DEM UPDATES POLICY ON SUPPLEMENTAL ENVIRONMENTAL PROJECTS

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RI Department of Environmental Management
235 Promenade Street, Providence, RI 02908
(401) 222-2771 TDD/(401) 222-4462

For Release:	August 31, 2004
Contact:	Gail Mastrati 222-4700 ext. 2402 Stephanie Powell 222-4700 ext. 4418

DEM UPDATES POLICY ON SUPPLEMENTAL ENVIRONMENTAL PROJECTS

PROVIDENCE -- The Department of Environmental Management has updated its policy that allows, under certain circumstances, violators of environmental laws to undertake beneficial restoration projects in lieu of paying full penalties in enforcement actions. The terms and schedule for completing such restoration work -- known as a Supplemental Environmental Project (SEP) - are specified in an enforceable consent agreement between DEM and the respondent.

A SEP is a project, beyond that required by law, that produces environmental or public health and safety benefits. A SEP must improve or protect the environment at large, or reduce environmental risks to public health. If carefully crafted and executed, SEPs can provide useful environmental benefits beyond what can be secured solely through administrative agreements. A SEP can be a particularly useful vehicle in promoting pollution prevention and restoring damage to environmental resources. While a SEP cannot include work that a violator is required to perform, it may include accelerated or early performance of activities that the respondent will become legally obligated to undertake two or more years in the future.

SEPs provide an excellent mechanism to undertake beneficial environmental projects that may not otherwise get done. During the past fiscal year, seven enforcement cases had SEPS incorporated into their settlements. The projects have a combined value of $1.229 million, and include:

Replacement of diesel fired generators with electric motors at Metals Recycling in Johnston, to eliminate a major air pollution source;

Installation of a thermal oxidizer to control air pollution above and beyond air pollution control requirements at Brookwood Laminating in South Kingstown;

Installation of a hazardous waste and hazardous materials safety building for temporary storage of waste at Mitkem Corp. in Warwick;

Establishment of a new city-owned and operated marine sanitary waste pump-out station at Long Wharf in Newport Harbor, which was completed in May;

Sponsorship of a hazardous waste collection day by the Town of Charlestown at its DPW facility, in conjunction with RI Resource Recovery Corp.; and

Removal of underground storage tanks in the cities of Providence, Cranston and Warwick, to eliminate potential groundwater or air pollution threats. A proposed environmental project must meet certain criteria to be considered appropriate for settlement of an administrative penalty. There must be a relationship between the violation and the restoration project, and the project must resolve or reduce environmental or public health impacts or risks caused by the violation, or the likelihood that similar violations would occur in the future. A SEP should also be an innovative or new project, and it must be consistent with all provisions of law or regulation. The nature and scope of each project will be defined in a consent agreement, with DEM providing oversight to ensure that the project is implemented in accordance with the terms of the agreement. DEM has legal recourse if the SEP is not adequately performed. DEM will also consider the monetary penalty, availability of resources, and the respondent's compliance history when determining whether to approve a proposed SEP.

Under the updated policy, DEM will establish and maintain a bank of pre-identified projects available for adoption for purposes of settlement. Eight types of projects may qualify as a SEP. They include public health; pollution prevention; pollution reduction; environmental restoration, protection, and ambient monitoring; assessments and audits; environmental compliance promotion; emergency planning and preparedness; and outreach and education. A SEP cannot directly provide additional resources to DEM, such as vehicles, computers or equipment, but it may enhance the efforts of a DEM program. A SEP proposal may not perform a task that DEM is required by law to do.

DEM Acting Director Frederick J. Vincent said, "Development of a formal SEP policy provides DEM with another tool to advance environmental compliance in a fashion that strengthens our enforcement efforts while achieving a beneficial environmental result. In the appropriate cases, a SEP can be a win-win for both parties."

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