New England Regional Office
U. S. Environmental Protection Agency
1986 in Review
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Table of Contents
Michael R. Deland 1
Regional Administrator
Paul G. Keough 3
Deputy Regional Administrator
Air Management Division 5
Louis F. Gitto, Director
Waste Management Division 10
Merrill S. Hohman. Director
Water Management Division 14
David A. Fierra. Director
Environmental Services Division 19
Edward J. Conley. Director
Office of Regional Counsel 21
Patrick A. Parenteau. Regional Counsel
Planning and Management Division 23
Harley F. Laing. Director
Office of Government Relations and 25
Environmental Review
Stephen F. Ells. Director
Office of Public Affairs 26
Brooke Chamberlain-Cook. Director
Connecticut Department of 28
Environmental Protection
Stanley J. Pac. Commissioner
Maine Department of Environmental 29
Protection
Kenneth C. Young. Jr.. Commissioner
Massachusetts Executive Office of 30
Environmental Affairs
James S. Hoyte. Secretary
New Hampshire Department of 32
Environmental Services
Alden H. Howard, Commissioner
Rhode Island Department of 33
Environmental Management
Robert L. Bendick, Director
Vermont Agency of Environmental 34
Conservation
Leonard U. Wilson, Secretary
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Michael R. ueiarn
Regional Administrator
ear friends of the
New England environment:
A friend of mine once observed that if the United
States had been settled from west to east, all of New England
would have been designated a national park. That wistful
thinking captures the sense of natural beauty that abounds in
the northeastern corner of the nation and fortifies our dedica-
tion to preserve the quality of life provided by a healthy and
vigorous environment.
In this, our annual report to you about our efforts to protect
and improve our shared environment, we describe some of our
major accomplishments and sketch what we think the future
will hold. In 1986, we turned up the enforcement heat, provid-
ed leadership in the protection of our environment and public
health, and developed new initiatives in response to emerging
problems.
One of our highest priorities continues to be enforcement of the
nation's environmental statutes. We kept the pressure on by
filing more cases, issuing more orders and collecting more pen-
alties than ever before. We have increased this pace annually
since I became Regional Administrator.
In particular, we expanded our criminal enforcement activity,
winning three major convictions in 1986 and collecting the two
largest fines to date in the country. In two southern New
England states, we completed major Superfund settlement
negotiations at three sites. At another site, we entered into a
consent agreement with 51 responsible parties for a total of
$5.8 million.
In response to our growing concern for health effects associ-
ated with ground level ozone or "smog," we successfully
enforced against sources that emit volatile organic compounds.
Our dedication to firm, but fair enforcement continues. While
we would prefer to reach agreement through negotiation, we
have this capacity and the commitment to enforce environ-
mental statutes whenever necessary.
We continue to fight the battles to protect the region's natural
resources most visibly the cleanup of Boston Harbor and
the preservation of Sweedens Swamp. These campaigns are
symbols of our resolve to defend irreplaceable resources
throughout New England.
The Boston Harbor cleanup consists of a series of tasks that
will take some years to complete. Last year, several significant
steps in the long, often politically contentious, journey were
taken. The Massachusetts Water Resources Authority selected
Deer Island as the site for the new wastewater treatment plant,
and the governor and the mayor of Boston pledged to relocate
the prison now located there. At the end of the year, EPA
and the Commonwealth jointly issued a new permit for the
proposed secondary treatment facility and the combined sewer
overflows yet another critical step towards the cleanup.
Meanwhile, the federal court continues to closely monitor
progress as a result of the suit we and the Conservation Law
Foundation filed.
One of our greatest challenges is not only to steward our nat-
ural resources for today, but to safeguard them for tomorrow.
As our conservationist President Theodore Roosevelt wrote,
"We behave well if we treat our natural resources as assets
which we must turn over to the next generation increased,
and not impaired, in value."
Wetlands and groundwater are two such resources. In 1986
we stopped the unnecessary destruction of Sweedens Swamp
in Attleboro, Mass, by vetoing the proposed permit to fill a
wetland for a shopping mall. This decision sets a national
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precedent. It served as the catalyst for a number of activities
that now provide broader protection for New England's
wetlands, including a process to identify sensitive wetlands
before they are endangered.
The advanced identification process is similar to sole source
aquifer designations and the emerging wellhead protection
program. In both cases, our aim is to prevent contamination of
critical groundwater areas, rather than react once pollution has
occurred.
In 1986, as our environmental protection agenda expanded, we
responded with new initiatives. For example, we developed a
strategy to deal with lead contamination of urban soil that will
include demonstration cleanups, enforcement and community
relations. We also initiated a leaking underground storage tank
effort that snared several violators in 1986.
Last June, I hosted the first annual meeting of New England's
commissioners of environmental protection, public health and
agriculture at the Northeast Regional Environmental Public
Center. This meeting was the first of its kind in the country
and holds great promise for long-term cooperative ventures
between agencies with an increasingly shared mission.
In 1987, we will incorporate a risk reduction perspective into
our decision making to help assess and manage risks across
media. Since Congress enacted media specific statutes, we
are directed to address pollution media by media rather than
holistically. This orientation too often resulted in solving one
pollution problem while creating another. However, we clear-
ly are no longer in the business of simply moving pollution
around we are in the business of managing risk.
We must seek new ways to integrate environmental public
health efforts across all levels of government and encourage
individual participation as well. While the axiom "think
globally, act locally" still holds true, the time is fast
approaching when EPA must also act globally. We can no
longer avoid dealing with such challenges as the depletion of
the ozone layer and global warming trends.
Closer to home, pollutants such as smog will require regional
as well as local initiatives. New England's smog is part of a
larger air transport issue which plagues much of the Northeast
Corridor. Smog control will require a departure from our
traditional state-by-state approach, and will necessitate closer
cooperation with our counterparts in the New York and
Philadelphia regions.
However, as we increasingly broaden our attention span across
regions and across the globe, we must not lose sight of the fact
that our Congressional delegation, our citizens and our state
partners are key players. Without their continued efforts, our
pollution problems here at home simply cannot be solved.
Another goal for 1987 will be to expand the use of negotiation
and consultation with an ever-widening range of representa-
tives from all segments of our society. While striving to
accomplish that, we will steadfastly continue to enforce our
nation's environmental statutes.
This "Year in Review" covers a variety of EPA and state
activities. However, it is only the tip of the iceberg. Most of
our work is conducted with little fanfare by dedicated public
servants in EPA and state agencies. Everyday these scientists,
lawyers, engineers and environmental specialists write enforce-
ment orders, manage environmental cleanups and respond to
emergency situations. Their contributions are significant as
individual actions, and when combined have the cumulative
impact of a regional environmental, public health protection
strategy one that in my judgment is working.
I'm pleased with the job that we together are doing to protect
our New England environment. However, we must never rest
on our laurels. President Eliot of Harvard once said, "A good
past is positively dangerous, if it makes us content with the
present and so unprepared for the future." We have made
progress in protecting our natural resources and public health,
but the challenges which now confront us hardly leave room
for contentment.
To prepare for the future to leave New England's natural
resources better guarded and public health better protected
is our common cause. I look forward to working with you in
the coming years to accomplish just that.
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Paul G. Keough
Deputy Regional Administrator
A
s deputy regional administrator. I am responsible for
the day-to-day operations of the regional office. 1 help
to resolve resources issues and to administer a S17
million regional operating budget.
People are the backbone of the organization, and perhaps my
most important job is to serve as national chair of EPA's
Human Resources Committee set up by Lee Thomas. I also
head a regional human resources development program. The
goals include developing new and better ways to recruit and
retain able staff, train our employees and open up new career
opportunities.
At the regional level, four branch chiefs temporarily changed
places in 1986 to broaden their managerial perspectives. The
program also offered a year-long management training course
for all supervisors and initiated a human resources and affirm-
ative action needs assessment program.
1 continued the role assigned to me by the regional adminis-
trator as coordinator of the regional enforcement efforts. If
people are the backbone of the organization, enforcement is the
measure of achievement of environmental goals. I work as a
liaison between the programs and the regional counsel's office.
I track the enforcement targets to ensure the regional office
reaches its goal. In addition, I work with the EPA criminal
investigators and see they are unhampered in their tasks.
In 198ft, EPA's New England office increased the number of
civil referrals, criminal cases, administrative orders and
penalties collected. The nation's first criminal conviction for
violations of asbestos removal regulations sent a building
wrecker to prison and cost him a substantial fine. The region
recorded the first criminal conviction for violation of industrial
pretreatment regulations under the Clean Water Act and a
Rhode Island boat builder was indicted on 46 counts for vio-
lation of a long list of environmental statutes.
The regional office has kept pressure on industry and munici-
palities to meet and maintain air and water pollution control
standards and safely manage hazardous waste. The national
municipal policy calls for achievement of secondary treatment
of municipal sewage by 1988. Compliance schedules are issued
to those municipalities that are not expected to meet the dead-
line. Special enforcement efforts in 1986 also were directed
at volatile organic compounds from solvents in the coating
industry and from automotive fuels, both of which are precur-
sors of ground level ozone (smog). The region continued its
strong drive for recovery of hazardous waste cleanup cost from
responsible parties and achieved some landmark settlements.
In my role as liaison between the regional office and the state
environmental secretaries. I try to \\ork out problems that can
occur and see that commitments are met. As a key official in
resource allocation. I worked with our Superfund staff to main-
tain the momentum at hazardous waste site cleanups while the
Superfund statute underwent reauthorization. The lengthy
reauthorization process caused a program slowdown, forcing
the region to put its diminished resources where they would do
the most good.
During most of 1986 1 was lead deputy regional administrator
for groundwater protection. This is interdisciplinary, combining
the Clean Water and Safe Drinking Water acts and pesticide
and hazardous waste regulation. Late in the year I became the
agency's lead deputy regional administrator for management
issues.
This year the regional office allocated special resources for the
following: a detailed study of lead in soil which is blamed for
some central nervous system disorders in pre school children:
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corrective action at hazardous waste facilities in accordance
with the Hazardous and Solid Waste Amendments of 1484;
and the Cape Cod Aquifer Management Program, a pilot
project to demonstrate intergovernmental collaboration to
protect groundwater.
In addition. I headed a task force studying the environmental
impact of trash incinerators. More and more incinerators are
coming on line as overtaxed landfills are closed. The agency
must be ready to answer growing public concern over possible
toxic emissions.
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Louis F. Gitto
Director
The Air Management Division
works on air pollution abate-
ment, pesticide controls,
regulation of toxic substances
and coordination of environmental
radiation issues. The regional office
makes direct grants to states, whose
actions have the force of federal law.
These grants also allow the states to
provide technical assistance.
Ozone
Ground-level ozone, or smog, is one of
the most serious problems facing the
New England region. It is a highly
reactive, oxidizing gas which irritates
the respiratory tract, exacerbating
existing problems or decreasing lung
functions. While atmospheric oxygen is
a molecule comprised of two atoms,
ozone has three. Thus, it is less stable
and more reactive.
Ozone is formed in the atmosphere when
volatile organic chemicals (VOCs) mix
with nitrogen oxides in the presence of
sunlight. Ground-level ozone should not
be confused with the upper atmospheric
and stratospheric ozone. The latter
shields the earth from harmful, ultra-
violet solar rays.
Ground-level ozone is caused by a
broad range of human activity, includ-
ing evaporation of solvents in the paper
and textile-coating industries and
evaporation of paint solvents, motor
vehicle exhaust, petroleum refining and
distribution. To achieve nearly complete
fuel combustion for automobiles, EPA
requires that cars install exhaust recir-
culation devices and catalytic converters.
Motor vehicles are responsible for nearly
half the smog in the lower atmosphere.
VOCs from painting and coating opera-
tions are reduced through incineration,
reclamation, or elimination of organic
solvents.
Once the warm weather arrives, there
are additional sunny days and increases
in temperature that promote ozone con-
version. Thus, there is an abundance of
smog in summer and early fall.
Connecticut, Massachusetts, Rhode
Island and parts of New Hampshire
and Maine are "nonattainment" areas,
reporting smog levels higher than the
national ambient standard that occur
more than twice a year. Some of the
smog is transported from New York.
New Jersey and other mid-Atlantic
states by prevailing southwesterly
summer winds.
Of New England's population of six
million, approximately two million
suffer ill effects from ozone. Half are
healthy people who can't breathe as well
and become less productive and active.
The other half are those with respiratory
ailments who are so sensitive to smog
that they are often incapacitated by it on
very bad days. Recent evidence indicates
that adverse effects are measureable
even at the national standard of .12 parts
per million often exceeded in the late
summer and fall. Animal experiments
indicate that repeated exposure may
leave permanent scarring on lung tissue.
Ambient ozone has been shown to re-
duce crop yields by up to 33 percent in
the eastern United States where smog is
accompanied by high humidity. Damage
to white pine in the eastern United States
has been demonstrated at smog concen-
trations of .08 parts per million (ppm)
or more. It is becoming recognized as
ranking with acid rain as a crop and
forest growth inhibitor. Although the
exact causes and nature of forest decline
are not well understood, smog may play
a significant role in the problem.
The region is far from reaching its goal
of attaining the .12 ppm standard for
smog by the end of 1987. In New
England, the four highest ozone readings
over the last three years range from .23
ppm in New London. Conn, to .13 ppm
in Portsmouth, N.H. Even remote
Arcadia National Park and Deer Island
in Maine record .13 ppm.
Thanks to emission controls on 30
common industrial processes and motor
vehicles, some progress has been made.
Examples of the 30 common sources
for which emission levels and control
measures have been predetermined
include coating and painting, petroleum
refining, storage and distribution,
graphic arts, degreasing and natural gas
processing. Because the national VOC
emission limits developed for 30 com-
mon stationary sources do not apply to
many less common ones, the regional
office required that three states,
Connecticut. Massachusetts and Rhode
Island include these less common
sources in their control plans. The plans
call for determination of control
measures tailored to each source emit-
ting at least 100 tons per year. The
source is required to propose control
measures to the state for approval and to
adopt them when approved. Maine and
New Hampshire, where the problem is
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less severe, and is caused primarily
by ozone transported from out of state.
have only adopted regulations for the 30
common source categories.
During 1986 the regional office issued
15 formal notices of violation to facilities
exceeding VOC emission standards.
Four civil cases seeking compliance
with VOC standards were referred to
the U.S. Department of Justice for pro-
secution. At the same time, the office
and the New England states conducted
70 inspections of VOC-emitting
facilities.
public health and environmental
agencies, and the news media.
The region's Office of Government
Relations has induced newspaper guest
editorials by members of the congres-
sional delegation and also stirred interest
among governors and municipal
officials.
The regional Office of Public Affairs
mounts an annual campaign to get ozone
information included in weather fore-
casts during the summer. Air man-
agement personnel were interviewed
by journalists for articles including a
One of the notices of violation was
issued to General Motors' automobile
painting facility in Framingham, Mass.
The facility has emitted up to 85 percent
more VOCs than the legal limits for this
industrial category since it opened in
December 1985. GM plans to replace the
painting facility in the near future and
come into compliance.
Enforcing ozone standards across the
region and the nation is difficult. This
has prompted the regional office to
adopt an ozone communications
strategy. The Air Management Division
meets quarterly with environmental and
industrial groups and has obtained a
grant to sponsor an ozone conference at
the Northeast Regional Environmental
Public Health Center in 1987. The
audience will include the agricultural.
feature article in the New York Times
this summer, and by several New
England radio stations.
The region has taken a strong stand
in favor of addressing ozone transport
along the Northeast corridor from
Washington, D.C. to Maine, treating it
as a single air basin. The regional office
was successful in having headquarters
concur with establishing a regional
oxidant modeling project for the North-
east corridor. The project will analyze
the transport problem, providing a
better scientific base for future control
strategies.
In 1987 the office will work with both
headquarters and EPA offices in New
York and Philadelphia to develop a work
plan for 1988 to 1990. In addition, ozone
monitoring by the states will be stepped
up in the summer of 1987 with additional
coastal ozone monitoring sites in Maine
at Cape Neddick and Port Clyde, Scit-
uate. Mass., and Concord and Ports-
mouth, N.H., in order to to get a better
grasp of ozone transport patterns. Also,
EPA plans to set up an ozone monitor at
its regional laboratory in Lexington,
Mass.
Mobile sources are responsible for
nearly half the VOC emissions. VOC
emission reduction from mobile sources
is largely achieved by controls on cars
and light trucks. Exhaust gas recircu-
lation and catalytic converters combine
to bring the combustion of gasoline near
completion, leaving only traces of
unburned VOCs. Both devices serve
to reduce carbon monoxide.
Two of the region's states with severe
ozone violations, Connecticut, and
Massachusetts, have annual state
emission control inspections as part of
their regular safety inspection. New
Hampshire adopted an annual state
inspection effective September 1987 to
meet carbon monoxide standards. The
purpose is to flag those vehicles which
have had their controls tampered with
or which are in need of tuneups.
An inspection report on a failed vehicle
tells the motorist what repairs may be
needed. There is a ceiling on the cost of
repairs that may be imposed as a condi-
tion of continued registration. A 1985
EPA survey revealed that tampering had
occurred nationally in 20 percent of the
cars built with emission controls. That
figure was far lower in states conducting
inspections and lower for newer cars
and trucks. Anti-tampering programs
resulted in even greater reductions. The
programs inspect emission control
equipment and gasoline tank fuel inlet
restriction. The latter are often enlarged
by drivers who want to use the larger
nozzles. Cheaper leaded gasoline pumps
are equipped with such nozzles. Leaded
gasoline damages and eventually renders
ineffective the catalytic converter. This
may cause a 500 percent increase in
VOC emissions.
Testifying in 1986 in favor of the pro-
posed renewal of Connecticut's inspec-
tion program, EPA witnesses said it
was one of the best in the country.
They suggested that an anti-tampering
inspection be added to the existing
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tailpipe inspection. Currently, anti-
tampering inspection takes place only
on vehicles that fail the emissions test.
Mobile Source Enforcement
The regional office uses mobile source
inspections and public information to
combat tampering with emission
controls and misfueling with leaded
gasoline. The region supplements EPA
headquarters' inspections, using staff of
the regional technical support branch and
one or two workers employed under a
contract with the American Association
of Retired Persons to do more than 800
inspections per year.
EPA randomly inspects automobile
repair shops, filling stations, dealers and
private and government fleet operators.
Tips received through a toll-free hotline
also trigger inspections. Advertisements,
brochures, fact sheets, the "Tailpipe"
newsletter, presentations to dealer
associations, and presentations at car-
care fairs are public education efforts
initiated by the regional office. In 1987
the team will help newly established
anti-tampering programs in Maine and
New Hampshire.
It will try to enlist the support of muni-
cipal weights and measures inspectors
who already inspect gasoline pumps as
part of their regular duties. In 1985
and 1986, EPA headquarters issued 30
notices of violation as a result of the
region's inspections with proposed
penalties of over $300,000.
How You Can Help Reduce
Ozone and Stay Comfort-
able in Ozone Episodes
Carpool or take public transportation,
especially when ozone episodes are
predicted. Keep your car tuned. Don't
accelerate. It wastes fuel and releases
more oxidents, thereby increasing the
ozone level. Fill your tank the evening
before a predicted ozone episode.
Escaping vapors add to ozone forma-
tion. Use water-based paints whenever
possible. Dispose of solvents properly,
following local board of health instruc-
tions. Keep solvents, degreasing com-
pounds and other chemicals in closed
containers.
For your comfort during ozone episodes,
stay indoors if you have any respiratory
or cardiovascular ailments. Limit heavy
exercise and running to the early morn-
ing before ozone levels rise.
Indoor Air Toxics
Indoor pollution has come to be recog-
nized as potentially more harmful to
your health than the contaminants that
taint the outdoors.
Radon is a colorless, odorless, radio-
active gas found in soil and groundwater,
especially in New England's granite rock
formations. It is a product of the radio-
active breakdown of naturally occurring
radium. It is blamed for an estimated
5,000 to 20,000 deaths per year nat-
ionally from lung cancer. It is present
in an estimated eight million American
homes in dangerous concentrations.
EPA is addressing this problem with
research, public education and state
assistance in pinpointing those homes
where radon presents a serious health
risk. This winter the agency provided
Rhode Island and Connecticut with
granulated activated carbon cannisters
for radon detection. Next winter. New
Hampshire and Massachusetts will
receive similar assistance for radon
screening.
A $3 million EPA research project
produced, among other results, a book-
let called "Radon Reduction Methods, a
Homeowner's Guide." This booklet and
"A Citizens Guide to Radon" are avail-
able upon request from EPA. The agency
is sponsoring research at the University
of New Hampshire on radon removal
methods from public water supplies.
Also, research at Maine Medical Center
about cancer incidence in zones of high
radon is ongoing. A regional office
workshop in January 1986 concluded that
the problem in New England was far less
severe than in the Reading prong area in
eastern Penn- sylvania, but still needing
attention. EPA's regional staff have
begun quar- terly information exchange
meetings with radon coordinators from
each state.
In addition, an early 1986 survey
indicated that state health agencies
generally took responsibility for state
radon concerns. It found they were also
addressing other typical indoor air
pollutants like formaldehyde, carbon
monoxide and asbestos in homes and
workplaces.
These agencies expressed interest in
EPA-sponsored information workshops.
The first of these was held in July. It
covered health effects and current
research along with a review of possible
regulations under consideration at the
national level.
Asbestos
Asbestos fibers are known to cause
cancer in humans when inhaled or
ingested. EPA's National Emission
Standards for Hazardous Air Pollutants
(NESHAPS) call on building owners and
contractors to give advance notice of
demolition and renovation jobs where
asbestos removal occurs, to observe
work rules and to dispose of waste
asbestos safely. EPA's regional office
conducted several seminars in 1986 to
inform contractors of their obligation.
EPA headquarters funded a continuing
Asbestos Information Center at Tufts
University.
The regional office received approx-
imately 300 notices per month from
owners and contractors planning
renovation or demolition projects in
1986. Field personnel conducted 84
inspections at the project sites during
1986, resulting in 24 letters demanding
compliance, 23 administrative orders.
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two temporan restraining orders, four
civil referrals and one criminal referral
to the U.S. Department of Justice.
Asbestos in Schools
Since June 1983 when regulations went
into effect, the regional office has
inspected 1,824 schools. In 1986 EPA
enforcers issued 50 administrative
complaints and assessed penalties of
more than SI million for asbestos viola-
tions. Schools are required to inspect
for friable (crumbling) asbestos, notify
parents and employees and keep records
of inspections and notices.
Two inspectors under contract with
the American Association of Retired
Persons work full time on inspections
and case development. Technical
assistance has been given to the schools
since 1979. In 1985 and 1986. EPA
awarded more than $435,000 to the New
England states to establish training and
certification of inspectors and skilled
asbestos workers, along with loans and
grants to schools lacking sufficient funds
to remove or seal crumbling asbestos.
Rhode Island, Vermont and Connecticut
started certification, and Massachusetts,
New Hampshire and Connecticut were
expected to start soon.
The region's responsibility will be
expanded in the fall of 1987 when the
New Asbestos Hazard Emergency
Response Act of 1986 goes into effect.
EPA regulations are now being pre-
pared. They will spell out standards for
asbestos abatement and reinspection of
buildings containing asbestos. They will
establish a model accreditation plan for
inspectors and asbestos abatement
workers.
Polychlorinated Biphenyls
The manufacturing of polychlorinated
biphenyls (PCBs) was discontinued in
1977 when they came under strong
suspicion of being carcinogens. Millions
of gallons remain in use as fire-resistant,
coolants in transformers and capacitors
used in industry and commercial
buildings.
The Toxic Substances Control Act spells
out safe marking, storage and disposal
methods to prevent their release to the
° environment. About 300 inspections
each year by the regional office and by
state personnel in New Hampshire and
Connecticut resulted in 17 civil com-
plaints and 38 notices of non-compliance
with PCB rules. In addition there were 16
state enforcement actions in Connect-
icut. More than $350,000 in penalties
were assessed against violators.
The regional office is responsible for
monitoring mobile equipment used for
on-site chemical destruction of PCBs, a
technique adopted nationwide to sup-
plement incineration and landfilling as
options for PCB disposal.
for multi-year state plans to do so.
Connecticut has adopted regulations
for 850 pollutants for which "hazard
limiting values" will be set, risk
assessments performed and ambient
standards adopted.
Maine has developed a chemical priority
list and appointed a science advisory
panel to recommend ambient levels. In
the interim, occupational levels are used
to set ambient guidelines. New Hamp-
shire and Vermont have adopted interim
guidelines also based on occupational
levels. Massachusetts has developed a
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Air Toxics
Section 112 of the Clean Air Act requires
EPA to list and establish emission
standards for all air pollutants which
may cause irreversible or incapacitating
illness. Standards have been set for
asbestos, berylium, mercury, vinyl
chloride, benzene, and radionuelides.
EPA has proposed emission standards
for arsenic and has listed coke oven
emissions and methlenechloride.
Notices of intent to list cadmium.
chromium, 1, 3 butadiene and six chlor-
inated hydrocarbons were published late
in 1986. Based on health effect studies,
EPA decided not to list manganese,
toluene, polycyclic organic matter and
seven other chlorinated hydrocarbons.
States are in a better position to deal
with certain air toxics because of sharply
differing local conditions and usage.
EPA has developed guidance and funds
method for evaluating acute and chronic
toxicity, mutagenicity, carcinogenicity
and developmental reproductive toxicity,
and is prepared to apply this to
occupational levels to set ambient
standards. Rhode Island has proposed
regulation of 40 toxic chemicals in
widespread use. Users
of these chemicals will have to register
with the state, and those posing the
greatest health risk will need permits
with limits on emissions. Rhode Island
and Vermont are focusing on dioxin and
other potentially hazardous emissions
from waste incinerators. The office
sponsored several workshops in 1986 on
ambient air toxics and contributed to risk
assessment studies of perchloroethylene
and trichloroethylene by the North-
eastern States for Coordinated Air Use
Management.
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Pesticides
The Office of Pesticides and Toxic
Substances in 1986 began reviewing
state programs for the certification
of pesticide applicators and the state
training of applicators to keep pace with
new technology and regulatory changes.
At the same time, state inspections of
pesticide users and producers resulted in
1,184 inspections, 307 warning letters, 48
license actions and 22 penalties during
the year, a sharp increase over 1984 and
1985. Much of this activity resulted from
Maine's tracking the illegal distribution
and use of the weed killer Fusillade by
109 potato farmers. Also, the region
issued notices of intent to deny registra-
tion to 53 pesticide producers for
neglecting to report production during
1985 as required.
Acid Rain
Final results of an eastern lakes survey
conducted in 1984 were released in June
1986, revealing that nine percent of the
lakes in the Northeast have pH levels
below the critical 5.5 which impairs
biological productivity. Another 20
percent show extremely low buffering
capacity, indicating that a small incre-
ment of acid deposition could result in
a sharp drop in pH. Any pH reading
below seven is acidic.
National funding for acid rain research
has risen from $33 million in 1984 to
$65 million in 1985 and $85 million in
1986 the same figure expected for
1987. Almost $2.2 billion has been spent
on clean coal technology, and another
$700 million is allocated for the same
purpose between 1986 and 1991.
Under the $3 million State Acid Rain
Program (STAR), about $565,000 has
gone to New England. The Northeastern
States Committee on Combined Air Use
Management (NESCAUM) is evaluating
sulfur dioxide control technologies,
studying emissions management plans.
and promoting information exchange
between state and public utility officials.
Connecticut conducted a model study of
how the public and industry could
contribute to strategy development.
Massachusetts and New Hampshire
studied strategy development, emission
control strategies and the impact of
various control technologies. Vermont
studied emission inventories and
maintenance of low emission levels.
Massachusetts and New Hampshire
have adopted legislation capping sulfur
dioxide emissions and setting targets for
future emission reductions. Maine also
passed an emissions cap.
Fusillade Case Study
A far-ranging investigation was launch-
ed by the Maine Board of Pesticides and
EPA Region I after the board learned the
herbicide Fusillade was being used on
potato fields, which is not a registered
use. EPA provided supplementary
funding to the board and provided a list
of distributors to whom Fusillade had
been shipped by the manufacturer. The
board investigated the purchasers to
learn if Fusillade had been used on
potatoes. Potatoes were tested by the
Food and Drug Administration for illegal
residues. The upshot was that civil action
was taken against 109 users and three
dealer outlets. Users were assessed
penalties of $100 to $600 and signed
consent agreements not to use Fusillade
again. The dealers were assessed
penalties of S750 to $4,000 and eight of
their employees were required to attend
a training program administered by the
state and EPA. Maine settled all the
dealer cases and 101 of the user cases.
The FDA detected no residues, and the
crop did not have to be embargoed.
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Waste Management Divisioi
Merrill S. Hohman
Director
The Waste Management Division
administers two federal pro-
grams, one to clean up hazardous
waste sites resulting from im-
proper management in the past and the
other to establish "cradle to grave" safe
management now and in the future.
The Comprehensive Environmental
Response, Compensation and Liability
Act. known as Superfund. was enacted
in 1
-------
Superfund became law in 1980, the
number had grown to 17. A separate
waste management division was estab-
lished for the first time in 1982.
The aim of the reorganization has been
to address waste management within
each state through integration of the
three programs Superfund, RCRA,
and Enforcement. This allows the
agency to focus on the unique nature
of each state and maintain a balance
among states. It encourages staff to
use the statute which best suits the
problem at a site or facility. Through
reorganization, site management
becomes an integrated process with
Superfund-site cleanup managers,
RCRA permit writers and enforce-
ment staff on the same team.
This year, integration was expanded
through establishment of the New
England Waste Management Organ-
ization Association (NEWMOA) with
funding and staff support from the
division. NEWMOA held technical and
management meetings throughout the
year for federal and state personnel to
exchange ideas and information about
environmental regulations and technical
issues.
Another refinement introduced in 1986
was improving searches for potentially
responsible parties who polluted sites.
The division set up a special team to
find and to establish contact with those
parties. The 1986 Superfund reauthor-
ization simplified the government's cost
recovery process, especially from small
waste generators which can number in
the hundreds at a given site. Early iden-
tification of these potential responsible
parties speeds the cleanup process.
In New England 1,381 hazardous waste
sites have been discovered. Preliminary
assessments had been done at 84 percent
of these sites by the end of 1986. Site in-
spections by EPA or the states have been
done at 21 percent of them. If further
action is needed, the state or EPA eva-
luates the risk to humans and the envi-
ronment. A numerical score is calcu-
lated according to the hazard ranking
system and the most hazardous sites
are listed on the national priorities list
(NPL). New England has 58 sites on
the NPL.
The division has started cleanup studies,
known as remedial investigation and
feasibility study (RI/FS), at 66 percent
of the NPL sites. Some complex sites
are broken down into "operable units,"
permitting a phased cleanup. For
example, steps are taken to control
the source of contamination, leaving
groundwater restoration for a later time.
The division has started remedial
investigations and feasibility studies at
44 "operable units" at 38 NPL sites.
Figure 2
Superfund's authority expired in
December 1985. Until the new statute.
the Superfund Amendments
Reauthorization Act (SARA), was
enacted in late 1986. the division relied
upon carry-over funds and a series of
interim funding measures (figure 2).
While these monies kept the program
going, planning was impossible. No new
remedial designs or remedial actions
began in 1986. Funds could be used only
at those sites which already had studies
Superfund Expenditures in Region 1:1983 -1986
20
15
W////////A
TD
C
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potentially responsible parties and the
affected public living near a site. All are
essential participants in a balanced,
quality study. Coordinating all interests
is time consuming.
Finally, design of the selected remedy
can take six months to a year. The
remedy itself, containment or removal,
may take up to three years to imple-
ment, or even decades if the remedy is
to pump and treat groundwater.
The waste management system pre-
scribed by RCRA and the amendments
of 1984 calls for waste generators to
notify the government for permits for
treatment, storage and disposal facilities
and for a manifest system to track waste
on the way to final, safe disposal or
destruction.
RCRA also encourages waste reduction.
The 1984 amendments under the title
of Hazardous and Solid Waste Act
(HSWA) set timetables for issuance of
RCRA permits, mandated corrective
action to stop hazardous waste releases
and established a special permitting
process to encourage alternative treat-
ment technologies. It requires EPA to
develop a process to prohibit certain
untreated wastes from land disposal and
to curb leaking underground storage
tanks.
EPA and the states regulate 8,210
hazardous waste generators in New
England. As of December 1986. they
regulated 506 treatment, storage and
disposal facilities. Four of the six New
England states have received author-
ization to take over the RCRA program.
The fourth state. Rhode Island, was
authorized in 1986. Decisions are
expected in 1987 on authorizations for
Maine and Connecticut. Figure 3 shows
the amount of state grants issued by EPA
since 1980 for permitting, inspections
and enforcement. The states are required
to add a matching amount equal to 25
percent of the federal grant.
The HSWA amendments set deadlines
for "grandfathered" treatment, storage
and disposal facilities to receive their
final permits, starting with land disposal
facilities in November 1988. At the same
time, HWSA required "grandfathered,"
or interim status, land disposal facilities
12 to submit final permit applications and
Figure 3
RCRA Federal Base Grants : 1980 -1987
1980
1981
1982
Legend:
1983 1984
Fiscal Year
\ '////. w///, w" ~ "-
1985
1986
1987
VT
Rl
NH
MA
CT
Note: Does not include State match or bonuses
Source: Ken Blumberg, Waste Management Division
certify compliance with groundwater and
financial responsibility requirements by
November 1985. The federal strictures
forced 28 land disposal facilities, mostly
private disposal sites used exclusively
by the waste generating industry, to
shut down, leaving 109 regulated land
disposal sites in New England.
Several research, development and
demonstration permits came under
special review in 1986 and will be pro-
cessed expeditiously to permit early
testing of innovative and experimental
technologies. In another HSWA
initiative, the division started during
1986 to survey licensed facilities to
determine where corrective action must
be taken to stop releases of hazardous
waste to the environment. Facilities will
be ranked according to "environmental
insignificance". EPA will conduct
assessments at the priority facilities and
issue a corrective action permit. The
ranking formula for corrective action is
very similar to that for Superfund sites.
EPA conducted 24 inspections and the
states conducted 137 inspections for
compliance with RCRA permit or
interim status requirements in 1986. The
states issued 67 administrative orders,
and EPA issued eight. The agency
assessed a total of $387,700 in fines and
filed seven civil cases in federal court on
behalf of state agencies.
The New England office began the first
civil cases in the nation against three
Connecticut land disposers who refused
to shut down despite failure to comply
with groundwater protection and
financial responsibility requirements for
retaining interim status.
The office issued $272,000 in grants for
special projects to help small quantity
generators, those producing between 100
kilograms and 1,000 kilograms of
hazardous waste per month. One grant
went to the Cape Cod Planning and
Economic Development Commission for
compliance instruction to small business,
establishment of a regional data base on
hazardous waste and assistance in waste
volume reduction. The Cape Cod project
includes "milk runs" to pick up waste
from small quantity generators on a
regular schedule. Special project grants
will be available again in 1987 to carry
on this and other projects.
Recent estimates indicate about 150,000
underground storage tanks at 50,000
sites in New England. Although potent-
ially dangerous, they cannot be regulated
in the same way as hazardous waste
facilities. Compliance must be largely
voluntary. Five New England states had
regulations in place by the end of 1986
-------
and a sixth, Vermont, is expected to put
regulations in place early in 1987.
EPA issued $120,000 in grants to each
state to manage state notification
programs in which tank owners and
those who owned tanks taken out of
service in the previous 10 years notified
the state about their tanks.
Federal regulations on leak detection,
leak prevention and other controls
should be in place in 1988. Meanwhile,
the New England states are leading the
way. EPA will use their experience in
designing the federal regulations. The
New England Interstate Water Pollution
Control Commission, a consortium of
water pollution control agencies, is one
of the first multi-state coordinating
committees to focus on underground
tank leaks. EPA headquarters selected
the commission as the national coordin-
ating group. The New England office
has started three enforcement actions
against tank owners who failed to
comply with the federal interim prohib-
itions regarding new tank installation.
Fighting Lead Three Ways
Lead in the soil is one of the most pervasive toxic substances
in the environment, contaminating air, drinking water and soil.
EPA is attacking the lead poisoning problem on three fronts.
Effective in January 1987, the agency reduced permissible lead
content in gasoline by 90 percent, to an infinitesimal .1 gram per
gallon. Lead in gasoline will be completely eliminated in 1988.
Recently, EPA proposed that the maximum contaminant level
(MCL) in drinking water be reduced from 50 milligrams per liter
(ug/l) to 20 ug/l. While no standard has been adopted for lead in
soil, the Centers for Disease Control (CDC) has confirmed a
correlation between moderate levels of lead in soil and elevated
levels of lead in the blood of children who are exposed to this
soil.
The new Superfund reauthorization contains provisions spon-
sored by two New England senators to reduce soil exposure of
children to lead in soil. Sen. Lowell Weicker's amendment calls
for a national survey to be conducted by the Agency for Toxic
Substances and Disease Registry (ATSDR) and EPA. The
report will examine the nature and extent of the lead problem
in the United States, using the Superfund hazard-ranking
system and identifying gaps in existing statutory framework.
Sen. Edward Kennedy added an amendment calling for $15
million for soil cleanup at one to three demonstration sites.
EPA legal and technical staff developed information and pro-
vided technical assistance to legislators and policy makers
based on findings by the Boston Office of Environmental Affairs
and the Environmental Services Division's laboratory analyses.
The Boston survey, conducted between June I984 and May
I985, covered 80 percent of the city's children under six, the
age group most susceptible to lead poisoning. About 1,500 of
them showed blood levels of 25 micrograms per deciliter or
more. The CDC recently reduced the standard from 30 micro-
grams to 25 based on evidence that adverse health effects are
associated with the lower level of toxicity. In 1978 the standard
was 50 micrograms.
Lead poisoning causes central nervous system dysfunction
affecting intelligence, behavior control and motor coordination.
There is evidence that blood levels even below 25 micrograms
may result in permanent loss of learning ability and behavior
control.
The Boston report identifies 28 hot spots in the city, covering
about 2.7 square miles in aggregate where lead in soil concen-
trations average 2,000 parts per million. While no standard has
yet been adopted, CDC's level of concern is 500 to 1,000 parts
per million. By comparison, the average concentration in the
remaining 47 square miles of the city is 600 to 700 parts per
million.
While only five percent of the children live in these hot spots,
about 30 percent of the lead poisoning was reported among
children in these areas. In each of the hot spots more than one
child in four was found to have blood levels of 25 micrograms
per deciliter or more.
The principal source of lead in soil is believed to be lead paint
which has fallen or been chipped away from the walls of
wooden houses. Exhaust fumes from vehicles using leaded
gasoline may also be partly responsible. It is not necessary for
a child to play in contaminated soil to be exposed, because this
soil may be tracked into houses on shoes or blown in by the
wind, even though all interior lead paint has been removed.
Lead in soil translates to lead in dust.
In order to pinpoint the immediate cause of lead in blood, EPA
has awarded a grant to the University of Massachusetts at
Amherst for a lead isotope ratio analysis. This is a technique
which enables researchers to fingerprint the sources of
exposure of children.
Because the lead used for paint pigments and the lead used
for tetraethyl lead to boost the octane rating of gasoline are dif-
ferent isotopes of the base metal, they can be fingerprinted.
Analysis of blood samples will reveal the ratio of lead that is
traceable to peeling paint and that is due to motor exhaust.
It is hoped that removal of contaminated soil from the demon-
stration areas can begin in the summer of 1987. The demon-
stration project is the first step on the road to developing
sensible public policy strategies for a public health problem
of great concern to New England.
13
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David A. Fierra
Director
The Water Management Division
administers federal programs tor
water pollution control and
abatement, drinking v, ater protec-
tion and for protection of the marine
environment. The division also evaluates
the environmental impacts of EPA's and
other federal agencies' actions covered
by the National Environmental Policy
Act. The following report describes
progress during 1986 with emphasis on
the Boston Harbor cleanup, groundwater
protection, wetlands protection, control
of toxic water pollutants, protection of
the marine environment, and enforce-
ment of water laws, including the
National Municipal Policy.
The Clean Water Act
During 1986 the New England office
provided more than S13.6 million in
federal assistance to state governments
for water pollution control, water qual-
ity management, monitoring, permit
development, and enforcement and
management of"construction grants to
local governments. Total federal con-
struction grants for wastewater treatment
facilities in 1986 was SI63.5 million.
Boston Harbor
The Massachusetts Water Resources
Authority (MWRA) agreed to accept
responsibility for correction of 108
combined sewer overflows (CSOs),
which constitute a major part of raw
sewage discharges, and the New
England office issued a new permit for
secondary treatment facilities at Deer
-J4 Island and the CSO outfalls.
The permit for the treatment plant
includes limits on acute and chronic
toxic contamination and calls for the
regular testing of marine biota for
healthy survival in whole effluent.
Harbor fish are to be tested for bio-
accumulation of toxic compounds under
terms of the contested permit. CSO
treatment facilities are to be monitored
for discharges of conventional pollut-
ants, organic matter and coliform bac-
teria, plus metals, pesticides, polycyclic
aromatic hydrocarbons, volatile organic
compounds, and other pollutants. The
permit also calls for continued implemen-
tation of a pretreatment program for
industries discharging to local sewers.
The authority ended a decade of uncer-
tainty amid the frequently heated public
debate over treatment-plant siting when
it selected Deer Island. The common-
wealth committed itself to relocating the
Deer Island House of Correction as mit-
igation of the public facility's impact on
the town of Winthrop. Notable improve-
ments in the water quality of Boston
Harbor will occur during the next five
years as the operation of the primary
treatment plants at Deer and Nut islands
are upgraded and the combined sewer
effluents are treated in accordance with
the new permit.
Control Of Toxic Pollutants
As with the MWRA permit for discharge
to Boston Harbor, all other municipal
discharges with significant industrial
contribution or those receiving less than
35-to-l dilution in the receiving waters
are required to do whole-effluent toxicity
testina. In other words, marine or fresh
water biota must survive and reproduce
in the effluent.
Permits were issued to 16 industrial and
municipal dischargers on the Ten Mile
River in Massachusetts with very strin-
gent limits on heavy metal discharges.
This small river in southeastern Mass-
achusetts and Rhode Island is effluent-
dominated, ranging up to 90 percent
effluent in the dry season.
Permits and Enforcement
During 1986 EPA referred six new cases
to the U.S. Department of Justice for
civil penalties and one for criminal
penalties. Penalties assessed against
industrial polluters during the year
totaled about S1.5 million, including
approximately SI million in a criminal
case against USM Corporation in New-
Bedford, Mass. Penalties were also
assessed in smaller amounts against
Independent Plating Co. of Worcester,
Mass., Victory Plating Co. of
Providence, R.I. and Mohawk Co. of
Nashua. N.H.
In addition. EPA and the states issued 16
administrative orders to install pretreat-
ment and approved 13 other pretreatment
plans submitted by municipalities. Three
pretreatment cases were referred for civil
action and one for criminal action. EPA
and the states issued a total of 59 other
administrative orders for compliance
with permit limits for wastewater dis-
charges. Finally, the regional office
issued 40 major new permits and the
delegated states issued 91 major permits.
The regional office and delegated states
issued a total of 302 minor permits.
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Protection of The Marine
Environment
EPA Region I administers several
planning and regulatory programs to
protect New England's valuable marine
environment. The New England office
issued new permits for significant mun-
icipal and industrial discharges into
Boston Harbor and Buzzards Bay with
tightened restrictions on toxics. The
regional office is giving special attention
to reissuance of bulk fuel storage per-
mits by designing a generic permit. This
will make it possible to issue a large
number of permits with tighter restric-
tions on stormwater runoff from such
facilities at ocean ports.
The Marine Protection, Research and
Sanctuaries Act allows EPA, in conjun-
ction with the U.S. Army Corps of
Engineers, to designate dredge spoil
disposal sites in the ocean. Due to the
nature of harbors and rivers, periodic
dredging is necessary to maintain navig-
able channels. EPA and the Corps began
preparation of environmental impact
statements on interim dredge disposal
sites off Maine and Massachusetts.
Investigations have also begun through
environmental impact statements to
designate a dredged material disposal
site in Rhode Island Sound.
Ocean Discharge Waivers
Under Section 301(h) of the Clean
Water Act. coastal communities may
apply to EPA for waiver of the
secondary treatment standard. The New
England office has reviewed 39 appli-
cations as to the physical, chemical,
biological, recreational, aesthetic and
water quality impacts of less than secon-
dary treatment for municipal waste-
water. All but five applications have
been acted upon. The office denied the
301(h) application of MWRA (Boston
Harbor) and New Bedford, Mass, for
ocean disposal of sewage after primary
treatment. The remaining five applica-
tions will be acted upon in 1987.
Water Quality Planning and
Standards
EPA worked with the New England
states on the development of strategies
for the control of toxic pollutants from
point source discharges. Connecticut.
Maine and Massachusetts submitted
draft revisions of water quality
standards. EPA and New Hampshire
jointly conducted an intensive water
quality survey of the Ashueiot River to
be used for purposes of waste-load
allocation for point-source discharges.
This practice is required when a stream
cannot tolerate multiple discharges of
municipal and industrial treated
wastewater, and therefore advanced
treatment must be undertaken. It is the
first effort of its kind in New Hampshire.
Clean Lakes grants were awarded for the
restoration of Lake Buel. Whitmans
Point and Eagle Lake in Massachusetts,
Bantam Lake and Candlewood Lake in
Connecticut and Gortons Pond in Rhode
Island.
Non-point Source Controls
EPA and the states recorded substantial
progress in controlling rural and urban
runoff. Connecticut amended its regula-
tions to require best management
practices (BMPs) for runoff at industrial
and commercial sites and tightened salt
storage regulations. Maine adopted a
lakes management strategy that will
include model local ordinances and
staffing and funding recommendations
for runoff control. Massachusetts
introduced legislation to set up a state-
wide non-point source control program,
including storm-water management.
New Hampshire tightened earth moving
regulations. Rhode Island adopted a plan
for reduction of sediment, nutrient and
pesticide runoff to reservoirs and
Narragansett Bay. Finally, Vermont
legislated a permit program covering
large on-site wastewater systems as a
means of protecting headwater and other
nearly pristine streams. EPA worked
with the Soil Conservation Service and
the Cooperative Extension Service to
bring about land management practices
that will help to protect Lake Champlain
and numerous, prized recreational lakes
and fishing streams throughout New
England.
Construction Grants
(see figure 1)
Grants for the construction of waste-
water treatment facilities constitute one
of the largest intergovernmental assist-
ance programs of the federal govern-
ment. In 1986, the regional office
awarded SI63.5 million through more
than 160 grants to help local govern-
ments build treatment plants and other
facilities designed to improve water
quality. The key objectives during the
year were to achieve maximum water
quality improvement for each grant
dollar, help treatment plants to meet
technical standards, prevent waste.
fraud and mismanagement, and develop
corrective action plans at facilities not
in compliance with permits. Projects
undertaken to meet the July 1, 1988
statutory deadline for secondary
treatment took on added significance
from a priority list and construction-
schedule perspective.
Congress appropriated an additional
S60 million in 1986 under the Clean
Water Act Amendments of 1981 for
elimination of combined storm and
sanitary sewer overflows to marine
waters. Of the total, SI 7 million was
obligated for 11 projects in New
Ensland coastal communities. Six of
Figure I
Construction Grants Obligations
Oct. 1,1985 to Sept. 30,1986
Region I Total: $163.5 Million
Millions of Dollars
15
-------
these were completed in 1986. helping to
eliminate overflows to the Housatonic
Estuary (Conn.), Neponset River Estuary
I Boston Harbor). Great Bay/Piscataqua
Estuary (Maine and N.H.). and St.
George Estuary (Maine). The other five
will improve water quality off the Maine
coast near Old Orchard Beach and bring
further improvements in Boston Harbor
and Great Bay/Piscataqua Estuary.
for sustaining outstanding operations and
maintenance.
In addition to the regional award. East
Providence, R.I. received a national
award in October 1986 as one of six
outstanding treatment facilities in the
country. The national awards were
presented at the Water Pollution Control
Federation meeting in Los Angeles.
Operation and Maintenance Drinkin9 Water QualitV
Regional staff performed 101 compli-
ance inspections of municipal waste-
water treatment plants during FY'86.
Operations management evaluations
brought significant improvement in plant
management and performance. The
states, with EPA support, also provided
extensive technical and management
assistance to 84 smaller communities in
the region to improve their operation and
maintenance of sewage treatment plants.
The regional office also supported and
assisted each state and the New England
Interstate Wastewater Institute in con-
ducting classroom training and certifica-
tion of operators.
The nation has invested more than $40
billion on wastewater treatment facilities
since the Clean Water Act was enacted
in 1972. In 1986 EPA inaugurated a
program of awards for excellence in the
operations and maintenance of these
facilities. The criteria for selection are
continued permit compliance, outstand-
ing operation and maintenance, effective
financial management and ongoing
operator training.
In January 1986 the regional office
presented awards to six plant managers,
one from each state, for consistent,
outstanding plant management. This is
the start of a new incentive program.
In 1985 the office instituted an awards
program to recognize those communities
with exceptionally well-managed waste-
water treatment facilities.
The first annual awards were presented
to the staffs of the following facilities:
Meriden, Conn., Sanford, Maine,
Amherst. Mass., Waterville Valley.
N.H., East Providence, R.I., and
Lyndonville, Vt. Each of the awards
jo was based upon superior performance in
consistently meeting permit limits and
The Safe Drinking Water Act of 1974
requires public water supply systems to
meet minimum national standards set
by EPA to protect public health. The
regional office provided about $1.8
million to the New England states to
regulate these systems. The accompany-
ing chart (see figure 2) shows improved
compliance with standards forcoliform
bacteria and turbidity with one excep-
tion, a percentage point decline in coli-
form compliance in Maine. Vermont
improved its coliform compliance rate
from 79 percent in 1985 to 94 percent in
1986 and its turbidity compliance rate
from 90 to 99 percent. Maine and Rhode
Island achieved 100 percent compliance
with the turbidity standards. Rhode
Island achieved 100 percent for the third
straight year. Local surface water supply
systems that remain out of compliance
will now have to consider whether to
provide filtration or switch to other
sources.
Cape Cod Aquifer
Management Program
Four levels of government are working
out a groundwater protection strategy
for Cape Cod. The Cape Cod Aquifer
Management Project is a combined
effort of the towns of Barnstable and
Eastham. the Massachusetts Department
of Environmental Quality Engineering,
the Cape Cod Planning and Economic
Development Commission, the U.S.
Geological Survey and EPA, New
England office.
The two-year initiative began in Sept-
ember 1985 and consists of aquifer
assessment, data management and
implementation. Recommendations have
been advanced on the strengths and
weaknesses of the current operating
procedures for the protection of ground-
water through the management of land-
fills, sewage treatment plants, subsur-
face discharges and classification
of aquifers. Changes are in the process
of being implemented. Work was in
progress during 1986 on six distinct
services to local government, including
a detailed study of existing land uses and
threats to groundwater in the town of
Barnstable; guidance to local, regional
Figure 2
Percentage of Water Systems in Compliance with the Maximum
Contaminant Level for Coliform Bacteria
FY84 FY85 FY86
Connecticut 95 97 97
Massachusetts 88 92 92
Maine 94 94 93
NewHampshire 85 86 88
Rhode Island 96 97 98
Vermont 78 79 94
National Goal 93 93 93.5
Percentage of Water Systems in Compliance with the Maximum
Contaminant Level for Turbidity
FY84 FY85 FY86
Connecticut 94 93 96
Massachusetts 97 94 96
Maine 94 98 100
NewHampshire 96 97 99
Rhodelsland 100 100 100
Vermont 96 90 99
NationalGoal 97 97 97
-------
and state officials on the suitability of
specific management controls for
ground water contamination sources,
such as landfills and underground
storage tanks; and assistance to ground-
water quality managers in accounting for
nitrate loading in zones of contribution
of public water wells. Other services to
local government included, improved
water table maps in Barnstable and in
Eastham, guidance on hydrological
principles relevant to the location of
private water supplies and on-site
wastewater disposal systems, using
Eastham as an example; and guidance
for Eastham in the development of an
adequate water supply plan.
Safe Drinking Water Act
The Safe Drinking Water Act (SDWA),
enacted in 1974, requires EPA to set
standards for protecting public health
and welfare, and establishing procedures
for the state implementation of these
standards. The act authorizes EPA to
designate sole source aquifers, which
merit special federal protection from
contaminants. The SDWA amendments
of 1986 strengthened the protection of
groundwater by establishing a sole-
source-aquifer demonstration program.
and state programs to develop wellhead
protection areas with federal assistance.
The Cape Cod Aquifer Management
Program (CCAMP) is an example of the
latter. The amendments also tighten
restrictions on underground injection <>t
hazardous waste, ban the future use of
lead piping and lead solder, and set
deadlines for the regulation of additional
contaminants.
The regional office made grants totaling
SI ,833.200 to the states for public water
supply supervision and $278,000 tor
their work in the Underground Injection
Control Program. This includes
groundwater protection measures.
mapping, data systems and monitoring,
and regulation of deep wells used for
industrial temperature control. There is
limited underground injection of waste
in New England.
Bay Studies
The National Estuarine Program initiated by Congress in 1985
designated four coastal estuaries for special, comprehensive
water quality management, including Narragansett Bay,
Buzzards Bay and Long Island Sound in Region I. The fourth
was Puget Sound in Washington state. In 1986 two other
estuaries, Pamlico/Albemarle Sound, N.C. and San Francisco
Bay, Calif, were added to the program.
Studies are in progress to improve management of wastewater
treatment facilities, and urban and rural runoff. The studies will
try to understand their impact on water quality, marine life and
public health. The multidisciplinary studies involve all levels of
government, dozens of private research institutions, and groups
representing citizens and users of the bays. The studies include
review of historical data to determine the current status and
historical trends within each bay. The program will produce a
comprehensive management and conservation plan for each
bay. The Narragansett Bay study began in fiscal year 1985 with
the funding of bay-wide water quality monitoring, research on
health, the distribution and contamination of shellfish and the
development of hydrodynamic and water quality models. The
budgets for 1985 and 1986 were $1.1 million per year. The 1986
projects included intensive water quality monitoring of the more
polluted areas of the bay, pollution impacts on winter flounder,
and characterization of current status and trends. Recreation
on the entire bay and water quality at beaches in the upper bay
were also objects of research started in 1986.
A key experiment underway at the EPA Narragansett laboratory
replicates the ecosystem of Greenwich Cove and subjects it to
whole-effluent dosing. Results will be compared with the stand-
ard bioassay technique where a single species is tested for
survival in whole effluent. EPA hopes to discover if a simple
bioassay test using a single species can be used to predict the
effects on an entire ecosystem.
The projects undertaken in 1986 in the Buzzards Bay study with
a $500,000 budget includes a case study of Buttermilk Bay to
identify sources of coliform related to land use and soil type.
Others included a survey of contaminants and diseases of fish
(integrated with Superfund studies in New Bedford Harbor,
which is contaminated with heavy metals and PCBs), and
an assessment of the inflow of nutrients and pesticides into
Buzzards Bay from cranberry bogs. A key objective is to
develop local action plans to control bacterial contamination
of shellfish beds, many of which are now closed for health
reasons.
As in the Narragansett Bay study, the Long Island Sound study,
with a 1986 budget of $1 million, includes analysis of the impact
of pollution on winter flounder. This species was chosen both
for its importance to the fishery and its likely exposure to con-
taminants. Winter flounder do not tend to move great distances,
thus, it is possible to compare pollution impacts along gradients
of pollution intensity. Each flounder is likely to remain in the
same gradient, subject to the same pollution. These studies
will help to ascertain the reproductive health and long-term
prospects of winter flounder in the western sound. An estimated
billion gallons of sewage, some of it receiving only primary
treatment, enters the sound each day from bordering counties
with a total population of 8.5 million.
Other research contributing to the Long Island Sound study
includes investigation of the cause and extent of low oxygen
threatening marine life in bottom waters, the potential for
widespread distribution of pollutants through resuspension of
contaminated sediments, and analysis of historical data in
search of trends in environmental quality.
17
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Future Directions
During I'-lSfi the region made significant
progress in accomplishing many ot the
highest priority water issues in New
Hngkmd. h'or I'-'S? [he region will locus
the division's resources on the following
high priority or emerging water issues:
Continuing emphasis on estuarine
protection programs, tor example.
Boston Harbor, special estuary
studies, ocean disposal ot dredge
material and ?(U(hi waivers.
Implementing the regional wet-
lands protection strategy w ith an
emphasis on designating high
priori!) areas for greater protection
and for strengthening the overall
wetlands enforcement program.
Implementation of strong ground-
water protection programs includ-
ing working w ith the states to
initiate comprehensive ground-
water programs in wellhead
protection areas.
Controlling the discharge of toxics
to surface waters.
Dev eloping and complementing a
sludge management strategy to
control non-point sources of water
pollution.
Maximizing the benefits of the
municipal construction grants
program, including the estab-
lishment of revolving funds.
Implementing an enforcement
strategy to aggressively pursue
violations of NPDES permits.
pretreatment requirements and
drinking water requirements.
Wetlands Strategy
New England's wetlands are an irreplaceable natural resource.
They are essential to the survival of our coastal and inland fish
and wildlife populations. Their importance in maintaining water
quality through uptake or control of sediments, nutrients and
pollutants is increasingly recognized. Wetlands often act as
natural flood storage areas and, along the coast, as a buffer
against storm damage and erosion. Biologically, wetlands are
among the most productive and diverse ecosystems on earth.
Section 404 of the Clean Water Act regulates the disposal of
dredged or fill material into waters of the United States,
including wetlands. Jointly administered by EPA and the U.S.
Army Corps of Engineers, the section requires a permit for such
disposal. Section 404 has come into use as a wetlands protec-
tion statute as a result of numerous court decisions. It also
provides for advance designation of sites that are unsuitable
for development.
The New England list of wetlands was first developed in 1985
and updated in 1986 in consultation with federal, state and local
government agencies and private organizations. It serves as
warning to developers about the location of known or suspected
trouble spots. Some general listings comprise entire river seg-
ments and others define narrow areas. The list will be updated
again in 1988.
Region I's strategy for wetlands protection also includes:
increased technical review capability for responding to the
Corps' permit and policy decisions: expanded and standardized
Section 404 enforcement in conjunction with the Corps, the U.S.
Fish & Wildlife Service, the National Marine Fisheries Service
and the states: a clear policy on effective compensation for
unavoidable wetland losses; improved internal coordination
between 404, environmental impact considerations, ground-
water protection and Superfund; and heightened public
awarenss of wetland values.
The region's determination to protect wetlands was reaffirmed
at the headquarters level in 1986 when Jennifer Joy Manson,
assistant administrator for intergovernmental affairs, upheld
Regional Administrator Michael R. Deland's denial of a permit
for a shopping mall in Sweedens Swamp, Attleboro, Mass. The
developer, Pyramid Corp., proposed to fill in 45 to 49 acres and
create compensating wetlands nearby. Manson, taking note of
Pyramid's mitigation plan and the conditions that would be
needed to ensure that the created wetlands would be success-
ful, ruled against the destruction of natural wetlands of proven
environmental value.
18
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.nvironmentai services Division
Edward J. Conley
Director
The Environmental Services
Division at the regional EPA
laboratory in Lexington. Mass.
provides the air, waste and water
divisions with field laboratory services
including collection analysis and evalua-
tion of samples and environmental data.
oil spill response and emergency cleanup
of hazardous waste.
The Air Section continues its efforts lo
improve the timeliness and completeness
of ambient air data submissions from the
state agencies. With few exceptions,
greater than 90 percent data capture is
being achieved at all sites in the region.
and more than 90 percent of the data is
being submitted to EPA within 120 days
of each calender quarter as required. The
Air Section processed approximately
15,000 daily suspended paniculate and
lead data points from 250 sites and 1.3
million hours of sulfur dioxide, ozone,
nitrogen oxide and carbon monoxide and
meteorological data from 150 sites. In
1986 violations to carbon monoxide,
ozone and total suspended paniculate
National Ambient Air Quality Standards
were reported in New England. In July
the section issued the 1985 Annual
Report on Air Quality in New England.
Special purpose monitoring networks
were established in all the New England
states to collect data on the proposed
PM10 (small particle) standard for sus-
pended particulates. A total of 51 sam-
plers at 33 sites have now been estab-
lished in potential non-attainment
areas and in all 12 urban areas in New
England with populations greater than
100,000. Only Presque Isle, Maine,
report air quality levels in excess of
150ug/m3.
The Air Section observed and/or
evaluated 31 emission tests including.
four in conjunction with GCA/Tech-
nology Division. Of the 15 field obser-
vations, 1 1 were for paniculate emis-
sions and four for volatile organic
chemicals.
One hundred and twenty performance
audits for particulates, sulfuric dioxide.
carbon monoxide, lead, nitrogen dioxide
and ozone were conducted at 58 state
and local ambient air monitoring stations
and 62 national monitoring stations.
Twelve of the instruments audited failed
to meet established error limits and were
subsequently corrected.
An additional eleven instruments gave
marginal results and were investigated
by the operating agencies. The remain-
der were reported as operating in a satis-
factory manner.
For the Chemical Emergency Prepared-
ness Program, the Air Section conducted
hazardous materials training and safety
audits at chemical facilities in the region
for the benefit of state and local public
safety personnel. In addition. Air Section
personnel have been working with the
six New England states to establish state
emergency response commissions and
implementation plans.
The section's toxic field monitoring
capability was expanded to include for-
maldehyde and phenols. Last summer.
Air Section conducted a field study of
volatile organic chemicals at a manufac-
turing site in Stratford, Conn. This study
was presented in a technical paper at the
1987 meeting of the Air Pollution
Control Association in Worcester, Mass.
The section continued its assistance to
the Superfund team, reviewing air mon-
itoring plans at 21 hazardous waste sites.
doing field monitoring at two sites and
overseeing the responsible parties' air
monitoring program at the McKin site
in Gray. Maine.
The Water Section surveyed water qual-
ity of the Ashuelot. Charles and Merri-
mack rivers, studied the bioaccumulation
of dioxin in fish downstream from paper
mills and worked on other aspects of the
national dioxin study.
There were 73 sampling compliance in-
spections. 14 performance audit inspec-
tions, eight compliance evaluation in-
spections and seven pretreatment inspec-
tions. In the area of groundwater protec-
tion, ESD personnel sampled 22 wells in
the vicinity of the Wellfleet landfill on
Cape Cod and also sampled wells at Otis
Air Force Base in a continuing investiga-
tion of environmental impacts of Cape
Cod military installations.
Water Section personnel worked on
several studies for permit issuance or
reissuance to ICI Americas in Dighton.
Mass; Millipore in Jaffrey. N.H.; and
Pratt and Whitney in North Berwick,
Maine, and numerous Superfund sites
were sampled throughout the Region.
The most notable studies for the RCRA
Program were sampling for lead in soil
in the Dorchester and Mattapan section
of Boston and sampling for chemical
waste at the Derecktor Shipyard in
Middletown, R.I. The lead in soil study,
conducted with the chemistry laboratory,
confirmed the presence of high concen-
trations, probably from peeling exterior
house paint and motor exhaust. The
Derecktor case involved regional EPA
19
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criminal investigators and the national
EPA laboratory in Narragansett. R.I.
Sampling at a farm owned by Derecktor
also disclosed the presence of discarded
PCB transformers.
The Oil and Hazardous Materials
Section completed 10 hazardous waste
removals and started eight others. The
18 removals are estimated to cost a total
of S3.1 million. These included removal
of thousands of drums containing toxic
or explosive waste, installation of caps
over asbestos sites, removal of cylinders
containing hazardous gases under high
pressure and the on-site incineration of
soil contaminated with dioxin and PCBs
(see case study). Personnel fielded 1,238
reports of oil or chemical spills, an
average of more than three a day, each
requiring some degree of federal action
and some requiring federally funded
cleanup.
Finally, the division has formed a team
of personnel and air monitoring equip-
ment which has provided support to
police and fire departments throughout
the region during releases of chemicals
requiring evacuation of civilians. The
division will continue working with the
National Oceanic and Atmospheric
Administration on improved air response
systems for use in such emergencies.
The laboratory's work on lead in soil
has led an intensive investigation of its
pattern of environmental lead poisoning.
ESD personnel are involved in an
agency committee which is planning
to implement the lead in soil provisions
of SARA. A site will be selected by the
committee for the first demonstration
cleanup of inner city lead in soil con-
tamination. Boston is among the likely
candidates for this project.
The laboratory has continued to conduct
field testing of methods and training of
state and local agencies in the detection
of organic contamination from under-
ground storage tanks or hazardous waste
sites.
The chemistry laboratory has developed
a college intern program that offers
training in field monitoring and in-house
analytical techniques for environmental
pollutants.
20
Dioxin/PCB Incineration: A Region I
Breakthrough
For the first time under Superfund, the incineration of dioxin-
contaminated soil was authorized as proven technology at an
emergency removal site. The 12-day burn of five cubic yards of
contaminated material took place in November at the Tibbetts
Road Superfund site in Barrington, N.H. The pilot-scale inciner-
ator built and operated by Shirco Infrared Systems of Dallas,
Texas burned 25 to 50 pounds of contaminated soil per hour
under carefully monitored temperature and turbulence condi-
tions. Combustion efficiency was monitored continuously.
Samples of emissions and ash were taken every half hour
for future analysis. It was the first time in the country that an
emergency-response cleanup contractor was authorized to
detoxify dioxin-contaminated soil by incineration. The process
had been tested earlier in Missouri and Florida while still in its
experimental phase. The Barrington burn was the first time
the process was not considered experimental and thus eligible
for use at an emergency removal site, which is a site where
contamination presents an imminent threat to public health
or the environment.
The electrically powered incinerator was brought to the site
the day before the burn to be inspected by more than IOO
neighbors, environmentalists, EPA and state personnel, news
media, consultants and educators. The decision to burn the
contaminated soil was generally accepted as an alternative to
on-site containment or removal and off-site land disposal.
Concentrations of dioxin in the contaminated material had
ranged from I to 10 parts per billion (ppb). PCB concentrations
had ranged from 600 to 1,200 parts per million. More than one
ppb of dioxin is considered to present unacceptable risk. PCB
contaminated soil may be landfilled only if the concentration is
less than 50 parts per million.
The ash was stored in 55-gallon drums on the site pending
completion of the sample analysis. Assuming that the ash,
which is a mineral stripped of organic matter, is free of dioxin,
PCBs and related contaminants, it can be landfilled safely.
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Office of Regional Counsel
Patrick A. Parenteau
Regional Counsel
This office prepares lawsuits, negotiates settlements,
collects penalties and helps prosecute criminal
violations. It also defends the region against legal
challenges, especially those directed against its
enforcement efforts and cleanup operations. The office clears
legal obstacles to EPA's regulatory mission and handles bid
protests and grant appeals in the construction grants program.
Boston Harbor
The office and the water management division worked closely
on negotiations with the Massachusetts Water Resources
Authority (MWRA) on cleanup of Boston Harbor. The U.S.
District Court set deadlines for completion of a new primary
wastewater treatment plant at Deer Island by 1995 and a
secondary treatment plant by 1999, for elimination of scum
from existing plants at Deer and Nut islands and for ending
sludge dumping in Boston Harbor by 1991.
Other cleanup highlights include the MWRA's withdrawal
of its off-the-New-Jersey-shore, sludge dumping application
to EPA; and selection of Deer Island for the S1.2 billion
secondary plant, followed by state legislation to remove the
existing prison. In addition, the office gained further mitiga-
tion of impacts on the neighboring town of Winthrop through
agreement with the MWRA to barge construction materials
to the work site, bus and ferry construction workers and ban
the use of chlorine unless "clear and convincing" need and
safe handling are demonstrable and maximum feasible odor
control is possible.
Criminal Enforcement
Two landmark criminal cases resulted in fines totaling $1.7
million against a Rhode Island boat yard and its owner and
against a New Bedford, Mass, metal plating plant. Robert E.
Derecktor and his company, Robert E. Derecktor of Rhode
Island. Inc., pleaded guilty to criminal violations of the Clean
Water Act, the Clean Air Act, the Toxic Substances Control
Act and Superfund. The fine was 5675,000 of which S200.000
was suspended on the condition that Derecktor make restitution
of an equal amount to the Rhode Island Department of Envi-
ronmental Management's Response Fund.
USM Corporation of Hartford. Conn, pleaded guilty to re-
peated violations of the Clean Water Act at its New Bedford
metal plating plant and was fined over SI million. The court
suspended 5225,000 provided USM achieved adequate pre-
treatment of heavy metal wastes discharged to the New
Bedford sewer system. This was the first criminal prosecu-
tion brought in the country for violations of the categorical or
industry-specific pretreatment standards.
Superfund Settlements
The office reached three major Superfund settlements during
1986 in Beacon Falls, Conn.; Burrillville, R.I.; and at 22
asbestos sites in southern New Hampshire and Billerica, Mass.
The office negotiated an administrative order for 31 companies
to design and construct a water supply system for homeowners
whose wells were contaminated or threatened by the Beacon
Heights hazardous waste landfill in Beacon Falls. Negotiations
continued with the same 31 companies to cap the landfill,
collect and treat the leachate and install a security fence. The
landfill was used until 1979 for disposal of rubber, plastics,
oils and chemicals.
Fifty-one responsible parties entered a consent decree for a
settlement totaling $5.8 million to pay for past and future
cleanup costs and to conduct certain work at the Western Sand
21
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and Gravel hazardous waste site in Burrillville, R.I. It covers
both state and federal costs, including the design and install-
ation of a new water system for homes near the site with
contaminated wells. One company, Olin Hunt Specialty
Products, Inc., is required to cap contaminated sludges
and conduct studies leading to groundwater restoration.
The office settled claims against Johns-Manville Corporation
for S3 million to be applied to the cost of covering and secur-
ing 22 waste sites in Nashua and Hudson, N.H. The same
company agreed to a $ 1.26 million settlement for costs in-
curred in securing an asbestos dump at the Iron Horse Park
Superfund site in Billerica, Mass. The settlement does not
protect Manville from liability if additional sites require
cleanup.
Volatile Organic Chemicals
Volatile organic chemicals (VOCs) and evaporated solvents
and fuels are forerunners of ground level ozone (smog). The
office has assisted the air management division in several
enforcement measures against VOC emitting sources. This
year was the most active in Massachusetts history for enforc-
ing VOC controls.
The office sent a notice of violation to Polaroid Corporation for
excess emissions from film coating processes at plants in New
Bedford, Waltham and Norwood, Mass. Massachusetts issued
an enforcement order and assessed penalties.
The region and the Massachusetts Department of Environ-
mental Quality Engineering started negotiations in October,
1985 with General Motors in Framingham, Mass, over emis-
sion of excess VOCs by its automobile paint line as part of
a national EPA move to reduce these emissions. EPA issued a
formal notice of violation. At year's end, the parties were in the
process of negotiating a resolution. The plant, scheduled for
partial replacement, emits 800 tons a year of VOC, of which 28
to 80 percent is excess emissions.
In Rhode Island, the region filed a civil action against
Arkwright, Inc. in Fiskville alleging violations of VOC
emission limits on its plastic film coating line. The case
is pending.
In Connecticut, EPA and the state Department of Environ-
mental Protection issued notices to Gilford Gravure in the town
of Gilford, and Frismar, Inc. in Clinton, alleging violations of
VOC limits on their printing and paper coating lines. Both
companies submitted plans and compliance schedules for state
and EPA approval.
Illegal Waste Disposal
The U.S. Department of Justice filed suit on EPA's behalf
against three Connecticut companies charged with operating
waste disposal facilities illegally. The office took admin-
istrative enforcement action against a fourth Connecticut
company and one in Massachusetts for similar violations.
The actions arose from a 1984 amendment of the Resource
Conservation and Recovery Act. It called for certified com-
pliance with groundwater monitoring and financial respon-
sibility requirements by November 8,1985 to retain so-called
interim status, or temporary operating authority, pending
issuance of final permits. Named in civil suits were Stanley
Plating Company, Inc. of Forestville, Plainville Electroplating
Company, Inc. of Plainville and Susan Bates, Inc. of Chester,
all in Connecticut. Alleged violations included continued use
of surface impoundments for hazardous waste disposal after
losing interim status.
Administrative enforcement action was taken against Summit
Corporation of Thomaston, Conn, and Reliable Electroplating
of Chartley, Mass. All five cases remained unsettled at year's
end. They were among EPA's first attempts to enforce the
so-called, loss-of-interim-status amendments adopted by
Congress in 1984 as a means of establishing a measure of
control over land disposal of industrial waste pending the
issuance of extremely complex and potentially controversial
final operating permits and as a means to assure that such
facilities were properly monitoring groundwater and providing
financial responsibility.
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Planning and Management Division
Harley F. Laing
Director
The Planning and Management
Division staff provide support to
federal and state environmental
programs, including programs in
data processing and information sevices,
human resources management, state
grants administration, state program
communications and review, regional
planning and environmental priority
setting, and overall financial manage-
ment. In FY'87 the division is involved
in the following areas:
Regional Planning and
Priority Setting
Working with federal and state program
managers, the division began planning
for FY'89 and developed a priority list
which ranked significant environmental
problems in New England. The follow-
ing areas were judged most significant
on a qualitative basis by the program
managers, who used criteria such as the
extent of the problem and the severity of
the risk, as well as the feasibility to deal
with them.
In the area of groundwater resources, the
program managers determined the sig
nificant environmental impacts were
releases from hazardous waste manage-
ment facilities, and releases from fed-
erally unregulated sources, such as solid
waste landfills, mineral extraction, and
salt storage and application. Other
significant problems affecting ground-
water included releases from leaking
underground storage tanks, contamin-
ation from pesticide applications and
releases from uncontrolled hazardous
waste sites.
In the area of water quality, the program
managers decided the significant envi-
ronmental problems were toxic dischar-
ges to estuaries, toxic discharges to
streams and discharges of conventional
pollutants to estuaries. Other significant
problems affecting water quality includ-
ed non-point source discharges to est-
uaries and streams, and discharges of
conventional pollutants to streams and
combined sewer overflows (CSO).
In the area of air quality, the program
managers judged that the significant
environmental problems were the long-
range transport of air pollution, ozone,
other national, ambient air quality
pollutants with standards, releases from
waste incineration, ambient air toxics
and stratospheric effects.
In the area of damage to sensitive
environmental resources, the program
managers determined the significant
problems were the loss or damage to
wetlands by the failure to meet permit
conditions, and the contamination of
wetlands from abandoned hazardous
waste sites. Other significant problems
harming sensitive environmental
resources included the loss or damage
to wetlands from unregulated activities,
and the lack of public understanding
about the value of wetlands and EPA's
statutory obligation to protect them.
In the area of threats to public health
from direct exposure, the program
managers decided the significant
environmental problems were the
contamination of drinking water from
leaking underground storage tanks,
abandoned hazardous waste sites,
pesticide application and federally
unregulated sources. Other significant
problems threatening public health
included air impacts from abandoned
hazardous waste sites, pesticide use and
misuse, radon, indoor air pollution, and
asbestos. Others also included lead in
soil, non-compliance with chemical
import requirements, violations of PCB
rules and pesticide residue on food.
The division is currently developing a
regional program planning process
which will utilize this priority list, the
agency operating guidance, and other
criteria, such as risk assessment. This
process will be used to plan for and
direct FY'88 resources both at EPA
and in the states to address these priority
problems and to set regional manage-
ment priorities. The division is one of
three EPA regions experimenting with
such a system.
Regional Staffing Levels
and Human Resource
Management
The agency's 1987 staffing level is 520
people in various programs and offices.
The total of 520 represents an increase
from 490 in 1986,460 in 1985 and 400
in 1984. The majority of the increases in
the agency's staff during this time have
been in the area of waste management,
especially for the Superfund program.
The division is continuing to emphasize
human resource management initiatives
throughout EPA. In Region I the division
has been particularly active in the devel-
opment and implementation of innova-
tive training programs. The division is
currently starting a Training Institute to
23
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provide an organizational focus for
training programs and particularly
to provide courses taught by its own
employees for the benefit of their
co-workers. Through the institute, 55
employees will be teaching courses in
1987, and the division is investigating
ways to extend the program to the New
England state environmental agencies
in the future.
Some of the institute's course titles
include, "Managing Multiple Priorities
for Managers and Supervisors,"
"Professional Fact and Expert Witness
Seminar," "Geophysical Techniques
for Finding Buried Waste,1' and "Cor-
respondence Formats and Procedures."
Another course title is "Communication
with our Constituents - A Three-Part
Seminar,1' which discusses issues such
as, meeting the press, environmental
advocacy and the politics of environ-
mental protection.
Information Center and
Library
The division has just completed the
relocation of two separate information
management services to one location
on the 15th floor of the JFK Building,
where data processing user-assistance
and library services are now both
located. The library is open to the public
as well as EPA employees from 8:30
a.m. to 4:30 p.m. The library contains a
variety of books and periodicals on
environmental science, technology,
policy and management, and various
research tools and services. The
information center provides hands-on
assistance and training to regional
employees utilizing computers, word
processors, communication tools and
related hardware and software.
Service Improvements
The division has been trying to find
ways to improve the level of services
it provides in a variety of ways to
employees. In addition to such direct
activities as improved procurement
processing, faster travel voucher
payment and accelerated hiring, the
division has gotten better at providing
information to employees through the
use of service bulletins. Also, the
division is communicating better with
its own employees in a variety of ways,
including an annual all-employee
division retreat and quarterly manage-
ment retreats.
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Office of Government Relation:
and Environmental Review
Stephen F. Ells
Director
This small office has three big jobs. It enlists the support
of senior public officials to help EPA carry out its
mission. It reviews the major actions of other federal
agencies to minimize environmental damage. Lastly,
the office director is senior policy advisor to the regional
administrator and his deputy, serves as the regional admin-
istrator in their absence, and was the regional administrator's
representative in the preparation of the landmark environmental
impact statement (EIS) for the siting of wastewater treatment
facilities in Boston Harbor. Below are some other examples of
our activities.
National Environment Policy Act
(NEPA) Reviews
We review and comment on all actions proposed by the federal
government in New England, whether direct action, grants or
permits, that could have a significant impact on the environ-
ment. The objective is to ensure that the federal government
protects the environment as much as possible in its construc-
tion, grant awarding, licensing and other activities. We do this
by consulting with the proposing agency early in the process,
by requesting that environmental impact statements (EISs)
be prepared for major projects that have not had adequate
environmental review, by reviewing other agencies' environ-
mental impact statements (EISs) and assessments, and by
encouraging selection of environmentally preferable alter-
natives when required.
This year we were involved in projects throughout New
England, such as the proposed high-level radioactive waste
disposal sites in Maine and New Hampshire; the Sears Island
Cargo Terminal in Maine; a Corps of Engineers' flood control
dam on the Missisquoi River in Vermont; the Woonsocket
Industrial Highway in Rhode Island; Route 44 in Plymouth,
Mass, and Route 6 in Connecticut. We also assisted EPA's
Office of Federal Activities in Washington, D.C. in develop-
ing the agency's position opposing the Corps of Engineers'
revisions to their NEPA regulations and supporting EPA's
referral of this controversy to the President's Council on Envi-
ronmental Quality. Of the 18 draft and final EISs reviewed, we
expressed environmental objections to five and raised environ-
mental concerns about another six. In many cases, the projects
were either modified as a result of our concerns or additional
information was provided to our satisfaction. In addition, the
office reviewed and commented on 51 environmental assess-
ments and 228 hydroelectric projects.
Government Relations
New England's congressional delegation and governors have
traditionally played a leading role in shaping the region's
environmental future. They actively support EPA's mission,
and our office is responsible for helping sustain that mission.
This year we enhanced our ability to interact effectively with
state legislators and municipal leaders by providing assistance
on the impact in New England of EPA actions as well as on
the problems of a particular community. We also responded
to more than 200 official letters this year from members of
Congress, governors and other senior officials. Telephone calls
from government officials presented a multitude of new issues
every week. Hazardous waste management and water pollution
control issues are areas of most frequent concern. Recogniz-
ing the strong bipartisan support for environmental protection
programs, Regional Administrator Michael Deland has met
at least once this year with most of the New England con-
gressional delegation and governors or their senior staff.
25
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Brooke Chamberlain-Cook
Director
26
The Office of Public Affairs (OPA) managed
active news media coverage in 1986. expanded
its public education program and continued its
citizen outreach efforts through the Superfund
community relations program.
Some stories handled through OPA this year included
the permit denial for a Syracuse. N.Y. developer to build
a shopping mall in an Attleboro. Mass, wetland: two crim-
inal enforcement cases, one in Rhode Island and one in
Massachusetts, totaling SI.7 million in penalties for viola-
tions of several federal environmental laws: and a S3 million
settlement with the Johns-Manville Corporation.
The Attleboro case involved EPA's efforts to prevent the
unnecessary alteration and destruction of nearly 50 acres of
wetlands, which provide excellent wildlife habitat in that
Massachusetts city.
The criminal case in Rhode Island against Robert Derecktor
and his corporation for violations of the Clean Air Act. Clean
Water Act and other environmental statutes at his shipyard
resulted in a guilty plea and fines of $675,000. The Massachu-
setts criminal case against USM Corporation of New Bedford
was significant in its assessment of the maximum criminal
justice fine for repeated and knowing Clean Water Act
violations. Fines in this case totaled $1.025.000.
The Boston Harbor cleanup case continued to dominate
news in 1986. U.S. District Coun Judge A. David Mazzone
set schedules to end scum discharge into Boston Harbor by
December 1988 and sludge discharge by December 1991. He
also ordered construction of a primary waste water treatment
plant by 1995 and a secondary plant for Boston Harbor clean-
up by 1999. In addition, he assigned responsibility for sewer
overflow pipes to the newly created Massachusetts Water
t
Resources Authority (MWRA). Finally, the regional office
applauded the commonwealth's decision to relocate the Deer
Island House of Correction to make way for treatment plant
construction.
Denial of the permit to build an Attleboro. Mass, shopping
mall in one of that city's wetlands was a top environmental
news story this year. On March 4,1986 EPA Regional
Administrator Michael R. Deland recommended a "veto" of
the Army Corps of Engineers' proposed permit to allow The
Pyramid Companies of Syracuse. N.Y. to fill Sweedens Swamp
in Attleboro. The veto recommendation was upheld by EPA's
Washington office. The decision was a major victory for the
effort to conserve the nation's dwindling wetlands.
The denial upheld the principle that a promise to attempt to
create artificial wetlands will not be sufficient to authorize the
destruction of natural wetlands where there is a practicable
alternative that would avoid the wetland loss in the first place.
The Johns-Manville Superfund settlement recovered $3 million
to settle EPA claims for present and future costs incurred to
cover 22 asbestos waste sites in Hudson and Nashua, N.H. and
the Iron Horse Park site in North Billerica, Mass.
OPA committed resources to public education and outreach
efforts in 1986. hiring a coordinator to manage subject-matter
briefings, symposiums, conferences and environmental forums;
develop audiovisuals on such environmental initiatives as the
Boston Harbor cleanup and other EPA efforts; serve as liaison
to the business and academic community and create a direct,
person-to-person and group-to-group information exchange.
A sampling of upcoming plans include a briefing for citizens,
local officials and members of the general public on the new
Superfund Amendments Reauthorization Act (SARA); a
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briefing for regional radio and television meteorologists on the
ground-level ozone (smog) crisis facing the Northeast; and an
EPA Environmental Forum.
Traditional outreach to elementary schools celebrated its
14th year. Some 4,000 schools submitted more than 10,000
entries for the Elementary Education Ecology Poem and
Poster Program (EEEPPP). Paul Keough and Michael Deland
awarded prizes at ceremonies in all New England states
to those students who produced imaginative, environment-
ally-conscious poems and posters in support of a clean,
protected and healthy environment.
"New England Environment," the region's quarterly summar-
izing regional activities and enforcement actions, expanded its
circulation and substance. Circulation is now 1,500 with a more
streamlined format.
OPA continued to field about 1,600 letters from citizens, at
least 10,000 telephone calls, dozens of visits from citizens and
652 formal requests for information under the Freedom of
Information Act, up from 503 in 1985.
The regional administrator and his staff continued to meet
frequently with environmental and business organizations at
least quarterly and with concerned citizens on an ad hoc basis.
The Superfund community relations program supports the
Superfund office in planning and implementing outreach and
public information efforts. The program focused on educating
the community on the recently reauthorized Superfund law
and its site-by-site effects.
In New Hampshire, for example, EPA legal and technical staff
met with concerned citizens at the Ottati & Goss site in Nashua
to discuss the remedy and ensure open communication as the
site cleanup progresses.
The trend toward informational briefings, site tours, individual
interviews and ad hoc regional office meetings with affected
groups continued this year. At the Tibbetts Road site in
Harrington, N.H. EPA explained and demonstrated on-site
soil incineration techniques to destroy contaminated soils there.
EPA personnel were available at the site during the week of the
"test bum". Press and citizen inquiries were encouraged.
Many communities near Superfund sites are starting to form
work groups which meet with EPA Superfund staff on a reg-
ular basis. At the Baird & McGuire site in Holbrook, Mass.
EPA representatives met weekly with the citizens advisory
group to exchange information as the feasibility study alter-
natives were developed. Two-way communication efforts
like this continue at all regional sites.
Superfund community relations staff produced a spate of fact
sheets, press releases, progress reports and responsiveness
summaries designed to translate complex technical data and
to supplement information released at site-specific public
meetings and hearings. For example, at the Winthrop, Maine
site, citizens review progress reports and receive interpretive
newsletters regularly summarizing technical information and
outlining upcoming activities.
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Connecticut Department of
Environmental Protection
Stanley J. Pac
Commissioner
The Department of Environmental
Protection continued to effec-
tively administer established
environmental protection pro-
grams, and developed innovative and
far-reaching new programs. The Clean
Water F-und set up a mechanism to pro-
vide financing for wustewater treatment
projects through to the year 2007. Envi-
ronment/2(HH) was presented and enthu-
siastically received by the public. New
regulations were adopted which greatly
assisted air and water programs. Addi-
tional staff was assigned to both the
hazardous materials and water compli-
ance sections. And the new ens iron-
mental concern radon was being
investigated.
The department concentrated consider-
able efforts to bringing attention to and
encouraging public participation in the
development of Environment/2000, This
document is a comprehensive and coor-
dinated statement of the state's environ-
mental goals and strategies. The docu-
ment is the plan for Connecticut's future
and contains 42 diverse environmental
issues, ranging from toxic water pollu-
tants, forests, tidal wetlands, to indoor
air pollutants. The final Environment/
2000 plan is to be released in June 1987.
Connecticut is consistently recognized as
progressive in protecting and managing
its surface and ground water resources.
The department adopted guidelines for a
comprehensive toxicity water pollution
control that will regulate point source
discharges of toxic substances through
the issuance and enforcement of permit
conditions. All major wastewater dis-
28 charge permits were screened for poten-
tial toxicity. Toxicity testing studies
conducted on both industrial and munic-
ipal discharges found that the screening
analysis was effective in identifying
highly toxic effluents.
Protection of the state's groundwater
continued with the publication of a new
report on identification and protection of
high and moderate yield aquifers. The
recommended program will fit closely
with EPA's wellhead protection
program.
The second year of the estuary study of
Long Island Sound continued its inven-
tory of the sound's water quality data.
carried out monitoring and field surveys,
and assessed current water quality condi-
tions, living marine resources, and
potential water quality problems in the
sound.
In 1986 the department initiated a state
revolving loan and grant program de-
signed to fully finance all the state's
SI .2 billion municipal wastewater
needs by 2007. The program requires
S40 million of annual state funding to
be complemented by the phasing out
of the federal grant program. The Clean
Water Fund provides a 20 percent grant
and 80 percent loan at two percent
interest for all wastewater projects, and
a 50 percent grant and a 50 percent loan
for combined sewer overflow projects.
The department further promoted local
assistance by adopting delegation of
authority regulations for local and dis-
trict health directors in the areas of air
emissions and water discharges. Regu
lations for the underground storage and
handling of oil and petroleum liquids
became effective in late 1985 and by the
close of 1986 more than 44.000 tanks
were registered. The department produc-
ed a video for state and regional distri-
bution concerning the "LUST" program.
The department produced a document
entitled "Accidental Toxic Chemical
Releases," and held a statewide confer-
ence which was attended by more than
350 people.
The department permitted three resource
recovery facilities with a combined cap-
acity of 3,320 tons/day and a capital cost
of S367 million. The department also
improved its landfill water monitoring
data analysis program with 119 landfills
monitored for both surface and ground
waters.
Air pollution control was enhanced by
the adoption of toxic air regulations for
known human carcinogens for new and
existing sources. A significant number
of new staff and equipment are being
added to our air program to implement
this most important environmental and
public health program. In 1986 there was
a decrease in the number of violations in
ozone levels.
Also this year Commissioner Stanley J.
Pac announced his retirement after more
than two decades of state public service
in the General Assembly, Department of
Motor Vehicles and more than 10 years
as the commissioner of environmental
protection. Pac said it was a pleasure
to be part of the great advances made
in New England which improved the
environment and protected the natural
resources.
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Maine Department of
Environmental Protection
Kenneth Young Jr
Commissioner
The department faced a number
of important challenges during
1986. These included new lead-
ership in the commissioner's
office and on the board, the need to im-
prove productivity in the face of sharply
increasing workloads, and the legislative
effort to secure additional resources and
an adequate statutory base to support
environmental protection. Additionally,
it was incumbent upon DEP to improve
relations with municipalities and with
interest groups, to reduce unproductive
adversarial tensions and to make our
decision-making process more
accessible.
It seems that the department has been
successful overall in meeting these chal-
lenges and achieving its goals. Relations
between the commissioner and the board
are efficient and productive; changes in
licensing units have improved produc-
tivity, and more continues to be done to
fine-tune the process. The passage of the
water reclassification bill and the defeat
of the bill to gut air quality were impor-
tant victories in the Legislature. And,
for the first time, the department was
sue- cessful in acquiring money to sup-
port expansion in existing programs.
This was the first step in making
clear that the department needs more
resources to do the tasks already assign-
ed to it. The joint DEP-MMA Policy
Committee, newly created in 1986 to
improve DEP-municipal relations, has
begun to make headway as evidenced by
the new protocol on municipal notifica-
tion of DEP actions agreed to in Novem-
ber. Regulatory negotiation is now stan-
dard and there is an overall emphasis on
reasoned dis- cussion and accessibility
to information.
The challenges of 1987 start with mak-
ing the changes of 1986 pay off. This
is particularly true in licensing and en-
forcement, and in fostering productive
relations with applicants and interest
groups.
In addition the department will deal with
a renewed effort to secure resources for
licensing and enforcement and couple
that effort with a hard look at more
wide-range steps aimed at boosting pro-
ductivity. Also, a new solid waste man-
agement scheme is likely as are changes
in the underground storage tank law.
Overall the situation is encouraging.
There is a new awareness among
Mainers of the important and immutable
connection between what Maine is and
the quality of our environment. People
realize more clearly than ever that our
economic well-being is dependent on
our environment and that our ability to
protect our environment depends on the
resources produced by the economy.
Actions to promote one over the other
are prescriptions for long-range failure.
The challenge is to promote both for the
benefit of all the people of Maine. The
challenge is epitomized in the ongoing
and very exciting discussions of Maine's
policy for managing growth. It seems
clear that 1987 will be a time of exciting
activity, and a time of significant change
at DEP. There is enormous opportunity
inherent in any changing situation.
The department's job will be to take
maximum advantage of the opportunities
afforded by that change. That means
doing its job more effectively and more
efficiently, building working relation-
ships with diverse interest groups and
effectively leading the state on environ-
mental protection issues. The department
is confident that it will succeed in this
effort.
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Massachusetts Executive Office
of Environmental Affairs
James S. Hoyte
Secretary
Massachusetts is LI commonwealth
of uncommon value. From the
Boston Harbor Islands to the
Berkshires. the state's natural
resources and unique quality of lite
make Massachusetts a place that its
residents are proud to call home.
In 14X6 the office worked hard to main-
tain the environmental integrity and
quality of life in Massachusetts. Two
strategies guided the efforts. The office
took strong environmental protection
lav. s and turned them into practice.
And it worked in concert with state.
federal and local officials to ensure
that the state's valuable environmental
resources remain the legacy of its
children. As u result. Massachusetts
was cited as having one of the 10
strongest state programs in the country
for I486, according to a national stud)1
by the Fund for Renewable Energy and
the Environment.
Here are some of the reasons why.
For the first time, the Department
of Environmental Quality Engineering
(DEQE i was able in 19X6 to use the
state's new administrative penalties
statute or "pollution penalties" law to
crackdown on polluters without waiting
for lengthy court action. The law took
effect in September 14X6. and in the
first six months more than 50 companies
and municipal organizations were fined
a total of S700.000. DEQE officials say
the lav, is a morale-booster within the
agency and a deterrent to companies
that might consider using illegal envi-
ronmental practices.
30 Hazardous waste companies in Mass-
achusetts found they were not exempt
from the liability insurance crisis that hit
many industries in 1486. The common-
wealth was forced to step in and help
create a new system to provide insurance
for companies that are needed to handle
the state's waste stream. And many of
the major disputes regarding future
handling of hazardous waste, solid waste
and low-level radioactive waste were
resolved in 1986. allowing Governor
Michael S. Dukakis to issue a special
message to the Legislature in early 1987
on his proposal for a comprehensive plan
to address related problems.
Boston Harbor remained near the top
ot"every environmental agenda in 1986.
The Massachusetts Water Resources
Authority (MWRA). created by the
Legislature to coordinate the cleanup
of the historic harbor, began the lengthy
process of making the hard decisions on
how the Greater Boston area should pay
for the necessary improvements to the
water and sewage systems needed to
bring back life to the harbor. The
MWRA worked closely with Region I
of the U.S. Environmental Protection
Agency in moving toward secondary
treatment of the millions of gallons
of sewage generated annually.
Progress on the harbor project was aided
when the Legislature approved funding
in 1986 for the relocation of the Deer
Island Prison, thereby allowing a new
sewage treatment plant to be built on the
island. The MWRA also adopted a far-
sighted water conservation policy
designed to help meet future needs.
The office continued its aggressive
effort to preserve farmland and open
space for future generations. Through
the Agriculture Preservation Restriction
program, it protected 3,105 acres of
farmland last year from possible conver-
sion into shopping malls or condomini-
ums. The office's innovative Bay Circuit
program acquired 340 acres of land be-
tween Routes 495 and 128, launching
a "greenbelt" program that will encircle
the Greater Boston area. Both programs
would be aided by a 527 million open
space bond issue proposed by Dukakis
in early 1987.
Along the coastline, the Legislature
approved changes in Massachusetts law
designed to balance continued develop-
ment of coastal land with the public's
historic right to use and enjoy the shore.
And the state's Water Resources Com-
mission, taking advantage of a new inter-
basin transfer law, denied a transfer of
water from one river basin to another at
least until greater planning and conserva-
tion in the user communities is realized.
After years of lobbying, the office also
won legislative approval to have wildlife
habitats added as an eighth protected
category under the state Wetlands
Protection Act.
Acid rain remained a priority in 1986.
The office and its individual agencies
spent 5500,000 on 18 research projects
related to the environmental threat, while
the Department of Fisheries, Wildlife
and Environmental Law Enforcement
spent an additional S330.000 for mon-
itoring and research related to the liming
of lakes and streams to negate the effects
of the pollution. Data from the Acid
Rain Monitoring Project show that 82
percent of the state's surface water
bodies are sensitive to acid rain.
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Massachusetts has enjoyed extraordinary
economic success because it realizes that
the quality of life promoted through
sound environmental policy is essen-
tial to making the state an attractive
place to live in and to build a business.
Massachusetts remembers the challenge
set forth by John F. Kennedy 25 years
ago:
"The thin layer of earth, a few
inches of rain, and a blanket
of air make human life possible
on our planet Sound public
policy must assure that these
essential resources mil be
available to provide the good
life for our children and future
generations"
31
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ew Hampshire Department of
Environmental Services
Alden H. Howard
Commissioner
The department experienced
renewed environmental aware-
ness in New Hampshire in 1986.
highlighted by an increased ac-
tivity of new programs in groundw ater
mapping and protection, solid waste
siting tor landfills and resource recovery
facilities, a motor vehicle emission pro-
gram, and river basin studies.
An increased commitment to the cleanup
of Superfund sites was demonstrated by
design, construction and commencement
of the operation of an innovative ground-
water treatment facility at the Gilson
Road site in Nashua. This plant, design-
ed, built and now operated by contract
forces, shows that close cooperation be-
tween EPA and state officials and the
consulting engineer can provide innova-
tive solutions to complex environmental
problems. This facility constructed at
a cost of S5.6 million will operate for a
projected two-year minimum to restore
acceptable water quality loan important
aquifer. The design of the plant was
recently awarded the Grand Conceptor
Award by the Consulting Engineers
Council of New England and will be
entered as a finalist for the top national
award.
The New Hampshire Legislature also
addressed the issue of air quality by
approving final rules fora motor vehicle
inspection and maintenance program to
address deteriorating air quality in the
southern areas of the state.
Another significant undertaking involves
the state's assumption of the enforce-
ment responsibilities with respect to
those municipalities which are not ex-
pected to meet the July 1. 1988 abate-
ment deadline for secondary treatment.
Nearly SI 00 million of construction is
involved and suitable construction
schedules to complete the compliance
effort have been developed. Also, leg-
islation introduced for the 1987 session
will provide state funding for any short-
fall or delay in the receipt of Clean
Water Act funds.
Solid waste activities continue to con-
sume much of our resources as we
address the difficult problems of design-
ing and siting appropriate landfill and
resource recovery facilities to meet our
future needs. Increased effort to identify
the magnitude of landfill closure costs,
and studies to find solutions for inciner-
ator ash disposal are continuing.
Probably the most significant environ-
mental happening in New Hampshire
in 1986 was the passage of legislation
creating a new Department of Environ-
mental Services. The implementation
plan to establish the new department
was approved Nov. 24, 1986, and it
brought together four agencies under one
umbrella. The divisions of Water Supply
and Pollution Control, Water Resources,
Air Resources and Waste Management
form the nucleus of the new organiza-
tion. The Plumbers Board, Water Well
Board and Wetlands Board are also
included. Under a commissioner and
assistant commissioner, these four divi-
sions are assisted by six units of the
commissioner's office; namely, admin-
istrative services, laboratory services.
geology, planning, risk analysis and
management, and public information
and permitting.
A major goal of the organization is to
provide an integrated environmental
organization with the resources to deal
with today's problems, and to devote
significant emphasis to long-range
planning and the development of a
state environmental policy.
The department enters 1987 with new
challenges and an ever-increasing aware-
ness by the citizens of New Hampshire
that inevitable growth must not be allow-
ed to compromise our environmental
assets. We believe the new Department
of Environmental Services will be better
able than ever before to protect that
precious heritage.
32
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Environmental Management
Robert Bendick, Jr
Director
T
he department saw significant
progress in management of
Rhode Island's environment in
1986. A state Clean Water Act
was approved by the voters to provide
$35 million in loan and grant funds to
dovetail the federal Clean Water Act
reauthorization. This will allow accel-
eration of the completion of secondary
treatment facilities throughout the state.
The state's new groundwater program
moved toward identification and classifi-
cation of all groundwater resources. This
was done in conjunction with the joint
(Department of Environmental Manage-
ment/University of Rhode Island)
computerized, geographic information
system, which has been established
to become the core of the state's envi-
ronmental management system. Our
inground tanks program is underway for
violators. The state's air toxics program
is fully established and hearings are soon
to begin on emissions standards. The
freshwater wetlands program staff has
been expanded and the permitting func-
tion has been fully computerized.
Enforcement was a major priority in
1986 with expansion of both legal and
criminal investigative staffs. During the
year there were about 40 water enforce-
ment actions, 14 air enforcement actions,
140 wetlands violations, 19 administra-
tive hazardous waste actions, and six
criminal hazardous waste actions. The
criminal investigative unit has extended
its 100 percent record of convictions to
11 cases. The governor has commended
the department for its record in this area.
During the legislative session Rhode
Island adopted a comprehensive solid
waste management strategy which
includes the nation's first mandatory
recycling law.
These actions have resulted in real envi-
ronmental improvements. The state's
report to Congress on water quality
shows 90 percent of river and stream-
miles, 97 percent of lakes, and 91 per-
cent of estuaries/ocean area supporting
designated water uses. A review of air
pollution showed a 1400-ton decrease in
hydrocarbon emissions.
While treatment of point sources of
pollution showed progress, rapid growth
and development throughout the state
suggests that non-point sources can in
the future undermine point source
progress. The preliminary work of a task
force set up to preserve the quality of the
Scituate Reservoir cites unplanned
development as a major potential source
of water quality problems. Thus, the
preservation of open space has become a
major statewide issue. An additional $14
million was approved by the voters for
open space projects during the year and,
using funds from a variety of sources,
more open land was acquired by the state
in 1986 than in any year since the Great
Depression.
In 1987 major emphasis will continue to
be placed on pretreatment and hazardous
waste enforcement and on the land use
and open land issues which are so
critical to the control of different sources
of environmental harm.
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Ver
Environmental Conservation
Leonard U. Wilson
Secretary
Upland water quality protection
and solid waste management
dominated Vermont's environ-
mental protection agenda in
14S6. Both issues reflected the impact
problems attendant on the slate's con-
tinuing, vigorous growth and develop-
ment, particularly in areas characterized
by small communities and fragile terrain.
The major legislative accomplishment in
the water program was passage of a new
law which affords additional protection
to Vermont's upland streams and adds
more stringent requirements to dischar-
gers resulting from large, on-site sewage
disposal systems. The law designates all
waters over 2.500 feet in elevation as
Class A and provides for reclassification
of other waters as Class A based on a
finding of "significant ecological value."
On-site sew age disposal systems over
6.500 gallons per day design capacity are
regulated as discharges in a manner
similar to the permit requirements of the
National Pollution Discharge Elimina-
tion System (NPDES). The law is
designed to ensure that recreational
development in Vermont's upland areas
will occur in a manner consistent with
the more fragile ecosystems found at
higher elevations.
The agency reviewed and approved the
state's first resource recovery facility
after an extensive public process and a
detailed risk analysis on the effects of
dioxin/furan emissions. The project is
under construction in Rutland and will
process approximately 25 percent of the
state's solid waste. The state established
very stringent emission standards for the
new plant with shutdown requirements if
the standards are not met.
Also in the solid waste area. Vermont is
completing a comprehensive statewide
plan of solid waste management. The
plan envisions an integrated approach of
source reduction, recycling and reuse.
waste treatment (including composting.
mechanical separation and incineration)
and landfilling. The specific solutions
will be implemented at the local and
regional level with guidance and
assistance from the state. A top priority
for the 1987 legislative session will be
the passage of legislation to support the
activities recommended in the plan.
The 1987 session of the General
Assembly will be asked to pass legisla-
tion to establish a revolving fund mech-
anism to enable municipal borrowing for
solid waste management facilities and
for wastewater treatment systems. Other
legislation that is on Governor Kunin's
priority agenda is a bill establishing and
increasing environmental permit fees
and setting processing performance
standards, and a measure creating a
rivers policy and planning process.
During Governor Kunin's first two-year
term, a large body of environmental
legislation was adopted including new
authorities regarding groundwater
management, underground storage tanks,
toxic waste-site cleanup, wetlands
protection, low-level radioactive waste
management, on-site sewage systems
and solid waste management. Rule-
making, staffing, procedure-setting and
other steps towards full implementation
of these new programs has been a major
preoccupation of Commissioner
Jonathan Lash and the Department of
Water Resources and Environmental
Engineering. In July the National
Governors" Association presented Lash
w ith its Award for Distinguished Service
to State Government in recognition of
his role in initiating and managing the
governor's environmental legislation
package.
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