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Greenbytes: February 3, 2005 Edition
In this Issue
Greetings from EPA New England. We hope you find this edition of Greenbytes useful and we encourage you to give us feedback. For information on subscribing or unsubscribing see the section at the end of this message.
Feature:
EPA
Enforcement Actions Achieve Added Environmental Benefits
Alleged Violators Will Spend Over $11.5 million to Complete
Environmental Projects in New England
by Robert W. Varney
As a direct result of incorporating supplemental environmental projects, or "SEPs," into EPA's regional enforcement agreements in fiscal year 2004 (which ended Sept. 30, 2004) and the first three months of fiscal year 2005, violators will spend over $11.5 million to reduce harmful pollutants from being released into New England's environment and protect public health. I am proud to highlight the substantial public health and environmental benefits obtained through the use of SEPs.
More than 20 settlement agreements initiated in EPA's New England office over the past fifteen months included one or more SEPs -- with projects providing for: cleaner fuels powering transit vehicles; lead paint elimination from homes and apartments; and enhancing our defenses against mosquito-borne illnesses -- to name just a few.
Actively encouraging SEPs as part of our enforcement settlements is a key feature in our push to have all parts of the EPA office focused on delivering environmental results. Our enforcement agreements not only level the playing field by deterring noncompliance, but also deliver substantial and long-lasting benefits to New England communities.
A SEP can be part of an enforcement settlement, where an alleged violator voluntarily agrees to undertake an environmentally beneficial project. In recognition of the party's agreement to undertake the project, EPA agrees to accept a lower penalty than would normally be the case. A project must have an adequate connection to the underlying violation and must not be one that the alleged violator is legally required to do or was planning to do. While in some cases a SEP may provide the alleged violator with indirect benefits, there must be no doubt that the project primarily benefits public health or the environment. In some cases SEPs can help foster good will between environmental violators and the local community.
One of the most notable accomplishments from EPA's SEP agreements is a significant improvement in urban air quality derived from large-scale commitments to using cleaner fuels in trains, buses and other vehicles.
For instance, EPA entered into two large settlements last year that will yield significant environmental benefits to air quality. The Boston-based MBTA agreed to a project valued at $1 million to operate 33 commuter trains at Boston's South Station on lower-polluting low sulfur diesel fuel for at least three years. The project came six weeks after EPA announced that all commuter trains operating from Boston's North Station will be operated with low sulfur diesel fuel as part of a settlement of an enforcement case with Mystic Exelon, the owners of the Mystic Station power plant in Everett, Mass. The combined effect of the North and South Station projects will be to remove about 687 tons of sulfur dioxide and 76 tons of particulate matter from the air around Boston over the next three years. Mystic Exelon also agreed to spend $3.25 million to retrofit 500 Boston school buses with pollution control equipment and supply them with ultra low-polluting diesel fuel.
In another SEP agreement benefitting air quality in New England, the City of Bangor, Maine last month agreed to convert its entire fleet of diesel vehicles to "biodiesel" -- a cleaner burning fuel source made partially from soybeans.
The list of other SEPs included in enforcement agreements over the past 15 months extends well beyond the following notable projects:
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a settlement with WinnResidential, a prominent Boston real estate firm, to test for and remove any lead paint hazards hazards in some 10,400 apartments in eight states and the District of Columbia. The settlement represented one of the largest cases ever brought by the U.S. government for violations of lead paint disclosure laws;
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an agreement with Doctor's Research Group, Inc., a Conn. medical-device manufacturer, to spend $38,000 for much-needed medical supplies at publicly funded health centers in Conn. The case settled allegations that the company violated federal law governing antimicrobial pesticides;
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a settlement with the Mass. electric company, NSTAR, to spend $47,000 to demonstrate the effectiveness of a new system for capturing and reusing stormwater. The demonstration project, which is being built at Harvard University's vehicle washing facility, will capture water used in vehicle washing, by recycling rainwater and limit the amount of water entering the combined sewer system. The case settled EPA allegations stemming from two oil spills in the Charles River;
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an agreement with the Veteran's Administration to assign an environmental compliance professional to three of its Mass. facilities, and implement a lead-based paint abatement project in employee housing at a cost of $123,050. The case settled allegations that the VA violated lead disclosure laws at its housing facilities in Maine and Mass.;
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an agreement with Central Connecticut State University in New Britain, Conn. to spend $93,750 to reduce PCB pollution in New Britain through a two-year project that requires the University to identify vacant industrial facilities with PCB-containing transformers or electrical equipment; assess the risk of PCB release; and remove and dispose of the equipment posing the greatest risk of release;
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a settlement with United Oil Recovery, a hazardous waste disposal facility in Meriden, Conn., that has required it to spend nearly $700,000 at 57 high schools, to help them properly manage and minimize hazardous waste at the schools. The company has also spent $168,000 to supply recycling parts washers to the public works departments of 20 Conn. cities and towns. The SEP is expected to reduce emissions of volatile organic compounds to the air by 25,000- 70,000 pounds per year; and,
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an agreement with American Biophysics Corp., a North Kingston, RI company and maker of the "Mosquito Magnet," to spend at least $200,000 to help research, surveillance and control efforts relating to mosquito- borne illnesses like West Nile and Eastern Equine Encephalitis. The money will be used to institute a mosquito control effectiveness and surveillance program in RI; to buy mosquito source control equipment; and to provide mosquito traps to numerous local or state entities nationwide for mosquito-related research, surveillance, and control.
To learn more about SEPs or to submit ideas or browse a list of potential SEP projects visit our website at: http://www.epa.gov/region1/enforcement/sep/index.html .
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Press Releases
Feb. 1:
Wastewater Treatment Violation: Holyoke MA to pay fine
Lead Disclosure - Lewiston ME area landlord to reduce lead risks in 8 apartments
Jan. 31:
Pesticide Risk Reduction Grant - Nearly $100,000 for three New England projects
Grant to Maine Researchers - Minimizing reliance on pesticides in yardscaping
Vermont Wine Grape Growers Awarded Grant - Develop integrated pest management tools
Wastewater Treatment Excellence Awards - Municipalities recognized by EPA New England
Jan. 27:
Wetlands Violation - Carver MA cranberry growers to restore 25-plus acres of wetlands
Jan. 26:
Clean Water Act Violations - Dover NH will take action to restore oyster populations
Lead Disclosure - New Haven CT landlord will reduce lead risks in 31 apartments
Jan. 25:
Belchertown MA Schools Radon Award - For efforts to reduce radon at elementary school
Grant to Springfield MA Nail Salon - Project to reduce chemical risks to Vietnamese workers
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How
to Reduce and Prevent Beach Closures
Monday, February 7, 2005 - Warwick, RI
Raymark Advisory
Committee
Tuesday, February 8, 2005 - Stratford, CT
Massachusetts
Military Reservation Plume Cleanup Team
Wednesday, February 9, 2005
Fort Devens Restoration
Advisory Board
Thursday, February 10, 2005
South Weymouth
Naval Air Station Restoration Advisory Board
Thursday, February 10, 2005 - South Weymouth, MA
How to Reduce
and Prevent Beach Closures
Friday, February 11, 2005 - Portsmouth, NH
NETC (Newport)
Restoration Advisory Board
Wednesday, February 16, 2005 - Newport, RI
Mass. Military
Range (MMR) Impact Area Review Team
Tuesday, Feb. 22, 2005
Northeast Regional
Community & Urban Integrated Pest Management (IPM)
Conference (fee)
Tuesday/Wednesday Mar. 15-16, 2005; Manchester NH
New Bedford Meetings Rescheduled from 02/24/05: New date March 3
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Regional
Pollution Prevention Page - updated contact links
Centredale RI Superfund Site - new and archival fact sheets
New Bedford MA Harbor Superfund Site - recent air quality data available
New London CT Superfund Site - "record of decision" document
GE Housatonic River - new NPDES permit
GE Housatonic River - monthly 1 ½ mile report
GE Housatonic River - new ecological risk assessment
Linemaster Switch Superfund Site (Woodstock CT) - "explanation of differences" document
Brownfields Funding & Resources - reorganization of "state agency resources"
Brownfields - new information on "what's new" page
National
New Leadership - Michael O. Leavitt has now begun his new position as Secretary of the U.S. Dept. of Health and Human Services. (We thank him for his service to EPA.) EPA is being led by Acting Administrator Stephen L. Johnson. A 24-year EPA veteran, Johnson has most recently served as Deputy Administrator (since July 2003) and as Assistant Administrator overseeing regulation of pesticides and industrial toxic chemicals (since June 2001).
EPA's FY 2004 Annual Report - This is the Agency's program performance report (required by the Government Performance and Results Act). It highlights environmental, programmatic and financial performance over the past fiscal year. EPA met 78 percent of its annual performance goals for which data were available, an improvement over the previous year.
Mercury information - Recently EPA completed an effort to comprehensively organize all Agency information on mercury. If you haven't already seen the result of this work, pay a visit and bookmark for future reference.
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"In The News" is a free daily service that provides links to today's top newspaper stories about the New England environment and links to related EPA New England information.
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