, will pay $1,000,000. These costs were associated with an EPA Emergency Response conducted at the Site to address uranium contamination in two waste water ponds.

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South Carolina: EPA Signs Record of Decision (ROD) C-Area Burning and Rubble Pit (CBRP) Operable Unit 31, Savannah River Site June 18, 2008. The Savannah River Site (SRS) is an NPL Site owned and operated by the Department of Energy located on the Savannah River near the town of Aiken SC. Releases of trichloroethylene (TCE) and tetrachloroethylene (PCE) to the environment at CBRP have resulted in a groundwater plume with contaminant concentrations above EPAís maximum contaminant levels. The selected remedy includes the maintenance of the existing soil cover, the operation of a system to remove VOCs, dechlorination, surface water sampling and land use controls and will provide the greatest level of protection to human and ecological receptors in a comparable time frame. Through these actions 2,960,000 cubic yards of contaminated groundwater will be treated. The estimated cost for the Remedial Action is $1,913,000.

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South Carolina: Stormwater cases results in over 688 million pounds of pollution reduced in Region 4 states. In support of EPAís National Enforcement Priority for Wet Weather/Storm Water, EPA brought actions against developers and homebuilders in AL, GA, FL, KY, †MS, NC, and TN for failure to follow NPDES permit conditions. The NPDES permit conditions that were violated included: failure to properly design, implement or maintain best management practices; failure to maintain records; failure to inspect; and failure to take all reasonable steps to prevent or minimize discharges that may cause harm to the environment.† Four of the Nationís top home builders, Centex Homes; KB Home; Pulte Homes; and Richmond American Homes were included in these actions.† In addition to paying penalties, the settlements require the companies to develop improved pollution prevention plans for each site, increase site inspections and promptly correct any problems that are detected. The companies must properly train construction managers and contractors, and are required to have trained staff at each construction site. They also must implement a management and internal reporting system to improve oversight of on-the-ground operations and submit annual reports to EPA. Construction projects have a high potential for environmental harm because they disturb large areas of land and significantly increase the potential for erosion. Without onsite pollution controls, sediment-laden runoff from construction sites can flow directly to the nearest waterway and degrade water quality. In addition, storm water can pick up other pollutants, including concrete washout, paint, used oil, pesticides, solvents and other debris. Polluted runoff can harm or kill fish and wildlife and can affect drinking water quality.

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Tennessee: U.S. District Court for Western District of Texas Enters Premcor Refining Group and The Lima Refining Group CAA Consent Decree: On November 20, 2007, the U.S. District Court for the Western District of Texas entered a Clean Air Act Consent Decree naming Premcor Refining Group, Inc., and the Lima Refining Company (subsidiaries of Valero Energy Company [Valero]) as Defendants. The Consent Decree covers Valeroís three most recently acquired refineries located in Memphis, Tennessee; Lima, Ohio and Port Arthur, Texas. The Consent Decree addresses the National Emission Standards for Hazardous Air Pollutants for Benzene Waste Operations; Prevention of Significant Deterioration/New Source Review; New Source Performance Standards applicability to sulfur dioxide (SO2) and nitrogen oxide (NOx) emissions from Claus Sulfur Recovery Plants, Heaters and Boilers, and Flares; Leak Detection and Repair Standards; and the Comprehensive Environmental Response, Compensation, and Liability Act/ Emergency Planning and Community Right-To-Know Act. Pursuant to the Consent Decree, the Defendants will pay an aggregate of $4,250,000, as follows: (i) $2,750,000 to the U.S.; (ii) $800,000 to the State of Ohio; and (iii) $700,000 to Memphis Shelby County Health Department (MSCHD). In addition, the Defendants will spend $4,250,000 to perform various Supplemental Environmental Projects including a Memphis Wastewater Treatment H2S Reduction Project, City of Memphis Ozone reduction Project and Port of Memphis Emission Reduction Project. In addition, MSCHD has allocated $150,000 of their awarded penalty portion to establish an EJ grant to benefit citizens in that area. Overall, approximately $232 million will be spent on new and upgraded pollution controls at the three refineries. Implementation of these controls will result in the overall reduction of annual emissions of NOx by more than 1,870 tons and SO2 by more than 1,810 tons per year (tpy). The reductions expected at the Memphis Refinery include 319 tpy of NOx, 3 tpy of PM, and 5 tpy of carbon monoxide. These pollutants can cause serious respiratory problems and exacerbate cases of childhood asthma.

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Tennessee: Stormwater cases results in over 688 million pounds of pollution reduced in Region 4 states. In support of EPAís National Enforcement Priority for Wet Weather/Storm Water, EPA brought actions against developers and homebuilders in AL, GA, FL, KY, MS, NC, and TN for failure to follow NPDES permit conditions. The NPDES permit conditions that were violated included: failure to properly design, implement or maintain best management practices; failure to maintain records; failure to inspect; and failure to take all reasonable steps to prevent or minimize discharges that may cause harm to the environment. Four of the Nationís top home builders, Centex Homes; KB Home; Pulte Homes; and Richmond American Homes were included in these actions. In addition to paying penalties, the settlements require the companies to develop improved pollution prevention plans for each site, increase site inspections and promptly correct any problems that are detected. The companies must properly train construction managers and contractors, and are required to have trained staff at each construction site. They also must implement a management and internal reporting system to improve oversight of on-the-ground operations and submit annual reports to EPA. Construction projects have a high potential for environmental harm because they disturb large areas of land and significantly increase the potential for erosion. Without onsite pollution controls, sediment-laden runoff from construction sites can flow directly to the nearest waterway and degrade water quality. In addition, storm water can pick up other pollutants, including concrete washout, paint, used oil, pesticides, solvents and other debris. Polluted runoff can harm or kill fish and wildlife and can affect drinking water quality.

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Tennessee: Region 4 Enters Settlement Agreement for recovering costs for cleanup at the Smalley-Piper Superfund site in Shelby County, Tennessee. On April 8, 2008, an agreement was reached between EPA Region 4, the Estate of Paul P. Piper, Sr., Trustees and Settling Parties resolving their potential liability at the Site under the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA), as amended. Under the terms of the Settlement Agreement, the Settling Parties shall pay amounts based on their limited ability to pay in resolution of costs incurred and to be incurred at the Site by EPA. This settlement addresses the recovery of all past costs incurred for response activities taken and a portion of response costs to be incurred in connection with the release or threatened release of hazardous substances at the Site.

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For information about the contents of this page please contact Becky Hendrix


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