May, 2002

EPA Compliance Initiative

As part of the EPA compliance initiative, surprise multi-media inspections are being conducted. A multi-media inspection reviews a facility's compliance with federal statutory and regulatory requirements of: the Clean Air Act (CAA); the Clean Water Act (CWA) including the Federal Water Pollution Control Act (FWPCA); the Coastal Zone Act; the Safe Drinking Water Act (SDWA); the Oil Pollution Act (OPA); the Resource Conservation and Recovery Act (RCRA); the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA); the Emergency Planning and Community Right-to-Know Act (EPCRA); and others. A typical multi-media inspection consists of inspections of a facility and files by representatives from as many as five different EPA departments, who will occupy the facility for approximately one week; although the intensity and duration of the inspections are site- specific.

LBG is working with a facility, which recently was subject to an EPA multi-media inspection. Representatives from the facility called LBG without delay after the EPA arrived. LBG responded immediately and was present during the inspection. LBG's presence was instrumental in helping the facility to avoid potential violations. For example, when the EPA determined that a SPCC Plan was required for the facility, the inspector was able to note that the plan was in progress after LBG stated that one could be completed. Another advantage of LBG's participation was that LBG observed the specific conditions or situations that were recorded as violations by the EPA inspectors. With this understanding of the reasons for the violations, LBG was then able to provide efficient assistance to facility personnel to bring the facility into compliance with some of the violations prior to the EPA issuing their final report. It is anticipated that the EPA will probably view this proactive approach favorably and take the corrected violations into consideration when assessing financial penalties. In this instance, the facility will probably incur penalties. Sometimes, a penalty reduction can be negotiated through alternate dispute resolution (ADR), or when a violator agrees to undertake Supplemental Environmental Programs (SEP). SEPs are environmentally-beneficial projects to public health protection, including promoting pollution prevention and environmental justice which a violator agrees to undertake in settlement of an enforcement action, but which the violator is otherwise not legally required to perform. The EPA conducted this inspection as a result of a complaint by an employee, although there are numerous reasons why the EPA will initiate an inspection. The EPA inspectors strongly suggested that facilities conduct a self-audit, report the results to the EPA and, most importantly, correct the observed violations. Some EPA incentives for self-auditing include the elimination or substantial reduction of civil penalties and a determination not to recommend criminal prosecution. LBG is available to discuss your facility's compliance with the federal environmental regulations and to conduct a facility self-audit.

For more than 57 years, Leggette, Brashears & Graham, Inc. has provided state-of-the-art consulting services to our clients. The bulk of our work is repeat business from customers who have benefited from the value-added services we provide. If you would like more information on how we can add value to your ground-water or environmental project, please contact your local LBG office for assistance.