Region 8
2010 Region 8 Compliance and Enforcement Annual Results
Compliance and Enforcement Annual Results
On this page
- Region 8 Summary
- Regional Numbers at a Glance
- Federal Data presented State-by-State
- Federal Case Highlights by State
- Region 8 Annual Results From Previous Years
Federal results by state
EPA’s enforcement priorities include protecting air and water resources from pollution from energy production sources. On Indian country in Colorado and Utah, EPA recently concluded five Clean Air Act settlements with oil and gas companies to secure compliance and reduce ozone-forming emissions. As a result, air pollutants were reduced by 1,081 tons per year. Companies paid more than $800,000 in penalties and invested an additional $7.2 million in measures to reduce emissions. These settlements conserve 118 million cubic feet of gas annually, enough to heat 1,300 homes. From a climate change perspective, emissions reductions are equivalent to taking nearly 9,000 cars off the road or planting almost 11,000 acres of trees.
Region 8 Summary
EPA Region 8 strives to protect human health and the environment by assuring that government, business and the public meet federal environmental requirements. In 2010, EPA Region 8 compliance and enforcement activities included compliance assistance, monitoring, and enforcement activities as well as environmental justice initiatives. We collaborate with states and tribes to define oversight roles, promote effective enforcement strategies, and engage in various compliance assistance and incentive activities. Our concluded cases achieved over 4.6 million pounds of pollutants reduced, treated or eliminated from the environment, and we collected over $31.5 million in total injunctive relief and Supplemental Environmental Projects. In our region, approximately 1.3 million people were notified of drinking water violations at public water systems as a result of EPA enforcement actions. EPA obtained court approval for one of the biggest national Superfund bankruptcy cash out settlements in the history of the Agency along with settlement of one of the biggest national Superfund clean-up actions on record for contaminated mining sites in our region and others across the country.
Environmental Justice
Environmental Justice (EJ) and the protection of disproportionately impacted low-income and minority populations are among EPA Region 8's highest priorities. Regional Administrator Jim Martin demonstrated his focus on environmental justice by leading two EJ listening sessions in 2010 with stakeholders in Pueblo, Colorado. During the year, the Regional Office managed over $1.2 million in grant monies provided to communities with environmental justice concerns to address issues ranging from identification of health risks to identifying mechanisms to reduce, treat or eliminate pollutants. EPA Region 8 established partnerships with state and local government, non-profits and community groups in Utah to launch a two-year Children’s Environmental Health/Environmental Justice Initiative in nine westside Salt Lake City neighborhoods to help achieve a more holistic, integrated approach to children’s environmental health that is sustainable in the community and replicable for other communities. EPA also partnered with the State of Colorado and several school districts to retrofit 836 diesel school buses to reduce concentrations of in-cabin particulate emissions by 56 percent. More than 50,000 children are breathing cleaner air when traveling to and from school as a result of these retrofits. Environmental Justice is also a key focus for the ongoing partnership between EPA, Department of Housing and Urban Development, and Department of Transportation. These agencies seek to assure that housing and transportation goals are met while simultaneously protecting the environment.
Tribal
EPA Region 8 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 nine administrative compliance orders were issued. On Indian country in Colorado and Utah, EPA concluded five Clean Air Act settlement agreements with oil and gas companies, reducing criteria pollutants by 1,081 tons per year.
Enforcement Actions
EPA Region 8 initiated 89 administrative compliance orders, 97 administrative penalty order complaints, and 84 administrative penalty order conclusions. Total federal penalties exceeded $2.8 million.
Injunctive Relief
Regulated entities were compelled to spend over $31.5 million in pollution control, clean-ups, and supplemental environmental projects.
Compliance Monitoring
EPA Region 8 conducted over 1,700 inspections in our six state region under all major environmental laws.
Referrals
EPA Region 8 issued 18 civil referrals to the U.S. Department of Justice. Ten civil judicial settlements were concluded.
Compliance Assistance
Compliance assistance was provided to 2,700 regulated entities in Region 8. Most regulated entities receiving direct compliance assistance from EPA Region 8 reported that they improved environmental management practices as a result.
Compliance and Enforcement Annual Results
Region 8 Numbers at a Glance
| Results Obtained from EPA Civil Enforcement Actions | ||
|---|---|---|
| Estimated Environmental Benefit Commitments: | ||
| Direct Environmental Benefits | ||
|
4,656,111 | |
|
13 | |
|
410,678 | |
| Investments in Pollution Control and Clean-up (Injunctive Relief) | $30,305,837 | |
| Investments in Environmentally Beneficial Projects (SEPs) | $1,233,064 | |
| Civil Penalties Assessed | ||
| Administrative Penalties Assessed | $1,823,178 | |
| Judicial Penalties Assessed | $1,049,387 | |
| EPA Civil Enforcement and Compliance Activities | ||
| Referrals of Civil Judicial Enforcement Cases to Department of Justice (DOJ) | 18 | |
| Civil Judicial Complaints Filed with Court | 7 | |
| Civil Judicial Enforcement Case Conclusions | 10 | |
| Administrative Penalty Order Complaints | 97 | |
| Final Administrative Penalty Orders | 84 | |
| Administrative Compliance Orders | 89 | |
| Cases with SEPs | 4 | |
| EPA Compliance Monitoring Activities | ||
| Inspections/Evaluations | 1725 | |
| Civil Investigations | 12 | |
| Number of Regulated Entities Taking Complying Actions during EPA Inspections/Evaluations | 30 | |
| Number of Regulated Entities Receiving Assistance during EPA Inspections/Evaluations | 781 | |
| Inspections Conducted by Tribal Inspectors Using Federal Credentials (2) | 68 | |
| 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) | $16,033,000 | |
| Private Party Commitments for Cost Recovery | $15,176,356 | |
| % 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) | 32 | |
| Voluntary Disclosures Resolved (Facilities) | 6 | |
| Voluntary Disclosures Initiated (Companies) | 12 | |
| Voluntary Disclosures Resolved (Companies) | 6 | |
| Notice of Determination (NODs) | 5 | |
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 14, 2010.
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.
Colorado | Montana | North Dakota | South Dakota | Utah | Wyoming
Region 8, Colorado
| Results Obtained from EPA Civil Enforcement Actions | |
|---|---|
| Investments in Pollution Control and Clean-up (Injunctive Relief) | $1,014,179 |
| Civil Penalties Assessed | $305,205 |
| Counts of EPA Civil Enforcement Actions | |
| Civil Judicial Conclusions | 1 |
| Final Administrative Penalty Orders | 33 |
| Administrative Compliance Orders | 12 |
Region 8, Montana
| Results Obtained from EPA Civil Enforcement Actions | |
|---|---|
| Investments in Pollution Control and Clean-up (Injunctive Relief) | $14,584,395 |
| Investments in Environmentally Beneficial Projects (SEPs) | $28,125 |
| Civil Penalties Assessed | $68,371 |
| Counts of EPA Civil Enforcement Actions | |
| Final Administrative Penalty Orders | 10 |
| Administrative Compliance Orders | 24 |
Region 8, North Dakota
| Results Obtained from EPA Civil Enforcement Actions | |
|---|---|
| Investments in Pollution Control and Clean-up (Injunctive Relief) | $256,525 |
| Civil Penalties Assessed | $101,690 |
| Counts of EPA Civil Enforcement Actions | |
| Final Administrative Penalty Orders | 10 |
| Administrative Compliance Orders | 5 |
| Civil Judicial Conclusions | 1 |
Region 8, South Dakota
| Results Obtained from EPA Civil Enforcement Actions | |
|---|---|
| Investments in Pollution Control and Clean-up (Injunctive Relief) | $21,061 |
| Civil Penalties Assessed | $7,140 |
| Counts of EPA Civil Enforcement Actions | |
| Civil Judicial Conclusions | 5 |
| Final Administrative Penalty Orders | 8 |
| Administrative Compliance Orders | 4 |
Region 8, Utah
| Results Obtained from EPA Civil Enforcement Actions | |
|---|---|
| Investments in Pollution Control and Clean-up (Injunctive Relief) | $10,751,467 |
| Investments in Environmentally Beneficial Projects (SEPs) | $1,200,000 |
| Civil Penalties Assessed | $900,037 |
| Counts of EPA Civil Enforcement Actions | |
| Civil Judicial Conclusions | 2 |
| Final Administrative Penalty Orders | 6 |
| Administrative Compliance Orders | 11 |
Region 8, Wyoming
| Results Obtained from EPA Civil Enforcement Actions | |
|---|---|
| Investments in Pollution Control and Clean-up (Injunctive Relief) | $2,292,760 |
| Civil Penalties Assessed | $1,053,585 |
| Counts of EPA Civil Enforcement Actions | |
| Civil Judicial Conclusions | 1 |
| Final Administrative Penalty Orders | 11 |
| Administrative Compliance Orders | 32 |
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, OECA created a separate reporting category to count the number of tribal inspections conducted by tribal inspectors using federal credentials. Inspections conducted by tribal inspectors using federal credentials are done "on behalf" of the Agency, but are not an EPA activity.
Federal Case Highlights by State
Colorado | Montana | North Dakota | South Dakota | Utah | Wyoming
Colorado
BP America: On December 29, 2009, EPA settled a Clean Air Act case with BP. The complaint alleged six violations of Clean Air Act permits from four of BP’s compressor stations located on the Southern Ute Indian Reservation in Colorado. The alleged violations included failure to provide prior notice of an engine change-out and four reporting violations involving monitoring data. In the agreement, the parties agreed to a penalty of more than $81,000.
Bucklen Equipment Company, Inc.: On December 1, 2009, EPA announced an agreement with Bucklen Equipment Company, Inc. resolving alleged violations of the Clean Water Act in Weld County, Colorado. These violations include unauthorized discharges of pollutants to the Cache la Poudre River and its adjacent wetlands within the City of Greeley. Under the agreement, the company will pay a penalty of $16,000 and will remove any remaining gravel piles from wetlands along the river. The rivers, streams and wetlands along the Cache la Poudre River are important for local and migratory birds and wildlife, water storage and retention, water quality enhancement, flood control and aesthetics. Sediment from construction activities is a major water quality issue and can have a negative impact on aquatic life. Based on the results on an inspection in the summer of 2010, EPA has determined that required restoration actions have been completed.
Press release about the Bucklen Equipment Company enforcement action.
ConocoPhillips Company: On February 4, 2010, EPA announced a Clean Air Act settlement in which ConocoPhillips Company agreed to install pollution control equipment and implement other emission reduction practices that will reduce harmful emissions and conserve natural gas at their Argent and Sunnyside Compressor Stations and some wellsite facilities, located on the Southern Ute Indian Reservation near Ignacio, Colorado. The agreement requires the company to pay $175,000 in civil penalties. It also mandates air pollution reduction and conservation practices at the compressor stations and associated well heads leading to the facilities. The control measures and operational improvements are expected to reduce air pollution emissions, including hazardous air pollutants, by more than 500 tons annually (of which approximately 300 tons are methane). These actions will reduce greenhouse gas emissions equivalent to taking more than 1,100 cars off the road each year and conserve enough natural gas to heat approximately 220 homes annually.
Press release about the ConocoPhillips Clean Air Act enforcement action.
Telluride Resort and Spa: On September 30, 2010, EPA filed an agreement to settle alleged violations of the Clean Water Act by Telluride Resort and Spa, LLC. EPA alleges that the company discharged 1,300 gallons of diesel fuel into a nearby wetland, storm sewer and creeks that are tributaries to the San Miguel River, and illegally discharged a dispersant without a permit. The company agreed to pay a penalty of $28,000.
Montana
Avista Corporation: On February 17, 2010, EPA and Avista Utilities, Inc., agreed to resolve violations of the Oil Pollution Act alleged in a complaint filed on September 30, 2009. The complaint alleged that in February 2009 Avista had discharged mineral oil in potentially harmful quantities into the Clark Fork River from its Noxon Rapids Hydroelectric Development Facility in Sanders County, Montana. EPA also cited Avista for failing to properly prepare and implement a Spill Prevention, Control, and Countermeasure plan for the facility as required by the oil pollution prevention regulations for a duration of three months. The settlement included a civil penalty of $7,500. Avista also agreed to perform a Supplemental Environmental Project (SEP) at a minimum cost of $28,125 requiring the company to purchase and maintain a spill response trailer for local emergency responders in the lower Clark Fork watershed. Avista outfitted the trailer with booms, anchors, tools, rope, drum liners, safety equipment, first aid equipment, and additional materials. This SEP advances the objective of the Oil Pollution Act by minimizing the impact of oil and hazardous substances spills into the Clark Fork River and reducing the adverse impact to public health or the environment caused by future discharges.
Bitterroot Gateway Mobile Home and RV Park, LLC: On January 27, 2010, EPA filed an administrative compliance order alleging violations of the Safe Drinking Water Act and the National Primary Drinking Water Regulations at the Bitterroot Gateway Mobile Home Park public water system in Missoula County, Montana. The order cites the water system owner and operator, Bitterroot Gateway MH and RV Park, LLC, for failing to monitor the water at every entry point to the distribution system for a number of potential contaminants including radium, nitrate, inorganic contaminants and volatile organic contaminants. The order also cites the operator for failing to notify the public and the state of the violations. EPA sent Bitterroot Gateway MH and RV Park an Administrative Order Violation letter on September 13, 2010, based on violations of the January order.
Northern Cheyenne Utility Commission:On January 14, 2010, EPA issued an Emergency Administrative Order to the Northern Cheyenne Utility Commission in accordance with the Safe Drinking Water Act, based on a potential imminent and substantial endangerment to public health. The Birney and Muddy Cluster Public Water Systems, located in Rosebud County, Montana, lost pressure in their distribution systems, which could have caused contaminated water to be delivered of area residents.
Pretty Eagle School: On April 22, 2010, EPA filed a combined complaint and consent agreement with the St. Labre Indian School Educational Association and the Roman Catholic Bishop of Great Falls resolving surface water discharge permit violations at the non-tribally owned and operated Pretty Eagle School in St. Xavier, Montana. The school is located within the exterior boundaries of the Crow Indian Reservation. The alleged permit violations included failing to submit timely discharge monitoring reports and failing to conduct and/or maintain inspection reports for the wastewater lagoon facility. The settlement included a civil penalty of $12,595. EPA is working with Pretty Eagle School and other wastewater facility operators throughout the Crow Indian Reservation to improve compliance with environmental laws.
North Dakota
Charleswood, Inc.: On October 21, 2009, EPA settled a lawsuit against Charleswood, Inc., a developer in Fargo, North Dakota. In this case, EPA alleged violations of storm water discharge permits during construction of a 480-acre residential development in West Fargo. The agreement sets forth a plan for the company to ensure that builders at the Charleswood development comply with storm water requirements in the future. It also requires that Charleswood pay a civil penalty of $37,500.
Meridian Commercial Construction: On January 19, 2010, EPA settled a penalty action against Meridian Commercial Construction, LLC. The company allegedly violated the Clean Water Act by discharging storm water from a construction site in Fargo, North Dakota, without a permit, failing to apply for a permit, and after obtaining a permit, failing to meet the permit’s requirement to develop a complete storm water pollution protection plan. Meridian agreed to pay an administrative penalty of $27,500.
South Dakota
Gilt Edge Mine Site: The United States District Court for the District of South Dakota entered five consent decrees involving seven property owners of lands included within the Gilt Edge Mine Site. On February 8, 2010, the Court entered consent decrees with Commonwealth Mining Company and CEGA Services, Inc. and on September 27, 2010, the Court entered consent decrees with Patricia Repke, the Ruth E. Hankins Revocable Trust, Jeraldine Fahrni, and Chester Borsch. To satisfy liabilities associated with contamination on their respective properties, each of these defendants agreed to transfer all of their land within the site boundaries to the State of South Dakota and to assign to EPA all potential rights to insurance proceeds. In addition, Commonwealth will market and sell all other real property to which it holds title. The Gilt Edge Mine Site is located in the Black Hills of South Dakota, and is comprised of approximately 1,229 acres of land, including a former open pit and cyanide heap-leach gold mine.
Utah
ATK Launch Systems, Inc.: On November 17, 2009, EPA finalized an agreement with ATK that required the company to perform work at the Highway 89 Storage Units Site located in Box Elder and Weber Counties, Utah. The Site consisted of a residence in Ogden, and several units at public storage facilities in Perry and Willard, Utah. EPA began the removal action after being advised by local authorities that numerous drums and containers of rocket propellant and other related chemicals were being stored by a former employee of ATK's predecessor, Morton-Thiokol, at his home, and in the Perry and Willard storage units. Over the next four weeks, EPA contractors inventoried and categorized the drums and miscellaneous containers of chemicals found at the sites, most of which had been acquired by the former employee from ATK as surplus. Local bomb squads were called several times to detonate unstable materials off-site. Over 16,000 individual containers were inventoried and characterized. The agreement required ATK to expeditiously arrange for off-site transportation and disposal of all waste materials, including materials that had not originated with Morton-Thiokol. ATK completed the work on December 17, 2009. The former employee acquired the chemicals over several years, and had intended to use them to manufacture model rocket engines.
Bill Barrett Corporation and Wind River Resources Corporation; XTO Energy Inc. and Dominion Exploration and Production Inc.: EPA settled two Clean Air Act cases with natural gas producers on the Uintah and Ouray Indian Reservation in Utah. The settlements are with Bill Barrett Corporation and Wind River Resources Corporation, and XTO Energy Inc. and Dominion Exploration and Production Inc. The agreements require the companies to reduce air pollution and implement conservation practices at their natural gas compressor stations and some wellsite facilities in Utah’s Uinta Basin. The companies allegedly violated several provisions of the Clean Air Act, including emission standards for hazardous air pollutants and federal permitting, emissions monitoring and reporting requirements. In addition to $6,372,000 in retrofits and upgrades to implement pollution control equipment, the agreements require the companies to pay $490,000 in civil penalties and to spend $200,000 on supplemental environmental projects. EPA estimates that the companies’ investments in technology will reduce greenhouse gas emissions equivalent to taking more than 7,600 cars off the road each year. The natural gas conserved will heat approximately 1,080 homes annually.
Eureka Mills Superfund Site: EPA settled with Mueller Industries, Inc., obligating the company to reimburse EPA and the State of Utah $2.5 million for clean-up costs at the company’s site in Juab County, Utah. Mueller’s predecessor, Sharon Steel, purchased the assets and assumed the liabilities of a major mining company that operated at Eureka from the mid-1800s to the mid-1900s. Mining activities distributed mine waste on residential properties in Eureka mainly through wind and water transport. EPA has determined that lead is the primary contaminant based on current and future health risks. During 2001 and 2002, EPA conducted emergency removal action work that cleaned up 72 residential properties where contaminated soils with elevated lead levels were determined to pose the highest risk to children. In 2003, EPA completed the long-term cleanup work plan and began work that same year. To date, more than 450 residential cleanups have been completed at the site. EPA also remediated a number of mine waste piles.
Polidori Corporation, Inc. and Poli-Gold, LLC: On September 21, 2010: EPA announced a compliance order issued to the Polidori Corporation, Inc. (PCI) and Poli-Gold, LLC (Poli-Gold) for alleged violations of the Clean Water Act at Panguitch Lake in Garfield County, Utah. EPA alleges that PCI and Poli-Gold discharged dredged or fill material without the proper permits to approximately 7.5 acres of the lake and adjacent wetlands during the construction of a marina and RV park. The Clean Water Act requires companies to secure appropriate permits when their actions may impact surface waters and wetlands, in order to protect water resources and the functions they provide. EPA’s order requires PCI and Poli-Gold to remove and/or mitigate discharged material. Where material is removed, impacted areas must be restored to pre-impact conditions and grade. Panguitch Lake and its adjacent wetlands provide numerous functions and values, including aquatic and wildlife habitat, groundwater recharge, flood attenuation, recreation and aesthetics.
Press release about the Polidori Corporation, Inc. and Poli-Gold, LLC enforcement action.
Wyoming
Frontier Refining Inc.: On May 27, 2010, EPA and Frontier Refining Inc., a petroleum facility in Cheyenne, Wyoming, resolved an enforcement action initiated in September 2009. Frontier is alleged to have violated the law by storing hazardous wastes in a wastewater pond that was neither constructed nor operated properly to prevent overflowing and leaks. Under the agreement, Frontier will pay a $900,000 penalty and will disconnect piping associated with releases of hazardous waste. The company has agreed to remove and manage all waste in Pond 2 at the facility and clean the existing liner this fall. Additionally, Frontier will submit a closure plan with respect to the future use of the pond. Frontier estimates the cost of compliance at about $1 million. The company’s alleged violations of the Resource Conservation and Recovery Act were discovered during an EPA-led inspection in March 2009. EPA is investigating ponds such as this, referred to as surface impoundments, as part of a nationwide initiative.
Press release about the Frontier Refining enforcement action.
Michael Gard, Richard Gard, and Professional Home Design: On December 22, 2009, EPA issued a compliance order to Michael Gard, Richard Gard, and Professional Home Design, Inc., of Riverton, Wyoming, in response to unauthorized impacts to wetlands adjacent to the Wind River in Fremont County. The order alleges that the respondents violated the Clean Water Act by discharging dredged and fill material into wetlands adjacent to the Wind River without a permit. The EPA order requires Professional Home Design and Michael and Richard Gard to conduct restoration or mitigation activities in accordance with an EPA-approved plan. The Gards are required to remove unauthorized material in the wetlands and restore areas to their pre-impact condition and grade. The wetlands associated with the Wind River are important for local and migratory birds and wildlife, water storage and retention, water quality enhancement, flood control and aesthetics. Sediment from construction activities is a major water quality issue and results in negative impacts to aquatic life and wetland functions.
Press release about the Michael Gard, Richard Gard, and Professional Home Design enforcement action.
Region 8 annual results from previous years
Region 8 Compliance and Enforcement home page