EPA-907/9-77-002
STATE ENVIRONMENTAL PROGRAMS
A Compendium of Federal and State Programs
Prepared for the Congressional Delegations
ENVIRONMENTAL PROTECTION AGENCY
KANSAS CITY, MISSOURI
REGION VII
FY 1977
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The Superintendent of Documents
classification number is:
EP 1.2:
5*2/977
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INDEX
Page
Introduction 1
Overview of Region VII 2
Regional Resources . 4
Organization Chart 8
Regional Congressional and Intergovernmental
Affairs Office 9
^ Office of Regional Counsel 10
" Office of Public Affairs 11
\j. Legislative Authorities 12
"**^
r-~ Program Activities:
N
Water Division: 13
Water Quality Management 13
Construction Grants 14
Drinking Water Supplies 15
Air and Hazardous Materials Division: 17
Air Quality 17
Solid Waste Management 18
Radiation 19
Noise Abatement and Control 21
Toxic Substances 23
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Water Pollution .
Emergency Response Program .
Fnvironmental Imoact Statements
Research and Development Activi
^urvpi 11 ancp and Analysis Division .
Priority Obiectives for FY-1977
ii
" " '* " '""
. . . 24
. . . 25
. . . 26
ties
Page
28
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29
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31
33
34
36
41
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INTRODUCTION
This document is intended to provide an overall perspective
of the activities of the Environmental Protection Agency (EPA),
Region VII. Major activities of the organizational components
involved in external programs are summarized in an effort to
orient the reader. Specifics of programs or functions can then
be investigated through the responsible program official or
offi ce.
In presenting both the Regional and state-by-state discussions,
we intend to give a more complete picture of the Federal/state/
local effort required for a successful pollution control program.
Frequent discussions are held with state officials on policy
matters, programs, and projects and, as will be pointed out,
some Federal functions have been delegated to state agencies.
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OVERVIEW OF REGIO
The economic base of Region VII ca
word "agribusiness." Production of fo
the related activities either supportin
this effort, makes the individual farme
link in the economic chain. Found amon
Kansas, Missouri, and Nebraska are the
producing states in the nation. These
a significant share of the soybean, gra
and finished hogs supplied annually to <
As a result of this intensive agri
environmental problems arise. Confined
have caused significant water quality A
cases that are well documented. Howeve
has improved markedly over the past fivi
efforts of the United States Department
agencies, state environmental and agric
livestock industrys and EPA. Many poll
have been put in place and are operatin
The current emphasis on food produ
problems that are difficult to solve.
land continues to be broken and cleared
with soil type and topography with a re
erosion and siltation of streams and lak
short areas, the use of groundwater for
water tables at an alarming rate and st
over both the short and long-term effec
Agency actions on the removal of «
market are not and probably will never i
connected with agricultural production.
products will intensify the debate over
of food production vs. the environment.
We find that development of coal n
Wyoming, is having an effect on Region
related development. A significant numt
plants exist in and are planned for the
to transfer coal from rail cars to barg<
east of the Mississippi River. The net
is a projected increase of significant
train traffic and resultant disruption
these trains pass.
VII
best be defined in the
d and fibre, and all of
or being supported by
and rancher a vital
the states of Iowa,
eading corn and wheat
our states also produce
n sorghum, fat cattle,
ur markets.
ultural activity, certain
animal feeding operations
gradation in a number of
the overall situation
years through cooperative
of Agriculture (USDA)
Itural agencies, the
tion control facilities
satisfactorily.
tion has caused some
ass and timber covered
for uses not compatible
ultant increase in soil
es. In relatively water
irrigation is lowering
:es are becoming concerned
s of this practice.
rtain pesticides from the
e understood by many
Further banning of these
the relative importance
sources, primarily in
II as is other energy
er of coal fired power
area as are facilities
s for transport to sites
effect of this activity
roportions in rail unit-
f the area through which
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While approximately 65 percent of the Region's 11.45 million
population (1975) live in urban areas, there are several hundred
communities in the "small town" category. In Regional terms,
small generally means less than 5,000 and sometimes less than
1,000 population. Together with the small town comes a higher
than average concentration of persons over 65 years of age. This
residential pattern creates difficulty many times when it becomes
necessary to comply with environmental laws or even just desirable
to have a sewage collection system as the taxpayers are unable
to support the local share of costs.
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REGIONAL RESOURCES
REGIONAL ORGANIZATION
1. The regional organization structure consists of five
operating divisions and the Office of the Regional Administrator.
These, with their Branches and Sections, are outlined on the
Regional Organization Chart, Exhibit A. Phone numbers and names
of key individuals are also shown on the chart.
Functional statements for each work unit are a part of the
Regional Orders system. These documents outline in depth the
duties and responsibilities of each work unit.
2. The Region currently has 286 permanent positions, 12 over-
ceiling positions, 25 temporaries. Most are engineers, physical
scientists, technicans, and other technical staff; however, there
is a sizeable staff of grants specialists and other administrative
personnel involved in operating the Regional Office.
During the past several years, an upward mobility program
has been implemented which has created not only career ladders,
but also bridge opportunities for non-technically trained employees
to move into paraprofessional support positions.
An approved affirmative action plan is on file which outlines
management's goals and objectives for increased utilization of all
levels of employees.
RESOURCE MANAGEMENT
1. EPA operates within a Management by Objectives program
planning cycle that is coordinated nationally and begins early in
March of each year. Region VII has recently augmented its resource
management program by implementing an Internal Management by
Objectives program (IMBO) which allows the tracking of programs
which have primary significance at the regional level.
Once the planning phase is completed and the reporting phase
begins, a staff of program analysts monitors progress and analyzes
slippages and overages, which becomes part of a published quarterly
report. This report combines the Headquarters planning system
with the Regional system and allows immediate access to status
reports on both local and national issues. There has been excellent
managerial cooperation with this reporting/planning cycle.
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2. Approximately 62 percent of the available man-years are
spent on Headquarters-required outputs.
3. The Planning Unit staff is also available to prepare
program evaluations, briefing documents, and special researched
reports, in addition to managing the State Program Grant activities.
4. Budget analysis is performed by the Planning Officer and
the Financial Management Officer, and this year an attempt is being
made to correlate outputs against expenditures by account code in
several key programs.
5. The Planning Schedule breaks down roughly as follows:
March - Draft Guidance and Resource Targets Issued for FY-78;
Issues and Analysis for FY-79 reviewed
April - Final Guidance and Targets issued for FY-78 by
Headquarters
June - Regional Operating Plans and Resource Targets Submitted
to Headquarters; Draft State Programs from States
July - Final Resource Targets from Headquarters
August - Final State Consolidated Grant Programs Submitted
Regional and State Output Commitment Plans Due for FY-78
September - Final Regional Plan Adjustments and Tentative Approval
for FY-78
INTER-AGENCY RELATIONSHIPS
1. Federal Regional Council - Region VII participates in
Council activities. We have full-time staff representative that
coordinates council requests.
2. Federal Executive Board - The former Regional Administrator
was serving as Chairperson of the Greater Kansas City Federal
Executive Board at the time of his retirement. The Regional Office
has maintained a visible role on this Board, and at the present time,
the Chairperson of the Federal Womens' Program Sub-Committee is an
agency employee.
3. The Four States - The Region's primary interaction is with
the four environmental agencies in Iowa, Kansas, Missouri, and
Nebraska. All four states have consolidated their environmental
approaches to a single organizational entity. Regional coordination
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through the Program Planning Unit where the State Program Grants
are managed, and the best overview of State issues and problems
can be gained from this unit. Each State Program is summarized
below:
Iowa - Independent State Environmental Agency with 159
positions; have responsibility for most environmental programs;
in FY-77 Federal Program funds will be approximately $1.3 million,
through consolidated program grant.
Kansas - Environmental programs are a Division in Department
of Health and Environment with 146 positions; have responsibility
for most environmental programs; in FY-77 Federal program funds
will be approximately $1.2 million in separate categorical program
grants.
Missouri - Environmental programs are a Division in the
Department of Natural Resources with 189 positions; have responsi-
bility for most environmental programs; FY-77 Federal program
funds will be approximately $1.9 million in a consolidated program
grant.
Nebraska - Independent State Environmental Agency responsible
for air, water pollution, and solid waste programs with 82
positions; in FY-77 Federal programs funds will be approximately
$1.5 million in consolidated grant; the Nebraska Natural Resource
Commission is responsible for Water Quality Planning (208) and the
Nebraska Health Department is responsible for the Water Supply
Program.
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SUMMARY REPORT - TOTAL RESOURCES ALLOCATED TO HEADQUARTERS OUTPUTS FOR FY-77
1.
2.
3.
4.
5.
6.
7.
Water and Water Supply Programs
Air Programs
Pesticides Program
Federal Activities (not
covered above)
Solid Waste
Noise
Radiation
TOTALS
MAN
REPORTING
PROGRAM
64.22
19.15
13.00
6.50
1.20
0.60
0.50
105.17
YEARS
COOPERATING
PROGRAMS
53.96
12.75
2.15
1.00
0.50
0.10
0.10
70.56
TOTAL REGIONAL
MAN YEARS
118.18
31.90
15.15
7.50
1.70
0.70
0.60
175.73
Percentage of Resources on Headquarters Outputs
Available Man Years - 284
Man Years Assigned to
Headquarters Outputs -
175.73
Percent of Resources
Assigned to Headquarters
Outputs - 62%
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ORGANIZATION CHART
U.S. ENVIRONMENTAL PROTECTION AGENCY - REGION VII
5493
• OFFICE OF REGIONAL COUNSEL |M2,°6,?,,
: JOHN MORSE :
3iiiMi>tmit
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REGIONAL CONGRESSIONAL AND INTERGOVERNMENTAL
AFFAIRS OFFICE
INTERGOVERNMENTAL RELATIONS
The Congressional and Intergovernmental Relations Officer is
the regional liaison officer for the offices of the Governors,
the State Legislators, and local government officials, and also
serves as the Agency staff member of the Federal Regional Council,
He represents the region in meetings with Mayors and other local
officials and maintains liaison with League of Municipalities and
Association of County Officials.
The Regional Office works with state legislative committees,
when requested, to advise them of Federal requirements to be
considered in drafting environmental legislation required by the
cooperating state operating agencies. Draft bills are referred
to the Regional Counsel, Mr. John Morse, for review and analysis.
CONGRESSIONAL AFFAIRS
We are endeavoring to provide every member of each Congres-
sional delegation as complete information as possible on specific
situations of interest. We will respond to your direct inquiry
and try to anticipate your needs to answers in advance of some of
your constituent requests.
The Air and Water Pollution Control programs are expected
to continue to be the focus of attention in Region VII. However,
as statutory deadlines approach for certain actions related
to pesticide manufacture and application and we move toward
implementation of National primary drinking water standards with
the related state and local activity requirements, there will
be increased questioning by constituents. Additionally, the
recent enacted Toxic Substances Control and Resource Conservation
and Recovery Acts will expand the Agency's role in these areas
and generate inquiries.
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OFFICE OF REGIONAL COUNSEL
The Regional Counsel is the Regional Administrator's principal
adviser on all matters of legal import concerning the Regional
Administrator's responsibilities in managing the Regional Office.
As principal attorney for the Region, he represents the Agency as
counsel in its relationship with other Federal agencies, state
and local governments, and assists the Office of General Counsel
and/or Department of Justice in the conduct of litigation in which
the Agency is a party.
In assisting the Regional Administrator in developing and
executing regional programs designed to attain the objectives of
Federal statutes, executive orders, and regulations regarding the
Agency's mission, Regional Counsel's responsibility is to assure
the legal adequacy of those programs. The Office of Regional
Counsel provides legal advice to the Regional Administrator and
his program and administrative staffs regarding interpretation
and application of statutes, regulations, guidelines, and instruc-
tions pertaining to their responsibilities, and regarding the
conduct of negotiations, hearings, public meetings, and similar
proceedings.
The Office of Regional Counsel reviews proposed state
environmental legislation and implementing regulations for
compatibility with Federal statutes and guidelines. It provides
legal services in support of grants programs as to compliance
with legal requirements for award and administration of grants.
Regional Counsel hears appeals on protests arising out of grantee
procurement actions in connection with construction grant projects.
Except for hearings assigned to an Administrative Law Judge,
Regional Counsel (or Assistant Counsel) presides at administrative
hearings based on regional enforcement actions seeking imposition
of civil penalties for violations of law or regulations. He also
reviews hearing records and initial decisions of Administrative
Law Judges when appealed to the Regional Administrator.
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OFFICE OF PUBLIC AFFAIRS
The Public Affairs Director provides advice and assistance to
the Regional Administrator and his staff on matters relating to
the regional public affairs program; she represents the Regional
Administrator in relations with the press, television, radio, and
other information media and administers a comprehensive, cohesive,
Agency information program for the Region. The office maintains
liaison with public and private groups having an interest in the
mission and activities of the Agency. Public Affairs coordinates
the preparation of responses to general inquiries for information
and exercises responsibility for the execution of National public
affairs programs assigned to the Region.
The office maintains an inventory of publications, a film
library and other audio-visual materials, and exhibits in order
to provide assistance and support to Agency programs and respond
to informational needs of various groups and organizations. In
addition, this office provides services, guidance and support to
individual programs within the Regional Office with regard to
public affairs needs.
The Director of Public Affairs serves as Freedom of Information
Officer and requests for information under the Freedom of Information
Act are processed through the Public Affairs Office.
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LEGISLATIVE AUTHORITIES
The basic statutory authority of EPA is established by pieces
of Federal legislation. They are:
1. Federal Water Pollution Control Act of 1972, PL 92-500.
2. Clean Air Act of 1970, PL 91-604.
3. Motor Vehicle Information and Cost Saving Act of 1972,
PL 92-513.
4. Energy Supply and Environmental Coordination Act of 1974,
PL 93-319.
5. Federal Environmental Pesticide Control Act of 1972,
PL 92-516.
6. Federal Insecticide, Fungicide, and Rodenticide Act of
1975, PL 94-140.
7. Noise Control Act of 1972, PL 92-574.
8. Solid Waste Disposal Act of 1965, PL 89-272, as amended
by the Resource Recovery Act of 1970, PL 91-512.
9. National Environmental Policy Act of 1969, PL 91-190.
10. Safe Drinking Water Act, PL 93-523.
11. Marine Protection, Research, and Sanctuaries Act of 1972,
PL 92-532.
12. Toxic Substances Control Act of 1976, PL 94-469.
13. Resource Conservation and Recovery Act of 1976, PL 94-580.
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PROGRAM ACTIVITIES
WATER DIVISION
The Water Division is responsible for development, coordination,
implementation, and evaluation of Regional water programs. These
programs involve assisting states in developing comprehensive
programs for achievement of water quality standards, administering
the wastewater treatment facility construction grant program,
coordinating water quality planning programs, and overseeing
implementation of the Safe Drinking Water Act. Organizationally,
the water supply and water quality standard program functions are
located in the Office of the Division Director. The Water Quality
Planning, Engineering, and Grants Administration Branches are the
other elements within the Division.
Outlined below are the primary activities of the Division.
WATER QUALITY MANAGEMENT
Since the passage of the Federal Water Pollution Control Act
Amendments of 1972, the Federal government, the states, and local
communities have undertaken a wide-ranging effort to clean up the
Nation's waters. Through such efforts as the municipal construction
grants program and the waste discharge permit program, this Federal/
state/local partnership has made some dramatic progress against
water pollution.
However, significant water pollution problems will still
exist after we reduce much of the municipal and industrial
pollution. These problems differ between various areas of Region VII
and they will involve not only continuing municipal and industrial
waste discharges, but also other sources of pollution which are
difficult to control (overflows from combined storm and sanitary
sewers, storm runoff from urban areas, runoff from agricultural
lands, runoff from mining and construction activities, and others).
Increasingly, decisions on the abatement of these pollution
problems must be made at the local or state level. The success of
future water pollution control hinges on decentralized decisions
on the sources to be controlled, the degree of control, and the
types of controls. Local government officials and the general
public must choose among alternative control schemes on the basis
of particular economic, social, environmental, and institutional
factors within their areas.
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The Environmental Protection Agency, the states, and local
communities will implement this decentralized system to control
water pollution through the water quality management process,
conceived under Section 208 and 303 of the Act. The initial
emphasis of the process will be on developing and implementing
specific solutions to problems facing a state or local area which
have not been addressed by other environmental programs.
Program grant funds under Section 106 of the Act have been
made available to the states for planning under Section 303(e)
(Phase I Basin Plan). Section 208 funds have been granted to the
states and areawide agencies for the more intensive planning
(Phase II).
CONSTRUCTION GRANTS
The Federal Water Pollution Control Act Amendments of 1972
(PL 92-500) authorize EPA to award grants in the amount of 75
percent of the allowable project cost for the construction of
publicly owned and operated waste treatment works. Grants can be
made to any state, municipality or intermunicipal, or interstate
agency having jurisdiction over disposal of sewage, industrial
wastes, or other wastes.
The procedure for making grant awards begins with the state
developing and submitting to the Regional Office plans for their
pollution control actions. These plans include their priorities
for the various individual projects. The Regional Office reviews
and approves, or disapproves, these plans based on whether they
promise reasonable, timely, and effective steps to implement the
legislative goals. Approval of the State Plan is followed by the
submission of the state's individual construction grant requests.
Grant funds are allocated annually to each state based on a formula
contained in the Act.
Projects to be considered for funding under the Act must be
certified by the appropriate state water pollution control agency
as entitled to priority over such other works in the state in
accordance with any applicable State Plan under Section 303(e) of
the Act. Following such certification of priority, the application
is transmitted to the EPA Regional Office for grant processing.
Upon receipt of an application for a grant, the Regional
Office makes a thorough review of the project and its compliance
with applicable laws and regulations. If these reviews are positive,
a grant of 75 percent of the eligible cost is made and the project
management is monitored by our Regional Engineers and Grants
Administration Specialists. On completion of the project, the
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end result is reviewed for compliance with program requirements
and an audit may be conducted to determine allowability of costs
incurred by the grantee.
The four states have major projects involving achievement of
secondary or best practicable treatment objectives. In Missouri
and Nebraska, a few major projects could utilize an entire state
allocation if completely funded. Therefore, major projects have
to be phased to enable other high priority needs to be met. Close
cooperation between applicants, state agencies, and EPA is necessary
to maintain a viable water pollution control program.
DRINKING WATER SUPPLIES
The objective of the Safe Drinking Water Act, PL 93-523, is
to provide for the safety of drinking water supplies throughout
the United States. National drinking water standards will be
established by EPA and the states will have the primary respon-
sibility for enforcement of the standards and otherwise supervising
public water supply systems and sources of drinking water.
A public water system is defined as a system which provides
piped water for human consumption if it has at least 15 service
connections or regularly serves at least 25 people for at least
two months of the year.
Interim primary regulations specifying maximum contaminant
levels, treatment techniques, and general criteria for operation,
maintenance, siting, and intake water quality were proposed in
March and were promulgated by the Administrator in December 1975.
The effective date of these regulations will be 18 months after
promulgation, or tentatively June 1977. Secondary regulations
are to be proposed by September; however, this schedule will be
extended subject to final promulgation of Public Drinking Water
Standards. These will address contaminants that affect public
welfare (taste, odor, appearance, etc.) and may vary according
to local circumstances. Secondary regulations are not federally
enforceable.
For a state to assume primary enforcement responsibility,
it must adopt regulations no less stringent than those of EPA,
have adequate enforcement procedures, permit variances and
exemptions, and meet certain administrative requirements.
After the interim regulations become effective, if a state
does not assume primary responsibility or fails to exercise it
adequately and the Administrator finds a system does not comply
with any primary regulations, he may initiate a civil action to
require compliance.
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A regulatory program for the protection of underground sources
of drinking water is authorized. Requirements to protect under-
ground sources are to be established by the Administrator within
one year and the states would assume primary responsibility in two
years. The Administrator will prescribe control programs where
states fail to assume responsibility.
States may receive grants to carry out water system supervision
programs if they have or will establish an acceptable program and
assume primary enforcement responsibility. Grants would not exceed
75 percent of an agency's yearly cost of program operation.
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AIR AND HAZARDOUS MATERIALS DIVISION
The Division's three Branches (Air Support, Hazardous Materials,
and Pesticides) serve as technical authorities on air, waste
management, toxic substances, noise, radiation, and pesticide
programs. Some of the activities and/or functions are outlined in
the following program summaries.
AIR QUALITY
The EPA began a review of State Implementation Plans (SIPs) in
1976 in conjunction with air quality data supplied by the states
to determine whether each plan was adequate to attain and maintain
National Ambient Air Quality Standards (NAAQS). This review was
initiated because many Air Quality Control'Regions (AQCR) did
not attain primary standards by the July 1, 1975, statutory date.
In EPA, Region VII, only seven of the 27 AQCRs attained the primary
standard for total suspended particulates. In contrast, only one
AQCR did not attain the standard for carbon monoxide (CO) and/or
oxidants (Ox).
The Regional Administrator notified the Governors of the
states in Region VII that, after careful analysis of each state
plan, it was determined that the SIP for their state was substantially
inadequate to attain or maintain ambient standards for suspended
particulate matter. The letters to the Governors requested that plan
revisions which reflect achievable emission reductions be developed
and submitted to EPA by July 1, 1977. Those plans are to establish
a schedule for attainment of primary and secondary standards as
soon as practicable. Where additional emission reduction not
readily achievable is needed, such plan may be submitted by July 1,
1978.
Although some areas show violations of CO and Ox standards,
analysis indicates that, in most cases, the Federal emission
standards for new vehicles will be sufficient to achieve Ox and
CO standards. Plan revisions were not requested for automotive-
related pollutants in such areas.
Total suspended particulate concentrations are the major air
pollution concern in Region VII. Non-attainment analysis performed
by the state agencies suggest that fugitive dust may be a significant
contribution to elevated particulate concentrations in non-urban
areas. Re-entrained dust from streets and roadways may be a factor
influencing air quality in urban areas.
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Methods for controlling non-urban fugitive dust appear
unacceptable or socially disruptive at this time. Some suggestions
have been to pave rural and farm roads and to use dust suppressants
on plowed ground. An EPA study is underway to determine the cost-
effectiveness of cleaning city streets. The technology of street
cleaning is well known, but it is uncertain whether intensive street
cleaning will result in measureable reductions in particulate
concentrations. Requests for plan revisions recognize fugitive
and re-entrained dust as a contributing factor to elevated particu-
late concentrations, but did not request revisions which include
control of such sources because of the uncertainties. Some municipal
agencies have begun to adopt new regulations to prevent re-entrainment
from unpaved parking lots and building demolition sites.
The regulations for prevention of significant deterioration
were promulgated on December 5, 1975. These regulations are
intended to limit ambient aiV quality degradation within prescribed
limits. New stationary sources of particulates and sulfur dioxide
(SOg) in 19 specified categories are required to apply to the
Administrator for an approval prior to commencing construction.
Approval is based on a determination that emissions from the
proposed source will not cause increases in ambient concentrations
beyond a set increment. The states are encouraged to adopt
regulations which are at least as stringent as the EPA regulations
in order that authority may be delegated.
SOLID WASTE MANAGEMENT
On October 21, 1976, the Congress and President approved the
Resource Conservation and Recovery Act (PL 94-580) (RCRA) which
amends, in full, the Solid Waste Disposal Act of 1965 (PL 89-272)
as amended by the Resource Recovery Act (PL 91-512).
The stated objectives of RCRA are to promote the protection '
of health and the environment and to conserve valuable material
and energy resources. The Act intends that these objectives be
achieved by:
1. Providing technical and financial assistance to state and
local governments for development and implementation of solid waste
management plans.
2, Providing training grants in solid waste occupations.
3. Prohibiting future open dumping on land and requiring
upgrading or closing of existing open dumps.
4. Regulating the treatment, storage, transportation, and
disposal of hazardous wastes.
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5. Promulgating guidelines for solid waste management practices
and systems.
6. Conducting a research and development program for improved
solid waste management and resource conservation techniques.
7. Demonstrating improved solid waste management and resource
conservation and recovery systems.
8. Establishing a cooperative effort among Federal, state, local
governments, and private enterprise.
The Act statutorily establishes the Office of Solid Waste within
EPA to guide the implementation of the law and establishes a Federal/
state/local government partnership to share the implementation. The
major thrust of the efforts that will be required by this partnership
are:
1. Land protection through regulation and control of waste and
waste disposal operations.
2. Regulations and control of the hazardous waste stream "cradle
to grave."
3. Improvements in all aspects of waste management at the state,
regional, and local levels.
4. Reduction of the waste stream through increased resource
recovery and waste reduction efforts.
5. Continued collection and dissemination of all types of solid
waste management information.
6. Greater public and private participation in the improvement
of solid waste management information.
The major thrust of the regional solid waste management program
for the remainder of FY-77 and FY-78will be to assist in defining
this new Act and working with the states on implementation.
RADIATION
EPA works with the Nuclear Regulatory Commission (NRC), Energy
Research and Development Administration (ERDA), and the Food and Drug
Administration (FDA) in activities related to nuclear power generation
plants, research reactors, x-ray machines used in the healing arts,
nonionizing sources of radiation, and in certain industrial applica-
tions which are licensed by NRC. Regional radiation staff are
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responsible for the radiological review of environmental impact
statements for light-water reactors in the Region. Regional staff
also participate in the review of other environmental impact
statements having radiological aspects. These latter review
activities are coordinated with EPA Headquarters which are
responsible for preparing consolidated Agency comments.
Region VII radiation staff will supervise the implementation
of new EPA Environmental Radiation Protection Standards for Nuclear
Power Operations at nuclear facilities in the Region.
During the construction and initial operating phases of nuclear
power generating plants, a great deal of effort has been extended
in developing suitable emergency plans in the event of nuclear
incidents. These activities have afforded an opportunity to work
with a cross section of state, Federal, and local agencies with
some joint responsibilities in the event of such accidents.
EPA works with the NRC, ERDA, FDA, and the Strategic Air
Command, Offutt Air Force Base, in environmental radiation activity
pertinent to each SAC Air Force installation in the Region. Similar
efforts are required at other Federal facilities in the Region,
such as the Weldon Springs Chemical Plant where cooperative efforts
are underway with the Army and ERDA.
There is a close relationship between EPA and FDA activities
in radiation training, medical and dental x-ray machine usage,
and nonionizing radiation sources. Regional efforts will be
required to implement proposed Federal guidance in the use of
medical x-ray.
EPA is signatory to an interagency agreement with regard to
radiological incidents emergency response planning for fixed nuclear
facilities and transportation. Agencies included in this effort are
NRC, ERDA, DHEW, DCPA, FDAA, DOT, and GSA. The EPA Regional Office
radiation staff participates in the Regional Advisory Committee,
consisting of representatives of these agencies, to implement this
emergency response planning in Region VII states.
The Environmental Protection Agency will be implementing the
new standards for radioactivity in drinking water as required under
the Safe Drinking Water Act. The Region VII radiation staff works
with other Regional Office personnel to supervise the implementation
of these Standards by Region VII states which accept primacy. If any
state does not accept primacy implementation will be the responsi-
bility of the Regional Office.
The EPA provides information to the public concerning levels
of environmental radiation and other information requested.
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Eventual classification of pesticides and certification of
applicators should not cause any economic impact. If it should
be considered at all, the needs for the state agencies will be
greater and require additional resources.
Enforcement actions are coordinated with the State Department
of Agriculture. This is accomplished by a cooperative arrangement
whereby the state and Federal efforts augment each other's functions.
We are in contact with the states as problems arise and advise them
of all major enforcement action as they are implemented. Cooperative
enforcement agreements have been developed with the Kansas State
Board of Agriculture and Iowa Department of Agriculture. EPA,
Region VII, has provided in-depth training to full investigators
in Nebraska, Iowa, and Kansas.
The EPA has enforcement jurisdiction under the Federal
Insecticide, Fungicide, and Rodenticide Act (FIFRA), as amended.
Initially the Agency focused its attention toward the pesticide
producing establishments; however, at this time the Regional
Office is expending equal time and resources to conducting both
producer establishment inspection and use investigations. To date,
71 cases have been referred to the U.S. Attorney for criminal
prosecution and 224 civil complaints have been issued. These
cases included violation concerned with shipment, sale, and
distribution of non-registration, misbanded and adulterated
pesticides. The Region has also issued 39 civil penalty warning
citations for pesticide misuse.
NOISE ABATEMENT AND CONTROL
The Noise Control Act (PL 92-574), passed October 20, 1972,
initiated EPA's Noise Abatement and Control program. This program
provides an opportunity for this agency to work with state
legislatures and local governments in solving the many noise
problems resulting from our current industry and citizen activities.
There is a lack of trained noise control personnel because of the
newness of this program. Many commercial and industrial firms
have recognized the need for and have improved the workers'
environment through the control of noise conditions.
EPA works with other Federal agencies and Department of
Defense facilities to reduce the exposure of citizens of
surrounding communities to noise and vibrations.
On December 31, 1975, the Agency issued final regulations on
newly manufactured portable air compressors. These regulations
will have the effect of eliminating such compressors as a major
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source of construction site noise. The regulations will become
effective 1n 1978, with the new standard of 76 dBA measured at
7 meters.
On March 31, 1976, the Agency promulgated noise regulations
for medium and heavy trucks. These regulations will reduce the
urban traffic noise impact for 97 million people. The new
standards are 83 dBA in 1978 and 80 dBA in 1982.
Railroad Noise Emission Standards
Under Section 17 of the Noise Control Act of 1972, EPA
promulgated on December 31, 1975, regulations governing Inter-
state Rail Carriers (550/9-76-005).
The Department of Transportation, through the Federal
Railroad Administration is responsible for enforcement of this
regulation. Compliance procedures were established prior to
the December 31, 1976, initial effective date of the regulation.
The standards (all measured at 100 feet) are:
Locomotives
(Best Maintenance)
73 dBA at idle
93 dBA at all other throttle settings
96 dBA moving at any speed
Effective December 31, 1976
Locomotives
(Newly Manufactured)
70 dBA at idle
87 dBA at all other throttle settings
90 dBA moving at any speed
Effective December 31, 1979
Rail Cars
88 dBA up to and including 45 mph
93 dBA greater than 45 mph
Effective December 31, 1979
Motor Carrier Noise Emission Standards
On October 29, 1974, EPA promulgated regulations governing
noise from Interstate Motor Carriers (550/9-74-017). This regulation
will lessen the noise impact for approximately 10 million people.
It will be revised as cost and technology permit.
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The Department of Transportation Bureau of Motor Carrier-
Safety (BMCS) is responsible for enforcement of this regulation.
BMCS issued compliance regulations on September 12, 1975. BMCS
and several localities and states are now enforcing these
regulations. The standards, measured at 50 feet, are:
88 dBA stationary runup
86 dBA under 35 mph
TOXIC SUBSTANCES
The 1976 Toxic Substances Control Act, Public Law 94-469,
authorizes the EPA to obtain from industry data on the production,
use, health effects, and other matters concerning chemical
substances and mixtures. If warranted, EPA may regulate the
manufacture, processing, distribution in commerce, use, and
disposal of a chemical substance or mixture. Pesticides, tobacco,
nuclear material, firearms and ammunition, food, food additives,
drugs, and cosmetics are exempted from the Act. The Agency is
mandated to coordinate actions taken under the TSCA with actions
taken under other Federal laws, including those administered by
EPA. The broad scope and significance of this activity are
evidenced by Congress1 action in establishing an Assistant
Administrator for Toxic Substances.
The Act is an anticipatory one in that manufacturers are
required to list chemical substances in present use, and advise the
Administrator of new substances in advance of their use, to prevent
environmental problems from toxic materials. There are provisions
for testing of potentially harmful chemicals, data disclosure,
civil and criminal penalties, research and monitoring, and enforce-
ment.
The Regional Office has established a Toxic Substances
Coordinator who reports to the Director, Air and Hazardous
Materials Division. His responsibilities include the coordination
of toxic activities with other Regional Office programs, states,
and other appropriate Federal agencies; informational service to
industry and the public; regional input to Headquarters; problem
investigations; and inspections.
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ENFORCEMENT DIVISION
The Enforcement Division is responsible for implementation of
the regulatory aspects of the Clean Air, FIFR, and FWPC Acts, for
the NPDES programs (excepting Federal facilities) and for the spill
response and prevention activities. The Division prepares necessary
documentation to support formal enforcement action; issues notices
of violations and administrative orders; drafts civil and criminal
complaints; issues or overviews state issuance of NPDES permits;
tracks compliance with permits; responds to oil spills; and conducts
the spill prevention program.
Organizationally, the Division is comprised of the Legal Branch
and Permit and Compliance Branch. The Legal Branch conducts the
legal aspects of the enforcement program and the technical aspects
of air enforcement activities. The Permit and Compliance Branch
is responsible for permit issuance and all technical aspects of
water enforcement, including compliance tracking and oil spill
response and cleanup.
WATER POLLUTION
Reg^ui^rements
Public Law 92-500 (FWPCA) establishes two major goals in the
interest of water pollution control. The first is to achieve, by
July 1, 1983, water that is clean enough for swimming, other
recreational uses, and for the protection and propagation of fish,
shellfish, and wildlife. The second is, by 1985, to have "no
discharge of pollutants" to the Nation's waterways. The Law
extends pollution control programs to all United States waters
(previously only interstate waters were covered by Federal
legislation).
The strict deadlines and strong enforcement provisions of the
Law set the stage for a coordinated series of specific actions
that must be taken by Federal, state, local governments, and
industry.
All municipal waste treatment plants, in operation on July 1,
1977, must provide a minimum of secondary treatment.
By July 1, 1983, municipal waste treatment plants will be
required to have, as a minimum, best practicable treatment. The
Administrator has been charged with defining "secondary treatment."
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Permits
The FWPCA was developed to establish the minimum regulatory
framework for conducting a uniform National water pollution control
program. The Act never envisioned the usurpation of state authority
but it set the minimum acceptable level for state programs. Those
states that met or exceeded that level and could demonstrate this
competence through legislative authority and implementing rules
could assume much of the authority of the Federal Act.
Three of the four states in Region VII have assumed authority
for the NPDES program. The fourth state, Iowa, has recently enacted
appropriate legislation and is now in the process of rulemaking to
meet the requirements for NPDES program assumption. It is anticipated
Iowa will have the NPDES program before the end of FY-77.
When the states assume NPDES authority, the Federal role becomes
one of partnership, assistance, and overview. The partnership is
reflected in the pooling of resources to accomplish the huge
compliance monitoring task. The assistance is making some of the
unique expertise of EPA available to solve complex problems and
the overview is exercised to ensure consistent regulatory implemen-
tation on a National scale.
AIR POLLUTION
Stationary Source
A stationary source is any facility which has a potential air
emission. Stationary sources are broken down into two categories,
major and minor. A major source is one which has potential emissions
of more than 100 tons of particulate matter or sulfur dioxide a year.
A minor source is one which has potential emissions of less than
100 tons a year, but more than 10 tons. In order for an enforcement
action to be taken against a stationary source, there must be a
violation of the SIP. A SIP is a plan in which a state has definite
schedules and limits for all sources in order to ensure compliance
with applicable air standards. Stationary source violations are
determined by either opacity observations or stack sampling. The
great majority of the monitoring and compliance work is done by the
states with EPA "spot checking" during the year. The compliance
status of all major and most minor sources are a part of the program
plan for the Region and are reported to Headquarters on a quarterly
basis. Upon learning of a violation, the Enforcement Division will
take appropriate enforcement action which is usually the sending of
a Notice of Violation to the source. This gives the state 30 days
in which to take appropriate enforcement action. If the state
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does not act, the Region then proceeds with an administrative
Order or a referral to the U.S. Attorney. Many times a source
will be under a State Compliance Order and the Enforcement
Division will then determine the appropriateness of the Order
and, if the Order is found to be appropriate, the Division will
issue a Federal Order which "tracks" the State Order. This
action is authorized under Section 113 of the Clean Air Act.
At the present time, in excess of 94 percent of all major
sources in the Region are in compliance. All other major sources
are on compliance schedules. Minor sources are inspected only
in non-attainment areas. At the beginning of each fiscal year
the states determine which portions of the state are not meeting
ambient air quality standards. Those areas which are not meeting
ambient air standards are said to be non-attainment areas.
Stationary source enforcement is also concerned with New
Source Review, New Source Performance Standards, and Prevention
of Significant Deterioration. Certain new construction must
obtain Federal approval prior to commencing construction. For
attainment areas, this is based on regulations covering Prevention
of Significant Determination, while in non-attainment areas this
Federal review is covered by EPA's "trade-off" policy.
The Enforcement Division also maintains the Compliance
Data System, which is a computer system in which all major and
minor sources and their compliance status within the Region
are maintained. Data included in the System relates to SIP,
NSPSS ESECA, PSD, NESHAPS, and NSR sources. This is an important
management and enforcement tool.
Mobile Source
Mobile source enforcement concerns all motor vehicles. In an
effort to reduce the hydrocarbon emissions from motor vehicles, the
Agency has issued regulations requiring that unleaded gasoline be
available to the general public. Unleaded gasoline is needed for
most automobiles produced since 1975 since practically all are
equipped with catalytic converters which reduce air emissions. A
considerable enforcement effort has gone into the inspection of
service stations to determine if unleaded gasoline has been offered
for sale and also to determine if it meets the proper unleaded
content. The Enforcement Division has had contracts with the two
states in which the states do the inspection and sampling needed.
Several adjudicatory hearings have resulted from "unleaded"
violations. Approximately 2,000 warning letters have been issued
to those service stations which have borderline violations. There
is no state involvement in mobile source enforcement other than
inspection.
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Transportation Control Plans (TCPs) are used in certain
large metropolitan areas to reduce auto emissions. Thus far no
TCP has been put into effect in the Region although one is being
formulated for St. Louis, Missouri.
EMERGENCY RESPONSE PROGRAM
This program is made up of three major functions: Oil and
Hazardous Substances Spill response, spill prevention, and disaster
assistance.
The Regional Office is responsible for furnishing an on-scene
coordinator to direct Federal pollution control efforts at the
scene of a discharge. Designated members of the Emergency Response
Section are on 24-hour standby to receive spill reports and to
respond as prescribed by the national and regional contingency plans,
In Region VII, five Federal and four state agencies participate in
spill responses according to these plans.
Between 300 and 400 spill reports are received each year. Of
these, 15 to 20 percent require on-scene response to determine
that necessary measures are carried out by the responsible party.
All spills are referred to our Legal Branch for appropriate action
under Section 311 of the FWPCA.
The above efforts relate only to oil spills. We anticipate
a similar work load when hazardous substances control regulations
become effective and an essentially duplicate program is instituted
for those materials.
The spill prevention activities center around those facilities
required to prepare and implement a SPCC plan designed to prevent
any discharge of oil or oil products into a waterway. An inspection
program is conducted by regional personnel to assure compliance
with the law and regulations. Violations are referred for legal
action also. About 25 percent of the facilities inspected have
required such action to gain compliance.
Disaster assistance is of course unpredictable. Personnel
from the Regional Office are subject to call as one of the
emergency support teams during a disaster. The Chief, Emergency
Response Section, is responsible for coordinating EPA's efforts
with other Federal and state officials.
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INTERMEDIA PROGRAMS
The Intermedia Programs Office is a component of the Office of
the Regional Administrator and consists of four programs. Manpower
and Training, Environmental Impact Statements, Federal Activities,
and Research and Development. Briefly the functions of these
programs are:
1. Manpower and Training - coordinate the development and
delivery of EPA Manpower and Training services to state and local
agencies and other interested parties to assure that properly
trained and qualified individuals are available to carry out
environmental programs,
2. Environmental Impact Statements - primary responsibility
for all matters directly or indirectly related to environmental
impact statements. This includes writing or contracting for
writing of statements on EPA funded or permitted projects,
3. Federal Activities - assures that all activities connected
with abatement and control of pollution at Federal facilities
comply with appropriate legislation, and
4. Research and Development - primarily a liaison activity
to maintain professional communication between the research
community and the Agency's program.
Additional information follows.
MANPOWER AND TRAINING
Qualified personnel to operate and maintain pollution control
facilities are essential to accomplishment of National goals for
abatement and control of pollution. These qualified personnel
are not now available in sufficient numbers, consequently, many
pollution control facilities function below their disign capabilities,
Traditionally, regulatory agencies have been the primary agents
in providing training for pollution control operating personnel.
These agencies have generally been unable to provide an adequate
level and range of training. As a consequence of this approach to
training many state education and manpower service programs have not
included needs of environmental occupations as a priority item in
their program plans.
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At this time, there are only a few established training programs
which provide preemployment qualification to persons wanting to enter
the field of operation, consequently, there is no pool of qualified
personnel from which local agencies may recruit to fill entry level
operating positions. Also, training opportunities to provide
necessary skills for unqualified or underqualified operating
personnel, now employed, are inadequate to meet present needs.
The present EPA manpower strategy is directed at developing an
effective working relationship between state regulatory agencies and
state education and manpower service programs in order to provide
appropriate training and human resource development activities to
supply qualified personnel. Some progress is being made; however,
major advances must still be made in order to adequately meet the
need for qualified operating personnel in pollution control. This
strategy, when accomplished, should provide an effective training
and development structure to support environmental regulatory
programs and also provide a meaningful outlet for clients of
programs in human resource development, such as vocational and
adult eduction and Comprehensive Employment and Training Act
programs.
ENVIRONMENTAL IMPACT STATEMENTS
Since the passage of the National Environmental Policy Act
(NEPA) on January 1, 1970, the EPA, Region VII, office has received
approximately 650 Environmental Impact Statements (EISs) for review.
By far the greatest number of EISs have come from the Department
of Transportations agencies (Federal Highway Administration and
Federal Aviation Administration) and the U.S. Army Corps of
Engineers. Other agencies which have prepared EISs include the
Soil Conservation Service, Bureau of Reclamation, Bureau of Outdoor
Recreation, Department of Housing and Urban Development, Department
of Health, Education, and Welfare, Federal Power Commission, Nuclear
Regulatory Commission, Rural Electrification Administration,
Veterans Administration, and General Services Administration.
The first three years following passage of the Act, most of
the EISs were written on projects already designed, and some
were under construction. More recently EISs have been prepared
during the planning stage of the projects. This allows more
flexibility in the considerations of environmental impacts.
EPA is responsible for preparing EISs on wastewater treatment
facility grant projects and new source NPDES permits which have
significant environmental effects or are of nationwide significance.
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It should be recognized that no special relationship exists
between NEPA and EPA. NEPA is the responsibility of the Council
on Environmental Quality and eventually the President. The EPA
must comply with the law in the same manner as any other Federal
agency.
FEDERAL ACTIVITIES
The Federal Activities Program has the responsibility to
advise and direct Federal agencies in meeting pollution abatement
standards and the goals listed in Executive Order 11752. The
stated policy of the Federal Government is for Federal agencies
to lead the way in this effort.
Dredging Activity
A major problem has developed in the disposal of dredged or
fill material in navigable waters. Present disposal methods are
not acceptable. EPA, Fish and Wildlife Service, and state agencies
are working with the U.S. Army Corps of Engineers to improve
disposal methods so as to protect water quality and stream environ-
ment from adverse effects.
Section 404 Permits - Wetlands Protection
The Corps of Engineers has moved into Phase II jurisdiction
which includes tributaries of navigable streams and lakes of more
than 5 acres. EPA has the responsibility of reviewing the proposed
projects for their effect on municipal water supplies, shellfish
beds and fishery areas, wildlife or recreational areas.
Great River Environmental Action Team
The Great River Environmental Action Team was formed to
generate a plan of action to develop the Upper Mississippi River
and protect its wildlife value. The team consists of representa-
tives from the U.S. Fish and Wildlife Service, Corps of Engineers,
Soil Conservation Service, Bureau of Outdoor Recreation, Department
of Transportation, and the States of Wisconsin, Iowa, Illinois,
and Missouri.
NPDE5 Permits
Essentially all NPDES permits have been issued to Federal
facilities in Region VII. Additional permits will be issued as
new projects are developed. The major workload in this program
now has shifted to assuring compliance of the Federal facilities
with their permit conditions.
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RESEARCH AND DEVELOPMENT ACTIVITIES
Research Grants
The Environmental Protection Agency Research and Development
program is made up of:
1. research carried out by EPA in EPA facilities,
2. research carried out by other Federal agencies in conjunction,
cooperation, and coordination with EPA and possibly involving inter-
agency transfer of funds, and
3. extramural research carried out by public or private
agencies, companies, or persons under EPA grant or contract.
The following table summarizes by state the number of research
projects and the funds awarded by EPA for these extramural projects
during FY-76. There are ten contractors and grantees in Missouri,
six in Kansas, three in Iowa, and three in Nebraska. The prepon-
derance of research projects in Missouri is due mainly to the 36
projects at Midwest Research Institute, a not-for-profit organization
in Kansas City.
Summary of Active EPA Sponsored
Research and Development Projects
State
Iowa
Kansas
Missouri
Nebraska
TOTAL
Grants
Number EPA Funds
3 $ 918,200
6 462,400
11 2,546,900
2 145,100
22 $4,072,600
Contracts
Number EPA Funds
3 $ 718,000
8 377,000
44 9,608,100
4 294,000
59 $10,997,100
State Totals
Number EPA Funds
6 $ 1,636,200
14 839,400
55 12,155,000
6 439,100
81 $15,069,700
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Research and Development grants and contracts are reviewed,
approved, and monitored through EPA Headquarters and laboratory
operations. The Regional Office role in this program is primarily
one of technical assistance.
Of significance to the Region is a request from the State of
Kansas for research on methods to improve the efficiency of
secondary sewage treatment plants, especially for trickling
filter plants. These plants can meet the effluent standards in
the summer but are unable to do so in the winter because of
decreased secondary settling efficiencies. Supplemental processes
such as use of chemical coagulants are considered expensive and
not satisfactory for reliable operation by small communities.
Research on clarifier design improvement is under discussion
between this office and Municipal Environmental Research Labor-
atory, Cincinnati, Ohio, personnel. The problem is both regional
and national in scope and needs to be addressed.
Lake Restoration Grants
Sections 104(h) and 314 of the FWPCA (PL 92-500) authorize
matching grants to the states for projects to demonstrate and
implement lake water quality improvement methods. Region VII state
water pollution control agencies have not encouraged applications
and have provided only minimum service and cooperation on appli-
cations because of (1) inadequate state personnel to work on
this program and (2) lack of state funds for matching any Federal
grants. Iowa has a $500,000 dredging grant fund administered by
the Iowa Conservation Commission and has three applications. In
Region VII, this program is administered by Regional Office
Research and Development Representatives; no funds are allocated
for this regional activity.
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SURVEILLANCE AND ANALYSIS DIVISION
Collection, analysis, and evaluation of environmental quality
data are the responsibility of the Surveillance and Analysis
Division. These activities are carried out in support of regional
programs and enforcement activities. Also included are the
analytical quality control program and technical assistance to
state and local agencies concerning techniques, quality control,
and methodology in both collection and analyzing samples.
The Division's Technical Services Branch is the field
investigative arm and is responsible for compliance monitoring
of all point source discharges and stationary source emissions.
Technical assistance and training for improving operation and
maintenance of municipal wastewater treatment facilities is
provided through this Branch on a cooperative effort basis with
the appropriate state agencies.
The Laboratory Branch provides a full range of analytical
services involving microbiology, aquatic biology and toxicology,
organic and inorganic chemistry, and others. A broad spectrum
of expertise is available at the facility to carry out the
necessary services.
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PRIORITY OBJECTIVES FOR FY-1977
WATER POLLUTION CONTROL
1. Manage the Construction Grants program.
2. Monitor area-wide Water Quality Management (208) Plan
development.
3. Encourage and assist states in NPDES permit and compliance
activity.
WATER SUPPLY PROGRAM
Assist states in implementing the Safe Drinking Water Act.
AIR POLLUTION CONTROL
1. Assure continuing compliance of sources.
2. Bring non-attainment areas into compliance.
3. Continue development of transportation control plan in
St. Louis Metropolitan area.
4. Emphasize delegations to state agencies of National
Emission Standards for Hazardous Air Pollutant Sources and New
Source Performance Standards.
PESTICIDES
1. Encourage enactment of legislation to enable states to
participate in the functions authorized by the Federal Pesticide
Act.
2. Develop cooperative enforcement agreements with state
Departments of Agriculture.
3. Continue investigations of pesticide user compliance with
label directions.
SOLID WASTE
Provide technical and financial assistance to states and local/
regional agencies to meet the planning, implementation, and regulatory
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activities included in the recently enacted Resource Conservation
and Recovery Act of 1976.
NOISE
Assist state and local agencies in development of noise control
legislation and programs.
RADIATION
1. Continued responsibility for technical review and management
of environmental radiation around nuclear facilities.
2. Provide technical assistance to state and local agencies
and the Office of Radiation Programs.
3. Provide technical resources to review EISs for nuclear
power plants.
4. Promote and assist development and updating of state
radiological response plans.
5. Implement drinking water standards for radionuclides.
TOXIC SUBSTANCES
1. Participate in the review of strategy documents, toxics
"Thrust List," and other developmental activities of OTS Headquarters
as requested. Provide other needed regional information to Head-
quarters.
2. Develop the Regional Office Operational Plan for carrying
out the mandates of the Toxic Substances Act at the regional level.
Coordinate TSCA activities with other Region VII programs.
3. Represent the Regional Office to state and local agencies,
industry, the public, and other appropriate Federal agencies with
respect to the Act. Solicit participation in TSCA activities, and
provide information about the Act through meetings and individual
contacts.
4. Respond to requests for information concerning toxic
substances, the Act and its implementation.
5. Respond to emergencies and hazardous material disposal
information requests.
6. Initiate appropriate monitoring and inspectional activities
as soon as Headquarters Guidance is developed and as needs are seen
in the Region.
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REGIONAL ISSUES AND PROBLEMS
WATER
1. Agricultural and surface runoff are problems in every
river basin with quantities of nutrients, organics, agricultural
chemicals, and bacteria entering the waterways. Combined sewer
overflows in metropolitan areas are significant contributors to
water quality degradation.
2. Nonpoint sources of fecal coliform and ammonia wastes
will be major obstacles to obtaining full water quality standards
compliance. Increased emphasis is being given to finding solutions
to the nonpoint pollution problem.
3. The requirements of Public Law 92-500 increase the
states workload but the Act also provides a higher level of
funding to support state programs than did prior legislation.
The states, however, continue to experience difficulties in
obtaining and maintaining staffs to respond to the comprehensive
and demanding provisions of the Law.
4. There is apparently considerable oposition to Regional
Office decision requiring regional wastewater treatment facilities
for Kansas City, Missouri, and Johnson County, Kansas.
5. The allocated Construction Grants funds to the states
in Region VII are not generally adequate. The increased Federal/
state grants and the broadening of eligibility to include collection
systems and other facilities have created a greater need. While
there was substantial improvement in allocations to the states,
the grant monies could, in all states except Kansas, be completely
used by the larger metropolitan areas needs. In three of the
states a number of the projects on the priority list must be
postponed until additional grant monies are made available. Lack
of funding for FY-1977 has caused concern in all states as to the
future of the grants program.
AIR
Wind-blown dust, due to dry weather conditions and agricultural
activities, appears to prevent attainment of particulate standards
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in rural areas. Re-entrained dust from urban streets contributes
to the particulate levels in urban areas.
In Iowa, legal authority is needed to permit promulgations of
regulations to control hazardous pollutant sources.
The Nebraska program is hampered by the inability to retain a
trained staff. The existing salary structure causes this problem.
SOLID WASTE
The passage of PL 94-580, the Resource Conservation and Recovery
Act of 1976 (RCRA), presents a broad challange to the states of Region
VII. The RCRA provides for the development and implementation of
state hazardous waste management programs, the updating of state solid
waste management plans including a ban on open dumping and an
inventory of land disposal sites, and the inclusion of resource
recovery and conservation programs in the state solid waste programs.
The states will have to comply with the solid waste requirements
of the new Act to allow their local communities and the state agencies
to participate in the grant programs for rural community assistance,
demonstrations of technology, and other programs. The states will be
eligible to become authorized to conduct the hazardous waste management
program with substantial Federal assistance if they obtain legislation
and develop an acceptable program.
The states have all undertaken an inventory of the sources of
hazardous waste which should be complete early in 1977 in Kansas,
Nebraska, and Missouri, and in the middle of 1977 in Iowa. The data
from these surveys should provide documentation of the extent of
industrial or hazardous waste problems in the states and provide
environmental or health problems.
The states developed strategies for upgrading their hazardous
and solid waste management programs and, with the exception of Iowa,
developed a strategy for resource recovery and source reduction
programs. These strategies will become a portion of the updated
state solid waste management plans.
The Iowa solid waste program completed the permitting of
sanitary disposal projects covering 100 percent of the counties in
the state. However, Iowa solid waste management legislation does
not require the utilization of permitted facilities by industries.
This is a major loophole in the state program. The "special" waste
survey undertaken by the Iowa Department of Environmental Quality
(IDEQ) was done by contract and in conjunction with several other
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surveys. The data, except in combined form, will not be available
to the Department and, therefore, cannot form a data base for
initiating a state "special" waste management program. The IDEQ
has proposed "special" waste management legislation, and legislation
to close the loophole on industrial "on site" disposal.
The Kansas solid waste program completed the permitting of
solid waste disposal sites covering 90 percent of the population
in the state. The state has good solid waste management legislation.
The hazardous waste survey identified the need for additional
legislation and improved controls on hazardous waste management.
New legislation is under consideration by the 1977 Legislature. The
state program needs additional funding and personnel, visibility,
and hazardous waste management legislation.
The Missouri solid waste program has permitted solid waste
processing or disposal facilities serving 85 percent of the state's
population and has good solid waste management legislation. A
statewide survey of hazardous waste generation identified the problems
and the need for additional controls. New legislation to provide for
a state hazardous waste control program is under consideration by the
1977 Legislature. The state program needs personnel, funding, and new
hazardous waste management legislation.
Nebraska has a solid waste management plan adopted by the
Governor that calls for the passage of comprehensive solid waste
management legislation. The Department of Environmental Control has
permitted sites covering 55 percent of the population, however,
further progress will await new legislation. A survey of hazardous
waste producing industries indicated the need for new state
regulations on generators, transporters, and facility or site
operators. The new program should be implemented in FY-1977. The
state program needs additional resources and updated solid and
hazardous waste regulations during the next year in addition to new
comprehensive solid waste legislation.
RADIATION
Iowa is the only state not having a comprehensive state radiation
control law. The IDEQ has been given legislative authority to
regulate transportation, storage, and burial of radioactive wastes.
The Duane Arnold Nuclear Center is in operation near Cedar Rapids,
Iowa, and plans are being made for an additional nuclear power plant
in central Iowa and a decision is pending.
The Kansas radiation control program is active in all areas. The
construction permit public hearings have been held for the Wolf Creek
Nuclear Generating Station to be built near Burlington, Kansas, and
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the Nuclear Regulatory Commission (NRC) has issued a limited work
authorization permit. The plant will be part of the Standardized
Nuclear Unit Power Plant System (SNUPPS).
The radiation control program in Missouri is very small in
comparison to the number of radiation sources in the State.
Additional personnel are needed to carry out environmental aspects
of the program. The Missouri Department of Natural Resources is
sponsoring a comprehensive radiation control law in the current
session of the Legislature. Two 1100 Megawatt SNUPPS units are
under construction near Jefferson City.
The Nebraska program is comprehensive but has suffered from
turnover of personnel. The surveillance program has been continued
around Cooper Nuclear Station and Fort Calhoun Station, both of
which are operating nuclear power plants. An application was
made to the NRC for a permit to construct Fort Calhoun Nuclear •
Unit II, however, the application was recently canceled.
PESTICIDES
Local problems are the lack of laboratory facilities, need
to continue state registration, special local need registration,
emergency use of pesticides, and determination of the number of
pesticide users to be certified.
There is a lack of personnel, technical expertise, and funding
to fully implement the FEPCA.
Iowa has formally submitted a State Plan for the certification
of pesticide applicators which has been approved by EPA, contingent
upon the promulgation of four proposed rules. The Iowa State
University Cooperative Extension Service has developed pesticide
applicator training manuals utilizing the EPA Core Manual and is
conducting annual statewide training programs in the fall and
winter.
Kansas trained commercial applicators during November and
December of 1976. Private applicator training is to begin in
February 1977. Missouri trained commercial applicators in the
Spring of 1976 and will offer additional training in January and
February of 1977. Finalized state plans for Missouri and Kansas
are expected before January 1, 1977.
Nebraska passed legislation partially in direct conflict with
the FIFRA. Development of an applicator training and certification
program is dependent upon repeal of existing law and passage of
enabling legislation meeting the requirements of FIFRA.
39
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NOISE
Suitable state legislation with appropriate resources are
needed to implement control action. The Governors of the states
of this region have designated the noise control agencies.
On Octover 29, 1974, St. Louis County, Missouri, passed an
ordinance to control the emission of noise and the generation of
vibrations. The associated noise program by the St. Louis County
Department of Community Health and Medical Care is helping to ensure
a better quality of life for the citizens of St. Louis County
through its efforts to limit community noise exposure.
Nebraska has noise control legislation for motor vehicles
with a gross weight of 10,000 pounds or more. The noise control
program for these vehicles will reduce the impact of this noise
source upon Nebraska citizens and aid in enforcement of Federal
noise regulations governing interstate motor carriers.
Several state and local governments have expressed a desire
for a noise control program if Federal funds are available to
assist them.
40
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GLOSSARY
AQCR Air Quality Control Region
AQMA Air Quality Maintenance Area
BMCS Bureau of Motor Carrier Safety
BTU British Thermal Unit
CETA Comprehensive Employment Training Act
CO Carbon Monoxide
dBA Decibel A-weighted
DCPA Defence Civil Preparedness Agency
DEC Department of Environmental Control
DHE Department of Health and Environment
DHEW Department of Health, Education, and Welfare
DOT Department of Transportation
EIS Environmental Impact Statement
EPA Environmental Protection Agency
ERDA Energy Research and Development Administration
ESECA Energy Supply and Environmental Coordination Act
FDA Food and Drug Administration
FDAA Federal Disaster Assistance Administration
FEPCA Federal Environmental Pesticide Control Act
FIFRA Federal Insecticide, Fungicide, and Rodenticide Act
FWPCA Federal Water Pollution Control Act
GSA General Services Administration
HC Hydrocarbon
41
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HUD Housing and Urban Development
IDEQ Iowa Department of Environmental Quality
MARC Mid America Regional Council
MDNR Missouri Department of Natural Resources
NAAQS National Ambient Air Quality Standard
NEPA National Environmental Policy Act (EIS)
NESHAPS National Emission Standard for Hazardous Air
Pollutant (to States)
NPDES National Pollutant Discharge Elimination System
NRC Nuclear Regulatory Commission
NSPS New Source Performance Standard
NSR New Source Review
Ox Oxidant
PSD Prevention of Significant Deterioration
RCRA Resource Conservation and Recovery Act
REA Rural Electrification Administration
SCS Soil Conservation Service
SIP State Implementation Plan
SNUPPS Standardized Nuclear Power Plant System
S02 Sulfur Dioxide
/
TCP Transportation Control Plan
TSCA Toxic Substances Control Act
TSP Total Suspended Particulate
USDA United States Department of Agriculture
42
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IOWA APPENDIX INDEX
Page
General 1-1
Program Grants 1-2
Water Quality:
Planning 1-3
Construction Grants 1-3
Water Supply Program 1-4
Water Enforcement (Permits) 1-5
Air and Hazardous Materials:
Air Quality 1-6
Solid Waste Management 1-7
Radiation 1-8
Pesticides 1-9
Noise Abatement and Control 1-9
Intermedia Programs:
Significant Environmental Impact Statements. . . . 1-10
Federal Activities 1-11
Lake Restoration Grants 1-11
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GENERAL
The Iowa Department of Environmental Quality (IDEQ) was
created by the State General Assembly and became effective
January 1, 1973. This Act transferred the existing air pollution
control, water pollution control, and solid waste disposal
programs from the State Department of Health and the chemical
program from the State Department of Agriculture to the new
IDEQ. The new Department was designated as the official State
agency for air pollution control, water pollution control, solid
waste disposal, and chemical technology.
The Department is working extremely well in coordinating the
environmental pollution control efforts. It is expected that the
Federal NPDES program will be delegated to the State sometime
during this fiscal year.
The discharges from various packing plants and animal
processing plants constitute a significant pollution problem.
Most of the livestock feed lots are small, but in some instances,
also contribute significantly to the waste load of receiving
streams. Some of the wastes have high ammonia contents and are
difficult to control.
Electrical energy needs are currently being met. High sulfur
content fuels are a problem because the stack scrubber equipment
either has not been installed or, in some cases, is not available.
Iowa has a nuclear energy plant (Duane Arnold Plant near Cedar
Rapids). The management has done an excellent job in community
relations. Another plant is being planned.
A total of $9 billion was released to EPA for construction
grants in FY-1976 and Iowa's share of this is $100.04 million.
these funds are not subject to re-allotment until September 30,
1977. About $25 million remain to be obligated as of March 1, 1977.
PL 92-500 does not authorize grant funds beyond those now
allocated. An additional $1.8 million was made available recently
under Title III of the Public Works Employment Act of 1976
(PL 94-447).
The following program summaries describe some of the major
activities in the State.
1-1
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PROGRAM GRANTS
The State Program Grants are administered by the IDEQ.
Federal Air, Water, arid Solid Waste program funds are combined
as one consolidated grant. Air, Water Pollution and Planning,
Water Supply, and Solid Waste program grant authorities are
PL 91-604, PL 92-500, PL 93-523, and PL 91-512, respectively.
Federal program funds for FY-1977 are $1,563,616.
Air:
State. $448,900
Local
Des Moines 44,666
Linn County 28,800
Total $522,366
Water Quality Planning:
State $726,900
Water Supply:
State $266,600
Solid Waste:
State $47,750
1-2
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WATER QUALITY
PLANNING
The IDEQ has completed the Phase I statewide river basin
planning under Section 303(e) of the Federal Water Pollution
Control Act (FWPCA) and has recently been granted $1,182,700 of
Section 208 funds for the Phase II process. Two areas have been
designated by the Governor for areawide planning also under
Section 208. The Central Iowa Regional Association of Local
Governments received a grant of $1,385,000 to do a study of the
Des Moines Metropolitan Area and the Chariton Valley Regional
Services Agency received a grant of $325,000 to develop a waste
treatment management plan for the four county Rathbun Reservoir
Area.
CONSTRUCTION GRANTS
Iowa currently (December 1976) has $198.6 million obligated
to 454 active grant projects. During FY-1976, including the
Transition Quarter, 295 grant awards were processed representing
$87.6 million in Federal dollars.
All construction grant funds authorized by the FWPCA of
1972 (PL 92-500) have been allocated to the State and are
committed to projects listed in FY-1976, although not actually
obligated. Congressional action or additional authorizations
and appropriations is necessary before new projects can be
considered.
All applications are processed for completeness by the IDEQ
before forwarding to EPA Regional Office for review. The time
required to process an application through the State and EPA
Regional Office depends on a number of factors including
deficiencies found and complexity of the project.
1-3
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WATER SUPPLY PROGRAM
The Public Water Supply Program is a function of the IDEQ.
The central office provides direction of Water Supply Program field
activities. Six district offices devote 40 percent of their time
to the Program, making inspections of the public water supplies on
a routine basis, with much of the effort directed to the smaller
supplies. The offices also provide technical assistance and "one
on one" informal training for operators.
The IDEQ reviews all the plans and specifications submitted
by owners of public water supplies and reviews plans and specifi-
cations of quasi-public water supplies on a time-avail able basis.
Private water supplies are under the authority of the Iowa State
Health Department.
The central office staff is responsible for administering
the entire mandatory Water and Wastewater Operator Certification
Program. The maintenance of records and enforcement of the
mandatory certification law takes much of the staff's time.
The central office receives weekly operating reports from
most of the treated public water supplies. Unfortunately, manpower
is not available to review this information to detect operational
problems. Support provided through grant funds authorized by the
Safe Drinking Water Act should eliminate this problem however.
The State Hygienic Laboratory at Iowa City provides the
bacteriological and part of the chemical analytical service for
the water supplies of the State. The Des Moines branch laboratory
makes the majority of the chemical analyses.
Within the provisions of the National Interim Primary Drinking
Water Regulations (40 CFR 141), the IDEQ is required, as a pre-
requisite to assumption of primary enforcement responsibility
(primacy) under the Safe Drinking Water Act (PL 93-523), to seek
and obtain "preliminary certification" of the Principal State
Laboratory by June 24, 1977. Under IDEQ's contractural arrange-
ments, this will be the State Hygienic Laboratory. The IDEQ must,
in turn, "approve" all other laboratories in the State, from which
the State accepts water supply analyses, pursuant to the Safe
Drinking Water Act, by this same June 24, 1977, deadline. The
State Program which will be responsible for laboratory approval,
and later certification of these laboratories in the State, must
be approved by the EPA Regional Office. Further, the State Program
must have available the required technical expertise to approve/
certify all chemical and microbiological contaminants which must be
monitored for, and analyzed for, under the provisions of PL 93-523.
1-4
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WATER ENFORCEMENT
NPDES PERMIT PROGRAM
The Iowa legislature passed the necessary statutory ammendments
for assumption of NPDES authority. Regulations designed to complete
program authority have been drafted and are in the process of being
adopted. We anticipate program assumption late in FY-77. We are
trying to issue as many permits as possible to assist in the
transition.
IDEQ has a vigorous enforcement program, but many cases are
delayed or never filed by the State Attorney General's office.
This has led to IDEQ reliance on EPA for formal enforcement
action.
Changes in program guidance, such as change in the definition
of secondary treatment for municipal discharges, has resulted in
a continuous program for permit issuance, reissuance, and/or
modification.
Permit Issuance Summary
Issued Unissued
Major Municipal 123 15
Major Industrial 41 3
Minor Municipal 477 120
Minor Industrial 504 63
Agricultural 38 10
1,183 211
1-5
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AIR AND HAZARDOUS MATERIALS
AIR QUALITY
The IDEQ identified six Standard Metropolitan Statistical
Areas (SMSA) as having a potential to violate the National
Ambient Air Quality Standards (NAAQS) for particulate matter in
1985 and recommended designation of these areas as Air Quality
Maintenance Areas (AQMA) for particulate matter. Detailed analysis
utilizing projection modeling reduced this number to five AQMAs:
(1) Cedar Rapids particulate, (2) Des Moines particulate and CO,
(3) Omaha-Council Bluffs particulate, (4) Davenport particulate,
and (5) Waterloo particulate.
The call for an Iowa SIP revision requested an attainment/
maintenance plan for these five AQMAs to be submitted by July 1,
1977. It appears that the Federal new automobile emission require-
ments are sufficient to allow attainment of the CO standard in
Des Moines; thus, no request was made for revisions related to
automotive emissions.
The EPA Region VII office provided contractural assistance
to the IDEQ to update the Iowa SIP. The completed product included
all regulatory and strategy changes made by the IDEQ since the
initial plan submission in 1972.
The IDEQ attempted to follow the recommendations of the
Energy Supply and Environmental Coordination Act review report
and developed SOg emission regulations for coal-burning power
plants which contained emission limits that varied according to
location in the State. Simply stated, these regulations required
six-pounds per million BTUs in ten counties, eight-pounds per
million BTUs in some counties, and unlimited in other areas. The
Iowa Legislative Review Committee found these regulations to be
arbitrary and would not approve them.
The IDEQ submitted this regulation to the EPA as a plan revision
under Section 110 (a)(3)(B) of the Clean Air Act. This section
requires approval or disapproval within 90 days. This time constraint
prevented the Regional Office from obtaining sufficient technical
support from the IDEQ to show that such regulations would not allow
standards to be exceeded. The action of the Legislative Review
Committee cast doubt on the regulations enforceability; thus,
the revision was disapproved. Objections of the Committee have now
been rescinded and it would appear the regulation is approvable.
1-6
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The Regional Office plans to provide technical assistance
to the State in an effort to determine the technical acceptability
of the IDEQ S02 regulation. The method proposed is to model
emissions from the power plants and other particulate and S02
sources to determine the air quality impact of the regulation.
Our offer of this assistance has only recently been accepted.
The Regional Office provided contractual assistance to
update the Iowa emission inventory and a statewide hydrocarbon
(HC) inventory. The purpose of these inventories is to provide
an accurate data base upon which to improve emission control
strategies. Since HCs are precursors for photochemically-
produced ozone and other Ox, a reliable emission inventory should
indicate the extent of HC emission in the State and the potential
for Ox formation.
Responsibility for NSPS regulations has been delegated to
the State. As EPA promulgates (or revises) NSPS regulations,
the State updates its requirements. Iowa does lack statutory
authority to adopt NSPS which specify equipment (i.e., floating
roof tanks for HC storage).
Overall, the State has an efficient air enforcement program.
SOLID WASTE MANAGEMENT
The State headquarters program staffing consists of nine
professionals and two clerical positions. District and legal
office support adds an additional 5.7 man-years. The State
headquarters budget for FY-1977 is $213,404 with $47,750 from
a Federal solid waste management planning grant covering three
quarters of the year.
The Solid Waste Management Division of the IDEQ completed
the State Solid Waste Management Plan in January 1974. The plan
was adopted by the Department and Commission in 1976. It describes
the State and local problems, including the need for an industrial
waste disposal permit system; expansion of the State rules to
specifically include storage, collection, and other areas; training
programs for solid waste operators; increased State manpower
(salary scale and positions); and funding for special programs
such as hazardous waste managment.
Implementation of the sanitary landfill permit program to
regulate the processing and disposal of municipal and commercial
solid wastes is nearly complete. The permit program has resulted
in 100 percent of the State's population being served by adequate
sites and facilities, however, industries do not have to utilize
1-7
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such facilities. Approximately 100 dumps remain to be closed.
Another problem is the need for financial and technical assistance
to develop and implement the local solid waste management plans.
Proposed legislation to allow an industrial waste survey and
hazardous waste controls was introduced in FY-1975 and 1976 but
was not considered.
The City of Ames has constructed a resource recovery system
which is operational. A joint effort by IDEQ and the State Office
of Planning and Programming resulted in a large-scale program
for junk car recycling which is patterned after the Chicago-
Northwestern Railroad program entitled "PRIDE." This operation
has recycled 100,000 junk cars in the past four years. Other
programs for special wastes include an IDEQ sponsored pesticide
container recycling program, an oil recycling program, and the
Iowa Industrial Waste Information Exchange operated through the
Iowa State University extension.
RADIATION
The IDEQ is the State environmental radiation control
agency.
There are several drinking water supplies that have an elevated
radium content. EPA Standards for radioactivity in drinking water
may require additional water treatment for these supplies.
There are 135 Nuclear Regulatory Commission radioactive materials
licenses in the state, 20 radium sources, and 1 particle accelerator.
The state has 2,850 medical x-ray machines and 3,100 dental x-ray
machines. The nonionizing radiation sources are 276 broadcast
transmitters, 817 microwave towers, and 18 fixed radar installations.
There are no radioactive disposal sites in the State.
The Duane Arnold Nuclear Energy Center is being operated near
Cedar Rapids, by the Iowa Electric Light and Power Company. Fort
Calhoun Nuclear Station is operated by the Omaha Public Power
District on the western border of Iowa. Quad-Cities Station is
operated on the eastern border by Commonwealth Edison Company and
Iowa-Illinois Gas Company. Plans are being made by Iowa Power and
Light Company for a large nuclear power plant to be located near
Des Moines.
It is believed that the increased activity across the State will
result in citizen support necessary for the development of State
radiation control program. The 1976 Legislature created an
Interagency Coordinating Counsel on Radiation Safety which will
develop a state radiation safety program.
1-8
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PESTICIDE
The 1976 Legislature passed amendments to the 1974 Iowa
Pesticide Law that included portions enabling the State to function
under the amended FIFRA.
The Department of Agriculture has been designated by the
Governor as the primary agency.
Cooperative Relationship—EPA/USDA. A continuing informal
program of cooperation is maintained with Iowa State University
Extension Service. We mutually inform of our activities, actions,
and needs. EPA funds the Department of Agriculture to develop
a certification plan and program and also funds the State Cooper-
ation Extension Service to conduct certification training. This
plan has been completed and given contingency approval by the
Agency.
NOISE ABATEMENT AND CONTROL
The IDEQ is the State noise control agency. Mutually, EPA
and IDEQ have worked on community noise ordinances, review of
environmental impact statements and complaint problems. Snow-
mobile noise regulations are now enforced in the State. There
is need for suitable State noise legislation and resources for
a more active noise control program.
Major cities in Iowa that have developed noise control
ordinances are Burlington, Cedar Falls, Cedar Rapids, Dubuque,
and Sioux City. Other cities have expressed an interest in
developing ordinances for their cities.
1-9
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INTERMEDIA PROGRAMS
SIGNIFICANT ENVIRONMENTAL IMPACT STATEMENTS
1. Corallville Lake
EPA reviewed the draft EIS for operation and maintenance of
Coral!vilie Lake in 1975. The project was rated "Environmentally
Unsatisfactory" because concentrations of dieldrin exceeded the
Food and Drug Administration's maximum allowable residue limit
for fish marketed in interstate commerce. Through coordination
efforts by EPA, the Corps, and the State of Iowa, the Iowa
Conservation Commission banned commercial fishing in the lake
as of July 9, 1976. In addition, the Corps of Engineers, Rock
Island District, has agreed to post the lake notifying sport
fishermen that certain species of fish in the lake are contaminated
and should not be eaten. The final EIS on the project has not been
issued.
2. Red Rock Lake
EPA expressed environmental reservations with the EIS on the
operation and maintenance of the project because pesticide data
in the final EIS indicated certain fish species were contaminated
with dieldrin. The Corps of Engineers is instituting a monitoring
program to determine if certain fish species are generally
contaminated. If this proves to be true, a ban on commercial
fishing and/or warnings to sport fishermen will be undertaken.
3. Little River Watershed Project
EPA rated both the draft and final EIS as environmental
reservations because of heavy metals, pesticides, and PCB's which
may preclude the use of the proposed multipurpose impoundment for
water supply and fishing. Because the water quality assessment
did not produce conclusive data, either supporting or rejecting
our concerns, we requested additional water and sediment sampling
be conducted by the Soil Conservation Service (SCS) before project
construction commences. SCS has agreed to conduct additional
water quality monitoring.
George Neal Steam Electric^Generating Stations. Unit 4,
EPA, in conjunction with the Corps of Engineers (Omaha District)
and the Rural Electrification Administration (REA), is preparing
1-10
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an EIS for the issuance of a NPDES permit (EPA), Section 10 and
404 permits (C.O.E.)» and loan guarantees for related power
facilities (REA). The draft EIS was completed in October 1976
and the final EIS was completed in February 1977.
5. Ottumwa Steam Electric Generating Station, Ottumwa
EPA, in conjunction with the Corps of Engineers (Rock Island
District), is preparing an EIS for the issuance of a NPDES permit
(EPA) and Section 10 and 404 permits (C.O.E.). It is expected
that both the draft and final EIS will be completed in FY-1977.
FEDERAL ACTIVITIES
There are approximately 35 Federal facilities within the State
of Iowa. The EPA has issued 21 NPDES permits for facilities in the
State. Major emphasis will now be placed on assuring compliance
with the permit conditions.
Iowa Army Ammunition Plant has completed six advanced waste-
water treatment systems for removing TNT from their industrial
wastes. The plant has abandoned plans for converting coal-fired
boilers to gas-fired boilers because of the energy crisis. Iowa
Army Ammunition Plant has signed a Consent Declaration for the
installation of electrostatic precipitators for fly ash control
and is expected to be completed by mid 1977. They are working
on the development of an incinerator for disposal of packaging,
contaminated with TNT, which is currently being disposed of by
open burning. This project is to be completed by 1980.
LAKE RESTORATION GRANTS
Three lake restoration grant applications from Iowa have been
received by EPA; the Iowa Conservation Commission has similar
applications for funds to match the EPA grant. The applications
are from Blue Lake for $372,500 each from the state and EPA,
Lenox Municipal Reservoir $100,000 from each, and Lake Oelwein
$60,200 from each.
EPA has conditionally approved all three initial applications;
final approval and grant award depends on submission and approval
of additional information concerning proposed project feasibility,
proposed project design details, possible environmental impacts,
and other necessary information for evaluation of the grant
applications.
An Iowa Conservation Commission study is underway on Blue
Lake and is expected to yield necessary data by April 1977.
1-11
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Lenox Reservoir data submissions are almost complete enough for
evaluation and decision. Additional information has been requested
on Oelwein Lake. Cooperative action and coordination on these
applications are maintained with the Iowa Conservation Commission,
Iowa Department of Environmental Quality, and U.S. Fish and
Wildlife Service.
1-12
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KANSAS APPENDIX INDEX
Page
General K-1
Program Grants K-2
Water Quality:
Planning K-3
Construction Grants K-3
Water Supply Program K-4
Water Enforcement (Permits) K-5
Air and Hazardous Materials:
Air Quality K-6
Solid Waste Management K-6
Radiation K-7
Pesticides K-8
Noise Abatement and Control K-8
Intermedia Programs:
Significant Environmental Impact Statements. . . . K-9
Federal Activities K-9
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GENERAL
The Department of Health and Environment was established by
Executive Order on July 1, 1974. The Department is divided into
the Division of Health, the Division of the Environment, and the
Office of Laboratory Services. The State Department of Health
and the State Board of Health were abolished. The Air Quality
Commission, the Solid Waste Advisory Council, and the Water Well
Advisory Council were also abolished. All powers, duties, and
functions of the abolished State agencies were transferred to
the Secretary of the Department of Health and Environment.
Kansas was the first State to establish mandatory registration
of feedlots. Serious consideration is being given by the State
agencies to the problems of agricultural runoff (including nonpoint
sources) and land use. Meetings with agricultural and environmental
groups have been held to discuss these problems, methods for solving
them, and the need for land use legislation.
The State of Kansas was officially authorized to assume the
NPDES program on June 28, 1974.
Conferences regarding pesticide usage have been held and
needed pesticide legislation has been passed.
Electrical energy needs are currently being met. A coal
fueled plant near the state line south of Kansas City (La Cygne)
is in operation. Others are being planned for the State. One
nuclear plant is planned for generating electrical power.
A total of $9 billion was released to EPA for grants in
FY-1976 and the Kansas share of this is $53.79 million. These
funds are not subject to re-allotment until September 30, 1977.
About $40 million remains to be obligated as of March 1, 1977.
Public Law 92-500 does not authorize grant funds beyond those
now allocated. An additional $13.9 million was made available to
Kansas under Title III of the Public Works Employment Act of 1976
(PL 94-447).
The following program summaries describe some of the major
activities in the State.
K-l
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PROGRAM GRANTS
The State Program Grants are administered by the Kansas
Department of Health and Environment. Air, Water Pollution
and Planning, Water Supply, and Solid Waste program authorities
are PL 91-604, PL 92-500, PL 93-523, and PL 91-512, respectively.
Federal funds for FY-1977 are:
Air:
State $332,450
Local
Topeka 21,239
Wichita 52,363
Kansas City. . 90,240
Total $496,292
Water Quality Planning:
State $527,200
Water Supply:
State $261,600
Solid Waste:
State $41,250
K-2
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WATER QUALITY
PLANNING
The Kansas Department of. Health and Environment has completed
the Phase I river basin plans under Section 303(e) of PL 92-500
and has recently been granted $1,009,800 of Section 208 funds for
the Phase II process.
The Governor, acting jointly with the Governor of the State
of Missouri, requested designation of the Mid America Regional
Council (MARC) as an areawide planning agency and the Kansas City
metropolitan region as the planning area.
Administrator Russell Train approved the designation and a
grant of $1,400,000 was awarded to MARC to conduct the two-year
planning effort.
CONSTRUCTION GRANTS
During FY-1976, including the transition quarter, 205 Kansas
grant awards were made for a total obligation of $35.5 million.
The State currently (March 1, 1977) has over $105 million obligated
to 340 active projects.
Approximately $40 million is currently available for construc-
tion grants. This must be obligated by September 30, 1977, or be
subject to reallocation to other states. We are concerned that
a sufficient number of complete applications may not be available
in time to fully utilize these FY-1976 funds.
K-3
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WATER .SUPPLY. PROGRAM
The Water Supply Program is a branch of the Division of
Environment. There are six district offices which have an engineer
for water supply activities. The district engineer makes routine
inspections of all public water supply systems and provides
technical assistance for operators. He conducts sanitary surveys
on community water supplies and handles water quality problems
by working with the water suppliers to correct deficiencies.
Kansas has a mandatory disinfection requirement of their
water supplies, and all supplies have chlG'nnation equipment.
There are deficiencies in the quality of operation, and in
microbiological surveillance,, Additional staffing is needed in
the district offices.
The "proposed" Kansas Safe Drinking Water Statute has been
reviewed by the Revisor of Statutue's office and referred to the
Senate Committee regarding such laws. The Committee has held
hearings on the law and it is scheduled for debate on the Senate
floor during the week of March 7S 1977.
The Legislature must pass the law before it adjourns in
April. If passed,, the Governor will sign it into law and the
regulations can be written. If the Legislature adjourns before
the law is passed, there is no conceivable way Kansas can have
primacy for the Water Supply Program by October 1, 1977 (start
of FY-78 grant).
Within the provisions of the National Interim Primary
Drinking Water Regulations (40 CFR 141), the Kansas Department
of Health and Environment is required, as a prerequisite to
assumption of primary enforcement responsibility (primacy) under
the Safe Drinking Water Act, PL 93-5239 to seek and obtain
"preliminary certification" of the Principal State Laboratory
by June 24, 1977, The Kansas Department of Health and Environ-
ment must, in turn, "approve" all other laboratories in the
State, from which the State accepts water supply analyses,
pursuant to the Safe Drinking Water Act9 by this same June 24,
1977, deadline. The State Program which will be responsible
for laboratory approval, and later certification of these
laboratories in the State, must be approved by the EPA Regional
Office. Further, the State Program must have available the
required technical expertise to approve/certify all chemical
and microbiological contaminants which must be monitored for,
and analyzed for, under the provisions of PL 93-523.
K-4
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WATER ENFORCEMENT
NPDES PERMIT PROGRAM
The State has taken over all EPA-issued permits since they
have assumed NPDES permit authority. They have carried out an
effective compliance program but, like our other two states with
the permit authority, they have been reluctant to take formal
enforcement action. Our role is to provide technical assistance,
upon request, and program overview and guidance. We have drafted
most of their power plant permits.
Permi t Iss uan ce Summary
Issued Unissued
Major Municipal 39 0
Major Industrial 49 1
Minor Municipal 368 0
Minor Industrial 321 30
Agricultural 189 0
966 31
K-5
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AIR AND HAZARDOUS MATERIALS
AIR QUALITY
Air quality standards are exceeded at several monitoring
sites scattered throughout the State for suspended particulates
and at a few specific locations for CO and photochemical Ox.
Violations of the CO and photochemical Ox standards should be
eliminated as better controlled new automobiles replace older
ones; thus, no calls for CO or Ox plan revisions were made.
Violations of total suspended particulate (TSP) standards
are thought to be caused primarily by agricultural and urban
activities. Control of dust from agricultural activities to
attain the TSP standard is generally considered to be impractical
or unacceptable. Thus, no call for TSP plan revisions were made
in rural areas.
In the Kansas City AQCR, the feasibility of controlling the
re-entrainment of dust from paved streets is being studied. The
State has been notified that if techniques for the prevention of
re-entrainment proves feasible, programs implementing such
techniques will be required. Since such techniques (street
cleaning, prevention of mud carry-out, etc.) may not be within
the purview of the air pollution control agency, they would not
be required before mid 1978.
The State, with assistance frora the Regional Office, is
developing an air quality maintenance analysis for TSP in the
Kansas City area.
SOLID WASTE MANAGEMENT
The State program consists of 5.0 professional and one clerical
position. District office support adds an additional 1.0 person
years. The State budget for FY-1977 is $119,660 including a $41,250
Federal solid waste management planning grant covering three quarters
of FY-1977.
The Department of Health and Environment (DHE) completed their
State Solid Waste Management Plan in 1970 and obtained excellent
legislation (K.S.A. 1971 Supp. 65-3401 through 3417, as amended).
The State program has suffered from lack of visibility, insufficient
manpower (due to inadequate salaries and a lack of positions),
insufficient funding, and a lack of problem recognition by admin-
istrative officials and legislators. State legislation required
submission of county and/or city solid waste management plans by
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June 30, 1974, for approval by the DHE. All these plans have
been completed and approved, which is a tribute to the diligence
of the program personnel. The legislation also required permits
for all solid waste processing and disposal sites and facilities
by June 30, 1976, and 90 percent of the State's population is
currently served by approved facilities. Approximately 100 dumps
remain to be closed.
The major statewide problems in FY-1977 will be guidance of
local plan implementation, continued review and approval of
sanitary landfill permit applications, development and passage
of hazardous waste management program. A survey of approximately
450 industries for hazardous waste generation was completed in
1975 and 1976. The survey report will be available early in
1977 and includes recommendations for strengthening the State
legislation to require additional restrictions on hazardous waste
generators, transporters, and treatment or disposal operators.
In addition, the survey identified the industries with on-site
dumping problems and the Department moved quickly to require
industries to dispose of their waste at State approved facilities.
The DHE, as a portion of its FY-1977 program plan, will be
attempting to stimulate resource recovery efforts. There are no
significant resource recovery systems in operation in the State.
The University of Kansas is currently assessing the possibility
of burning solid waste to produce steam for use by the University.
A survey of resource recovery markets was completed in 1976 and
will be maintained to aid the local communities in recycling
efforts.
State program grant activities in FY-1977 will include
investigation and approval of sanitary landfills and industrial
waste landfills, a review of the State regulations and compliance
program, development of regulations for the hazardous waste
management program, and evaluation of local solid waste programs
for technical assistance efforts to other communities. Resources
will also be required for inspection and enforcement activities
on permitted facilities where necessary. Strategies for solid
and hazardous waste management programs and resource recovery
activities were completed in FY-1976 and will be updated in FY-1977
for inclusion with survey results into the State plan.
RADIATION
The Kansas State Department of Health and Environment is
the State radiation control agency.
Kansas is a Nuclear Regulatory Commission agreement state
and has issued some 160 licenses. The Nuclear Regulatory
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Commission has 15 licenses and there are 40 radium sources. There
are seven particle accelerators, 1,500 medical x-ray machines, and
1,500 dental x-ray machines. Nonionizing sources of radiation
include 262 broadcast transmitters, 1,518 microwave towers, and
39 mixed radar installations. There are no radioactive disposal
sites in the State.
Kansas Gas and Electric Company and the Kansas City Power and
Light Company have applied for a construction permit to build a
nuclear power plant near Burlington and hearings have been held.
The Nuclear Regulatory Commission has issued a limited work
authorization for the Wolf Creek Generating Station.
PESTICIDES
Cooperative Relationships—EPA/USDA. Kansas State University
Extension Service has been a constant source of help. Each year
EPA participates in Extension Service Chemical Task Group meetings
at various points in the State, which are primarily for growers,
dealers, applicators, etc. EPA funds the State Board of Agriculture
to develop and carry out the certification program, and funds the
State Cooperative Extension Service to conduct certification
training.
EPA has acted in an advisory capacity to legislative committees
in drafting of pesticide legislation.
Kansas has passed the HB 2001 Pesticide Law which conforms
to the FIFRA. The Kansas Law becomes effective October 21, 1977.
NOISE ABATEMENT AND CONTROL
The DHE is the State noise control agency. Mutually, we have
worked on community noise ordinances, review of environmental
impact statements, complaint problems and measuring techniques.
A major city in Kansas that has a noise control ordinance is
Prairie Village. Other cities have expressed interest and
requested information.
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INTERMEDIA PROGRAMS
SIGNIFICANT ENVIRONMENTAL IMPACT STATEMENTS
1. Nearman Creek Steam Electric Generating Station, Kansas
City
EPA rated the project Environmentally Unsatisfactory in its
review of the draft EIS because of a probable violation in NAAQS
for particulates and potential significant water quality degradation
from trace elements in the coal and ash fill leachates. The final
statement was rated adequate since major environmental problems
were resolved during the final preparation.
2. Halstead Local Flood Protection Projectt Halstead
EPA reviewed the draft EIS for the proposed project. The
project and statement were rated "ER-3" (environmental reservations -
inadequate), respectively. Our concerns were wetland habitat
degradation, water quality impacts, and the cumulative adverse
effects of this and other channel modification projects on the
human and natural environment of the Little Arkansas River Basin.
The list of draft statement inadequacies is extensive making an
adequate evaluation of the project impossible. The final EIS has
not been submitted for our review at this time.
FEDERAL ACTIVITIES
There are approximately 75 Federal facilities in the State
of Kansas. The EPA has issued 56 NPDES permits to facilities in
the State. Major emphasis will now be placed on assuring compliance
with the permit conditions.
The Sunflower Army Ammunition Plant near Lawrence, Kansas, is
presently in stand-by status. They now have an extensive program
for modifying existing facilities and construction of new facilities.
Construction of new Nitroguanidine Plant began in August 1975.
Kansas has six Federal facilities considered to be major air
sources. Three of these sources are in compliance with applicable
air regulations, while the other three have signed Consent Declara-
tions to correct their problem areas.
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MISSOURI APPENDIX INDEX
Page
General M-l
Program Grants M-2
Water Quality:
Planning M-3
Construction M-3
Water Supply Program M-4
Water Enforcement (Permits) M-6
Air and Hazardous Materials:
Air Quality M-7
Solid Waste Management M-8
Radiation M-9
Pesticides M-9
Noise Abatement and Control M-9
Intermedia Programs:
Significant Environmental Impact Statements. ... M-ll
Federal Activities M-12
Lake Restoration Grants . M-12
Manpower and Training M-13
M
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GENERAL
The Omnibus State Reorganization Act of 1974 combined 13
Departments and the Office of Administration into a new Department
of Natural Resources. Included in the reorganization were the
Air Conservation Commission, Clean Water Commission, Environmental
Improvement Authority, Water Resources Board, and some environ-
mental programs of the State Department of Health. The new
Department became fully effective on July 1, 1974. All major
environmental programs are now in the newly created Department.
St. Louis is the only metropolitan area in the Region for
which a Transportation Control Plan is required. The over-lapping
nature of the two-state metropolitan area makes it difficult to
work efficiently for transportation control. Some extensive air
studies have been made.
The State of Missouri was officially authorized to assume
the NPDES program on October 30, 1974. The State has an aggressive
water pollution control program but is greatly understaffed in
comparison to its population and industrialization. Budgetary
limitations have caused a reduction in support for many programs.
Electrical energy needs are currently being met. Missouri
has a large supply of coal of high-sulfur content and this resource
will be available for electrical generating when stack scrubber
equipment is available in sufficient quantities to control sulfur
emissions.
A total of $9 billion was released to EPA for grants in FY-1976
and the Missouri share of this is $157.47 million. FY-1976 funds
are not subject to reallotment until September 30, 1977. About
$60 million of the FY-1976 funds have been obligated as of
December 1976.
PL 92-500 does not authorize grant funds beyond those now
allocated. An additional $7.1 million was made available to
Missouri under Title III of the Public Works Employment Act of
1976 (PL 94-447).
The following program summaries describe some of the major
activities in the State.
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PROGRAM GRANTS
The State Program Grants are administered by the Missouri
Department of Natural Resources (MDNR) for Air, Water Pollution
and Planning, Water Supply, and Solid Waste activities. Grant
authorities are PL 91-604, PL 92-500, PL 93-523, and PL 91-512,
respectively, and funds are awarded as a consolidated program
grant. Total funds for FY-1977 are $2,275,600.
Air:
State $316,000
Local
Kansas City 115,000
St. Louis 270,000
St. Louis County 250,000
Springfield. ......... 27,700
Total $978,700
Water Quality Planning:
State $881,400
Water Supply:
State $352,500
Solid Waste:
State. . . . „ $63,000
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WATER QUALITY
PLANNING
The MDNR has completed the Phase I river basin plans under
Section 303(e) of PL 92-500 and has recently been granted $1,013,000
of Section 208 funds for the Phase II process. There are three
designated areas for "Section 208" areawide planning in Missouri.
Areawide grants have been awarded to the Mid-America Regional Council
(Kansas City area), East-West Gateway Coordinating Council (St. Louis),
and Ozark Gateway Regional Planning Commission (Joplin). The grant
amounts are $1,400,000, $2,243,000, and $429,500, respectively.
CONSTRUCTION GRANTS
During FY-1976, including the Transition Quarter, 210 grant
awards were made in Missouri for a total of $104.2 million. There
are currently (December 1976) approximately 400 active projects
in the State involving $280 million in Federal grant funds.
The major metropolitan areas of St. Louis and Kansas City
will not meet the compliance date of July 1, 1977, for secondary
treatment because of the lack of adequate construction grant funds.
It has been necessary to phase these major projects along with the
Little Blue Valley Sewer District works in order to distribute
available allocations. 1985 is now being projected as a date when
final phases of construction may begin based on the promise of
approximately the same level of funding that we have had under
PL 92-500.
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WATER SUPPLY
The Public Water Supply Program is a function of the Division
of Environmental Quality (DEQ), MDNR. Any supply with more than a
single service connection is considered a public water supply.
Six and three-tenths man-years of professional personnel
effort and four man-years of support are expected in the Central
Office to provide direction to field activities and program
responsibilities as authorized.
Six Regional Offices are staffed with engineers who devote
time to the Water Supply Program through facility inspection,
technical assistance, and training programs.
Annual inspections of municipal water supplies are made by
the Central Office and Regional engineers. Operation and needs
of the water supplies are discussed in detailed reports which
contain recommendations.
The Water Supply Program personnel in Jefferson City review
all of the plans and specifications. Following this review, an
approval of plans is issued if the plans are satisfactory, a
permit to dispense water is issued by them. Plans and specifica-
tions are required for the development of any additional sources
of water or for any major improvements on existing systems.
The Bureau of Laboratory Services of the Division of Health
provides a chemical and bacteriological analytical service for
water supplies in the State. The main laboratory in Jefferson
City performs all the chemical analyses. The bacteriological
analyses are shared with branch laboratories in Poplar Bluff
and Springfield.
Within the provisions of the National Interim Primary
Drinking Water Regulations (40 CFR 141), the MDNR is required,
as a prerequisite to assumption of primary enforcement responsi-
bility (primacy) under the Safe Drinking Water Act, PL 93-523,
to seek and obtain "preliminary certification" of the Principal
State Laboratory by June 24, 1977. Under Missouri Department
of Natural Resources' contractural arrangments, this will be
the Bureau of Laboratory Services of the Division of Health.
The MDNR must, in turn, "approve" all other laboratories in the
State, from which the State accepts water supply analyses,
pursuant to the Safe Drinking Water Act, by this same June 24,
1977, deadline. The State Program which will be responsible for
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laboratory approval, and later certification of these laboratories
in the State, must be approved by the EPA Regional Office. Further,
the State Program must have available the required technical
expertise to approve/certify all chemical and microbiological
contaminants which must be monitored for, and analyzed for, under
the provisions of PL 93-523.
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WATER ENFORCEMENT
NPDES PERMIT PROGRAM
Since the State assumption of the NPDES permit program,
MDNR has been very active in takeover of EPA-issued permits
and issuance of previously unissued permits. Essentially, all
point sources are now permitted.
The permit program is conducted out of six state regional
offices which results in much more direct contact with the
permittee, both prior to and after permit issuance.
An EPA audit of one of the regional offices indicated that
non-compliance was dealt with on an informal basis, such as site
visits. We are stressing a more formal enforcement action to
achieve permit compliance.
EPA/State efforts are closely and cooperatively coordinated
with our role to provide technical assistance and program
guidance augmented by frequent visits to state offices.
Permit Issuance Summary
Issued Unissued
Major Municipal 79 1
Major Industrial 59 1
Minor Municipal 540 0
Minor Industrial 2,161 0
Agricultural 0 0
2,839 2
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AIR AND HAZARDOUS MATERIALS
AIR POLLUTION CONTROL
The primary NAAQS are exceeded in both the Kansas City and
St. Louis ACQRs for several pollutants. In Kansas City the
Total Suspended Particulate (TSP), CO, and Ox standards are
violated. In St. Louis the TSP, S02, CO, and Ox standards are
violated.
Violations of the TSP standard in Kansas City is thought to
be the result of re-entrainment of dust from city streets. The
EPA is funding a project to determine the feasibility of techniques
to control such re-entrainment. If these techniques prove to be
effective and socially acceptable, EPA will require that they be
used. Violations of CO and Ox in Kansas City will be reduced and
eliminated, as better controlled new cars replace old ones.
In St. Louis, the Missouri Air Conservation Commission is
committed to the development of strategies to reduce concentrations
of CO and Ox. These strategies will be developed on a cost-
effectiveness priority basis as solid data bases can be developed.
A regulation has been enacted to provide for gasoline vapor
recovery. Other strategies being developed include control of
dry cleaning and degreasing operations, and an inspection/
maintenance program to assure the in-use motor vehicles meet
the emission standards for which they are designed.
The major particulate and S02 problem in St. Louis is in a
small area on the southern city-county boundary. This area has
been designated as a "hot spot." As such, the State will develop
emission regulations for sources within the area which are more
restrictive than those for the remainder of the St. Louis area.
This should be completed during FY-1977.
Air quality maintenance analyses will be performed for TSP in
Kansas City and for TSP and S02 in St. Louis. In addition, the
State has been advised by EPA that they must revise their Regulation
S-X which provides for emissions limitations based on measured
ground-level pollutant concentrations. Various courts have ruled
that this type regulations is unacceptable. Also, due to a recent
Supreme Court decision, the State must either enforce the existing
S02 emission regulation in the St. Louis AQCR or develop an
alternative regulation as part of the SIP.
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The performance of this task will depend not only on the
attitude of the MDNR, which has improved considerably recently,
but on the availability of manpower. Currently the MDNR is
critically short on personnel.
SOLID WASTE MANAGEMENT
The State program consists of eight professional and three
clerical positions. District Office support adds an additional
2.5 man-years. The State headquarters budget for FY-1977 is
$243,351, including a $63,000 Federal solid waste management plan-
ning grant covering three quarters of FY-1977.
The MDNR, Solid Waste Management Program completed its State
Solid Waste Management Plan and obtained excellent legislation
(Senate Bill 387, 76 Missouri General Assembly). However, in 1975,
the Missouri Legislature severely weakened the collection and
planning requirements, which will result in a shift in program
emphasis. The major program problems are the lack of manpower to
implement the State legislation (due to inadequate salaries and
a lack of positions), and inadequate funding of the State program.
The main local problems are completion of solid waste management
plans required by State legislation for approval by the MDNR by
January 1, 1976. State financial and technical assistance to
implement these plans is lacking. At the end of FY-1976, 85 percent
of the State's population was served by permitted sites and
facilities and over 100 dumps remained to be closed.
The major statewide problems are the institution of a solid
waste processing and disposal permit system and the development
and passage of hazardous waste management legislation. A survey
of approximately 450 industries for industrial and hazardous
waste generation was conducted in 1975 and 1976 and the report
will be available early in 1977. The recommendations include
legislation developed by an open committee of nearly 100 persons
which was prefiled on December 1, 1976. In addition, the survey
identified numerous hazardous waste treatment and disposal firms
and spurred the development of the St. Louis Industrial Waste
Exchange, the Nation's first. The legislation will provide for
improved controls on generators, transporters, and treatment or
disposal operators handling hazardous waste.
In FY-1976 a resource recovery market report and a solid waste
collection cost survey were completed. They will be utilized to
provide technical assistance to local communities interested in
resource recovery or improving collection systems, respectively.
The FY-1977 work program calls for a rural resource recovery study,
a review of the MDNR surveillance and enforcement procedures and
maintenance of the surveys completed in FY-1976. The MDNR is also
M-8
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working with the Department of Administration to develop a paper
recycling program for State agencies. Strategies covering solid
and hazardous waste management programs and resource recovery
activities were completed in FY-1976 and will be incorporated into
the State Plan with the results of the surveys.
RADIATION
The Department of Social Services, Division of Health, is the
State radiation control agency.
There are a large number of radiation sources in Missouri.
The Nuclear Regulatory Commission has 300 radioactive materials
licenses and there are 24 radium sources. There are eight particle
accelerators, 3,400 medical x-ray machines, and 2,250 dental x-ray
machines. Nonionizing sources are also quite numerous. There are
341 broadcast transmitters, 1,408 microwave towers, and 48 fixed
radar installations. There are two research reactors in the State.
The Union Electric Company is constructing two 1100 megawatt
(electrical) nuclear power generating units on the Missouri River,
25 miles northeast of Jefferson City. This action has precipitated
a rather widespread action among the environmental groups of the
State. The steam supply will be a Standardized Nuclear Unit Power
Plant System (SNUPPS).
The Cooper Nuclear Station is being operated by the Nebraska
Public Power District on the Missouri River near Brownville,
Nebraska. The Missouri River is the state line at this location.
PESTICIDES
Missouri's revised pesticide law was enacted in the 1974
legislative session and signed May 14, 1974. This is considered
acceptable to function under the FIFRA.
EPA provides funding and technical support to the Missouri
Department of Agriculture's accident investigation program.
Additionally, EPA funds and provides support to the Department of
Agriculture to develop and conduct the certification program, and
funds and supports the State Cooperative Extension Service in
developing and conducting appropriate training for certification.
NOISE ABATEMENT AND CONTROL
The MDNR is the State noise control agency. Mutually, we
have worked on review of environmental impact statements and
complaint problems. There is a need for suitable State legis-
lation and resources for a more active noise control program.
M-9
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Major cities in Missouri that have been engaged in studies
of noise control ordinances in the past year are Kansas City,
Independence, St. Louis, and Springfield. St. Louis County has
enacted an ordinance and initiated a noise control program within
the past year. Some smaller cities of Missouri have expressed
the need for noise control, but want to rely on the State since
they do not have the resources or personnel and equipment which
would be required on a part-time basis for their city.
M-10
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INTERMEDIA PROGRAMS
SIGNIFICANT ENVIRONMENTAL IMPACT STATEMENTS
1. Locks and Dam #26 (Replacement), Mississippi River
EPA reviewed both the March 1976 draft EIS and the July 1976
final EIS for the proposed project. Our comment letter on the
draft EIS expressed environmental reservations with both project
specific and,,system impacts of the proposed action. In addition,
several inadequacies of the draft document were identified. Our
follow-up review of the final EIS indicated the Corps of Engineers
did not resolve the concerns addressed in our comment letter on
the draft EIS. Therefore, we reiterated our concerns with both
the project and the EIS via a letter to the Corps of Engineers.
We also expressed a desire to work with the Corps with the hope
of diminishing environmental impacts.
2. Brown Road Extension, St. Charles and St. Louis Counties
EPA reviewed the draft EIS for the proposed project. The
project and statement were rated "ER-2" (environmental reservations -
more information needed), respectively. Our reservations with the
project covered five subject areas: 1) wetlands, 2) flood impacts,
3) noise levels, 4) water quality, and 5) air quality. The final
EIS has not been submitted to our office for review at this time.
3- Rail-to-Barge Coal Transfer Facility. St. Louis
EPA reviewed the draft EIS for the proposed project. The
project and draft statement was rated "ER-2" (environmental
reservations - more information needed), respectively. Our concerns
were the potential air pollution and water quality impacts. The
final EIS has been reviewed and EPA had no comments on it.
4. Mississippi River and Tributaries. Mississippi River
Levees and Channel Improvement. Cairo, Illinois, to head of
Passes. Louisiana
EPA considered the final EIS to be unresponsive to our comments
on the draft EIS and, in addition, we had severe environmental
reservations with the proposed actions. EPA's continued reservations
focused on the cumulative impacts of the project, water quality
degradation, loss of valuable riverine habitat, dredge soil disposal,
M-ll
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and decreased flood carrying capacity. EPA recommended that a
multi-use management plan be developed for the lower Mississippi
River which would balance flood control and navigation operations
with environmental needs.
5* Lower Meramec River Basin Wastewater Treatment Facilities
EPA is currently involved in the preparation of an EIS for the
development of wastewater treatment facilities in the lower Meramec
River Basin. The actual preparation is being done by Ryckman,
Edgerly, Tomlinson and Associates of St. Louis through a contract
with the Metropolitan Sewer District of St. Louis. The contract
is funded by an EPA Step 1 grant and the EIS will serve as EPA's
official EIS on the project.
FEDERAL ACTIVITIES
There are approximately 85 Federal facilities in the State of
Missouri. The EPA has issued 63 NPDES permits to those facilities
which have discharges to receiving waters. Major emphasis is now
being placed on assuring compliance with these permits.
Fort Leonard Wood, Missouri, has begun construction on the new
Tertiary Sewage Treatment Plant and is expected to be complete
before 1980. The new plant will result in a reduction in pollutants
being discharged to the Big Piney River.
Missouri has five Federal facilities considered to be major air
sources. Three of these facilities are now in compliance with
applicable air regulations, while the other two facilities have
signed Consent Declarations to correct their problem areas.
LAKE RESTORATION GRANTS
Considerable Missouri interest has developed in this program
recently. MDNR has an ad hoc committee and Mr. Ron Kucera,
Division of Planning and Policy Development, has been quite active
in assistance promotion and development of applications. We had
one meeting with the ad hoc committee in Jefferson City in
January 1977. There are three grant applications in process for
funds authorized under Section 314(b) of the Federal Water
Pollution Control Act (PL 92-500).
1. Fingers Lake, a MDNR $808000 application to develop one
large lake (42 acres) from 12 small lakes in an abandoned strip
mine area near Columbia.
M-12
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2. Lewis-Clark State Park, $1,900,000 MDNR application to
dredge a 300 acre lake near St. Joseph.
3. Vandalia, an application for funds to dredge their
municipal water supply lake.
Federal revenue sharing funds and HUD block grant funds may
be used to match this program grant.
MANPOWER AND TRAINING
Missouri has a need for a systematic coordinated delivery
system for operator training including:
1. Coordinating between water and wastewater and other
programs of MDNR for training,
2. Expand on efforts to develop and use interagency resources
from education and CETA. Environmental training should become an
established entity in these programs, and
3. Several schools have some elements of operator training.
Coordination is needed to assure that these meet needs, but do not
develop into duplication which would inhibit development. The
109(b) state training center to be constructed at the Water and
Wastewater Technical School needs to be integrated into state
coordination of operator training.
The State has initiated many good actions, but has not put
them together into an overall continuing program.
M-13
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NEBRASKA APPENDIX INDEX
Page
General N-l
Program Grants N-2
Water Quality:
Planning N-3
Construction Grants N-3
Water Supply Program N-4
Water Enforcement (Permits) N-5
Air and Hazardous Materials:
Air Quality N-6
Solid Waste Management . , N-6
Radiation N-7
Pesticides N-8
Noise Abatement and Control N-8
Intermedia Programs:
Significant Environmental Impact Statements. . . . N-10
Federal Activities N-ll
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GENERAL
The Department of Environmental Control (DEC) was established
by the 1971 Legislature and became fully effective July 1, 1971.
This Department has three major divisions: water pollution control,
solid waste control, and air pollution control.
Feedlot pollution and irrigation return flows are the major
pollution problems in the State. The State is doing an excellent
job on feedlot pollution control.
A Level "B" Study, under the Water Resource Control Act, has
been completed for the Platte River Basin. This work was under
the administration of the Missouri River Basin Commission. The
study developed a land and water resources management plan for
the Basin.
The State of Nebraska was officially authorized to assume
the NPDES program on June 12, 1974.
The electrical energy needs are currently being met. The
State has two nuclear power plants.
A total of $9 billion was released to EPA for grants in
FY-1976 and the Nebraska share of this i's $38.54 million. FY-1976
funds are not subject to reallotment until September 30, 1977.
About $27 million of the FY-1976 funds have been obligated as of
March 1, 1977.
PL 92-500 does not authorize grant funds beyond those now
allocated. An additional $3.7 million was made available to the
State under Title III of the Public Works Employment Act of 1976
(PL 94-447).
The following program summaries describe some of the major
activities in the State.
N-l
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PROGRAM GRANTS
State Program Grants are administered by the Nebraska DEC
for Air, Water Pollution, and Solid Waste under a consolidated
program grant for authorities of PL 91-604, PL 92-500, and
PL 91-512, respectively. Water Quality Planning funds are
administered by the Nebraska Natural Resources Commission.
Water Supply funds are administered by the Nebraska Department
of Health. FY-1977 grants to the State are:
Air $358,626
Solid Waste $17,456
Water Quality Planning , . $575,000
Water Supply $200,700
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WATER QUALITY
PLANNING
The Nebraska Natural Resources Commission has completed the
Phase I river basin plans under Section 303(e) of PL 92-500 and
has recently been awarded $887,000 of Section 208 funds for the
Phase II process.
There are presently no "designated" areas for water quality
management in Nebraska although the Omaha-Council Bluffs area is
seeking designation by the Governor,
CONSTRUCTION GRANTS
During FY-1976, including the Transition Quarter, 141 grant
awards were made in Nebraska with a total obligation of $24.0
million. For the first five months of FY-77, 26 grant awards were
made in Nebraska for a net obligation of $9.0 million. There are
currently (March 1977) 260 active grants in the State representing
a Federal obligation of over $79 million.
Nebraska currently (March 1, 1977) has $11.6 of FY-76 funds
available for obligation prior to October 1, 1977. In additions
Nebraska received $3.7 million under Title III of the Public Works
Employment Act of 1976.
Past and projected future funding levels for the program have
required phasing of construction of treatment facilities for the
Omaha Metropolitan area including the Papillion Creek Basin. The
Missouri River Plant Project, located in the southeast of Omaha,
will involve an expenditure of over $40 million in addition to the
$7 million EPA grant awarded on February 3, 1977, for the construction
of secondary treatment facilities. The Omaha Papillion Creek Plant
project consisting of only primary treatment facilities will be
completed by June 1977, under an EPA grant of $26.3 million. It will
require an additional Federal grant of over $30 million to complete
secondary treatment facilities.
The Lincoln and Grand Island projects (second and third largest
cities in Nebraska) currently with Step 2 grants will need additional
Federal assistance of $9.4 and $5.7 million, respectively, for
construction.
If funding is continued at a level near that originally
authorized in PL 92-500, completion of facilities in Omaha area
will not be realized until the mid 1980's.
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WATER SUPPLY PROGRAM
The Water Supply Program is administered by a section of the
State Health Department. During 1976, the Legislature passed the
Nebraska Safe Drinking Water Regulations, Legislative Bill 821, and
have proposed regulations to supplement the statutes. Nebraska will
make a formal application for primary enforcement responsibility.
Within the provisions of the National Interim Primary Drinking
Water Regulations (40 CFR 141), the Nebraska Department of Health
is required, as a prerequisite to assumption of primary enforcement
responsibility (primacy) under the Safe Drinking Water Act (PL 93-523),
to seek and obtain "preliminary certification" of the Principal State
Laboratory by June 24, 1977. The State Health Department must, in
turn, "approve" all other laboratories in the State, from which the
State accepts water supply analyses, pursuant to the Safe Drinking
Water Act, by this same June 24, 1977, deadline. The State Program
which will be responsible for laboratory approval, and later
certification of these laboratories in the State, must be approved
by the EPA Regional Office. Further, the State Program must have
available the required technical expertise to approve/certify all
chemical and microbiological contaminants which must be monitored
for, and analyzed for, under the provisions of PL 93-523.
Laboratory service is available on the State level and it is
presently being upgraded to provide analysis for all contaminants
in the Interim Primary Drinking Water Regulations. The state
laboratory is being surveyed by EPA to determine its status toward
certification.
The Water Supply Program professional staff has been increased
and additional field offices are being established to provide better
surveillance and technical assistance to the supplies.
Ground water is the source for all but three public water
supplies and each community is usually served by several wells with
no treatment. There are areas of high nitrate exceeding the MCL in
the Interim Primary Drinking Water Regulations. Microbiological
limits have been frequently violated in the past.
The Water Supply Program personnel conduct training programs
in the field for community water system operators. This training
aids the operator in becoming certified under the Nebraska Voluntary
Operator Certification Program (sponsored by the Nebraska Section
of the American Water Works Association in cooperation with the State
Health Department and the Civil Engineering Department at the
University of Nebraska).
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WATER ENFORCEMENT
NPDES PERMIT PROGRAM
Since the State assumption of the NPDES permit program, they
have taken over all previously EPA-issued permits. Essentially,
all point sources have been permitted.
On November 8 and 9, 1976, an EPA audit team conducted a
program evaluation which revealed the State was doing a satisfactory
job. The only criticism was that they use formal enforcement action
only as a last resort, relying on informal site visits or other
communications to achieve compliance.
Program personnel are very cooperative and regional technical
assistance and program guidance is provided.
Unissued
0
0
0
0
0
Permi t
Major Municipal
Major Industrial
Minor Municipal
Minor Industrial
Agricultural
Issuance Summary
Issued
40
30
362
229
462
1,123
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AIR AND HAZARDOUS MATERIALS
AIR QUALITY
The Department of Environmental Control (DEC) analyzed the
Standard Metropolitan Statistical Areas and found that the existing
SIP, plus Federal New Source Performance Standards and automotive
emission standards are adequate to maintain NAAQS through 1985. A
review of the analysis and updated air quality data showed there is
a potential for violating NAAQS for particulate matter.
The DEC submitted information which suggests that in many areas
of the State, violations of the particulate standard is in part due
to wind-blown dust. The call for an SIP revision did not require a
control strategy for fugitive dust, since the* cost-effectiveness of
such a strategy is uncertain,
The DEC adopted regulations for prevention of significant
deterioration and requested delegation of authority. This request
has been reviewed and some apparent legal inconsistencies have been
found. The request will be reconsidered, when a response is provided
by the State. Responsibility for NSPS regulations has been delegated.
As EPA promulgates (or revises) NSPS regulations, the State updates
its requirements.
Air quality data for 1975 show four monitoring sites violating
primary ambient air quality standards for particulates and six
violating the secondary standard for particulates in Douglas and
Sarpy Counties. Thus, 10 of 12 monitoring sites in the Omaha area
violated particulate standards in 1975.
The DEC experiences a high employee turn-over rate which
appears largely due to salary levels. As new employees gain
experience, they are lured away by public and private organizations
at higher salaries.
SOLID WASTE MANAGEMENT
The State program consists of six professional and one
clerical position. The State budget for FY-1977 is approximately
$131,837 including $17,456 from a Federal solid waste management
planning grant covering three quarters of the year.
The DEC, Solid Waste Division, completed the State Solid Waste
Management Plan in January 1974 and the Governor adopted it as the
official State plan. The plan documents State and local problems
including the need for new State legislation requiring local solid
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waste management plan<*s permits for solid waste processing and
disposal facilities, and the need for increased state manpower
and funding for local technical assistance, plan review, and
enforcement.
The major problems are lack of effective legislation and lack
of problem recognition by State administrators and legislators.
The existing solid waste permit program has obtained adequate
facilities to serve only 55 percent of the State's population.
Present legislation is contained in Section 81-1501 through
81-1522, Revised Statutes Supplement, 1971, as amended. Proposed
legislation was introduced during FY-1975; however, the Unicameral
postponed action on the bill for two years.
In FY-1976 the DEC completed a local planning effort which
included development of a model plan and planning documents in
a two-county area in order to demonstrate the feasibility to
the legislature. The hazardous waste efforts included a survey
of generators, evaluation of State control methods, and development
of a long-range State strategy. The survey report should be
available early in 1977 and documents the need for additional
regulations covering hazardous waste generators, transporters, and
site or facility operators, Implementation of this program is a
major output for FY-1977.
The State also completed solid and hazardous waste management
and resource recovery strategies to guide future program efforts.
In FY-1977 the Department will maintain the strategies and incor-
porate them into the State solid waste management plan. Reviews
of the State regulations and guidelines, surveys of disposal sites
and resource recovery markets, and development of pesticide and
pesticide container disposal guidelines will be conducted and
added to the plan update.
Keep Omaha Beautiful operates a paper recycling program with
some success. Junked cars are being recycled more readily in
connection with a new steel mill in Norfolk. The DEC anticipates
working with the major population areas to pronote increased
resource recovery programs.
RADIATION
The Nebraska Department of Health is the State radiation
control agency.
The State has issued some 90 radioactive materials licenses
under a Nuclear Regulatory Commission agreement.
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The Nuclear Regulatory Commission has five licenses and there
are 25 radium sources. There are six particle accelerators, 950
medical x-ray machines, and 925 dental x-ray machines. Sources of
nonionizing radiation are 234 broadcast transmitters, 1,084 micro-
wave towers, and 30 fixed radar installations.
There are no radioactive disposal sites in the State.
The Fort Calhoun Station, built by the Omaha Public Power
District, is in operation near Omaha. The Cooper Nuclear Station,
built by the Nebraska Public Power District, is in operation near
Brownville.
PESTICIDES
The Department of Agriculture has been designated by the
Governor as having primary responsibility.
Cooperative Relationship - EPA/USDA. There exists an excellent
working relationship between the agency and the University of
Nebraska Extension Service group. EPA funds the certification
training program and continually updates the training effort
to reflect current EPA policy. EPA also provides training
materials and approves training program. Farmer training has
already begun which will qualify participants to be certified when
the State plan is approved.
EPA annually cooperates with the Nebraska Division of
Aeronautics and the Nebraska Aerial Applicators Association at
their February convention to apprise them of the current legal
status of the industry under the FEPCA.
The State currently operates unde? che Nebraska Economic
Poisons and Devices Law and amendment LB ?32. This amendment is,
in part, in direct conflict with the applicator certification
requirements of FIFRA. In spite of this difficulty, the Department
of Agriculture, with aid from EPA, is developing a State plan for
the certification of pesticide applicators contingent upon passage
of new enabling legislation.
NOISE ABATEMENT AND CONTROL
The Nebraska Department of Environmental Control is the State
noise control agency. Mutually, we have worked on review of
environmental impact statements, complaint problems, and measuring
techniques. Nebraska is in the process of enforcing noise control
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legislation for motor vehicles with a gross weight of 10,000 pounds
or more. There is a need for additional legislation and resources
to improve their noise program.
Major communities in Nebraska that have noise control programs
are Lincoln and Omaha.
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INTERMEDIA PROGRAMS
SIGNIFICANT ENVIRONMENTAL IMPACT STATEMENTS
1- Gerald Gentleman Power Station, Nebraska
EPA reviewed both the draft and final EISs for the project
which was being constructed at the time the EISs were being
developed. The draft EIS was rated "3" (inadequate) since it
did not provide adequate information on the air quality, water
quality, biological and solid waste impacts of the project. Our
concerns were not adequately responded to in the final EIS;
therefore, the final document was rated "unresponsive final."
Following review of the final EIS, EPA submitted a letter to the
FPC administrative law judge protesting the manner in which FPC
discharged its responsibilities under NEPA. In addition, EPA
requested this disregard for the provisions of NEPA be evaluated
prior to licensing of the project.
2. P.P.P.P. Nebraska City Power Station Unit 1 - Nebraska
City ' ' "-- ' ' ~ ~™~
The draft statement was rated inadequate with a project
determination of environmental reservations. The reservations
and inadequacies dealt primarily with the statement's presentation
of trace element impacts from the use of low sulfur western coal.
The final statement was rated adequate due to additional information
made available during the final preparation.
3. Missouri River Bank Stabilization and Navigation Project
EPA had environmental reservations vn':h the project because
of the continued project related losses to riverine and riparian
habitat with a corresponding reduction in fish and wildlife
resources, degraded water quality, and reduced flood carrying
capacity of the Missouri River, In addition we expressed concern
with the additive impacts the continuance of the project will have
on other portions of the inland waterways system. EPA rated the
EIS "inadequate" because it did not adequately assess significant
environmental impacts of the ongoing program nor did it adequately
assess the need to continue and complete the existing system. We
were also concerned the EIS did not include a comparative environ-
mental, economic, and resource evaluation of reasonable project
alternatives.
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4, Scpjtsbjjuffjtetejj^
A contract for preparation of an EIS on proposed land
application of wastewater from Scottsbluffs Nebraska,, was let to
WAPQRA, Inc. in late September 1976. The EIS 1s being prepared
because of the possibility of significant environmental effects
from contaminated runoff and ground water, and controversies
regarding the proposed treatment method and sites. The proposed
system would utilize the existing lagoon facility for treatment
and storage of effluent,, with conversion of the first cell into an
aerated cell, and provide for construction of a new lift station
and force main to transport the westewater to two new storage ponds,
One significant alternative to be considered Is regionalization of
wastewater treatment with either Gering or Terrytown, or both.
The EIS is scheduled for completion late in 1977.
FEDERAL ACTIVITIES
There are approximately 60 Federal facilities in the State of
Nebraska, The EPA has issued six NPDES permits. Most of the
Federal facilities do not have a discharge to the receiving waters;
thus-s there is no need for an NPDES permit.
Offutt Air Force Base in Omahas Nebraska, has eliminated their
discharges to Papillion Creek by connecting to the Papillion Creek
Interceptor. They plan to keep treating their waste discharges
until completion of the Papillion Creek Primary Sewage Treatment
Plant which is expected to be operational by April 1977.
Nebraska has one active Federal facility, Offutt Air Force Base,
considered to be a major air source. A Consent Declaration was
signed between EPA and Offutt Air Force Base. This agreement was
met by June 1976, and this facility is in compliance with applicable
air regulations.
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BIBLIOGRAPHIC DATA
SHEET
1. Report No.
EPA-907/9-77-002
3. Recipient's Accession No.
4. Title and Subtitle
State Environmental Programs: A Compendium of Federal and
State Programs Prepared for the Congressional Delegation
5. Report Date
1977
6.
7. Author(s)
Regional Office Staff
8- Performing Organization Kept.
No.
9. Performing Organization Name and Address
Environmental Protection Agency, Region VII
1735 Baltimore
Kansas City, Missouri 64108
10. Project/Task/Work Unit No.
11. Contract/Grant No.
12. Sponsoring Organization Name and Address
Environmental Protection Agency, Region VII
1735 Baltimore
Kansas City, Missouri 64108
13. Type of Report & Period
Covered
FY 1977
14.
15. Supplementary Notes
16. Abstracts
This booklet contains information on each of the programs currently administered by
Region VII, U.S. Environmental Protection Agency. It is intended to supplement the
information provided in response to letters and during telephone conversations
regarding environmental matters in the states of the region.
17. Key Words and Document Analysis. 17o. Descriptors
Air pollution abatement,
Water pollution abatement,
Regional planning,
Projects,
Environmental surveys,
Environmental impacts,
Protection,
Organizations,
Objectives,
Environmental Impact Statements,
17b. Identifiers/Open-Ended Terms
Central Plains Region
(United States)
17c. COSATI Field/Group
Legislative authority,
State government,
Grants,
Construction,
Toxic substances,
Pesticides,
Solid waste management,
Drinking water,
Radiation,
Noise pollution,
Law enforcement,
Technology,
Manpower,
Specialized training,
Research and development,
Iowa,
Kansas,
Missouri,
Nebraska.
18. Availability Statement
National Technical Information Service
Springfield, Virginia 22161
19. Security Class (This
Report)
UNCLASSIFIED
20. Security Class (This
Page
UNCLASSIFIED
21. No. of Pages
94p
22. Price
FORM NTIS-35 (REV. 3-72)
THIS FORM MAY BE REPRODUCED
N-
USCOMM-DC 14952-P72
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