Contact Information:
Kroll Associates
Sudbury, MA
Phone: 978-443-1929
Fax: 978-443-1833

Keywords: Compliance Inspections, Educational Institutions, Nationwide EPA Enforcement Initiative.

Abstract:

Objective - To summarize EPA's objectives and approach and what the higher educational community needs to do.

Scope - Nationwide EPA Enforcement Initiative.

Issues - Directed enforcement against higher educational institutions

Conclusions - Educational institutions must recognize their responsibilities to comply with Federal environmental laws and regulations in a manner identical to all other members of the regulated community. All elements of Federal environmental and safety regulations apply to institutions of higher learning, yet few college administrators understand the broad range of their obligations or the full scope of consequences of their failure to comply.

The USEPA holds educational institutions to the same or more stringent environmental compliance standards as it expects of industries. Consequently, EPA has initiated a nation-wide program, which targets educational institutions for inspections and enforcement actions, and the Agency has found high rates of general noncompliance, as well as major evironmental releases, and is utilizing public embarrassment as a means of encouraging compliance.

An EPA multidisciplinary inspection team typically consists of 4-6 persons who will spend 3-5 days on a campus with a 10,000-student population. That is a level of enforcement effort is generally applied to a major manufacturing operation.

Significant fines and penalties have been levied against public and private universities: $69,000 fine for mishandling and mislabeling hazardous chemicals; $753,000 for violations of the Clean Water Act and Hazardous Waste regulations; $49,000 for RCRA violations; a $15 million cleanup of asbestos; $2.62 million cleanup of hazardous waste in a landfill that polluted groundwater; a $1 million cleanup of a well that was contaminated with fire-fighting chemicals used during a campus training program; $50,000 fine for improperly managing oil tanks on campus; etc.

There is no environmental law or program that is not applied to a campus, and for which there have been violations: Clean Air Act, RCRA, EPCRA, Clean Water Act (including OPA), and TSCA. Virtually all educational departments face scrutiny (e.g., Art, Mechanical, Environmental, Electrical and Chemical Engineering, Athletics, Chemistry, Nursing, Biology, Physics, Psychology, Journalism, ROTC), and all operating departments (e.g., Physical Plant, Health Services, Reproduction, Food Service, Student Activities). Further, most campuses also have requirements to meet under the Atomic Energy Act, particularly in regards to registration and licensing of radioactive sources.

In addition to environmental regulations, the full weight of the OSHA worker health and safety regulations apply in all their specific programs as well as the General Duty Clause. Not only are the requirements imposed on their own employees, the school also has an obligation to review and monitor the quality of the OSHA compliance of their contractors. This is particularly true for Housekeeping services, operations of the physical plant including boiler houses, vehicle maintenance, waste disposal, etc.