Region 8
Serving Colorado, Montana, North Dakota, South Dakota, Utah, Wyoming and 27 Tribal Nations
2008 Region 8 Compliance and Enforcement Annual Results
2009 Annual Results Topics
Civil Enforcement Highlights
Criminal Enforcement Highlights
Compliance Assistance Highlights
Where you live
Federal results by state:
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"This year, EPA’s Region 8 office made significant progress toward improved environmental quality for the citizens of Colorado, Utah, Wyoming, Montana, South Dakota, and North Dakota and the 27 Tribal Nations in our region. Through our enforcement and compliance efforts we leveraged successful agreements with regulated entities that reduce pollution and provide a necessary deterrent against future violations of environmental laws. These actions prevented millions of pounds of pollutants from reaching our air, land, and water and secured millions of dollars in pollution control investments that will protect human health and the environment for many years to come" --Carol Rushin Acting EPA Region 8 Administrator |
- Region 8 Summary
- Regional Numbers at a Glance
- Federal Data presented State-by-State
- Region 8 annual results from previous years
Region 8 Summary
Environmental compliance protects human health and the environment by improving environmental behavior through regulatory and non-regulatory means. EPA works to ensure that governments, businesses and the public meet and exceed federal environmental requirements. In 2009, EPA Region 8 compliance and enforcement activities included compliance assistance, monitoring, and enforcement activities as well as environmental justice initiatives. We also collaborated with states and tribes to define oversight roles, promote effective enforcement strategies, and engage in various compliance assistance and incentive activities.
Environmental Benefits to the Citizens of Region 8
- Over 616,000 people received cleaner drinking water – enough people to fill Coors Baseball Field 12 times
- Over 21million pounds of pollutants were reduced, treated, or eliminated from the environment – equivalent to the weight of 47 Statues of Liberty
- Over 63,000 cubic yards of contaminated soil were cleaned up – enough to fill over 2000 dump trucks
- 12 acres of wetlands were protected or mitigated – equal in size to six professional soccer fields
Environmental Justice
Region 8 initiated several collaborative partnerships to promote healthy communities and protect at-risk populations. In Pueblo, Colorado, for example, 125 school buses were retrofitted to reduce concentrations of in-cabin fine particulate emissions by 56%. Over 1500 radon test kits were distributed in Pueblo to identify and mitigate exposure risk and create potential green job opportunities. A series of community listening sessions resulted in development and implementation of action plans to further protect environmental health.
Region 8 managed approximately $1,000,000 in grants to benefit environmental justice communities by addressing concerns ranging from identification of health risks to identifying mechanisms to reduce, treat or eliminate pollutants to ensure protection of populations or ecosystems.
Tribal
EPA aggressively protected populations that were provided drinking water by Tribal water systems and focused on those with a chronic history of violations. As a result we issued four administrative orders and two emergency administrative orders to Tribal water systems, worked with the U.S. Department of Justice (DOJ) on a civil complaint, referredanother tribal case to DOJ, and settled a penalty against a tribe for drinking water violations.
Enforcement Actions
EPA initiated 93 administrative compliance orders, 101 administrative penalty order complaints, and 104 administrative penalty order conclusions in Region 8. This year, 18 civil judicial referrals were issued to the U.S. Department of Justice including twelve CERCLA referrals - the most in the last five years. Thirteen civil judicial enforcement cases were concluded. Total federal penalties exceeded $4 million.
Injunctive Relief
Regulated entities were compelled to spend over $232 million in pollution control and clean-ups and over $500,000 for supplemental environmental projects in Region 8. Two enforcement actions alone resulted in $71 million in injunctive relief at two major refineries.
Compliance Monitoring
EPA conducted over 1700 inspections in our six state region under all major environmental laws.
Compliance Assistance
EPA provided compliance assistance to over 16,000 regulated entities in Region 8. Most regulated entities receiving direct compliance assistance reported that they improved environmental management practices as a result.
Compliance and Enforcement Annual Results
Numbers at a Glance
Region 8
| Results Obtained from EPA Civil Enforcement Actions | ||
|---|---|---|
| Estimated Environmental Benefit Commitments: | ||
| Direct Environmental Benefits | ||
|
21,477,009 | |
|
63,457 | |
|
5700 | |
|
12 | |
|
616,363 | |
| Investments in Pollution Control and Clean-up (Injunctive Relief) | $232,136,623 | |
| Investments in Environmentally Beneficial Projects (SEPs) | $564,193 | |
| Civil Penalties Assessed | ||
| Administrative Penalties Assessed | $943,443 | |
| Judicial Penalties Assessed | $3,255,565 | |
| EPA Civil Enforcement and Compliance Activities | ||
| Referrals of Civil Judicial Enforcement Cases to Department of Justice (DOJ) | 18 | |
| Civil Judicial Complaints Filed with Court | 19 | |
| Civil Judicial Enforcement Case Conclusions | 13 | |
| Administrative Penalty Order Complaints | 101 | |
| Final Administrative Penalty Orders | 104 | |
| Administrative Compliance Orders | 93 | |
| Cases with SEPs | 8 | |
| EPA Compliance Monitoring Activities | ||
| Inspections/Evaluations | 1735 | |
| Civil Investigations | 3 | |
| Number of Regulated Entities Taking Complying Actions during EPA Inspections/Evaluations | 47 | |
| Number of Regulated Entities Receiving Assistance during EPA Inspections/Evaluations | 1693 | |
| Inspections Conducted by Tribal Inspectors Using Federal Credentials (3) | 36 | |
| 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) | $54,982,070 | |
| Private Party Commitments for Cost Recovery | $5,754,214 | |
| % 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) | 7 | |
| Voluntary Disclosures Resolved (Facilities) | 6 | |
| Voluntary Disclosures Initiated (Companies) | 7 | |
| Voluntary Disclosures Resolved (Companies) | 6 | |
| Notice of Determination (NODs) | 6 | |
| EPA Compliance Assistance | ||
| Total Entities Reached by Compliance Assistance | 16,422 | |
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.
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 8, Colorado
| Results Obtained from EPA Civil Enforcement Actions | |
|---|---|
| Investments in Pollution Control and Clean-up (Injunctive Relief) | $29,085,666 |
| Investments in Environmentally Beneficial Projects (SEPs) | $8925 |
| Civil Penalties Assessed | $630,232 |
| Counts of EPA Civil Enforcement Actions | |
| Civil Judicial Conclusions | 4 |
| Final Administrative Penalty Orders | 34 |
| Administrative Compliance Orders | 9 |
Region 8, Montana
| Results Obtained from EPA Civil Enforcement Actions | |
|---|---|
| Investments in Pollution Control and Clean-up (Injunctive Relief) | $112,745,199 |
| Civil Penalties Assessed | $150,000 |
| Counts of EPA Civil Enforcement Actions | |
| Civil Judicial Conclusions | 1 |
| Final Administrative Penalty Orders | 27 |
| Administrative Compliance Orders | 32 |
Region 8, North Dakota
| Results Obtained from EPA Civil Enforcement Actions | |
|---|---|
| Investments in Pollution Control and Clean-up (Injunctive Relief) | $185,145 |
| Investments in Environmentally Beneficial Projects (SEPs) | $4110 |
| Civil Penalties Assessed | $36,477 |
| Counts of EPA Civil Enforcement Actions | |
| Final Administrative Penalty Orders | 9 |
| Administrative Compliance Orders | 2 |
Region 8, South Dakota
| Results Obtained from EPA Civil Enforcement Actions | |
|---|---|
| Investments in Pollution Control and Clean-up (Injunctive Relief) | $715,507 |
| Civil Penalties Assessed | $193,986 |
| Counts of EPA Civil Enforcement Actions | |
| Civil Judicial Conclusions | 1 |
| Final Administrative Penalty Orders | 15 |
| Administrative Compliance Orders | 2 |
Region 8, Utah
| Results Obtained from EPA Civil Enforcement Actions | |
|---|---|
| Investments in Pollution Control and Clean-up (Injunctive Relief) | $29,763,904 |
| Investments in Environmentally Beneficial Projects (SEPs) | $133,196 |
| Civil Penalties Assessed | $1,500,552 |
| Counts of EPA Civil Enforcement Actions | |
| Civil Judicial Conclusions | 5 |
| Final Administrative Penalty Orders | 7 |
| Administrative Compliance Orders | 17 |
Region 8, Wyoming
| Results Obtained from EPA Civil Enforcement Actions | |
|---|---|
| Investments in Pollution Control and Clean-up (Injunctive Relief) | $87,625,919 |
| Investments in Environmentally Beneficial Projects (SEPs) | $413,100 |
| Civil Penalties Assessed | $1,826,748 |
| Counts of EPA Civil Enforcement Actions | |
| Civil Judicial Conclusions | 4 |
| Final Administrative Penalty Orders | 11 |
| Administrative Compliance Orders | 31 |
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.
(3) In FY 2008, for the first time, OECA is creating a separate reporting category to count the number of tribal inspections conducted by tribal inspections using federal credentials. Inspections conducted by tribal inspectors using federal credentials are done "on behalf' of the Agency, but are not an EPA activity.