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EPA Region 6 Announces 1999 Enforcement Results

Release Date: 2/2/2000
Contact Information: For more information contact the Office of External Affairs at (214) 665-2200.

     Region 6 of the U.S. Environmental Protection Agency (EPA) had an exceptional year enforcing the nation's environmental laws. Although Region 6 encompasses only one-tenth of the nation's states -- Arkansas, Louisiana, News Mexico, Oklahoma and Texas -- Region 6 issued more than 25 percent of the nation's administrative orders, completed 28 percent of the nation's administrative penalty settlements, and accomplished almost 40 percent of the nation's underground storage tank field citations.

     "Polluters will be held accountable for their actions in Region 6. Anyone who disregards environmental laws and jeopardizes public health will be subject to quick but fair enforcement actions," EPA Regional Administrator Gregg Cooke said.

     Region 6 enforcement resulted in more than $6.7 million in penalties assessed, $261 million in injunctive relief and agreements to allow $2.5 million in supplemental environmental projects in fiscal year 1999.

     "Region 6 states are home to 36 percent of the nation's petroleum refineries. Nationwide, refineries are one of the largest sources of air pollution. We are committed to continuing both voluntary and enforcement efforts in the petroleum sector to ensure that industries and individuals comply with environmental regulations," Cooke said.

     Region 6 improved oil facility compliance in 1999 by combining outreach to the regulated community and administrative penalty actions. We issued 35 administrative penalty actions for oil spills and 95 administrative penalty actions for Spill Prevention Control and Countermeasure violations.

     Region 6 focused compliance efforts on protecting sensitive waterways in Texas and New Mexico from polluted storm water runoff. Auto salvage yards have been identified as a major contributor to water pollution. Auto salvage trade associations were concerned that their members who complied with the regulations suffered by competing with non-compliant businesses.  

     The Region devised a strategy to efficiently ensure that even small businesses comply. We used sales tax databases, salvage license databases and the yellow pages to find businesses operating without permits. We targeted salvage yards in places that drain to impaired watersheds.  Reduced penalties were designed to be less punitive on small businesses that came into compliance.  

     As a result, more than 150 facilities have agreed to prepare and implement a Storm Water Pollution Prevention Plan, thus protecting these threatened waters from oil and other pollutants.

     Region 6 fully participates in a national enforcement initiative to seek out and identify hazardous waste handlers illegally operating without a permit, thus giving them an advantage over legal operations.  Practices like sham recycling where hazardous waste is improperly treated or disposed under the guise of recycling can have serious environmental consequences.

     For example, Encycle/Asarco of Texas improperly managed hazardous waste at its facilities in Montana, Tennessee and Corpus Christi and El Paso, Texas. EPA, in partnership with the state of Texas, resolved the violations at Texas facilities by requiring proper permits, fining the company $5.5 million and agreeing to allow significant supplemental environmental projects in 2000.  

     The injunctive relief consisted of the proper treatment, storage, and disposal of  approximately 500 tons of waste contaminated with lead, cadmium, and arsenic.  Because of this civil action, EPA eliminated the improper processing of an additional 5,000 tons of contaminated waste.  Environmental projects include two recycling projects, a green belt (natural habitat) project and a paving (dust control) project.  

     Another regional initiative addresses accidental releases of hazardous chemicals from companies. Some of these releases can result in fires, explosions or citizen evacuations. Region 6, in partnership with Texas and Louisiana and a select number of companies, initiated a program to examine releases from 1994-1998, identify and analyze their causes, and share results. The initiative will help the industry develop "best practices@ that can be applied throughout many different industries, better protecting human health and the environment.