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National Enforcement Initiatives for Fiscal Years 2008 - 2010:
Resource Conservation and Recovery Act (RCRA): Mineral Processing
Planning Topics
Annual Results Report
For additional civil and criminal compliance and enforcement results, see:
On February 22, 2010, EPA renamed its "National Enforcement Priorities" to "National Enforcement Initiatives" and announced the Agency’s National Enforcement Initiatives for the 2011-2013 fiscal years.
On this page:
- Problem
- Approach
- Key Results
- Highlights
- Transition to the FY 2011-2013 National Enforcement Initiative
Problem
The mineral processing sector and mining sectors cumulatively generate larger volumes of corrosive substances and/or toxic metals than any other industrial sector. Over the past decade, EPA found that many of the facilities that manage these wastes, due either to noncompliance with state or federal environmental requirements or legally permissible waste management practices, have contaminated groundwater, surface water, soil, and sediment. Large-scale mineral processing and mining operations often severely affect water supplies and wildlife and create environmental damage. Many facilities are located in populated areas, making health risks a significant concern for EPA.
Approach
To reduce public exposure to hazardous waste and protect the environment, EPA developed the RCRA Mineral Processing Strategy Summary of 2008 - 2010 (PDF) (2 pp, 19K, About PDF).
The Mineral Processing and Mining national priority strategy aims to achieve maximum compliance with environmental regulations in order to protect human health and the environment. The strategy has a special emphasis on mineral processing facilities that dispose of hazardous wastes in surface impoundments. The object of the strategy is to reduce risks to human health and the environment by achieving increased compliance rates throughout the mineral processing sectors and by ensuring that existing and potential harm is appropriately addressed.
Key Results
| Fiscal Year (FY) |
Estimated Hazardous Waste Treated, Minimized or Properly Disposed (lbs)* |
Estimated Investments in Pollution Control ($)** |
Civil Penalties ($)*** |
|---|---|---|---|
| 2008 | 1,800 million | $220 million | $0.12 million |
| 2009 | 64 million | $1.2 million | $0.15 million |
| 2010 | 12,000 million | $670 million | $1.3 million |
*Estimated hazardous waste treated, minimized or properly disposed is an estimate of the pounds of pollutants reduced, treated, or eliminated during the first year after a facility returns to compliance.
** Estimated investments in pollution control is an estimate of the defendant's cost to comply with consent decrees through the installation of appropriate pollutant controls. The values for FY 2008 through FY 2009 are adjusted for inflation using the U.S. Department of Labor, Bureau of Labor Statistics calculator.
*** Civil Penalties are penalties assessed, not collected. The values for FY 2008 through FY 2009 are also adjusted for inflation using the U.S. Department of Labor, Bureau of Labor Statistics calculator.
Highlights
- In 2010, EPA targeted enforcement actions on improper waste management at phosphoric acid and other mineral processing facilities, reducing an estimated 12,000 million pounds of hazardous waste in the first year after the facilities return to compliance.
- Three of the 18 phosphoric acid facilities are undergoing closure in compliance with state and Federal environmental laws. The remaining 15 phosphoric acid facilities are taking the necessary steps to achieve compliance and reduce environmental risk.
- A groundbreaking mineral processing enforcement case with CF Industries, Inc. that concluded this year will achieve an estimated record 9.9 billion pound pollutant reduction of hazardous waste in the first year after the facility returns to compliance.
- CF Industries agreed to spend $12 million to reduce and properly manage hazardous wastes generated at its Plant City, Florida facility through the installation of pollution control equipment. This settlement resolves the company's Resource Conservation and Recovery Act (RCRA) violations and requires the company to pay a civil penalty of more than $700,000 and provide $163.5 million in financial assurances to guarantee appropriate closure and long-term care of the closed facility
- Reducing hazardous waste, such as acid, arsenic, and chromium, used at this facility protects the surrounding community and local waterways, and in preventing the migration of these pollutants down through the soil into groundwater where these pollutants can contaminate sources of drinking water1
- CF Industries agreed to spend $12 million to reduce and properly manage hazardous wastes generated at its Plant City, Florida facility through the installation of pollution control equipment. This settlement resolves the company's Resource Conservation and Recovery Act (RCRA) violations and requires the company to pay a civil penalty of more than $700,000 and provide $163.5 million in financial assurances to guarantee appropriate closure and long-term care of the closed facility
Transition to the FY 2011-2013 Mineral Processing National Enforcement Initiative
In 2009 EPA's Office of Enforcement and Compliance Assurance (OECA) conducted outreach to other EPA programs, EPA Regions, states and tribal governments, environmental media associations, environmental advocacy and environmental justice groups, and the public to solicit suggestions for OECA's enforcement initiatives for the 2011-2013 fiscal years. There was widespread support for continuing EPA's work on reducing pollution from mineral processing operations. Work under this initiative will continue in 2011-2013 to focus on bringing mineral processing facilities into compliance with the law to protect the environment and nearby communities.
Footnote:
- US Environmental Protection Agency. "CF Industries, Inc. Settlement." Internet.