2007 Region 2 Compliance and Enforcement Annual Results
FY2007 Annual Results Topics
Using a full range of compliance and enforcement strategies and tools, EPA Region 2 continues to bring more and more facilities into compliance with the laws that protect the environment and public health environment in fiscal year 2007, which runs from October 1, 2006 to September 30, 2007.
EPA Region 2, which covers New Jersey, New York, Puerto Rico and the U.S. Virgin Islands, exceeded the enforcement program accomplishments of the previous year in a number of key categories. For example, the amount of money spent by the regulated community to build pollution abatement facilities and conduct environmental improvement measures increased over 1300%, from $285.9 million to over $4 billion. The volume of pollution reduced through enforcement actions rose by 95%, from 35.7 million pounds to 69.7 million pounds. The amount of civil penalties collected from non-complying facilities increased by 102%, from $5.6 million to $11.3 million, and the number of environmentally beneficial projects undertaken by the regulated community was up by 62%, from 21 to 34.
Federal Data Presented State-by-state
EPA works in partnership with states in targeting federal enforcement where it produces the most environmental benefit.
New Jersey
Results Obtained from EPA Civil Enforcement Actions | |
---|---|
Direct Environmental Benefits | |
|
17,777,218 |
|
11,534 |
|
973,033,838 |
Investments in Pollution Control and Clean-up (Injunctive Relief) | $1,173,850,307 |
Investments in Supplemental Environmental Projects (SEPs) | $598,179 |
Civil Penalties | $7,759,016 |
Counts of EPA Civil Enforcement Actions | |
Civil Judicial Conclusions | 17 |
Final Administrative Penalty Orders | 65 |
Administrative Compliance Orders | 52 |
New York
Results Obtained from EPA Civil Enforcement Actions | |
---|---|
Direct Environmental Benefits | |
|
353,752 |
|
314,312 |
|
63,152 |
Investments in Pollution Control and Clean-up (Injunctive Relief) | $1,087,742,331 |
Investments in Supplemental Environmental Projects (SEPs) | $712,030 |
Civil Penalties | $1,481,830 |
Counts of EPA Civil Enforcement Actions | |
Civil Judicial Conclusions | 10 |
Final Administrative Penalty Orders | 87 |
Administrative Compliance Orders | 66 |
Puerto Rico
Results Obtained from EPA Civil Enforcement Actions | |
---|---|
Direct Environmental Benefits | |
|
51,585,701 |
|
4,871,578 |
|
110,354 |
Investments in Pollution Control and Clean-up (Injunctive Relief) | $1,835,745,460 |
Investments in Supplemental Environmental Projects (SEPs) | $4,012,329 |
Civil Penalties | $1,977,789 |
Counts of EPA Civil Enforcement Actions | |
Civil Judicial Conclusions | 1 |
Final Administrative Penalty Orders | 47 |
Administrative Compliance Orders | 87 |
U.S. Virgin Islands
Results Obtained from EPA Civil Enforcement Actions | |
---|---|
Direct Environmental Benefits | |
|
54,723 |
|
0 |
|
20 |
Investments in Pollution Control and Clean-up (Injunctive Relief) | $257,481 |
Investments in Supplemental Environmental Projects (SEPs) | $331,618 |
Civil Penalties | $37,500 |
Counts of EPA Civil Enforcement Actions | |
Civil Judicial Conclusions | 1 |
Final Administrative Penalty Orders | 12 |
Administrative Compliance Orders | 19 |
Federal Case Highlights Presented State-by-state
New Jersey: PSEG Fossil LLC. In a landmark settlement with EPA, PSEG agreed to either shut down or put stringent controls on its power plants in Hudson County by 2010 and to surrender allowances that would have allowed it to emit or trade 8,568 tons of sulfur dioxide and 2,856 tons of nitrogen oxides. PSEG will spend approximately $1.1 billion to correct its violations and pay a $4.2 million penalty for past violations, one of the largest penalties ever levied by EPA in a Clean Air Act case.
New Jersey: Lower Passaic River Study Area. EPA settled with 73 companies that are potentially responsible for polluting the Passaic River, which is part of a Superfund cleanup. These companies agreed to take over the study of the 17-mile reach of the Passaic stretching from the Dundee Dam in Garfield to the river’s confluence with Newark Bay. The cost of the work to be performed under the agreement is estimated at $37 million.
New York: Consent Decree Entered for Hudson River PCBs Site. In November 2006, the federal court approved the agreement between EPA and the General Electric Company (GE) requiring it to construct a sediment processing/transfer facility in Fort Edward, New York, and to begin dredging the PCB-contaminated sediments in the river. The agreement also calls for GE to pay EPA about $78 million for the Agency’s past and future costs at the site if GE agrees to conduct the second phase of dredging, and about $43 million for such costs if GE does not agree to conduct that phase. These amounts are in addition to the approximately $37 million in cost reimbursement that GE has already made under earlier settlements with EPA.
New York: Safe Drinking Water Settlement with New York City. EPA signed an agreement with New York City that sets an enforceable schedule for the construction and operation of an ultraviolet disinfection facility to treat water from the Catskill and Delaware water supplies by August 31, 2012. The agreement will allow the city to meet the federal requirement for all unfiltered water supplies to install a secondary disinfectant to provide an additional barrier of protection against microbial pathogens. The city was unable to meet an earlier date for the installation due to several delays. The city estimates it will cost $900 million to install the system.
New York: Clean Air Act Settlement with New York City Transit Authority. The federal district court in Manhattan approved a settlement between EPA and the New York City Transit Authority resolving violations of the Clean Air Act that require proper repairs of air conditioning units on subway cars in order to prevent leakage of ozone-depleting substances and the maintenance of proper servicing records for such units. The Authority paid a civil penalty of $165,000, and EPA’s enforcement action also contributed to the Authority’s decision to remove more than 1,100 old polluting subway cars known as “Redbirds” from service, resulting in a reduction of 41,184 pounds of ozone-depleting substances.
Puerto Rico: PRASA Wastewater Treatment Plant Consent Decree. A Consent Decree between EPA and PRASA, resolved a case filed against the authority for violations at 61 of its wastewater treatment plants. To comply with the settlement, PRASA will complete remedial measures that are estimated to cost $1.7 billion involving 145 short and mid-term capital improvement projects and 63 long-term improvement projects. PRASA is also required to pay a cash penalty of $1 million and complete a supplemental environmental project valued at $3 million, through which PRASA will identify one or more communities not currently connected to a PRASA wastewater treatment system and connect them to one of PRASA’s treatment facilities.