Office of Environmental Stewardship
2002 Annual Report
AEPA
United States
Environmental Protection
Agency New England
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US EPA New England
Office of Environmental Stewardship
1 Congress Street, Suite 1100
Boston, HA 02114-2023
617-918-1700
Hay, 2003
On behalf of all the employees of EPA New England's Office of Environmental Stewardship, I am pleased to
present our Annual Report for 2002. This report marks a major milestone in the evolution of the Office of
Environmental Stewardship. For the first time, we are reporting the results of the integrated efforts of our
enforcement and assistance units, rather than the separate enforcement and assistance reports of recent years.
When it was created in 1995, the Office of Environmental Stewardship was unique within EPA for bringing together
enforcement, assistance and pollution prevention. Initially, the most significant challenge we faced was the lack of
coordination between the enforcement and assistance functions. Over time, we have learned that we are most effective
when we identify environmental, public health or compliance problems; match the right solution with the right problem;
and appropriately integrate the tools at our disposal to solve them. The shape of this report reflects the change in how
we approach environmental problems.
Acknowledging that there are readers who are interested in greater detail about the work of cither the enforcement or
assistance and pollution prevention units, we are also making more detailed reports and other information relating to
each unit available on our Enforcement and Assistance web page: www.epa.gov/ne/compliance.
We hope you will find this report informative and that it will inspire you—whether as a citizen, a public sector official, or a
company owner—to embrace your role as a steward of New England's environment. If you have feedback on the report,
please send an e-mail to rlweb.rnail@epa.gov or call us at 617-918-1831.
Stephen S. Perkins, Director
Office of Environmental Stewardship
EPA New England
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Table of Contents
Introduction 3
Protecting the Health of Our Most Sensitive Populations 4
Reducing Environmental Impacts on Our Communities 6
Addressing Widespread Non-Compliance
Homeland Security and Emergency Preparedness
Promoting Continuous Environmental Improvement Through Environmental Management Systems 12
Advocating for Superior Environmental Performance 13
Conclusion 14
For Further Information 15
Acknowledgments 15
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Introduction
The Office of Environmental Stewardship is home
to the enforcement and compliance assistance
programs in EPA's New England Office. Our
mission is to protect the environment and public health in
New England by improving the environmental
performance of businesses, government and the public
through compliance with environmental requirements,
preventing pollution and promoting environmental
stewardship.
Over the past federal fiscal year (October 2001 to
September 2002), our enforcement programs assessed
more than $4.3 million in penalties, more than in any other
year since 1993. We referred 34 cases to the US Department
of Justice, including 12 Superfund cases, and set a twelve-
year record for the number of referrals. And as part of
settlement agreements, we leveraged $9.5 million in direct
environmental benefit through supplemental
environmental projects. This figure represents an all-time
record for us and is more than double the value of such
projects in 2001.
Over the same time period, our compliance and technical
assistance programs were responsible for organizing and/
or participating in more than 375 meetings and workshops
and for reaching over 14,500 individuals within the
regulated community. Through voluntary programs that go
beyond compliance, we encouraged 33 New England
companies to commit to reducing more than 4500 tons of
hazardous and solid wastes and toxic air emissions.
We achieved these remarkable results by using a broad mix
of tools and approaches (e.g., enforcement, assistance,
incentives, innovation) that address today's environmental
problems and promote environmentally sustainable
performance for the future.
Tools and Approaches:
• Integrating compliance strategies, that is, selecting, blending
or appropriately sequencing the use of incentives, enforcement
and assistance to achieve improved environmental compliance.
• Targeting sectors which are of concern across New England or
which may be difficult for individual states to address.
* Strategically using enforcement m areas which call for federal
leadership and for maintaining a level playing field for
businesses and other regulated entities.
• Achieving tangible environmental results in case settlements
and assistance efforts.
1 Promoting environmentally sustainable practices, such as
renewable energy and reduced water usage, in the regulated
community.
1 Working in partnership with states, tribes and local
governments to build capacity and set common goals.
1 Building strategic alliances with stakeholders—individual
facilities, trade associations, environmental groups,
individuals—to leverage efforts by others.
This report highlights much of our work in 2002 around die following problem-solving themes:
' Health effects on sensitive populations, particularly the
impacts of air toxics and lead 011 children, the elderly and
environmental justice communities.
' Environmental impacts on communities, such as the
impact of storm water and combined and sanitary sewer
overflows on rivers and coastal waters and of hazardous
waste and toxic substances.
• Persistent or widespread non-compliance, with a particular
focus on sectors with significant compliance problems.
• Homeland security and emergency preparedness, focused
on reducing the likelihood of unplanned releases of toxic
substance and upgrading communities' ability to respond if
necessary.
• Environmental Management Systems, which enable
facilities to take a systematic approach to managing and
reducing their environmental footprint.
• Advocacy for superior environmental performance
through new approaches, innovative technologies, and
incentive programs for going beyond compliance.
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of Our
Certain human populations such as children, the elderly,
and minority groups (including low income
communities) are more vulnerable to environmental
problems. As an agency, we have made protecting these
populations a priority and are committed to environmental
justice. Using a mix of compliance assistance activities and
enforcement actions, we focused on two very significant
threats to their health—asthma and lead poisoning. Here are
some examples of our work:
Improving the K-12 School Environment
Pound for pound, children are more sensitive to
environmental problems than adults. In addition, children
spend a significant portion of their days in school buildings.
Many of these buildings are old, inadequately maintained,
and contain environmental conditions that pose increased
risks to the health of children.
Environmental justice involves
the fair treatment of all people with respect to
the development, implementation and
enforcement of environmental laws and
policies and their meaningful involvement in
the agency's decision-making processes.
Some of the most pressing environmental issues that schools
must address range from assuring safe drinking water and
acceptable indoor air quality to safely and properly managing
chemicals and hazardous wastes. At the same time, there are
numerous opportunities for schools to adopt cost-saving
practices for reducing energy consumption, recycling solid
wastes, and conserving water usage.
Last year, we reached over 2,000 school principals,
superintendents and science teachers with our outreach
efforts in the K-12 Schools sector to provide information on
indoor air quality, integrated pest management, chemical
management and school bus idling. We also assisted in the
development of networks of federal, state and local officials
and assistance providers in Connecticut, Maine,
Massachusetts and. Rhode Island. As a result, these states
have launched their own projects to address chemical
management in schools.
Improving Air Quality
Asthma rates in New England rank among the highest in the
nation; 82 people per 1,000 or 8.2 percent of our region's
population suffers from this condition. In urban areas,
particularly low-income and minority neighborhoods, asthma
rates in many instances can be two to three times higher than
the regional average, especially for children.
Exhaust from vehicle engines and emissions from industrial
sources (such as oil or coal burning power plants and
gasoline-dispensing facilities) emit volatile organic
compounds (VOCs) and nitrogen oxides into the air we
breathe. Some VOCs are carcinogenic. VOCs and nitrogen
oxides, when combined in the presence of the sun's
ultraviolet rays, create ground-level o/one, which is
unhealthy to breathe and can aggravate respiratory
conditions such as asthma. From 1999 to 2002, ground-level
ozone in New England exceeded the EPA's standard an
average of 32 days per summer.
Last year, we pursued several significant clean air
enforcement cases and reached settlements in some cases
where facilities agreed not only to pay a cash penalty, but
also to undertake supplemental environmental projects that
will help improve the quality of our air. Many of these cases
involved the transportation and energy sectors since these
are the largest contributors of air pollutants in New England.
A Supplemental Environmental Project is a
project that results in environmental or public
health and safety benefits beyond those
required by law and may partially offset the
penalty imposed in the settlement of an
enforcement action.
For example, as part of a settlement resolving claims that it
violated hazardous waste, clean water and clean air laws, the
Rhode Island Public Transportation Authority agreed to
install participate filters and begin using ultra-low sulfur fuel
on its fleet of 156 diesel-powered buses. These changes will
reduce harmful diesel emissions from the authority's buses
by 90 percent.
Cumberland Farms agreed to spend over S2 million
upgrading the gasoline vapor recovery systems at 42 of its
gas stations in New England, New jersey and Pennsylvania.
The agreement stemmed from allegations that
Cumberland's failure to test and maintain the vapor
recovery equipment at some of its gasoline pumps resulted
111 approximately 10 tons of excess pollutants escaping into
the air between 1995 and 2000. The new equipment will
reduce emissions of toxic gasoline vapors which can escape
into the air when pumping gas.
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In another agreement, Gulf Oil will spend $421,(3(30 making
capital improvements to its fuel storage tanks in Connecticut,
Massachusetts, Maine, New Jersey, and Pennsylvania for
allegedly failing to conduct emissions tests, failing to maintain
emission control equipment, and operating a bulk fuel
storage terminal in New Haven, Connecticut without the
required permits. The improvements to Gulf's storage tanks
are expected to reduce VOC emissions by an estimated 25
tons per year for at least the next 15 years.
Health risks associated with diesel exhaust
include lung damage, respiratory problems, and
lung cancer. A typical diesel vehicle burns
approximately one gallon of diesel fuel
for each hour it idles.
Last year, we also ordered Exelon Generating Company to
reduce the amount of visible emissions (or paniculate
pollutants) coming from its smoke stacks at the Exelon
Mystic Power Plant in Everett, Massachusetts. These
pollutants can trigger asthma and other respiratory illnesses.
As a result, Exelon last summer installed new ignition
equipment on three of the facility's older generators and
switched to a lower sulfur, cleaner burning, fuel oil, thereby-
reducing visible emissions and helping to eliminate sulfur-
based smoke plumes from the plant.
In settling allegations that it illegally released ozone-depleting
substances into the air by improperly crushing discarded
refrigerators and air conditioners, Waste Management of
Massachusetts paid a $775,000 penalty and agreed to spend
$1.4 million to retrofit 200 Boston school buses with particle
traps and to purchase low-sulfur diesel fuel for the buses.
This is one of the largest school bus retrofit efforts in the
nation. Waste Management is also spending $1.2 million to
create park land near Chelsea Creek in East Boston,
Massachusetts. The park will provide the first public access
point to the creek, as well as much needed green space for
die urban neighborhoods of East Boston and Chelsea,
Massachusetts.
And lastly, as part of a regional effort to curb diesel
emissions in urban areas, we also initiated enforcement cases
against two bus companies operating out of Logan Airport
for excessive idling of their buses last summer. The bus
companies are National Car Rental and Paul Revere
Transportation. Massachusetts forbids the unnecessary idling
of vehicles for more than five minutes and these are the
first penalties sought by EPA for excessive idling in the state.
Two other New England states, Connecticut and New
Hampshire, also prohibit excessive vehicle idling.
Reducing Lead Paint Exposure
Because New England has some of the oldest housing stock
in the country, lead poisoning remains a significant public
health concern. Low-level lead poisoning is widespread
among American children, affecting as many as three million
children under the age of six, with lead paint being the
primary cause. Children are especially susceptible to lead
poisoning since they are more likely to ingest lead paint and
are more sensitive to the effects of lead. Elevated lead levels
can trigger learning disabilities, decreased growth,
hypcractivity, impaired hearing and even brain damage.
In an effort to reduce lead exposure, the federal
Residential Lead-Based Paint Hazard Reduction Act
requires sellers and landlords selling or renting housing
built before 1978 to:
* include lead notification language in sales and rental
forms;
• disclose any known lead-based paint and lead-based
hazards in the living unit and provide available
reports to home buyers or renters; and
• allow a lead inspection or risk assessment by home
buyers.
Over the past year, we organized and participated in
numerous outreach projects to contractors, sellers, and
lessors to raise awareness of lead paint disclosure laws. To
complement our assistance efforts, we inspected 64
properties affecting over 20,000 housing units throughout
New England and also took action against those failing to
comply with lead paint laws.
The region's housing shortage has forced many
low-income families in urban areas to remain
in older housing with deteriorating
lead paint or face homclcssncss.
Notifying prospective tenants or buyers that the property
contains lead paint is one way to reduce die incidence of
childhood lead poisoning. Accordingly, we sued two
Manchester, New Hampshire realtors, Senecal Properties
and Lacerte Realty, for allegedly failing to properly notify
tenants and buyers of properties containing lead paint,
exposing young children to lead hazards and preventing
tenants and buyers from taking appropriate precautions. We
also settied an enforcement case with the Franklin Pierce
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Law Center in Concord, New Hampshire to resolve claims
that it failed to notify students that lead was present in some
of its residential housing units. The law school agreed to a
penalty and to spend $103,300 to abate lead paint hazards in
all applicable student housing.
Another example of our aggressive enforcement to protect
public health and hold businesses accountable for their
actions is our case against D&D Sandblasting of Somerset,
Massachusetts. As the contractor renovating a building in
Fall River, Massachusetts, this company paid a penalty for
allegations of improperly handling lead paint and debris
which resulted in a shipment of approximately 8.9 tons of
lead-contaminated debris to a local landfill that was not
licensed to accept hazardous waste. Because the waste was
not properly handled, lead dust contaminated large parts of
the building, which included a dance studio for children
under the age of six that employed a pregnant dance
director. We ordered the dance studio closed until the lead
debris was cleaned up.
Environmental on Our Communities
Since the 1970s when many of the nation's
environmental laws were passed, we have achieved
remarkable improvements m the environmental quality
of our water, air and land. Unfortunately, pollutants from a
variety of sources continue to threaten our environment and
impact our communities. They are entering the environment
not only from industrial activities, but also from rain or
melting snow. And, we are still faced with the consequences
of poor waste disposal practices of yesterday.
Controlling Storm Water Runoff
Designated the "Year of Clean Water," 2002 marked the 30th
anniversary of the passage of the Clean Water Act. While
significant progress has been achieved in controlling and
reducing pollutants entering our waterways, storm water
runoff remains a leading cause of water quality problems
nationwide. In New England, more than one-third of the
region's streams and nvers are still unsafe for swimming,
boating and other activities, especially after wet weather. In
the summer of 2001, New England experienced more than
750 beach closure days, including 100 on Cape Cod.
Phase I of the Clean Water Act's Storm Water Rules
requires permitting of industrial facilities and construction
sites greater than five acres. Runoff from industrial facilities
contains toxic constituents while runoff from construction
sites transports sediment and a variety of pollutants into our
waterways. It has been estimated that during the course of
one year, erosion from a one-acre construction site may yield
20 to 150 tons of sediment if not properly managed.
Because protecting our streams and rivers from such runoff
is so important, we pursued enforcement cases against
several construction-related companies last year for violating
the Phase I Storm Witer Rules.
For example, Boston Sand & Gravel paid a $897,983
penalty to settle allegations that it violated the storm water
rules at sites in Charlestowii, Everett, and Weymouth,
Massachusetts. In addition to the penalty, the company
agreed to spend $445,000 to undertake a wastewater
recycling project at its Charlestowii facility. The project will
reduce corrosive discharges of the facility's wastewater to
the Millers River and conserve potable water by recycling
waste concrete slurrv.
Storm water runoff is caused by rain and melting snow, which flows from land, pavement,
construction sites, building rooftops and other surfaces. It accumulates sediment and pollutants such
as oil and grease, toxic chemicals, pesticides, nutrients, metals, and bacteria as it travels across land.
Heavy precipitation or snow melt can also cause sewer overflows which, in turn, may lead to the
contamination of water sources with untreated human and industrial waste, toxic materials, and other
debris. EPA controls storm water and sewer overflow discharges through its National Pollutant
Discharge Jilimination System (NPDKS) permit program.
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We also cited builders, construction firms and a land owner
for allegedly failing to have storm water permits for several
real estate development sites. We filed complaints seeking
penalties against V&G Development, which is developing the
Chestnut Hill Estates in Methuen, Massachusetts, as well as
PREIT Services, Bestech Environmental Services, and
Fairfield Mall Limited Partnership, which are redeveloping
the Fairfield Mall in Chicopcc, Massachusetts, for claims
that they failed to follow storm water rules at their sites.
We also reached a 575,000 settlement with Mesiti
Development for allegedly violating some of these rules at
a Salem, New Hampshire residential development site.
These enforcement actions are part of a multi-faceted
effort by EPA to bring developers and builders into
compliance with storm water runoff regulations. In
addition to inspections, this effort includes extensive
compliance assistance activities. In 2002, we conducted
over 30 workshops for municipal and state agencies and
die construction industry to help them better understand
the new Phase II storm water requirements which take
effect in .March 2003. .More than 1,200 individuals
attended these training sessions. We also developed a
number of outreach publications to assist with compliance.
These publications are available on our web site.
Under Phase II of the Storm Water Rules,
475 New England communities with
populations less than 100,000 are required to
develop comprehensive storm water
management programs. The rule also requires
that municipal industrial facilities (such as
wastewater treatment plants) and construction
sites disturbing one or more acres of land apply
for storm water permit coverage
by March 10, 2003.
Reducing Municipal Sanitary Sewer Overflows
Properly designed, operated and maintained sanitary sewer
systems are meant to collect and transport all in-flowing
sewage to a publicly owned treatment works. However,
unintentional discharges of raw sewage from municipal
sanitary sewers occasionally occur because of operation and
maintenance problems or limited system capacity?. These types
of discharges are called sanitary sewer overflows. Nationally,
EPA estimates there are at least 40,000 sanitary sewer
overflows each year. These overflows of raw, untreated
sewage can cause water quality problems and significant health
risks. They also can cause property damage if die sewage
backs up into basements. Discharges of untreated sewage,
even if unintentional, are illegal under the Clean Water Act,
and when necessary, we have brought enforcement cases
against municipalities that continually fail to address these
overflows.
In 2002, we successfully reached agreements with Greenwich,
Connecticut; Waterbury, Connecticut; and Winchendon,
Massachusetts to pay a total of $680,000 in civil penalties for
raw sewage overflows which resulted in millions of gallons of
untreated sewage flowing into area waterways. More
importantly, the communities also agreed to improve
maintenance of their collection systems and to make much
needed upgrades and repairs to their sewer systems. These
upgrades and repairs, which will cost the three communities
more than S24 million, will help reduce or eliminate sanitary
sewer overflow incidents.
Improving Hazardous Waste and Toxic Substances
Management
Over the past 30 years, we have come a long way in
managing and properly disposing of the wide range of
hazardous substances found in our homes, schools and
workplaces. Because industrial and manufacturing processes
continue to create many different types of wastes, the
release of hazardous substances into our soil, ground water,
surface water, and air remains a threat in our communities.
Over the past year, we pursued several enforcement cases
against companies for improperly managing toxic substances
and hazardous wastes. For example, die Rolf C. Hagcn
Corporation of Mansfield, Massachusetts agreed to pay a
penalty of $204,600 for allegedly importing, distributing and
selling unregistered and improperly labeled pesticides. Under
the Federal Insecticide, Fungicide and Rodenticide Act,
products or devices that prevent, repel, trap or destroy pests
must be registered with EPA before they are sold or
distributed. To ensure product safety-, registration and
labeling standards require information on any potential
adverse effects that could harm human health or the
environment.
Hexavalent chromium and tnchloroethyleiie (TCE) are two
highly toxic chemicals and potential carcinogens commonly used
in industrial processes such as metal finishing and degreasmg. In
resolving a complaint alleging violations of hazardous waste
laws and Clean Air Act monitoring and reporting requirements,
Cambridge Plating, a Belmont, "Massachusetts metal finishing
company, agreed to spend $357,000 on environmental
improvements that will reduce emissions of these two toxic
substances as well as pay a penalty of $65,000.
When settlement negotiations fail, we are prepared to take an
enforcement case to a hearing before an administrative law
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judge. Last year, die Barden Corporation, a ball bearing
manufacturer in Danbury, Connecticut, was ordered by a
judge to pay the $281,000 penalty for multiple violations of
the Clean Air Act, including emitting more than 10 tons of
TCE above the allowable annual limit in 1998.
Katahdin Analytical Services, an analytical laboratory in
Westbrook, Maine which generates hazardous wastes and
disposes of laboratory samples from customers, agreed to
pay a $12,500 penalty for alleged hazardous waste storage
and handling violations. The company also agreed to conduct
facility-wide audits for five consecutive years to assure
worker safety and environmental protection.
Cleaning Up and Revitalizing Superfund Sites
Our Superfund Program continues to achieve remarkable
success cleaning up the region's most contaminated sites.
EPA has spent nearly S1.2 billion to date on the 110 New
'England sites on the National Priorities List. Cleanups are
underway or have been completed at 75 percent of these
sites. Wlnle we continue working to clean up Superfund
Sites, we are also spending considerable effort pursuing
claims against potentially responsible parties for cleaning up
sites or reimbursing the government for cleanup costs. We
have also made reuse and redevelopment a priority in all
of our cleanups.
One of EPA's priorities is to have those responsible for
contamination at a Superfund site perform the cleanup. If
die parties are unwilling to cooperate, we can issue an order
requiring them to carry out the cleanup. Or, we can
perform the cleanup ourselves, in cooperation with the
state, using funds from the Superfund Trust Fund or
appropriated by Congress, and seek to recover the costs
from the responsible parties.
Last year, we issued an order requiring the responsible
parties at the Sutton Brook Disposal Area Superfund Site in
Tewksbury, Massachusetts to remove a temporary stockpile
of contaminated soil that had been created as a result of the
excavation of drums, containers and contaminated soil on
the site. This site, also known as Rocco's Landfill, accepted
municipal, commercial and industrial wastes from 1957 to
1988. Our action was an important step in the overall
cleanup process.
We also reached successful settlements which will guarantee
the cleanup of two major Superfund sites. At the Rose Hill
Regional Landfill Superfund Site, the agreement calls for the
towns of South Kingstown and Narragansctt, Rhode Island,
the State of Rhode Island and EPA to share the estimated
cleanup costs of $32.7 million. The site is a former
municipal landfill and operated as a domestic and industrial
waste disposal facility from 1967 to 1983. Runoff from the
site led to contaminated soils and groundwater. Over
17,000 people obtain water from wells located within 3
miles of the site. At the Barkhamsted-New Hartford
Superfund Site in Barkhamsted, Connecticut, cleaning up
groundwater contamination will be conducted by the
thirteen responsible parties. The groundwater underlying
the site, a former landfill, is contaminated with volatile
organic compounds. Many private wells and a municipal
water supply well serving an estimated 4,800 people are
located within 3 miles of the site.
Last year, we also recovered significant cleanup costs at the
National Oil Services Superfund Site, where we settled with
over 400 parties, recovering about 70 percent reimbursement
of the $1.6 million cleanup costs. The site is a former waste
oil storage, treatment, recycling and disposal facility located
111 West Haven, Connecticut.
Many of our other settlements protected the nghts of
smaller parties—either parties with limited abilities to pay,
or parties that only contributed a very small amount of
contamination (also called de minimis parties). At the West
Site/Hows Coiner Superfund Site in Plymouth, Maine,
sixty parties resolved their liability for all past and future
costs through ability-to-pay settlements with EPA. We also
finalized de minimis settlements with small volume
contributors at the Beede Waste Oil and Fletcher Paint
Works Superfund Sites. These settlements netted S8.6
million dollars for cleanup costs at those two sites, while
also releasing the small volume contributors from further
liability? and protecting them from litigation by other parties.
Located in a residential area of Plaistow, New Hampshire,
the Beede Waste Oil Superfund Site is heavily
contaminated as a result of several waste oil-related
operations from the 1920s until 1994. In the second of
two de minimis settlements for this site, we issued
approximately 1,000 settlement offers. With 415 parties
accepting, it brings the total number of de minimis parties
that have settled at the Beede Site to 911. At the Fletcher
Paint Works Site in Milford, New Hampshire, Great
American Financial Resources and AVX Corporation also
agreed to settle their liability as small volume contributors.
This settlement protects these parties from contribution
claims brought by General Electric, which is cleaning
up the site.
De minimis settlements are a
way for small volume contributors at Superfund
sites to settle directly with EPA and thereby
reduce their economic burden.
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Iii addition to environmental and public health protections,
stringent regulatory compliance can produce a positive
economic benefit. For example, we took a series of actions
111 2002 that allowed the sale and safe reopening of the pulp
and paper mills in Berlin and Gorham, New Hampshire to
proceed. Past contamination at the mills as well as current air
violations had become barriers in transferring ownership. As
a result, EPA, the State of New Hampshire and Brascan/
Fraser Corporation entered into series of legal agreements
that will bring the mills into compliance with the Clean Air
Act and Clean Water Act as well as address PCB
(polychlorinated biphenyl) contamination at the Berlin pulp
mill. In May 2002, the Governor of New Hampshire
announced the sale and reopening of the Brascan/Fraser
Mills. These mills are vital to the economy of these two
nor then New Hampshire towns.
In April 2002, we issued a Prospective Purchaser-
Agreement between KPA and the Pittsfield Kconomic
Development Authority. The agreement is closely tied to
the judicial Consent Decree which requires the General
Electric Company to clean up PCB contamination in
Pittsfield, Massachusetts and the Housatonic River. GE, the
City of Pittsfield, and the development authority agreed on a
545 million redevelopment package that includes the transfer
of 52 acres of property from GE to the development
authority. Under the agreement, the development authority
also received a release from liability for existing
contamination on the property, making it significantly more
marketable and setting the stage for economic revitalization.
Non-Compliance
Since the 1990s, our compliance programs have evolved
from a pure "command and control" approach to a
more cooperative approach on the part of both
government and industry. While we continue to maintain a
strong enforcement role, we are also developing new ways to
achieve environmental compliance. For example, we develop
strategies that include coordinated enforcement and
compliance assistance activities in sectors where we believe
there is significant and wide-spread non-compliance with
environmental laws.
Improving Public Sector Environmental Compliance
Public agencies continue to violate numerous environmental
requirements. In 2002, enforcement actions were taken
against 15 municipalities for alleged violations of oil spill
prevention requirements. Many of these municipal facilities
were located adjacent to water bodies or have storm water
collection systems that would eventually discharge to a
waterway. So, if an oil or gasoline spill were to occur, the
likelihood of pollutants reaching nearby water is high.
Among the public agencies we took action against last year
was the Maine Turnpike Authority, which agreed to pay a
$100,000 penalty for allegedly violating federal and state
rules governing hazardous waste and oil spill prevention
plans. The authority will also spend $184,000 to purchase
equipment for a new emergency hazardous materials spills
response team in southern Maine. The Maine Emergency
Management Agency will organize the team while the
turnpike authority will purchase the needed equipment.
The Town of Natick, Massachusetts agreed to pay a
$56,775 penalty and perform supplemental environmental
projects worth more than $211,000 to settle claims of
federal hazardous waste and clean water violations at the
town's public works facility Natick agreed to implement a
town-wide pollution prevention plan and an environmentally
Under the Clean Water .Act, all facilities storing large amounts of oil that could reach navigable waters
are required to create and implement a Spill Prevention Control and Countermeasure Plan to minimize
environmental risks from oils spills from onsite tanks. Spills can occur during filling, from tank failures,
and from improper maintenance, vandalism or other accidents.
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preferable purchasing plan to reduce the amount of
chemicals the town purchases and the amount of hazardous
wastes generated by the town. Natick will also conduct an
environmental assessment of a contaminated area at the 22
acre Pegan Cove Park in order to expand the use of the park.
As a result of this action against Natick, we developed an
environmental audit initiative for municipal public works
departments with the New England Chapter of the
American Public Works Association. The initiative
encourages all public works departments in the 1500 New
England municipalities to self-audit, disclose and correct
violations of environmental statutes. At the end of last year,
335 facilities agreed to participate and 268 disclosures were
received. Thus far, we have learned that through the audit
initiative there was more environmental cleanup in just one
year than traditional enforcement would have accomplished
m several years.
Colleges and Universities Leading the Way
To protect the health of their communities and comply with
the various environmental laws, colleges and universities
grapple with a number of environmental issues both on and
off their campuses. Higher education campuses are similar
EPA's audit policy encourages regulated entities
to identify environmental violations, disclose
them to us and voluntarily correct them. If
specific conditions are met, the policy allows
penalty reductions of up to 100%.
to small cities because they undertake a variety of activities
that can generate large volumes of toxic wastes. These
activities include operating research laboratories, medical
facilities, auto repair facilities, power plants, wastewater
treatment plants; disposing of ha/ardous and solid wastes;
supplying drinking water; and maintaining campus grounds.
Unfortunately, most colleges and universities have no central
authority coordinating environmental practices. Often their
internal environmental practices differ from department to
department.
In 1999, to help colleges and universities address their
problems, we launched an integrated strategy that combines
compliance assistance tailored specifically to the needs of
these institutions with an aggressive enforcement presence
(including unannounced inspections). In the same year, we
also began a pilot project with three universities to improve
both laboratory management practices and environmental
performance. Since the initiative was launched, we have
conducted numerous workshops reaching over 1,400
individuals.
This past year, we continued working with New England's
331 college and university facilities to improve
environmental compliance through self-auditing and
voluntarily disclosing and correcting violations. The goal is to
have facilities be responsible for their own. environmental
performance. As of October 2002, we received an
impressive 175 letters from colleges and universities noting
their intent to self-disclose violations. In addition, through an
EPA grant, we are working with the University of
Massachusetts-Lowell to assist three colleges and universities
implement guidelines for continuous improvement and
environmentally sustainable practices.
In 2002, we continued our enforcement efforts by taking
actions against Brown University, Central Connecticut State
University and the University- of Massachusctts-Amhcrst.
For alleged violations of ha/ardous waste laws and oil spill
prevention rules, Brown University in Providence, Rhode
Island agreed to pay a penalty of $79,858 and to perform a
supplemental environmental project valued at $285,000.
Under this project, Brown will conduct the following
activities at its own school and at four Providence high
schools: (1) convert the chemistry laboratories from
traditional experimentation to "microscalc" chemistry, where
much smaller amounts of chemicals are used to train
students; (2) implement purchasing and inventory tracking
systems to have better control over the number of
chemicals used and the hazardous wastes generated; and (3)
establish a fund to perform a one-time "clean out" of
chemicals and hazardous materials in the high schools to
reduce environmental risks.
In a separate yet related project, we are working with a
consortium of three universities to test an innovative
approach to reducing regulatory inefficiencies while at the
same time achieving better environmental performance in
laboratories. Under the current regulatory structure,
academic research institutions are required to comply with
regulations from the Occupational Safety Health
Administration (OSHA) as well as with EPA's hazardous
waste laws. The project's goal is to eliminate cluplicative and
inefficient requirements.
Our partners in this project include Boston College, the
University of Massachusetts-Boston, the University of
Vermont, the Massachusetts Department of Environmental
Protection and the Vermont Department of Environmental
Conservation. The project will develop and test
environmental management plans that will meet both
OSHA's and EPA's requirements and effectively manage
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laboratory wastes under one document that emphasizes
increased training for laboratory staff, faculty and students;
reduced waste generation; increased chemical redistribution
and reuse; and pollution prevention.
After more than three years, we have learned that a flexible,
systematic approach to laboratory management is working,
resulting in improved environmental management and
understanding of the requirements at all three schools.
Training laboratory workers and pollution prevention
activities have proven to be extremely rewarding as there are
long-term behavioral and attitude changes of staff and
students at these schools. As a result of this project and
related efforts by other academic groups, EPA is considering
new guidance or rule-making for waste management in
academic laboratories.
Homeland Security Emergency
The attacks of September 11, 2001 have shown the
potential vulnerabilities of certain facilities to possible
terronst attacks. In response, we are vigorously
enforcing the laws and regulations that improve the safety of
facilities that use, handle, produce or store hazardous chemicals.
We are not only enforcing the laws, but also -working with local
and state emergency planning committees to assist facilities with
improving their security and preparedness.
A provision in the Clean Air Act focuses on the prevention
of chemical accidents through risk management planning.
Because serious chemical accidents impact public health
and the environment, industry has an obligation to prevent
accidents, operate safely and manage hazardous chemicals
in responsible way. It is also important for government and
the public to partner with industry for accident prevention
to be successful. Eliminating risks from chemical accidents
is especially critical for facilities located in densely-
populated urban neighborhoods.
Ammonia is a chemical commonly used as refrigerant in air
conditioning and cooling equipment at many facilities.
Airborne ammonia is corrosive to the skin, eyes, and
mucous membranes and may be fatal if inhaled. An
accidental release of ammonia could threaten the
surrounding area, resulting in evacuations or injuries. Last
year, we cited several companies, including Dean Northeast
(which markets dairy products as Garelick Farms) for
allegedly failing to adequately plan for preventing and
controlling accidental releases of ammonia. The New
England Confectionary Company (NECCO) and Kayem
Foods agreed to fines for inadequate risk management
planning at their respective facilities located in Cambridge
and Chelsea, Massachusetts. In addition, NECCO will design
and install an ammonia diffusion system valued at $160,000
at its new location in Revere, Massachusetts.
Chlorine is commonly used as a disinfectant in drinking
water and waste-water treatment plants. Toxic and highly-
corrosive, accidental releases of chlorine can cause serious
health impacts. Last year, we sued Danbiiry, Connecticut and
St. Albans, Vermont for allegedly failing to prepare and
implement adequate plans to prevent the accidental release
of chlorine. Danbury agreed to pay a penalty and spend
$320,000 to convert its drinking water plant's chlorine
disinfection system to a sodium hypochlorite disinfection
system. This conversion will benefit the public health and the
environment by eliminating the use of chlorine in the
system. The suit involving St. Albans' wastewater treatment
facility is still pending.
Risk management planning requires facilities to identify and assess their chemical hazards and carry out
certain activities designed to reduce the likelihood and severity of accidental chemical releases.
Information is made available to state and local governments and the public in order to work to reduce
risks to the community from accidental releases. Such planning facilitates not only local emergency
preparedness and response, but also pollution prevention and worker safety.
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Promoting Continuous Environmental Improvement Through
While firmly committed to strong enforcement
and assistance to achieve improved compliance,
we are also striving for new ways to encourage
responsible environmental behavior. Among the tools we
are using more widely in this regard are Environmental
Management Systems (KMSs). Through this approach,
facilities are encouraged to adopt sound management
practices to address environmental compliance, as well as
to address important environmental issues not fully-
covered by laws arid regulations, such as resource depletion
and greenhouse gas emissions. An EMS approach is not
limited to the private sector, but will in fact be required of
all federal facilities.
An Environmental Management System is a
systematic approach to ensuring that
environmental activities are well managed in any
organization. It basically requires an organization
to identify the environmental impacts of their
operations, decide which ones are the most
significant, and then set measurable reduction
goals. EMSs vary from one organization to
another, but there are common elements such as
training, high level management involvement,
measurement, and documentation of procedures.
Because an EMS focuses on management practices, the
approach can be implemented at facilities of widely varying
sizes, complexities, and missions, whether they be offices,
laboratories, ships, facilities, programs, or agencies. An EMS
can provide a predictable structure for managing, assessing,
and continuously improving the effectiveness and efficiency
of facility operations. An EMS approach includes a periodic
review by top management and emphasizes continuous
environmental improvement instead of crisis management.
By itself, an EMS does not guarantee compliance with the
law. Regulators, communities, and environmental groups
want to see credible evidence that an EMS is being used to
ensure environmental compliance and advance
environmental goals. EPA is gathering this evidence through
its National Environmental Performance Track Program, a
voluntary program designed to promote the use of EMSs
and to motivate and reward top environmental performance.
To participate, facilities must have an environmental
management system in place, demonstrate consistently
strong environmental performance, including a history of
sustained compliance, and commit to making further
environmen tal imp rovements.
For the federal sector, Executive Order 13148, "Greening
the Government Through Leadership in Environmental
Management," requires the development of EMSs at federal
facilities by December 2005. In cooperation with EPA's
Regions 2 and 3, we conducted the first of a series of
national workshops for federal agencies in June 2002. More
than 170 federal facility managers from Maine to Virginia
attended. We also held numerous seminars to assist New
England agencies meet their obligations under the Executive
Order. Last, but not least, we are developing and
implementing EMSs at our regional laboratory in
Chelmsford arid our main office in Boston.
We are also working to introduce the EMS approach to
other sectors—colleges and universities, K-12 schools,
hospitals, mannas, and metal finishers. In addition, we are
increasingly using an RMS as part of the settlement
agreement for enforcement cases. When a facility's
compliance problems indicate fundamental failures in the
facility's ability to manage its environmental programs,
inclusion of an EMS as part of the consent order/
agreement can be an effective way to ensure that the
facility develops the infrastructure necessary to ensure
long-term compliance.
New England's 33 Performance Track facilities are already seeing the environmental and economic benefits
of implementing an EMS. Over the past two years, the facilities have made commitments to 132
environmental improvements that go above and beyond what is required by the law. Among the results: 11
facilities have made operational changes that will result in a reduction of total solid waste generation by
nearly 8.3 million pounds—a 9.9 percent reduction over previous levels; 12 other improvements will result
in a reduction of total energy use by 5.6 million BTUs, the average energy use of 54,000 households.
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for
Wink tiidifioinl icgulifon ippioichts kttp most
foims ot pollution, in theck, additional gams can.
be made by developing more dynamic ways of
improving environmental protection. Often regulations fail
to provide positive incentives to motivate companies to do
more than is environmentally necessary, that is, to go beyond
compliance. Additionally, regulations may not address an
emerging environmental issue that requires new solutions.
Below is a summary of several of our most innovative
projects designed to encourage the regulated community to
go beyond compliance.
Corporate Leadership in the Metal Finishing Industry
To move the metal finishing industry towards environmental
compliance and beyond, the industry, in partnership with
EPA, developed the Strategic Goals Program in 1997. Since
then, we have implemented various outreach programs to
assist metal finishers in reaching their goals. We have
organized workshops, developed tools such as videos and
compliance manuals, and established an internship program
with the University of New Hampshire that deploys students
to do on-site technical assistance. We have also coordinated
inspection targeting of metal finishing facilities to try to level
the playing field for those companies that are working hard
to stay m compliance and meet their goals.
Results so far are exceptional. Four-dozen companies
participating in the program have achieved an average 35
percent reduction m water use, a 50 percent reduction in
sludge generated and a 58 percent reduction in metals
emissions to water since the baseline year of 1992.
Unfortunately, many metal finishers are not able to make
more progress on their goals because of manufacturing
requirements.
Large corporations subcontract most of their manufacturing
to small suppliers, a trend that industry analysts predict will
increase in the future. For example, 80 percent of a Pratt
and Whitney airplane engine is made at facilities that are not
owned by Pratt & Whitney. Driven by economics and quality
issues, development of working partnerships with suppliers is
a growing trend in the manufacturing industry. To take
advantage of this trend and help metal finishers who are
often third-, fourth- or fifth-tier suppliers to large
manufacturers, we developed a Corporate Sponsor Program.
The Corporate Sponsor Program gave Raytheon Company
of Massachusetts and Connecticut-based Pratt & Whitney a
way to mentor their suppliers, thereby providing technical
information and a powerful incentive to small suppliers. The
ultimate goal of this program is to write environmental
requirements into the contract requirements that companies
like Raytheon and Pratt give to their suppliers.
LL tht FmgiaiiTs inception m 2001, Riifhton his eiL.ifttt
,111 t_m iionmaif.il diLLklisf th it it lists to ptifomi mdits at
its metal finishing suppliers. Pratt & Whitney organi/ed an
EMS project for suppliers and has put EMS requirements
into some of its long-term manufacturing contracts. For the
upcoming years, we will expand this industry collaborative to
new companies within the region.
Clean Marine Engine Initiative
New England has thousands of ponds and lakes as well as
thousands of miles of rivers and coastal waters. These water
bodies provide outdoor enthusiasts with vast opportunities to
enjoy boating and other recreational activities. Until recently,
conventional, two-stroke marine engines powered most
recreational boats and personal water craft. These traditional
marine engines waste significant amounts of gasoline and oil,
and, as a result, discharge up to 30 percent of their fuel
directly into the water and air as pollution.
With the cooperation of marine engine manufacturers, EPA
issued regulations in 1996 to significantly reduce the amount
of pollutants released from outboard and personal water
craft marine engines. From 1998 to 2006, the corporate
average exhaust emission standards for outboard and
personal water craft marine engine manufacturers will
become increasingly more stringent. Controlling these
exhaust emissions will result in an unprecedented 75 percent
reduction in hydrocarbon emissions from these engines by
the year 2025. To reach the yearly emissions reductions
required by the regulations, it is anticipated that marine
engine manufacturers will build increasing numbers of lower
emission, engines each year.
In 2002, we teamed up with New England state
environmental agencies, the Marine Retailers Association of
America, the National Marine Manufacturers Association
Low-Pollution Marine Engines Help
New England's Environment
• Burn 35 percent to 50 percent less gasoline
• Use up to 50 percent less oil
• Start easier and run quieter
• Reduce smoke and fumes
• Accelerate with more precise throttle
response
• Reduce emissions into the air
by 75 percent
• Reduce gasoline released into surface waters
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and state marine trade associations to launch a New
England-wide Clean Marine Engine Initiative to accelerate
the sale of new, cleaner outboard and personal water craft
engines. Modeled after a successful campaign in New
Hampshire, we partnered with New York and the New
England states to encourage consumers to purchase low-
pollution manne engines which deliver improved
performance, reduced fuel and oil usage and dramatically
reduced emissions.
Developing New Technologies
Many of our most challenging environmental problems
could be solved with innovative technologies. Unfortunately,
environmental technology innovators are frequently
frustrated by the process of finding the appropriate
government programs and resources to assist them in the
development of new technologies. EPA's Small Business
Innovative Research Program funds small businesses to
investigate the commercial feasibility of advanced
technologies. Because New England is a leader in technology
development, this program is especially important to us.
Last year, we secured $1.5 million from this program to
directly target technology development that will address New
England's priority environmental problems. For example,
discharges from combined sewer overflows and storm water
runoff are a major reason why many of the region's rivers
and estuaries remain unsafe for swimming and fishing.
Arsenic in drinking water is another priority area, especially
in states such as New Hampshire where arsenic exists
naturally in much of the state's groundwater. Last year, EPA
established a new, more stringent standard for arsenic in
drinking water that public water suppliers must comply with
by 2006. Finally, innovative lead paint removal technologies
are needed to reduce the incidence of childhood lead
poisoning. We are confident that the 15 projects funded
through this research program hold great promise for finding
new, cost-efficient technologies to tackle our most serious
environmental problems.
Conclusion
Protecting human health and the environment is the
mission of EPA New England. The Office of
Knvironmental Stewardship is responsible for
improving the environmental performance of businesses,
government and the public through compliance with
environmental requirements, preventing pollution and
promoting environmental stewardship. Over the past year,
we have achieved notable success by using a variety of
enforcement and assistance approaches that address today's
environmental problems and promote environmentally
sustainable performance. We hope this report illustrated out
problem-solving philosophy. Once again, your feedback is
important to us.
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For Further
Contacts for Stories Covered in this Report:
Audit Policy Joel Blumstein 617-918-1771
Clean Air Act Enforcement Fred Weeks 617-918-1855
Clean Marine Engine Initiative Larry Wells 617-918-1836
Clean Water Act Enforcement Karen McGuire 617-918-1796
Colleges and Universities Peggy Bagnoli 617-918-1828
Josh Secunda 617-918-1736
Emergency Preparedness Len Wallace 617-918-1835
Environmental Management Systems Martha Cur ran 617-918-1802
Federal Facilities Anne Fenn 617-918-1805
Hazardous Materials & Wastes Ken Rota 617-918-1751
Homeland Security Jim Gaffey 617-918-1753
K-12 School Sector Joan Jouzaitas 617-918-1846
Laboratory Management Anne Leiby 617-918-1076
Lead Paint Enforcement Deborah Brown 617-918-1706
Metal Finishing Sector Linda Darveau 617-918-1718
Pesticides Enforcement Wayne Toland 617-918-1852
Public Works Audit Initiative Nancy Barmakian 617-918-1016
Small Business Innovative Research Program Maggie Theroux 617-918-1613
Storm Water Outreach - Municipal Jack Healey 617-918-1844
Chris Jendras 617-918-1845
Storm Water Outreach - Construction. Abby Swaine 617-918-1841
Superfuiid Enforcement Joanna Jerison 617-918-1781
Other Office Contacts: 617-918-1700
Stephen Perkins Director
Sam Silverman Deputy Director
Clara Chow Assistant Director, Planning, Evaluation and Reporting Unit
Thomas D'Avanzo Manager, Assistance and Pollution Prevention Office
Ken Mo raff Manager, Enforcement Office
Web Pages of Interest:
For more detailed information on the programs and activities of the Office of Environmental Stewardship, visit:
www.epa.gov/ne/compliance
For information on the EPA New England Office visit:
www. ep a.gov/ne
Acknowledgments: 2002 Annual Report Team
Project Lead and Writer: Carol Kilbride
Editors: Bill Chin, Clara Chow
Team Members: Joel Blumstem, Deborah Brown, Clara Chow, Cynthia Greene, Robert Guillemm,
Stephen Perkins and Ken Rota
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?,EPA
United States
Environmental Protection
Agency New England
EPA-901-R-03001
www.epa.gov/ne/compliance
May 2003
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