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PR ENVIRONMENTAL ENFORCEMENT RECORDS SET FOR 1996

Release Date: 02/26/97
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PR ENVIRONMENTAL ENFORCEMENT RECORDS SET FOR 1996

FOR RELEASE: TUESDAY, FEBRUARY 25, 1997

ENVIRONMENTAL ENFORCEMENT RECORDS SET FOR 1996

The latest U.S. Environmental Protection Agency statistics show a record number of criminal enforcement actions taken in 1996 to protect public health and the environment. Also, the amount of criminal fines assessed was more than double the previous record. A record 262 criminal cases were referred by EPA to the Department of Justice in 1996 and $76.7 million in criminal fines were assessed. The combined level of criminal, civil and administrative fines and penalties in 1996 was the highest in EPA history, totaling $173 million. Civil penalties assessed include $66.3 million in judicial and $30 million in administrative.  Total criminal and civil referrals combined were 557 -- the second highest ever.

"Strong enforcement underscores this Administration's commitment to protect our air, our land, our water and our health," said Steven A. Herman, EPA Assistant Administrator for Enforcement and Compliance. "EPA's enforcement efforts were severely hampered in the first part of 1996 due to the government shutdown and congressional funding restrictions. The strong rebound in the second half of the year proves that when given the necessary resources, we will provide the toughest protections possible for the health and environment of the American public."

For the first time ever, the Agency also applied new performance measures designed to reflect the actual impact of enforcement actions on protecting public health and the environment. Among the new findings, polluters agreed to spend some $1.49 billion on correcting violations, cleaning up hazardous waste sites and/or taking additional steps to improve the environment or prevent future problems. Also, according to the new measures, carbon monoxide pollution was reduced by 199.5 million pounds; lead pollution by 16.6 million pounds; volatile organic chemical pollution (a component of smog) by 10.5 million pounds; and particle pollution (soot) by 8.9 million pounds, among others.

EPA continued special efforts to encourage compliance with environmental laws among both large industries and small businesses under its audit policies, which provide incentives to voluntarily detect, disclose and correct violations. During 1996, 43 companies voluntarily disclosed violations at 243 facilities and EPA settled matters with 27 companies at 30 facilities. Since the policy's inception, 105 companies have disclosed violations at more than 350 facilities, and EPA has settled cases with 40 companies and 48 facilities.

EPA also opened compliance assistance centers for the auto service and repair, agriculture and metal finishing industries last year to provide pollution prevention and compliance information.

During 1996 EPA also implemented another round of Superfund Administrative Reforms as part of its commitment to make the Superfund settlement process faster, fairer and more efficient. In order to settle cases with responsible parties more quickly and to limit third party litigation, EPA, under its "De Minimis" policy, settled with over 1,800 small volume contributors at 24 Superfund sites. To prevent the very small parties from being brought into the litigation process, EPA issued its "De Micromis" policy, which is expected to protect thousands of very small parties from litigation. In addition, to get responsible parties to settle with EPA more quickly, the Agency offered to forgive $57.2 million in "orphan share" compensation to cover the costs of cleanup for insolvent and defunct parties. Consent decrees were entered into at seven Superfund sites forgiving $32.2 million.  

                       
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