xvEPA
United States J F- Kennedy Federal Building
Environmental Protection Boston, MA 02203
Agency Region I
ENVIRONMENTAL COMPLIANCE IN REGION I
January 1983
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ENVIRONMENTAL COMPLIANCE IN REGION I
January 1983
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Bringing about compliance with environmental regulations is one
of the primary missions of the U.S. Environmental Protection
Agency. The New England Regional Office of the EPA, in cooperation
with its state partners, has managed to achieve a very high degree
of compliance with the statutes it administers.
The Regional office has undertaken a vigorous enforcement program
against those who fail to make a good faith effort to comply.
The EPA has also been able to negotiate acceptable compliance
agreements with business and industry and has worked cooperatively
with local cities and towns to resolve outstanding compliance
problems.
The following report is a summary of the compliance efforts of
Region I during FY-82.
National Pollutant Discharge Elimination System (NPDES) Program
During FY-82 the major NPDES emphasis was on improving the
compliance rate of the Public Law 92-500 municipal wastewater
treatment plants, particularly the major facilities. The overall
emphasis continues on improving the compliance rate of existing
municipal facilities and insuring that those facilities with
construction schedules proceed as expediously as possible.
The region continued to achieve high compliance rates as seen in
the chart below. Region I completed 284 inspections of NPDES
facilities and maintained a high level of enforcement actions
issuing 24 Administrative Orders and referring three cases to
Headquarters.
Compliance Statistics - NPDES Majors
Municipal Industrial PL92-500
% in Compliance* 85 84 85
Total on Final Effluent
Limits** 281 307
Total Facilities 373 327 123
*Non-Compliance - Based on National Definition of Significant Non-
Compliance.
**Final Effluent Limits - All facilities not on construction
schedules for upgrading or tie-ins.
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Inspections
Compliance Sampling
Compliance Evaluation
Performance Audit
Biomonitoring
Municipal
20
123
25
4
Industrial
15
35
12
50
172
112
Enforcement Actions
Administrative Orders
Issued
Civil Referrals
Criminal Cases (Ongoing)
Civil Referrals (Ongoing)
Oil Spill Referrals
308' letters issued
SPCC actions
SPCC cases closed
Municipal
21
1
2
10
26
Industrial
3
2
1
2
73 (Spill Prevention Controls
CounterMeasure )
50
A comparison of the Region I results with the National statistics
for some of the above activities during FY-82 show that we have
issued:
21% of all Major Municipal Administrative Orders
10% of all Civil Referrals to Department of Justice
39% of all SPCC violations
Although Region I is one of the smaller NPDES Regions, with 667
of the 7,896 major permittees, the Region is second in the number
of Municipal Administrative orders to majors, and first in issuing
SPCC violations.
Figure 1 shows the number of NPDES major facilities by State and
whether they are Municipals or Industrials. Figure 2 shows the
compliance rate. The compliance rate is the percentage of
permittees that have met the effluent limits in their NPDES
permits consistent with the National definition of significant non-
compliance. The following are highlights some of the major points
of these figures.
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TOTAL NUMBER MAJOR FACILITIES/ TOTAL ON FEL - REGION ONE
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The Region has achieved a 100% compliance rate for Industrial
Majors in Rhode Island and a 97% compliance rate for Municipals
in New Hampshire. The Region consistently maintains compliance
rates for Municipal and Industrial permittees higher than the
National statistic, which is derived on a quarterly basis. For
the fourth quarter of Fiscal Year 1982 the following compliance
was achieved:
% Compliance
Municipal Industrial
Region I 86 93
National 82 88
Noteworthy accomplishments for 1982 include having a municipal
compliance rate of 85% for all P.L. 92-500 facilities. Another
was the development of a major criminal referral for violations
of the CWA. Also, Region I has developed and implemented a com-
pletely computerized system to preprint Discharge Monitoring
Reports and to track and review their submittals.
Resources Conservation and Recovery Act (RCRA) Program
During FY-82, the Region has emphasized Phase I State authorization
of RCRA. By April 1982, Connecticut became the sixth and final
Region I State to be so authorized. As a result, the compliance
priorities have gradually changed from that of an EPA inspection/
enforcement lead in unauthorized states, to one of technical
assistance and program support in authorized states. Region I
has developed and presented to four states an inspector training
program designed to enhance the technical expertise of the states'
field staff. This program will be continued and improved upon
for offering in FY-83.
During FY-82, however, the Region has continued the Subtitle C
compliance effort initiated in FY-81 for the remaining unauthorized
states, as evidenced by the following enforcement statistics:
Inspections conducted 115
Letters of Deficiency issued 24
§3008 Complaints issued 50
§3008 Final Orders issued 26
§3008 Penalties assessed $155,675
§3008 Penalties collected $ 73,500
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When you compare the Regional effort with the national statistics
for some of these activities during this same time period, you
find that Region I has issued:
22% of the §3008 Complaints, and
19% of the §3008 Final Orders
The Region has collected 25% of all penalties collected nationwide.
In terms of ranking with other Regions, Region I is second in
the number of complaints issued; third in the number of Final
Orders issued; and second in the amount of penalties collected.
There are approximately 5,200 sources comprising the regulated
community subject to the Federal RCRA program in Region I. Figure
3 shows the distribution of these sources on a state-by-state
basis, from a high of 47% located in Massachusetts to a low of
3.1% located in Vermont.
It is difficult to establish a compliance rate for RCRA, as
can be done for medias such as air and water. In the latter
two programs, there is a long history of compliance and virtually
all major facilities have been inspected by EPA or the states on
numerous occasions. In RCRA, however, facilities are now being
inspected for the first time relative to their hazardous waste
handling procedures and many have yet to be visited.
In an attempt to establish an indicator of compliance with these
Regulations, Region I has determined a compliance rate for RCRA
based on the number of facilities inspected rather than the
number subject to its requirements. This analysis has been
prepared for both FY-81 and FY-82 using EPA inspection data. The
compliance rate presented considers as violators only those
facilities violating the RCRA regulations governing material
handling practices. This presents a compliance rate which is
indicative of industry efforts to manage its wastes properly and
implement those measures necessary to minimize the likelihood
of harm to public health or the environment.
The resulting compliance figures are as follows:
FY-81; 77% compliance
FY-82; 64% compliance
What these figures mean is that in FY-81, 77% of the facilities
inspected by EPA (and 64% in FY-82) had taken the necessary
precautions to ensure that their hazardous wastes were being
stored, treated or disposed, or otherwise managed, in a manner
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RCRA NOHFIERS IN REGION
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so as to minimize the likelihood of harm to public health or the
environment; keep in mind, however, that some of these facilities
did have the paperwork violations which are considered to have a
low potential for harm. Figure 4 depicts EPA inspections conducted
both on a state-by-state basis and regionwide, with the latter
bar also indicating, as a measure of compliance, the percent of
those facilities inspected which had Class I violations.
Although the compliance rate has declined from FY-81 to FY-82
this is due, in large part, to the closure and groundwater
monitoring regulations which became effective in late FY-81 and
early FY-82, respectively. Regional inspectors have found that
these regulations are among the ones most often violated; other
requirements which are violated frequently include the provisions
for personnel training and for development of contingency plans.
In terms of industry types of concern, Region I has found that
the electroplating industry seems to have the most trouble
complying with RCRA; this perhaps, is a result of their not only
being a hazardous waste generator, but also a treatment/storage/
disposal facility subject to closure and groundwater monitoring
requirements.
A noteworthy accomplishment during FY-82 was the civil action
initiated against the Environmental Waste Removal Company, Water-
bury, Connecticut. In the area of Superfund enforcement, during
FY-82 the Region issued the first two CERCLA §106 Orders, to
Stauffer Chemical Company for their Woburn, Massachusetts sita,
and to Aerovox, Inc. for on-site PCB contamination at their Mew
Bedford, Massachusetts facility. Also in New Bedford, the Region
issued a Complaint and Final Order to Cornell-Dubilier Electronics
under the Toxic Substances Control Act, again requiring mitigation
of on-site PCB contamination. In addition, a $300,000 Superfund
enforcement contract was let in late FY-82 to the GCA Corporation
to begin New Bedford Harbor studies designed to identify the
magnitude of the PCB contamination in the Harbor and assist in
selecting the appropriate remedial action.
Air Program
The Regional air program monitors for compliance approximately 1300
major sources of air pollution. Figure 5 shows the distribution
of these sources on a state by state basis.
The universe of major sources is comprised of class Al and A2
sources, significant violators and sources subject to New Source
Performance Standards (NSPS) and National Emission Standards for
Hazardous Air Pollutants (NESHAPS). These source categories are
distinguished as follows:
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140-,
EPA RCRA INSPECTIONS FOR FY-1982
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700-.
600-
NUMBER OF MAJOR SOURCES, BY STATE
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STATE
Figure 5
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Class Al
Class A2
Actually emits 100 tons/year
of a criteria pollutant.
Has the potential to emit 100
tons/year of a criteria pollutant,
Significant Violator
A Class Al source which is
violating emission standards in a
non-attainment area or a source that
is violating NSPS or NESHAPS standards.
During FY-82, EPA Regional personnel accounted for a total of 64
source inspections, three administrative orders, eight Section
114 letters, two notices of violations and two civil referrals.
The following chart breaks down these EPA actions by type and
itemizes the actions by state.
Case Development
States Inspections
MA 13
ME 1
RI 5
NH 7
VT 0
CT 21
Oversight
Inspections
4
3
4
1
0
0
Transitory NESHAPS
Inspections
4
0
1
0
0
0
total
47
12
States
Administrative
Orders
MA
ME
RI
NH
VT
CT
total
2
0
0
0
0
1
3
§ 114's
Information
Requests
2
0
6
0
0
0
8
Notices of
Violation
1
0
0
0
0
1
2
Civil
Referrals
0
0
0
0
0
2
2
As a result of the joint state/federal source compliance efforts,
95% of the Region's major sources are presently in compliance
with the applicable state and federal emission regulations.
Compliance rates for major sources, itemized by state, are con-
tained in figure 6.
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PERCENTAGE OF MAJORS IN COMPLIANCE
100-1
98-
96-
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88-
86-
84-
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Noteworthy accomplishments during FY-82 include work on coal
conversion approvals and the initiation of a number of civil
actions against Clean Air Act violators.
The swift rise in oil prices during the 1970's sparked renewed
interest in converting electric generating stations from oil to
coal. Although oil price changes have leveled off, the price
differential between oil and coal remains large enough so that a
number of utilities believe a conversion can be economic, and are
applying to EPA for Delayed Compliance Orders (DCO's) pursuant to
Section 113(d) (5) of the Clean Air Act.
In 1982, the Region program finalized two DCO's and began work
on a third. In Massachusetts Northeast Utilities' Mt. Tom
Station and New England Electric Company's Salem Harbor Station
both began burning coal under the conditions of an EPA issued
DCO. Montaup Electric Company applied for a DCO for their Somerset
(Massachusetts) Station, and if it is approved, the station
could burn coal in early 1983.
Recent Coal Conversions
Plant
Mt. Tom
Salem Harbor
Salem, MA
Somerset
Somerset, MA
Capacity
145 MW
310 MW
(3 units)
195 MW
(2 units)
Status
converted 12/81; estimated
TSP emission rate is .3
Ib./MMBTU
converted 2/82; estimated TSP
emission rate is .2
Ib/MMBTU for units #1 and
#3, and .35 1 Ib/MMBTU
for unit #2.
DCO proposed 10/82; conversion
early 1983
In FY-82, two Connecticut major source violators, Deitch Laminating
and Connecticut Charcoal were referred to the Department of Justice
for litigation.
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