The Changing Face of Enforcement for the Cement Industry

Here is what some of the attendees commented...

  • "...Very informative - Glad I attended..."
  • "...All great info..."
  • "...I do think it is something that would be interesting to others in the industry..."
  • "...Enjoyed it -..."

On August 31st in Austin, Texas, Zephyr Environmental Corporation (Zephyr) hosted a workshop entitled, "The Changing Face of Enforcement for the Cement Industry." Attendees heard presentations from industry representatives, EPA, TCEQ, industry consultants and environmental attorneys.

David Garcia, Chief of the Air/Toxics Inspection and Coordination Branch, Compliance Assurance and Enforcement Division, EPA Region 6 began the workshop by addressing the recently announced federal enforcement initiative aimed at the cement industry. Mr. Garcia reviewed the criteria EPA uses to select a new sector for enforcement review, and spoke about the NSR program, which is an EPA priority. He confirmed that the cement industry is one of three new sectors currently being looked at by EPA. Jennifer Sidnell, Director of the Field Operations Division for TCEQ followed David and spoke of their interaction with EPA during the enforcement initiative. Following their presentations, an anonymous question and answer session with TCEQ and EPA was held via a moderator.

Lynne Spector of Zephyr provided a transition for the rest of the speakers with a presentation on 'Understanding the Rules and Issues' - a synopsis of the NSR and MACT (NESHAP) programs.

Vice President of Environmental Affairs at Buzzi Unicem USA, Inc., Dan Nugent, gave a very well recieved presentation on experiences with Section 114 requests from an industry perspective. Mr. Nugent detailed the amount of material requested, the team assembled, the man-hours used, and the timeline followed for two very different case studies. He concluded his story with a comparison of what information was requested in past Section 114 requests versus the requests that were currently being sent today.

John Steib, Deputy Director, Office of Compliance and Enforcement, TCEQ, was the lunchtime speaker. His presentation, entitled "Future Enforcement Direction: State Perspective," directed attention to the risk-based investigative strategy in identifying and monitoring pollution sources within the state.

Attorneys from several law firms presented the bulk of the afternoon session. Jim Harris of Thompson and Knight, spoke about civil enforcement/citizen suits. He explained what they are and how best to prepare for and defend against a citizen suit.

The rest of the workshop dealt with enforcement preparation- considerations before, during and after an enforcement action. Pat Raher of Hogan & Hartson and currently a member of the Clean Air Act Advisory Board gave an enlightening overview of the background of enforcement initiatives - both past and the current cement intiative. He explained how an EPA initiative extends to individual companies and how those companies can minimize their enforcement risk. His presentation finished with a look at an investigation timeline and things to consider when responding to an investigation.

Al Axe of Jenkens and Gilchrist focused on possible options before an inquiry or inspection takes place. He presented an in-depth review of the components of the Texas self audit policy, as well as EPA's incentives, scope and conditions for self-policing. He finished his presentation with an assessment of the applicability of these policies in light of the current cement initiative. Roger Brower of Zephyr followed Mr. Axe's presentation with a case study of a company that utilized the self-disclosure policy on a national level and the lessons learned through that experience.

The final subject of the day concerned information a company should know if an enforcement action has taken place. Jim Morriss III of Thompson & Knight spoke about issues involved with settlements and supplemental environmental projects (SEPs). He clearly explained important components involved in a settlement and the elements and legal guidelines for SEPs.