EPA enforces cleanups worth $4.8B in FY04

The Environmental Protection Agency said yesterday that its enforcement actions throughout the nation in fiscal year 2004 will reduce a projected one billion pounds of pollution and require cleanups estimated to total a record $4.8 billion, which it says are significant increases from last year.

In a statement issued by the agency, it said that almost every other annual measure of the agency’s enforcement and compliance activity—such as the number of inspections (up 11 percent from FY 2003) and investigations (up 32 percent from FY 2003)—surpassed or kept pace with previous years. This, it said, indicates “continued progress” in deterring violations of the nation’s environmental laws.

“EPA’s enforcement strategy is focused on what matters most: achieving real environmental improvements that benefit everyone,” said Tom Skinner, EPA acting assistant administrator for the Office of Enforcement and Compliance Assurance. “We are getting significant, real-world pollution reductions through mechanisms like injunctive relief—pushing companies to install more effective pollution controls—and supplemental environmental projects, which improve the environment and public health both nationwide and close to home.”

In addition, EPA said its actions in FY 2004 will clean up an estimated 3.4 million cubic yards of contaminated soil and sediment and 9.5 million cubic yards of groundwater, 1,300 acres of wetlands will be protected, and the drinking water of 4 million Americans will comply with EPA standards.

Of the 4,257cases concluded by EPA in FY 2004, 83 percent resulted in actions to bring facilities into compliance with environmental laws, it added.

Among the accomplishments it cited for the last fiscal year include the following:

Pacific Islands accomplishments

* On Guam, the EPA garnered $30 million in commitments from facilities to make on-the-ground improvements that will benefit the environment and prevent future violations.

For example, Guam Waterworks agreed to spend $1 million to develop a household hazardous waste program and to begin rebuilding the island’s aging drinking water and wastewater systems.

* The EPA settled the Ordot Dump Clean Water Act lawsuit against the government of Guam in an agreement that includes deadlines for opening a new landfill and following an Ordot closure plan.

Guam will also complete a $1 million supplemental environment project to develop a household hazardous waste diversion and management program. In addition, Guam will pay $200,000 to resolve the lawsuit.

National accomplishments

* Pollution reductions increase 67 percent—As a result of cleanup commitments reached in FY 2004, EPA estimates that one billion pounds of pollution will be reduced, treated, or properly managed, an increase of 67 percent from last year.

* Record-breaking injunctive relief increases 66 percent—The estimated dollar value of compliance actions required by EPA in FY 2004 will total $4.8 billion—a new EPA record and a 66 percent increase from FY 2003.

* Supplemental Environmental Projects (SEPs) increase 42 percent—EPA obtained 213 SEPs in FY 2004—a 42 percent increase compared to FY 2003’s 150 SEPs. The dollar value of SEPs in FY 2004 was $48 million, compared to FY 2003’s $65 million. Of the 213 SEPs in FY 2004, 26 will be performed in environmental justice communities. SEPs are environmentally beneficial projects that a violator voluntarily agrees to perform as part of an enforcement settlement. SEPs go beyond what is required of a violator to return to compliance with environmental requirements.

* Compliance Incentive Program addresses 14 percent more facilities—Under EPA’s Compliance Incentive Program, the number of facilities resolving self-disclosed violations increased 14 percent in FY 2004 to 969—up from 848 in FY 2003.

* Compliance assistance reaches more than 730,000—EPA data shows that 731,000 businesses and individuals received assistance from EPA in FY 2004 to help understand and comply with environmental laws. EPA compliance assistance reached 721,000 in FY 2003.

* EPA final administrative penalty orders increase 32 percent—EPA finalized 2,248 civil administrative penalty actions in FY 2004—up 32 percent over 1,706 in FY 2003.

* Inspections and evaluations to determine compliance increase 11 percent—In FY 2004, EPA conducted 21,000 inspections, up from FY 2003 with 18,880.

* Civil investigations increase 32 percent—In FY 2004, EPA initiated 455 civil investigations, a 32 percent increase over the 344 investigations in FY 2003.

* Facilities disclosing environmental violations double—In FY 2004, 1223 facilities self-disclosed environmental violations to EPA. In FY 2003 there were 614 facilities that self-disclosed violations.

* EPA charges 46 more criminal defendants—EPA enforcement charged 293 defendants with environmental crimes in FY 2004, 46 more defendants than in FY 2003.