- Office of the Attorney General
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Kennedy Sims, Deputy Press Secretary
BOSTON — The Massachusetts Attorney General’s Office (AGO) announced today that the Suffolk Superior Court has entered and approved a Consent Judgement against Holtec Pilgrim, LLC and Holtec Decommissioning International, LLC (collectively, “Holtec”), the companies responsible for decommissioning the Pilgrim Nuclear Power Station in Plymouth.
The Consent Judgement resolves allegations that the companies violated the Massachusetts Clean Air Act and asbestos regulations by failing to notify the Massachusetts Department of Environmental Protection (MassDEP) prior to conducting the asbestos abatement work at the site, failing to identify and remove asbestos-containing materials, and failing to properly wet and containerize asbestos-contaminated debris.
The AGO alleges that Holtec’s conduct risked the health and safety of the public, workers at the site, and the environment by potentially exposing them to asbestos, in violation of the Massachusetts Clean Air Act.
Under the terms of the Consent Judgement, Holtec has agreed to pay up to $125,000 in penalties to the Commonwealth, $37,500 of which will be paid into the Environmental Justice Trust Fund to support projects addressing environmental harms in disadvantaged communities across Massachusetts. Up to $50,000 of the penalty will be suspended contingent upon the company’s compliance with the Clean Air Act and asbestos regulations over the next two years.
The Consent Judgement resolves allegations that Holtec failed to follow required work practices at the Pilgrim Nuclear Power Station during the removal of a large concrete vault containing multiple types of asbestos containing materials. According to the AGO, Holtec dragged asbestos-contaminated debris from the original excavation site to a secondary location, scattering dry asbestos containing waste material along the path and leaving the dry debris exposed overnight. Holtec’s improper handling and removal of the asbestos containing materials and failure to notify MassDEP prior to the abatement amounted to multiple violations of state asbestos regulations and posed a significant risk to workers, the public, and the environment. Holtec has since properly abated the demolition area.
In March 2024, AG Campbell reached a previous Consent Judgement with Holtec over allegations that the company failed to comply with MassDEP’s asbestos regulations when removing and disposing of asbestos-contaminated paint and building materials during the demolition of certain components of the power station.
Asbestos is a hazardous material and known human carcinogen regulated under the Clean Air Act. It is used as fireproofing in a wide variety of building materials, from roofing and flooring, to siding and wallboard, to caulking and insulation, and is especially prevalent in older construction. If asbestos is improperly handled or maintained, fibers can be released into the air and inhaled, devastating the lungs, causing scarring, malfunction, and potentially life-threatening illnesses, including asbestosis, lung cancer, and mesothelioma. Once disturbed, asbestos fibers can remain airborne and therefore breathable for up to 72 hours. Because of the serious health risks associated with asbestos, there is no safe level of exposure.
This Consent Judgement reflects AG Campbell’s commitment to the AGO’s “Healthy Buildings, Healthy Air” Initiative, which aims to better protect the health of children, families, and workers in Massachusetts from health risks posed by asbestos. Since September 2016, the AGO, with the assistance of MassDEP, has successfully brought asbestos enforcement cases that together have resulted in more than $11.9 million in civil penalties.
The case was handled by Assistant Attorney General John S. Craig of the AGO’s Environmental Protection Division, with assistance of Regional Counsel Daniel d’Hedouville, Asbestos Program Section Chief Colleen Ferguson, and Environmental Analyst Rick Bowen of MassDEP’s Southeastern Regional Office.
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