Enforcement and Assistance in New England
2009 Region 1 Compliance and Enforcement Annual Results
2009 Annual Results Topics
Civil Enforcement Highlights
Criminal Enforcement Highlights
Compliance Assistance Highlights
Where you live
Rochester,Vermont in the Fall
EPA 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) 2009 (October 1, 2008 – September 30, 2009), more than 11.2 million pounds of pollutants will be reduced or treated. Further, more than 51 million cubic yards of contaminated water and soil will be cleaned. In addition, EPA New England also reached settlements in two enforcement cases involving unnecessary motor vehicle engine idling that will result in the elimination of nearly 100.4 million pounds of excess carbon dioxide emissions into the environment. 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 FY2009 will total more than $296 million.
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 FY2009, supplemental environmental projects (SEPs) were included in 9 settlements with a total value of more than $3 million.
Inspections – The Region completed more than 900 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 FY2009, we issued 71 administrative compliance orders, 87 administrative penalty complaints, and 87 final administrative penalty orders.
Civil Judicial Enforcement – In FY2009, we referred 31 enforcement cases to the U.S. Department of Justice and had 30 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 40,200 individuals through 81 facility visits, 87 assistance workshops and individualized assistance. We also helped build the capacity of our states and other public and private partners in providing 6978 of them with environmental and health and safety training, enabling them to go out and train our target audiences in New England.
Among the entities reached in FY2009, we provided the following compliance assistance that supported the 2009 OECA National Priorities:
- Air Toxics - Surface Coating: We provided compliance assistance to more than 5800 autobody shops (100% of the autobody sector in New England) and other small businesses subject to new Clean Air Act regulations that conduct paint stripping and surface coating activities.
- Wet Weather Sanitary Sewer Overflow: We reached 503 sources (~50% of the national totals of 1018) to reduce and eliminate SSOs in New England.
- Wet Weather Stormwater: reached 38 (100% of our target audience) in the Aggregate/Sand & Gravel sector regarding sector-specific stormwater management requirements and best practices and we reached 940 other sources regarding stormwater management and best practices.
It is worth noting that 331 entities reported performance outcomes to us during FY09; 308 of those (99%) reported improvements in their environmental management practices including taking compliant actions, eliminating or reducing pollution or adopting other best practices voluntarily.
Compliance and Enforcement Annual Results
Numbers at a Glance
Region 1
| Civil Enforcement | ||
|---|---|---|
| Estimated Environmental Benefits – Commitments to Reduce Pollution & Protect the Environment: | ||
| Direct Environmental Benefits | ||
|
11,285,344 | |
| 59,680 | ||
|
1,783,840 | |
|
49,716,111 | |
|
- | |
|
60 | |
|
- | |
| Investments in Actions & Equipment to Reduce Pollution & Protect the Environment (Injunctive Relief) | $296,756,699 | |
| Investments in Projects that Benefit the Environment & Public Health (Supplemental Environmental Projects) | $3,112,110 | |
| Civil Penalties Assessed | ||
| Administrative Penalties Assessed | $2,876,919 | |
| Judicial Penalties Assessed | $1,919,163 | |
| State/Local Judicial Penalties Assessed From Joint Federal-State/Local Enforcement Actions (3) | $71,000 | |
| Stipulated Penalties Paid | - | |
| Civil Enforcement and Compliance Activities | ||
| Referrals of Civil Judicial Enforcement Cases to Department of Justice (DOJ) | 31 | |
| Supplemental Referrals of Civil Judicial Enforcement Cases to DOJ | 4 | |
| Civil Judicial Complaints Filed with Court | 20 | |
| Civil Judicial Enforcement Case Conclusions | 30 | |
| Administrative Penalty Order Complaints | 87 | |
| Final Administrative Penalty Orders | 87 | |
| Administrative Compliance Orders | 71 | |
| Cases with Supplemental Environmental Projects | 9 | |
| EPA Compliance Monitoring Activities | ||
| Inspections/Evaluations | 1516 | |
| Civil Investigations | 9 | |
| Number of Regulated Entities Taking Complying Actions during EPA Inspections/Evaluations | 110 | |
| Superfund Cleanup Enforcement | ||
| Amount Committed by Liable Parties to Clean up Superfund Sites | $108,459,000 | |
| Amount Committed by Liable Parties to Pay for Government Oversight of Superfund Cleanups | $47,695,000 | |
| Amount Committed by Liable Parties to Reimburse the Government for Money Spent Cleaning up Superfund Sites | $19,470,382 | |
| Voluntary Disclosures | ||
| Commitments to Reduce, Treat or Eliminate Pollution as a Result of Voluntary Disclosures (pounds) | - | |
| Voluntary Disclosures Initiated (Facilities) | 87 | |
| Voluntary Disclosures Resolved (Facilities) | 78 | |
| Voluntary Disclosures Initiated (Companies) | 83 | |
| Voluntary Disclosures Resolved (Companies) | 70 | |
| EPA Compliance Assistance | ||
| Entities Provided with EPA Compliance Assistance (4) | 47,226 | |
Sources for Data displayed in this document: Integrated Compliance Information System (ICIS), 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, 2009
Footnotes:
- Projected reductions to be achieved during the one year period after all actions required to attain full compliance have been completed.
- In FY 2008, for the first time, OECA initiated a new Environmental Benefits outcome reporting category to count pounds of "Hazardous Waste Treated, Minimized or Properly Disposed Of " from enforcement cases. OECA has determined that none of the previously established outcome categories are appropriate for counting the environmental benefits obtained from EPA’s hazardous waste cases. For FY 2008, this new pilot category includes only results from RCRA cases, but, in the future, similar results obtained from enforcement actions under other statutes, particularly CERCLA, may also be included.
- This measure generated by a recommendation from the General Accounting Office, requires that EPA now report on penalties assessed in judicial enforcement cases that are awarded to a state/co-plaintiff.
- EPA provides assistance using a variety of tools including workshops, facility visits, posting web-based information, responding to specific calls about regulations, etc.
Federal Data Presented State-by-state
EPA works in partnership with states in targeting federal enforcement where it produces the most environmental benefit. The data below shows EPA's activities and achievements.
Caveat - A single enforcement case that addresses facilities located in more than one state will be counted in the total for each state with a facility. The results achieved from this enforcement action will also be counted in each state with a facility.
Connecticut
| Civil Enforcement | ||
|---|---|---|
| Estimated Environmental Benefits – Commitments to Reduce Pollution & Protect the Environment: | ||
| Direct Environmental Benefits | ||
|
9,828,349 | |
| - | ||
|
45,000 | |
|
5,444,000 | |
| Investments in Actions & Equipment to Reduce Pollution & Protect the Environment (Injunctive Relief) | $35,462,327 | |
| Investments in Projects that Benefit the Environment & Public Health (Supplemental Environmental Projects) | $760,422 | |
| Civil Penalties Assesssed | $1,756,763 | |
| Civil Enforcement and Compliance Activities | ||
| Civil Judicial Enforcement Case Conclusions | 8 | |
| Final Administrative Penalty Orders | 16 | |
| Administrative Compliance Orders | 8 | |
Maine
| Civil Enforcement | ||
|---|---|---|
| Estimated Environmental Benefits – Commitments to Reduce Pollution & Protect the Environment: | ||
| Direct Environmental Benefits | ||
|
4,000 | |
| 31 | ||
|
- | |
|
- | |
| Investments in Actions & Equipment to Reduce Pollution & Protect the Environment (Injunctive Relief) | $1,188,186 | |
| Investments in Projects that Benefit the Environment & Public Health (Supplemental Environmental Projects) | - | |
| Civil Penalties Assesssed | $683,737 | |
| Civil Enforcement and Compliance Activities | ||
| Civil Judicial Enforcement Case Conclusions | 4 | |
| Final Administrative Penalty Orders | 13 | |
| Administrative Compliance Orders | 2 | |
Massachusetts
| Civil Enforcement | ||
|---|---|---|
| Estimated Environmental Benefits – Commitments to Reduce Pollution & Protect the Environment: | ||
| Direct Environmental Benefits | ||
|
117,875 | |
| 59,649 | ||
|
37,860 | |
|
37,715,976 | |
| Investments in Actions & Equipment to Reduce Pollution & Protect the Environment (Injunctive Relief) | $120,452,363 | |
| Investments in Projects that Benefit the Environment & Public Health (Supplemental Environmental Projects) | $2,030,067 | |
| Civil Penalties Assesssed | $1,831,772 | |
| Civil Enforcement and Compliance Activities | ||
| Civil Judicial Enforcement Case Conclusions | 8 | |
| Final Administrative Penalty Orders | 42 | |
| Administrative Compliance Orders | 33 | |
New Hampshire
| Civil Enforcement | ||
|---|---|---|
| Estimated Environmental Benefits – Commitments to Reduce Pollution & Protect the Environment: | ||
| Direct Environmental Benefits | ||
|
1,326,905 | |
| - | ||
|
1,700,000 | |
|
4,800,000 | |
| Investments in Actions & Equipment to Reduce Pollution & Protect the Environment (Injunctive Relief) | $127,290,863 | |
| Investments in Projects that Benefit the Environment & Public Health (Supplemental Environmental Projects) | $62,310 | |
| Civil Penalties Assesssed | $278,673 | |
| Civil Enforcement and Compliance Activities | ||
| Civil Judicial Enforcement Case Conclusions | 7 | |
| Final Administrative Penalty Orders | 9 | |
| Administrative Compliance Orders | 12 | |
Rhode Island
| Civil Enforcement | ||
|---|---|---|
| Estimated Environmental Benefits – Commitments to Reduce Pollution & Protect the Environment: | ||
| Direct Environmental Benefits | ||
|
4,405,016 | |
| - | ||
|
980 | |
|
1,756,135 | |
| Investments in Actions & Equipment to Reduce Pollution & Protect the Environment (Injunctive Relief) | $5,027,460 | |
| Investments in Projects that Benefit the Environment & Public Health (Supplemental Environmental Projects) | $513,136 | |
| Civil Penalties Assesssed | $519,500 | |
| Civil Enforcement and Compliance Activities | ||
| Civil Judicial Enforcement Case Conclusions | 1 | |
| Final Administrative Penalty Orders | 7 | |
| Administrative Compliance Orders | 11 | |
Vermont
| Civil Enforcement | ||
|---|---|---|
| Estimated Environmental Benefits – Commitments to Reduce Pollution & Protect the Environment: | ||
| Direct Environmental Benefits | ||
|
- | |
| - | ||
|
- | |
|
- | |
| Investments in Actions & Equipment to Reduce Pollution & Protect the Environment (Injunctive Relief) | $9,260,500 | |
| Investments in Projects that Benefit the Environment & Public Health (Supplemental Environmental Projects) | $95,175 | |
| Civil Penalties Assesssed | $10,800 | |
| Civil Enforcement and Compliance Activities | ||
| Civil Judicial Enforcement Case Conclusions | 2 | |
| Final Administrative Penalty Orders | 1 | |
| Administrative Compliance Orders | 7 | |
Sources for Data displayed for Federal Data Presented State-by-State: Integrated Compliance Information System (ICIS)
Footnotes:
- Projected reductions to be achieved during the one year period after all actions required to attain full compliance have been completed.
- In FY 2008, for the first time, OECA initiated a new Environmental Benefits outcome reporting category to count pounds of "Hazardous Waste Treated, Minimized or Properly Disposed Of" from enforcement cases. OECA has determined that none of the previously established outcome categories are appropriate for counting the environmental benefits obtained from EPA's hazardous waste cases. For FY 2008, this new pilot category includes only results from RCRA cases, but, in the future, similar results obtained from enforcement actions under other statutes, particularly CERCLA, may also be included.