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Enforcement and Assistance in New England

Protecting New England's Environment
2007 Office of Environmental Stewardship Year in Review

Photo of coastal MaineEPA puts significant effort into protecting people’s health and the environment in the six New England states (Connecticut, Maine, Massachusetts, New Hampshire, Rhode Island and Vermont) by ensuring compliance with environmental laws. As a result of enforcement actions taken in Fiscal Year (FY) 2007 (October 1, 2006 – September 30, 2007), more than 13.6 million pounds of pollutants will be reduced or treated. Further, close to 70 million cubic yards of contaminated water will be cleaned. These accomplishments are primarily a result of EPA enforcement actions under Superfund and the Clean Water Act.

Injunctive Relief (work required to bring facilities into compliance) – The estimated dollar value of cleanup or corrective action required by EPA New England in FY2007 will total more than $146 million. A major portion of this work will include improvements in combined sewer overflows into the Merrimack River from the Greater Lawrence Sanitary Sewer District in Massachusetts; compliance with federal and state air emission limits after restarting pulping operations at a former pulp and paper mill in Old Town, Maine; and cleanup activities at the Industri-plex Superfund Site in Woburn, Massachusetts.

"EPA’s commitment to enforcing our nation’s environmental laws means that we have better protection of our environment and public health in New England. Protecting the environment is everybody’s responsibility, and companies or individuals who disregard laws to protect our air, land and water should know that EPA continues to vigorously enforce our nation’s laws for a cleaner, healthier America.”
- Robert W. Varney
Regional Administrator
U.S. EPA, Region 1

Supplemental Environmental Projects – As part of a settlement, a violator may voluntarily agree to undertake an environmentally beneficial project, also known as a supplemental environmental project, related to the violation in exchange for mitigation of the penalty to be paid. In FY2007, supplemental environmental projects (SEPs) were included in a number of the settled enforcement, for a total value of more than $1.1 million. Nearly $550,000 of the total FY07 SEPs funds will be spent on lead paint abatement and lead paint outreach/education activities.

Audit Disclosures – As a result of facility self-audits, last year the Region resolved more than 90 disclosures of violations that were submitted in accordance with the Agency’s Audit Policy or Small Business Compliance Policy. More than half of these disclosures related to violations under the Emergency Planning and Community Right-to-Know Act. As a result of the disclosures, these companies avoided paying more that $3 million in penalties.

Inspections – The Region completed more than 1,100 on-site inspections. Storm water, oil pollution prevention, and disclosure of lead paint hazards were the leading categories for inspections in FY2007.

Administrative Penalty Complaints – In FY2007, we issued 113 administrative penalty complaints.

Referrals – In FY2007, we referred 25 enforcement cases to the US Department of Justice.

Compliance Assistance Activities – Over the past year, the Region held 145 workshops and/or training sessions, and along with one-on-one assistance, we were able to reach more than 22,000 individuals within the regulated community. In terms of our regional enforcement and compliance assistance web site, we recorded close to 475,000 hits or page requests from the site.

FY2007 Enforcement and Compliance Assistance Highlights

Environmental Crimes
Preventing the Release of Hazardous Substances
Recycling Electronic Wastes
Reducing Emission Levels of Hazardous Chemicals
Superfund Enforcement
Sustainable Water Infrastructure



Compliance and Enforcement Annual Results
Numbers at a Glance
EPA New England

Results Obtained from EPA Civil Enforcement Actions
Direct Estimated Environmental Benefits
Pollutants Reduced (Pounds) 13,646,158
Contaminated Soil to be Cleaned Up (Cubic Yards) 150,655
Contaminated Water to be Cleaned Up (Cubic Yards) 69,803,362
Stream Miles (Linear Feet) 900
Investments in Pollution Control and Clean-up (Injunctive Relief) $146,665,470
Investments in Supplemental Environmental Projects (SEPs) $1,102,657
Civil Penalties
Administrative Penalties $1,770,907
Judicial Penalties $557,000
Stipulated Penalties $6,250
EPA Civil Enforcement and Compliance Activities
Referrals of Civil Judicial Enforcement Cases to Department of Justice (DOJ) 25
Supplemental Referrals of Civil Judicial Enforcement Cases to DOJ 2
Civil Judicial Complaints Filed with Court 8
Civil Judicial Enforcement Case Conclusions 8
Administrative Penalty Order Complaints 113
Final Administrative Penalty Order Settlements 106
Administrative Compliance Orders 71
Cases with SEPs 10
EPA Compliance Monitoring Activities
Inspections/Evaluations 1,728
Civil Investigations 99
Number of Regulated Entities Taking Complying Actions during EPA Inspections/Evaluations 136
Number of Regulated Entities Receiving Assistance during EPA Inspections/Evaluations 745
EPA Superfund Cleanup Enforcement
Remedial Action (RA) Starts where Settlement Reached or Enforcement Action Taken by the time of the RA Start (during the FY) at Non-Federal Superfund Sites that have Known Viable, Liable Parties (%) 100%
Private Party Commitments for Site Study and Cleanup (incl cashouts) $12,031,236
Private Party Commitments for Oversight $6,200,000
Private Party Commitments for Cost Recovery $3,627,560
Cost Recovery Statute of Limitation Cases Addressed with Total Past Costs Greater than or Equal to $200,000 (%) 100%
EPA Voluntary Disclosure Program
Pollutants Reduced as a Result of Audits or Other Actions (Pounds) 36,800
Facilities Initiated 77
Companies Initiated 66
Notices of Determination (NODs) 77
Facilities Resolved 94
Companies Resolved 81
EPA Compliance Assistance
Total Entities Reached by Compliance Assistance 22,362
Number of Hits to Regional Enforcement and Compliance Assistance Web sites 473,183
Sources for Data displayed in this document: Integrated Compliance Information System (ICIS), Criminal Case Reporting System, Comprehensive Environmental Response, Compensation & Liability Information System (CERCLIS), Resource Conservation and Recovery Act Information (RCRAInfo), Air Facility System (AFS), and Permit Compliance System (PCS) October 13, 2007.

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Federal Data Presented State-by-state

EPA works in partnership with states in targeting federal enforcement where it produces the most environmental benefit.

Connecticut

Results Obtained from EPA Civil Enforcement Actions
Direct Environmental Benefits
  • Pollutants Reduced (Pounds)
37,429
  • Contaminated Soil and Water Cleaned (Cubic Yards)
36,000
Investments in Pollution Control and Clean-up (Injunctive Relief) $1,605,367
Investments in Supplemental Environmental Projects (SEPs) $342,018
Civil Penalties $246,671
Counts of EPA Civil Enforcement Actions
Counts of EPA Case Conclusions (including Civil Judicial Conclusions, Final Administrative Penalty Orders, Administrative Compliance Orders) 41
Inspections
Inspections 205

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Maine

Results Obtained from EPA Civil Enforcement Actions
Direct Environmental Benefits
  • Pollutants Reduced (Pounds)
2,093,823
  • Contaminated Soil and Water Cleaned (Cubic Yards)
-
Investments in Pollution Control and Clean-up (Injunctive Relief) $8,791,645
Investments in Supplemental Environmental Projects (SEPs) -
Civil Penalties $254,580
Counts of EPA Civil Enforcement Actions
Counts of EPA Case Conclusions (including Civil Judicial Conclusions, Final Administrative Penalty Orders, Administrative Compliance Orders) 25
Inspections
Inspections 126

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Massachusetts

Results Obtained from EPA Civil Enforcement Actions
Direct Environmental Benefits
  • Pollutants Reduced (Pounds)
9,097,815
  • Contaminated Soil and Water Cleaned (Cubic Yards)
69,907,572
Investments in Pollution Control and Clean-up (Injunctive Relief) $118,914,324
Investments in Supplemental Environmental Projects (SEPs) $401,447
Civil Penalties $886,870
Counts of EPA Civil Enforcement Actions
Counts of EPA Case Conclusions (including Civil Judicial Conclusions, Final Administrative Penalty Orders, Administrative Compliance Orders) 62
Inspections
Inspections 463

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New Hampshire

Results Obtained from EPA Civil Enforcement Actions
Direct Environmental Benefits
  • Pollutants Reduced (Pounds)
2,069,110
  • Contaminated Soil and Water Cleaned (Cubic Yards)
10,000
Investments in Pollution Control and Clean-up (Injunctive Relief) $12,225,420
Investments in Supplemental Environmental Projects (SEPs) -
Civil Penalties $550,705
Counts of EPA Civil Enforcement Actions
Counts of EPA Case Conclusions (including Civil Judicial Conclusions, Final Administrative Penalty Orders, Administrative Compliance Orders) 18
Inspections
Inspections 146

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Rhode Island

Results Obtained from EPA Civil Enforcement Actions
Direct Environmental Benefits
  • Pollutants Reduced (Pounds)
365,181
  • Contaminated Soil and Water Cleaned (Cubic Yards)
445
Investments in Pollution Control and Clean-up (Injunctive Relief) $3,696,887
Investments in Supplemental Environmental Projects (SEPs) $218,968
Civil Penalties $493,881
Counts of EPA Civil Enforcement Actions
Counts of EPA Case Conclusions (including Civil Judicial Conclusions, Final Administrative Penalty Orders, Administrative Compliance Orders) 32
Inspections
Inspections 85

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Vermont

Results Obtained from EPA Civil Enforcement Actions
Direct Environmental Benefits
  • Pollutants Reduced (Pounds)
19,600
  • Contaminated Soil and Water Cleaned (Cubic Yards)
-
Investments in Pollution Control and Clean-up (Injunctive Relief) $854,427
Investments in Supplemental Environmental Projects (SEPs) $140,224
Civil Penalties $52,700
Counts of EPA Civil Enforcement Actions
Counts of EPA Case Conclusions (including Civil Judicial Conclusions, Final Administrative Penalty Orders, Administrative Compliance Orders) 10
Inspections
Inspections 102

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Serving Connecticut, Maine, Massachusetts, New Hampshire, Rhode Island, Vermont, & 10 Tribal Nations

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