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Enforcement and Assistance in New England

2008 Region 1 Compliance and Enforcement Annual Results

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) 2008 (October 1, 2007 – September 30, 2008), more than 21.7 million pounds of pollutants will be reduced or treated. Further, more than 21 million cubic yards of contaminated water and soil will be cleaned. These accomplishments are the result of EPA enforcement actions under numerous programs including Superfund, the Clean Water Act and the Clean Air 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 FY2008 will total more than $667 million. This total includes actions that will lead to the installation of closed cycle cooling towers at the Brayton Point power station in Somerset, MA; full utilization of secondary treatment capacity at the Massachusetts Water Resource Authority’s Deer Island Treatment Plant; and cleanups at the Iron Horse Park and Beede Waste Oil Superfund sites.

"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 FY2008, supplemental environmental projects (SEPs) were included in 18 settlements with a total value of more than $2 million. SEP funds will be spent on lead paint abatement at numerous locations in New England, many of which are in environmental justice areas; the purchase of a conservation easement in Ellsworth, Maine; the purchase of a "pumpout" boat that will enable vessels in Boston Harbor to pump their sanitary wastes into a tank on that boat rather than into Boston Harbor or Massachusetts Bay; and a project to reduce fugitive particulate emissions in Thomaston, ME.

Inspections – The Region completed more than 1,100 on-site inspections. These inspections were spread geographically throughout New England and covered a wide range of federal programs, including storm water, wetlands, oil pollution prevention, asbestos demolition and renovation, hazardous waste management, community right-to-know, stationary air sources and disclosure of lead paint hazards.

Administrative Penalty Complaints – In FY2008, we issued 78 administrative compliance orders, 102 administrative penalty complaints, and 102 final administrative penalty orders.

Civil Judicial Enforcement – In FY2008, we referred 28 enforcement cases to the U.S. Department of Justice and had 15 judicial case conclusions.

Compliance Assistance Activities – The Region continues to develop compliance assistance tools and provide expert compliance assistance to the regulated community. Over the past year, the Region reached more than 10,169 individuals through 127 facility visits, 117 assistance workshops and individualized assistance. In addition to our direct assistance, we provided numerous compliance information resources via the Sector Compliance Assistance and Environmental Management System Web pages. We received 78,498 Internet hits or page requests for information from these pages last year.

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

Results Obtained from EPA Civil Enforcement Actions
Estimated Environmental Benefit Commitments:  
  Direct Environmental Benefits  
 
  • Pollution Reduced, Treated or Eliminated (Pounds) (1)
21,718,522
 
  • Contaminated Soil to be Cleaned Up (Cubic Yards)
683,421
 
  • Contaminated Water to be Cleaned Up (Cubic Yards)
20,941,100
Investments in Pollution Control and Clean-up (Injunctive Relief) $667,699,607
Investments in Environmentally Beneficial Projects (SEPs) $2,032,712
Civil Penalties Assessed  
  Administrative Penalties Assessed $2,114,958
  Judicial Penalties Assessed $2,032,965
  Stipulated Penalties Assessed $154,250
   
EPA Civil Enforcement and Compliance Activities
Referrals of Civil Judicial Enforcement Cases to Department of Justice (DOJ) 28
Supplemental Referrals of Civil Judicial Enforcement Cases to DOJ 4
Civil Judicial Complaints Filed with Court 18
Civil Judicial Enforcement Case Conclusions 15
Administrative Penalty Order Complaints 102
Final Administrative Penalty Orders 102
Administrative Compliance Orders 78
Cases with SEPs 18
   
EPA Compliance Monitoring Activities
Inspections/Evaluations 1,867
Civil Investigations 15
Number of Regulated Entities Taking Complying Actions during EPA Inspections/Evaluations 131
Number of Regulated Entities Receiving Assistance during EPA Inspections/Evaluations 766
 
EPA Superfund Cleanup Enforcement
% of non-Federal Superfund Sites with Viable, Liable Parties where an Enforcement Action was taken Prior to the Start of the Remedial Action 100%
Private Party Commitments for Site Study and Cleanup (including cash outs) $92.6
Private Party Commitments for Cost Recovery $18.5
% of Cost Recovery Cases Greater than or Equal to $200,000 that were Addressed before the Statute of Limitations Expired 100%
   
EPA Voluntary Disclosure Program
Estimated Pollution Reduction Commitments Obtained as a Result of Voluntary Disclosures (Pounds) 58,000
Voluntary Disclosures Initiated (Facilities) 48
Voluntary Disclosures Resolved (Facilities) 40
Voluntary Disclosures Initiated (Companies) 45
Voluntary Disclosures Resolved (Companies) 36
Notice of Determination (NODs) 36
   
EPA Compliance Assistance
Total Entities Reached by Compliance Assistance 34,996

Sources for Data displayed for Numbers at a Glance: 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 11, 2008.

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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 (Including benefits from Environmentally Beneficial Projects (SEPs)):
  • Estimated Pollution Reduced, Treated or Eliminated (Pounds) (1)
2,721,424
  • Contaminated Soil to be Cleaned Up (Cubic Yards)
3,342
  • Contaminated Water to be Cleaned Up (Cubic Yards)
-
Investments in Pollution Control and Clean-up (Injunctive Relief) $4,215,808
Investments in Environmentally Beneficial Projects (SEPs) $224,000
Civil Penalties Assesssed $1,554,917
Counts of EPA Civil Enforcement Actions
Civil Judicial Conclusions 9
Final Administrative Penalty Orders 21
Administrative Compliance Orders 13

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Maine

Results Obtained from EPA Civil Enforcement Actions
Direct Environmental Benefits (Including benefits from Environmentally Beneficial Projects (SEPs)):
  • Estimated Pollution Reduced, Treated or Eliminated (Pounds) (1)
1,044,062
  • Contaminated Soil to be Cleaned Up (Cubic Yards)
-
  • Contaminated Water to be Cleaned Up (Cubic Yards)
-
Investments in Pollution Control and Clean-up (Injunctive Relief) $1,430,004
Investments in Environmentally Beneficial Projects (SEPs) $524,179
Civil Penalties Assesssed $570,311
Counts of EPA Civil Enforcement Actions
Civil Judicial Conclusions 2
Final Administrative Penalty Orders 19
Administrative Compliance Orders 3

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Massachusetts

Results Obtained from EPA Civil Enforcement Actions
Direct Environmental Benefits (Including benefits from Environmentally Beneficial Projects (SEPs)):
  • Estimated Pollution Reduced, Treated or Eliminated (Pounds) (1)
17,883,166
  • Contaminated Soil to be Cleaned Up (Cubic Yards)
649,997
  • Contaminated Water to be Cleaned Up (Cubic Yards)
20,879,100
Investments in Pollution Control and Clean-up (Injunctive Relief) $609,886,917
Investments in Environmentally Beneficial Projects (SEPs) $1,161,646
Civil Penalties Assesssed $1,882,142
Counts of EPA Civil Enforcement Actions
Civil Judicial Conclusions 24
Final Administrative Penalty Orders 35
Administrative Compliance Orders 35

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New Hampshire

Results Obtained from EPA Civil Enforcement Actions
Direct Environmental Benefits (Including benefits from Environmentally Beneficial Projects (SEPs)):
  • Estimated Pollution Reduced, Treated or Eliminated (Pounds) (1)
1,366,097
  • Contaminated Soil to be Cleaned Up (Cubic Yards)
30,000
  • Contaminated Water to be Cleaned Up (Cubic Yards)
62,000
Investments in Pollution Control and Clean-up (Injunctive Relief) $47,925,347
Investments in Environmentally Beneficial Projects (SEPs) $46,087
Civil Penalties Assesssed $417,735
Counts of EPA Civil Enforcement Actions
Civil Judicial Conclusions 11
Final Administrative Penalty Orders 4
Administrative Compliance Orders 7

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Rhode Island

Results Obtained from EPA Civil Enforcement Actions
Direct Environmental Benefits (Including benefits from Environmentally Beneficial Projects (SEPs)):
  • Estimated Pollution Reduced, Treated or Eliminated (Pounds) (1)
581,827
  • Contaminated Soil to be Cleaned Up (Cubic Yards)
40
  • Contaminated Water to be Cleaned Up (Cubic Yards)
-
Investments in Pollution Control and Clean-up (Injunctive Relief) $5,761,784
Investments in Environmentally Beneficial Projects (SEPs) $62,800
Civil Penalties Assesssed $341,489
Counts of EPA Civil Enforcement Actions
Civil Judicial Conclusions 1
Final Administrative Penalty Orders 11
Administrative Compliance Orders 15

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Vermont

Results Obtained from EPA Civil Enforcement Actions
Direct Environmental Benefits (Including benefits from Environmentally Beneficial Projects (SEPs)):
  • Estimated Pollution Reduced, Treated or Eliminated (Pounds) (1)
13,100
  • Contaminated Soil to be Cleaned Up (Cubic Yards)
42
  • Contaminated Water to be Cleaned Up (Cubic Yards)
-
Investments in Pollution Control and Clean-up (Injunctive Relief) $463,082
Investments in Environmentally Beneficial Projects (SEPs) $14,000
Civil Penalties Assesssed $44,700
Counts of EPA Civil Enforcement Actions
Civil Judicial Conclusions -
Final Administrative Penalty Orders 12
Administrative Compliance Orders 5

Sources for Data displayed for Federal Data Presented State-by-State:  Integrated Compliance Information System (ICIS)

(1) Projected reductions to be achieved during the one year period after all actions required to attain full compliance have been completed.

 

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

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