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O
U.S. ENVIRONMENTAL PROTECTION AGENCY
QUARTERLY PROGRESS REPORT
FY 1993 - THIRD QUARTER
PREFACE
The Quarterly Progress Report reviews Agency progress in meeting priority
program commitments. The report is a major component of EPA's strategic
planning, budgeting, and accountability systems. As part of EPA's centralized
management system, the report helps to inform the Agency's strategic choices
by providing information on current strategies and performance.
Each quarter, the Agency publishes the report using information from
Headquarters programs, regional offices, and state agencies. The primary
source of data for this report is the Deputy Administrator's Strategic Targeted
Activities for Results System. STARS is designed to track the most important
of a program's activities. To the degree that the measures indicate progress
within program priority areas, STARS provides the feedback necessary to
determine what and how well a program is doing toward achieving the goals
and objectives set forth under the auspices of a program's mission.
The Office of Strategic Planning and Environmental Data is responsible for
program sections within the Quarterly Progress Report. The Office of
Compliance Analysis and Program Operations is responsible for the Report's
enforcement sections.
We gratefully acknowledge the assistance and cooperation of the many people
through the Agency's management network who make the timely production
or this report possible.
U.S. Envlrr ' ' Protection Agency
Region 5,Lit;,., .,-'L-12J)
77 West Jadcop. Boulevard; 12th Floor
Chicago, it fc0604-3590
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U.S. Environmental Protection Agency
Quarterly Progress Report
Third Quarter FY 1993 Report
TABLE OF CONTENTS
FY 1993 Third Quarter Progress Report
Program Highlights i
Office of Air and Radiation 1
Office of Prevention, Pesticides, and Toxic Substances 11
Office of Solid Waste and Emergency Response 13
Office of Water 31
Office of Enforcement 41
Office of General Counsel 45
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FY 1993 THIRD QUARTER PROGRESS REPORT
PROGRAM HIGHLIGHTS
OFFICE OF Am AND RADIATION
• Four states lack adequate authority to implement the enhanced inspection and maintenance
programs.
• State submittals of regulations to implement operating permit programs are due November
15, 1993. As of third quarter, regional offices estimate that 16 states may have late
submittals and an additional 12 may have incomplete packages.
• The proposed rule on safe alternatives to ozone depleting substances was signed by the
Administrator during third quarter. Also, the Notice of Proposed Rulemaking for the
Significant New Alternatives Policy was published in the Federal Register on May 12.
OFFICE OF PREVENTION, PESTICIDES, AND TOXIC SUBSTANCES
• At the end of third quarter, OPPTS reports that regions and states are collectively on or
ahead of schedule for meeting fourth quarter commitments in all inspection categories.
To date in FY 1993, OPPTS has issued 5 REDs against a target of 11; however, the Office
believes that its annual target of 20 will be met by completing 15 REDs during fourth
quarter.
OFFICE OF SOLID WASTE AND EMERGENCY RESPONSE
• As of June 30, cleanup construction was completed for 172 sites on the National Priority
List Regions estimate meeting or exceeding the end of year goal of 200 sites.
OFFICE OF WATER
• For Wetlands, regions completed nineteen additional major public education/outreach
initiatives, five comprehensive management and planning initiatives, and four
geographically-targeted initiatives.
• All states have adopted the SDWA regulations for Volatile Organic Compounds, Public
Notice,and Total Coliform, and Surface Water Treatment Rule.
• NPDES enforcement outputs are slightly lower than this time last year, but the compliance
rate for major industrial and municipal facilities is similar to last quarter and to one year
ago. Regions IX and X will need to greatly accelerate inspections during the last quarter to
make their target
• Regions reported that over 25,000 EPA Direct Implementation UIC wells plus state
primacy wells have been tested, exceeding the target of 20,581 wells.
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FY 1993 Third Quarter Progress Report OAR
OFFICE OF AIR AND RADIATION
INTRODUCTION
OAR's mission is to protect human health and the environment from airborne pollutants and radiation.
Air and radiation programs address many of the highest risk environmental problems faced by EPA, as
ranked in the Science Advisory Board report, Reducing Risk: Setting Priorities and Strategies for
Environmental Protection.
Within OAR, an annual memoranda of agreement (MOA) process between each of the ten regional
offices and the headquarters program office establishes the regional intentions and commitments for the
year in light of the OAR program-specific guidance. The regional offices report quarterly on
commitments in the MOAs to a data system called the Memoranda of Agreement Reporting System.
OAR's highest priority for FY 1993 is continuing the implementation of the Clean Air Act
Amendments of 1990 (CAAA). The most important environmental goals are to attain healthy air in all
cities, cut toxic air emissions by 75%, reduce sulfur dioxide emissions by 10 million tons, phase out
chlorofluorocarbons by 1995, and reduce public expose to indoor air pollutants.
OZONE and CARBON MONOXIDE
EPA establishes standards for criteria air pollutants at a level considered adequate to protect human
health. The CAAA seeks to achieve and maintain NAAQS in most nonattainment areas by 2011 and to
achieve substantial near-term reductions in criteria pollutants and precursors by 2001.
Of the six criteria air pollutants, the problems of ozone (and its precursors, volatile organic compounds
(VOCs) and nitrogen oxides (NOX)) and carbon monoxide have been the most pervasive. Both
pollutants are human health threats. The amendments call for attainment by controlling both mobile
and stationary pollutant sources.
Mobile Sources
Pollution from cars and trucks and other mobile sources is one of the largest single sources of ozone
and carbon monoxide pollution. In most urban areas, mobile sources contribute over 90% of the
carbon monoxide pollution. Two important efforts underway in FY 1993 are the enhanced inspection
and maintenance and the oxygenated fuels programs.
Enhanced Inspection and Maintenance
The implementation of the enhanced Inspection and Maintenance program requires 23 states to adopt
enabling legislation by November 15, 1993. (See table one.) Four more states (New Hampshire,
Vermont, Colorado and Nevada) adopted legislation third quarter, bringing the total number of states
with necessary legislation to 19. In Vermont, however, the legislature provided only temporary
authority which is unacceptable for SIP approval. Delaware, Illinois and Indiana still have to provide
funding for their I/M programs. Massachusetts, Rhode Island, New Jersey and California are still
lacking authorizing legislation. Legislation will not be introduced in Massachusetts before September.
EPA may initiate a 30-day consultation with the Federal Highway Administration to start the sanctions
process in the cases of California and Indiana. Unless current problems are reconciled soon, such
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OAR
FY 1993 Third Quarter Progress Report
action may follow in Massachusetts and Delaware.
SIP submittals have been received from all but three states. By November 15, 1993 another set of
SIPs, with rules and regulations, is required.
TABLE 1: STATUS OF ENHANCED I/M IMPLEMENTATION
REGION
1
II
III
IV
V
VI
VIII
IX
X
STATE
Connecticut
New Hampshire
Massachusetts
Maine
Rhode Island
Vermont
New Jersey
New York
D.C.
Delaware
Maryland
Pennsylvania
Virginia
Georgia
Illinois
Indiana
Wisconsin
Louisiana
Texas
Colorado
California
Nevada
Washington
LEGISLATION
ADOPTED
Y
Y
N
Y
N
Y
N
Y
Y
Y
Y
Y
Y
Y
Y
Y
Y
Y
Y
Y
N
Y
Y
SIP STATUS
1992 PLANS
Submitted
Submitted
Submitted
Submitted
Submitted
Not Submitted
Submitted
Not Submitted
Submitted
Submitted
Submitted
Submitted
Submitted
Submitted
Submitted
Submitted
Submitted
Submitted
Submitted
Submitted
Submitted
Not Submitted
Submitted
Oxygenated Fuels
The Clean Air Act established a November 1,1992 deadline for the start up of the oxygenated fuels
program. Preliminary data show that the program, implemented for 36 of the required 39 cities, has
helped reduce carbon monoxide exceedances this past November, December, and January. This past
winter there were two reported exceedances, while the previous year there were 43 exceedances for the
same period.
In Fairbanks, Alaska citizen complaints about acute health effects (e.g. headaches, nausea, and
dizziness) from the oxygenated fuels program led to its suspension in December. OAR is working
with the Office of Research and Development and the Centers for Disease Control to review the health
effects of the oxygenate used in Alaska, and expects that health concerns can be resolved before next
winter.
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FY 1993 Third Quarter Progress Report OAR
Stationary Sources
Ozone 15% Reduction Plans
States in ozone nonattainment areas classified moderate or above 1 must submit a plan by November
15, 1993 to provide for VOC reductions of at least 15% over a six-year period. Most regions report
active involvement in providing technical and policy guidance to states, yet no states have complete,
approved plans in place to date. States are reporting difficulty finding sufficient control measures to
meet the 15% requirement
Volatile Organic Compounds Rule Corrections
VOCs are precursors of ozone, and stationary sources of VOCs emit 50% of the national inventory.
To control VOC emissions, the Clean Air Act requires existing sources to use reasonably available
control technology, or RACT. The rules were due from the states on May 15,1991. To date, 98% of
the rules have been submitted nationwide, up from 93% second quarter. In Region V, Michigan's rule
corrections were found complete, stopping the sanctions process. The San Bernardino, California
nonattainment area had seven rules missing — thus the universe of rules required in Region IX is up
third quarter.
VOC RACT Rules in Nonattainment Areas
States with newly designated ozone nonattainment areas were required to adopt RACT for all current
control techniques guidelines categories and for all major VOC sources by November 15, 1992.
Although the universe of total number of rules required is not known, rules are needed from 22 states.
As of third quarter, fourteen states had submitted rules for regional office review. Region m approved
rules in Pennsylvania. Eight states still need to submit: Vermont, North Carolina, Indiana, Michigan,
Illinois, Wisconsin, Texas and California.
Nitrogen Oxides RACT
Controls apply to all areas with "moderate or greater" ozone nonattainment classification and to all
areas in the ozone transport region* by November 1992. To date, five states have failed to submit
rules: Maine, Vermont, Massachusetts, Rhode Island, and Ohio. States with satisfactory submittals
are Delaware, Virginia, Florida, Georgia, Illinois, Indiana, Michigan and Wisconsin.
As of third quarter, Connecticut, D.C., Delaware (partially), Maryland, Pennsylvania, Virginia, West
Virginia, North Carolina, Texas, Louisiana, New York and New Jersey have proposed rules
undergoing regional review. All states that failed to submit a rule or a commitment to rule received
findings letters by third quarter. The NOx RACT program is in a committal SIP stage and will require
significant work on the part of the States to make these rules effective. Regions VTJJ, DC and X did not
report on this activity second or third quarter.
1 The CAAA classifies areas with similar pollution levels. The purpose is to match pollution
control requirements with the severity of an area's air quality problem. For ozone, there are five
classes: marginal, moderate, serious, severe, and extreme.
2 The ozone transport region includes: D.C., Connecticut, Delaware, Maine, Maryland,
Massachusetts, New Hampshire, New Jersey, New York, Pennsylvania, Rhode Island, and Vermont.
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OAR FY 1993 Third Quarter Progress Report
Emissions Inventories for Ozone and Carbon Monoxide
As of this quarter all of the nonattainment areas except Ohio and Utah have submitted final inventories
to the regional offices for review. Many states are correcting deficiencies identified by the regions and
will submit revised inventories through fourth quarter. The due date for revisions is November 15,
1993. To date, none of the state inventories has been approved. OAQPS reports that States are not
entering inventory data into the database in a timely manner, despite contractor support. This may
delay regional approval of submittals.
AIR TOXICS
Toxic air pollutants pose especially serious health threats, causing an estimated 1,600 to 3,000 cancer
cases each year and a multitude of non-cancer illnesses. The goal of the program is to reduce these
excess cancer deaths and other non-cancer effects. There are three basic sources of toxic air pollutants:
large industrial facilities, motor vehicles, and small "area" sources.
To address risks of toxic substance emissions from large industrial facilities, OAR will focus on
maximum achievable control technology (MACT) standards development Under the CAAA, standards
addressing 25% of listed source categories must be promulgated by November 1994.
The early reductions program strategy encourages facility operators to reduce emissions before MACT
standards are in place. Currently submittals to the early reductions program number 91; of these, 43
are being reviewed for completeness and 23 for technical determinations. Twenty-two have been
withdrawn. Two submittals were approved third quarter. As agreed, regional offices have done less
outreach third quarter and more review of submittals.
ACID RAIN REDUCTION
OAR's strategic objective in the acid rain program, as defined by the CAAA, is to achieve a permanent
10 million ton per year reduction in sulfur dioxide (SO2> emissions and a 2 million ton per year
reduction in NOX emissions, both by the year 2000. In so doing, the program will facilitate active
trading of sulfur dioxide allowances in order to minimize compliance costs and maximize economic
efficiency.
The emissions of SO2 and NOX react in the atmosphere to form sulfates and nitrates and eventually, in
the presence of rain, sulfuric and nitric acids, hence "acid rain." Acid rain causes serious health effects
and ecological and economic damage.
The proposed Opt-In rule was sent to OMB on June 30, establishing a program allowing non-affected
sources of SO2 to voluntarily participate in the Acid Rain Allowance Trading Program.
To reduce SO2 there is a two phase reduction program. Phase I affects high-emitting coal fired utility
plants, and goes into effect in 1995. By the February 15 deadline, all 110 of the utilities affected in
Phase I had submitted their Phase I permit applications. Third quarter, the first set of draft permits for
37 sources in 12 states was published by the Acid Rain Division.
Phase n affects smaller low-emitting utility plants, and is effective in 2000. The final Phase n
Allowance Allocations rule was published in the Federal Register on March 23. EPA sponsored the
first sulfur dioxide allowance auction at the Chicago Board of Trade on March 29. As of May 25, $16
million of the $21 million total proceeds had been disbursed to 317 utility plants.
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FY 1993 Third Quarter Progress Report OAR
Guidance packages to supply states the necessary information to construct and submit State Acid Rain
Programs for approval under Title V were distributed third quarter. If a state is unable to submit a
complete acid rain program by the November 15,1993 deadline, it may submit missing portions by
January 1, 1995.
STATE AND LOCAL OPERATING PERMIT PROGRAMS
State operating permits integrate and enhance the effectiveness of the acid rain, NAAQS attainment,
and air toxics programs. States are required to submit programs to regulate implementation of new
enabling legislation and related fee regulations by November 15,1993. As of third quarter, regional
reports estimate that 16 states may have late submittals and an additional 12 states may submit on time
but with incomplete packages. Sanctions may be applied under § 110(m) of the Clean Air Act.
STRATOSPHERIC OZONE PROTECTION
The goal of the stratospheric ozone protection program is to reduce skin cancer deaths associated with
ozone depletion. The strategic objective for achieving this goal is to lower cumulative chlorine and
bromine concentrations in the stratosphere to less than two parts per billion by the year 2015.
Current activities are designed to facilitate the transition away from ozone-depleting chemicals. In FY
1993 four final rules will be published:
• banning nonessential consumer products containing CFCs and HCFCs
• labeling consumer products using ozone depleting chemicals
• recycling and disposing ozone depleting substances
• encouraging development of safe alternatives.
As of the third quarter, the status on these rules is:
• Nonessential uses for CFCs final rule was issued January 15.
• The proposed HCFC (Class U substances) nonessential uses rule was due in June. The final
rule is due in the fall.
• The final rule establishing labeling requirements was published in the Federal Register on
February 11.
• A final rule on recycling during servicing of stationary sources (e.g. chillers, refrigerators, etc.)
was signed by the Administrator on April 22.
• The proposed rule on safe alternatives was also signed by the Administrator on April 22. The
Notice of Proposed Rulemaking for the Significant New Alternatives Policy (SNAP) was
published in the Federal Register on May 12.
Two rules were published last year: one to complete phaseout of production and consumption of Class
I substances by 2000 and one on recycling during servicing of motor vehicle air conditioners. Class I
substances, including CFCs, halons and methylene chloride, are the most potent ozone depleters. All
six rules are designed to meet or exceed the revised Montreal Protocol.
GLOBAL WARMING PREVENTION
OAR's strategic goal for global climate change is to avoid or reduce potential increases in global
warming. To support this goal OAR is directing activities toward stabilizing methane concentrations in
the earth's atmosphere by the year 2005 and promoting voluntary energy conservation.
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OAR FY 1993 Third Quarter Progress Report
Methane Reduction
The dominant strategy for methane reduction is to identify and promote, within the U.S. and
internationally, profitable options for reducing methane emissions from major anthropogenic sources.
Activities include: removing institutional barriers to methane reduction; identifying and promoting
profitable options for the U.S. livestock industry to reduce methane emissions while enhancing
productivity of cattle; and promoting profitable options for methane reduction through animal waste
management, from natural gas distribution systems, from landfills and during coal mining operations.
The natural gas distribution system represents 10% of the anthropogenic sources. In early March the
Global Change Division launched a voluntary program to reduce methane emissions from operations
of natural gas transmission and distribution systems in the U.S. Sixteen companies, representing 40%
of the market, joined the partnership with EPA. Potential emission reductions from the Natural Gas
Star program are at least 1 million metric tons of methane.
Third quarter methane reduction activities included an international conference on coalbed methane
development in Russia, Ukraine and People's Republic of China.
Energy Conservation
OAR has set a goal for the year 2000 to reduce U.S. combustion-related air pollution from stationary
sources by 20 percent through the use of market-based energy conservation programs. Strategies
include:
• using voluntary programs to encourage industry to pursue profitable energy saving
investments,
• promoting the development and sales of energy efficient technologies,
• accelerating state actions to provide market incentives for utilities to promote energy-
efficiency,
• identifying and removing private regulatory liability and other institutional obstacles to
energy efficiency.
Several efforts that employ these strategies are underway. Green Lights encourages U.S. corporations
and governments to install energy-efficient lighting, thereby cutting air pollution and saving energy.
The Energy Star Computer program was developed with industry cooperation with the goal of
manufacturing and marketing energy-efficient computer equipment. The Golden Carrot Super
Efficient Refrigerator Program will market refrigerators that use less energy and no CFCs. Prototypes
of the new models are expected in the summer of 1993. The refrigerators are 30 to 50 percent more
efficient than the Department of Energy's existing standard for electricity consumption and do not use
CFCs.
The Energy Star Printers program was launched in January to increase the energy efficiency of
computer printers. Savings are expected to be six billion kilowatt-hours in electricity and $450 million
in electricity bills each year upon full implementation of the program.
Green Lights participants number over 1000 as of June 21,1993. The first Energy Star computers are
headed to market as of June 17.
INDOOR AIR
The indoor air program seeks to identify the nature and magnitude of the health and welfare problems
posed by indoor air pollution and to reduce risk to human health by reducing exposure. In Tide IV of
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FY 1993 Third Quarter Progress Report OAR
the Superfund Amendments and Reauthorization Act the Agency is required to conduct a research and
information dissemination program in order to create a more systematic approach to addressing indoor
air quality problems.
The strategy to achieve these goals is threefold: (1) provide coordination among EPA, other federal
agencies, states and localities, (2) prepare and disseminate information and (3) provide policy
direction to the indoor air research program.
Coordination:
• The protocol for the Building Assessment Survey and Evaluation program completed external review. Three pilot
studies will use this protocol.
• EPA was one sponsor of the Institute of Medicine report titled "Indoor Allergens: Assessing and Controlling
Adverse Health Effects."
Information Preparation and Dissemination:
• The risk assessment on environmental tobacco smoke was formally released in a press conference second quarter.
• Third quarter, a cooperative agreement with the American Lung Association to develop materials was negotiated
and
• a public information brochure titled "What You Can Do About Secondhand Smoke" cleared OMB and is being
printed.
Policy direction:
• Representatives from the regional offices and ORD met to discuss the indoor air research program.
• Region I and the Indoor Air Division are working to develop environmental and programmatic indicators for the
indoor air program.
RADON
The national strategy for the radon program is to target geographic areas with the highest risk of indoor
radon contamination. All regions committed to negotiate with the states and set goals for radon
awareness, testing and mitigation. In March, national and state baseline data was provided to all states
and regions for use in evaluating the success of their programs. Regions continue to work with states
to set goals by sponsoring target setting workshops. To date, Alabama, Georgia, Nebraska, Kansas,
Iowa nd Missouri and Utah have set at least some numerical goals. Many other states will set goals in
fourth quarter.
Another commitment is to report on the percentage of state grant funds invested in designated high risk
areas in each state. To date, information on progress is available only for Pennsylvania (70% of all
State Indoor Radon Grant resources will be spent in high risk areas); reports for more states may be
available fourth quarter.
ENFORCEMENT
Summary of Significant Violator Activity
OAQPS reports that through three quarters of FY 1993, 880 new significant violators were identified
(about a 60% increase over last year) and that 890 significant violators were addressed. Region IX has
addressed the most significant violators this year (385 - more than twice as many as any other Region)
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OAR FY 1993 Third Quarter Progress Report
including 178 during the third quarter. The regions and states addressed 483 of the significant
violators within 150 days compared to only 256 a year ago, although the number of unaddressed
violators after one year has increased by 154 over the period. As of the end of the thud quarter, there
were 714 violators active on the significant violators list, of which 314 remained unaddressed after one
year. About half (156) of the 314 significant violators unaddressed after one year are in Region V.
This year OAQPS is moving to using its AIRS Facility Subsystem (AFS) to report on significant
violators for the first time. They anticipate that moving from manual to computerized reporting will
improve data quality and reduce problems with data consistency which had been a concern in the past.
CAA Enforcement Activity
The number of EPA CAA civil referrals is the same as last year at this time. There were 46 in FY
1991. The CAA program is the only major program not to have a decrease in civil referrals this year.
Region IX accounted for the most civil referrals (8). Ten new criminal referrals to DOJ have been
made this year, an increase from three at this time last year.
The 128 EPA administrative orders are a decrease from 196 at this time last year and include 74
administrative complaints for penalties. State enforcement levels are down compared to last year (AOs
down from 643 to 556 and referrals down from 89 to 83). This is second quarter data.
Major air enforcement output levels through June 30,1993* were:
EPA States
Civil Referrals 35 83
Criminal Referrals 10 3
Administrative Penalty Orders 74 *
Other Administrative Orders 54 556*
NOTE: State data and EPA asbestos demolition data is only second quarter data (lagged).
* The 556 state orders include penalty orders.
SIP and NSPS Compliance Status
Starting in FY 1993, OAR is reporting on the status of all Class A SIP and New Source Performance
Standard sources. Previously OAR reported only on the status of Class A SIP and NSPS sources in
nonattainment areas. As a result the universe of sources being reported on has increased from 10,826
to 38,598. Regions V and IV (9325 and 7066 sources respectively) account for 42% of all Class A
facilities.
The status of the 38,598 Class A sources at the end of the quarter was: 33,634 (87%) were in
compliance (highest rate Region VII with 94%, lowest Region II with 81.9%) ,2,164 (5.6%) sources
were in noncompliance (highest rate 9.1% in Region II), 1,889 (4.9%) sources had unknown
compliance status (Region IV had 10.3% of its sources in this status), and 911 (2.4%) sources were
on a compliance schedule. The overall compliance rate for sources with a known status was 91.6
percent
The regions and states plan to conduct 25,945 inspections of Class A sources this year. They
reported 9,037 inspections through the second quarter (lagged data).
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FY 1993 Third Quarter Progress Report OAR
Non Transitory NESHAP Sources
OAR reports 1,223 sources for National Emission Standards for Hazardous Air Pollutants. Three
Regions account for 54% of all NESHAP sources (Region V with 24%, and Regions IV and VI with
15% each). Of the 1,223 NESHAP sources, 1,003 (82%) were reported as in compliance (88% for
sources with a known status).
The 220 sources not in compliance had the following status: 86 had unknown status (down from 120
a year ago), 96 were noncomplying, and 38 were on a compliance schedule. Seven Regions had
compliance rates over 90% for sources with a known status. Two of the four Regions with the most
NESHAP sources had the lowest rates for sources with known status, Region II - 76.6% and Region
IV - 81.9%.
Asbestos Demolition and Renovation Activity
This data is lagged one quarter. Through the second quarter, regions and states reported 6,076 and
31,234 notifications respectively, about the same as last year. The regions conducted 302 inspections
(up from 256 last year) and the states 8,974 (up from 7,010). These inspections result in (a)
notification violations - regions identified 139 (down from 212 last year) and the states 586 (up from
505); and (b) substantive violations - Regions 30 (down from 44) and the states 207 (up from 122 last
year). In response to violations, the regions and states initiated 87 administrative orders and 46 civil
referrals.
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FY1993 Third Quarter Progress Report OPPTS
OFFICE OF PREVENTION, PESTICIDES, AND TOXIC SUBSTANCES
INTRODUCTION
The Office of Prevention, Pesticides, and Toxic Substances (OPPTS) expresses program priorities
through two distinct strategic plans: one for the Office of Pesticide Programs (OPP) and one for the
Office of Pollution Prevention and Toxics (OPPT). The OPP and OPPT strategic plans incorporate
strategies specific to the Office of Compliance Monitoring (OCM).
In addition to the priorities expressed through their strategic planning process, OPPTS engaged in a
process for developing Memoranda of Agreement (MOAs) with each region for FY 1993.
Headquarters (HQ) set priorities for regional program and enforcement areas based on an assessment
of risk reduction potential. Working from this base, the MOA negotiations incorporated regional
priorities, specific geographic needs, and localized risks.
OFFICE OF POLLUTION PREVENTION AND TOXICS
OPPT focuses on four priority areas: 1) the development and integration of multi-media pollution
prevention approaches to environmental protection; 2) better utilization of the authorities granted by
the Toxic Substances Control Act (TSCA), coupled with a balanced regulatory and non-regulatory
risk management approach; 3) more effective sharing of toxics data and information inside and
outside EPA; and, 4) enhancement of regional and state roles.
NEW CHEMICALS
Authorized by TSCA, OPPT's objective is to review all new chemicals and respond as necessary to
prevent unreasonable risk. Chemical companies are required to notify EPA before manufacture or
import of any new chemical. The premanufacture notification (PMN) process provides EPA an
opportunity to review new chemicals and impose necessary controls or restrictions to protect human
health and the environment before the chemical enters commerce. EPA-imposed controls on new
chemicals have less of an economic and social impact than they do on chemicals already established in
commerce. Because many types of exposure-reducing measures can be readily integrated into a
manufacturer's plans at the early pre-manufacturing stage, the PMN process provides the Agency
with a powerful mechanism for promoting pollution prevention.
During third quarter, FY 1993, OPPT received 538 valid new chemical notices (468 notices were
received in third quarter one year ago). Of the 538, there were 404 Premanufacture Notices (PMNs)
and 134 exemption applications (i.e., 63 for low volume exemption, 70 for polymer exemption, and 1
for test market exemption); no biotech notices have been received this year. The Office targeted 65
of the new chemical notices for regulatory review or action. Three hundred nine of the PMNs (76%
of the third quarter total received) contained voluntary reports on pollution prevention practices and
activities.
Through the end of third quarter, the Office received 1,476 valid new chemical notices during FY
1993; 1,107 of these were PMNs with 75% containing voluntary pollution prevention reports.
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OPPTS FY1993 Third Quarter Progress Report
Activity over the same period in FY 1992 was nearly identical. Through third quarter last year,
OPPT received 1,451 new chemical notices; 1,100 of these were .PMNs and 74% of the PMNs
contained voluntary pollution prevention reports.
OPPT took 508 control actions during the third quarter of FY 1993. The Office issued § 5(e)
Consent Orders for 41 PMNs during the quarter and modified or revoked Consent Orders for 4
others. Fifty-nine PMNs were withdrawn in the face of regulatory action and 376 PMN cases were
dropped from further review during third quarter. OPPTs third quarter activity brings the
year-to-date total of PMN cases resulting in final action to 1,152 (968 of those are cases that were
dropped from further review); during the first three quarters of FY 1992, OPPT took 1,107 control
actions, 996 of which were cases dropped from further review.
/
EXISTING CHEMICALS
Under TSCA, OPPT ensures that chemicals in commerce do not present "unreasonable risk of injury
to health or the environment;" there are more than 60,000 existing chemicals in the TSCA inventory.
OPPT receives nominations for chemical testing from several sources including other Agency offices,
other government agencies, industry, the Interagency Testing Committee, and other interested parties.
Screening efforts focus on identifying chemicals of greatest concern in order to rank candidates for
testing and risk assessment. OPPT requires testing to fill gaps in the data needed to assess risk. Risk
assessment analyses use the information obtained through screening and chemical testing to support
risk management decisions.
OPPT has strengthened the components of the testing and review process with its priority areas
focus. The Office examines pollution prevention opportunities to reduce the processing and use of
toxic chemicals, involves interested parties early in the process through notification of intended
action, and encourages voluntary control actions.
The Existing Chemicals program strategy relies on chemical specific risk assessments and appropriate
regulation when necessary. However, the strategy also includes an emphasis on processing chemical
clusters (both chemical use and chemical class clusters) as an alternative to the single chemical
approach and on managing identified risks as early as possible in the review process by considering
and using a full range of regulatory and non-regulatory risk management options.
During third quarter of FY 1993, the first stage of the risk management process (RM1) produced
decisions to drop four chemical cases from further risk management analyses: Alkylated phenol
sulfides (case includes eight chemicals), diethyl sulfate, melamine, and n-nitrosodiphenylamine. OPPT
reports that two chemical cases (n-methylpyrrolidone (NMP) and mercury) completed RM2 during
third quarter. NMP completed the process and negotiations are underway for voluntary risk
management action; mercury exited the risk management process with a strategy for communicating
the risk associated with cultural uses of mercury to the relevant community.
TOXIC RELEASE INVENTORY (TRI) INDICATORS
In FY 1993, OPPT intended to report indicators of environmental progress as reflected in reported
releases of chemicals on the Toxic Release Inventory. When the Office begins reporting on these
measures, separate indicators will be estimated for human health and ecological effects. The
indicators will be based on facility-specific multi-media releases of TRI chemicals weighted by
12
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FY1993 Third Quarter Progress Report OPPTS
toxicity, exposure potential, and population for human and ecological endpoints. Each indicator will
be calculated as the sum of the weighted releases for all relevant facility-chemical-media-specific
combinations. FY 1993 indicators will reflect 1990 releases. At the end of third quarter and for each
of the anticipated indicators, OPPT reports that insufficient data have been developed to report a TRI
indicator number at this time.
FIELD OPERATIONS
OPPT is seeking to increase state administrative capacity for current asbestos and PCB activities
while concentrating effort on a "second generation" of toxics field operation programs focusing on
pollution prevention and empowerment through information of regions, states, and the public to effect
reduction of exposures to toxics. The top OPPT risk-based regional priorities under the MOA
include: the Toxic Release Inventory, key lead (Pb) activities, and the 33/50 program.
During third quarter, regions report two narrative measures in STARS: one on TRI activities and
one on the 33/50 Program. The following sections provide a synopsis and highlights of regional
reporting in these narratives; for more region-specific information, please refer to the STARS
database comment fields for datapoints OPTS-30 and 31.
Toxic Release Inventory CTRD:
This narrative highlights regional efforts to help the regulated community in complying with TRI
reporting requirements through outreach and technical assistance and to promote the use of TRI data
by states and the public. Activity during the first half of FY 1993 focused largely on laying the
groundwork for a busy third quarter TRI workshop season. Many of the workshops focused on TRI
reporting requirements and, especially, Form R (pollution prevention reporting requirement). The
following are some of the regional TRI highlights from third quarter of FY 1993:
Region I conducted eight TRI workshops during third quarter focusing on data quality and pollution
prevention reporting; one of these was a two day Train the Trainer" workshop aimed at consultants
and industry personnel. In addition, Region I inspectors from Air, Water, and RCRA participated in
the TRI Data Use Initiative training together with inspectors from Region ffl. Regional staff continue
to provide TRI data runs to various offices and groups within the regional office. Staff also conduct
periodic conference calls with the state coordinators and supply customized, state-specific TRI data,
training, and guidance to state agencies.
Region II reports holding twelve EPCRA seminars during third quarter in addition to participating in
an EPCRA Roundtable in South Jersey. The Region made a presentation exclusively for furniture
manufacturers in Puerto Rico and a presentation to Puerto Rico Environmental Quality Board
employees. The Region also provided an update on the Catano Initiative which has targeted and
reviewed all possible releases and sources of contamination in the Catano area using TRI; targeted
enforcement activities conducted under EPCRA § 313 have found a § 313 violation rate of 38%.
Region III conducted twelve industry outreach workshops that involved over 600 industry
representatives during third quarter. The Region conducted a TRI workshop for the U.S. Navy's
Eastern Division in anticipation of federal facility TRI reporting; the regional TRI coordinator is
working with the federal facilities coordinator's office to set up similar workshops for other pertinent
federal facilities within the Region. Region HI also reports conducting industry outreach workshops on
EPCRA at the regional office; approximately 120 persons have attended these workshops.
A Region m TRI lexicologist has been involved in data analysis for targeting and strategic planning
purposes. The toxicologist has developed a Prototype Indexing System that ranks TRI releases in
13
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OPPTS FY1993 Third Quarter Progress Report
terms of their relative toxicity; the Prototype is being refined and has been presented to regional and
Headquarters management.
The regional TRI coordinator and the lexicologist serve as members of the Risk Assessment
Subcommittee of the Region's Urban Environmental Risk Initiative (the TRI coordinator also
participates in the Outreach Subcommittee while the lexicologist is on the Goal Setting Subcommittee).
TRI data has been used in this effort to characterize the subject areas in terms of potential risks,
exposure, and other demographic factors.
Region W conducted five outreach seminars for industry with a focus on pollution prevention and the
reporting requirements of TRI. Regional and state programs continue to use TRI data to identify
potential environmental concerns; a significant number of multi-media inspections were initially
generated from the TRI air, water, and land emissions information. Three states in Region IV have
TRI Data Quality Assurance or TRI Data Capabilities Programs through which the states assume
more responsibility for managing TRI data and identifying data submission errors; any discrepancies
found at this stage are coordinated with the Region.
wi V conducted four industry outreach workshops; the workshops were targeted at companies
with more than 20 and less than 80 employees and about 15,000 facilities in this category received
promotional flyers. Third quarter's workshops were attended by 169 people representing 149 facilities.
The Region reports mat the RCRA office has been using TRI data to target waste minimization
technical assistance while other offices and divisions are using the data to help develop Supplemental
Environmental Projects (SEPs). In addition, the Great Lakes National Program Office is using TRI
data on 33/50 chemical use in the Great Lakes Management Plan update.
Region VI presented nine Form R workshops emphasizing the new pollution prevention section.
Region VII conducted six workshops for manufacturers on § 313 reporting; mailings announcing
these workshops and explaining the § 313 requirements were sent to all manufacturers (reporters and
non-reporters) in the Region with ten or more employees. Representatives from states within the
Region made presentations at each of the workshops on state data use and organization. 1991 TRI
data is being used by the Region's Water Division - they check the data against NPDES permits,
underground injection control permits, and pretreatment agreements.
Region VIII offered two different TRI outreach workshops this year: the first was a one day
introductory workshop for first time reporters mat covered all the basics of reporting under EPCRA as
well as a pollution prevention section on source reduction, recycling, and the 33/50 Program; the
second workshop, aimed at previous reporters, was a seven hour update session covering Form R
changes, the pollution prevention section on recycling and source reduction, data quality, frequent
errors, estimating releases, data bases available, the Automated Form R, the 33/50 Program, and state
program updates. The Region conducted four Introductory Workshops and two Update Workshops.
The Region also reports that TRI data is being used by a number of EPA programs as a data resource
and reporting "check point." For example, the Air Toxics coordinator searches the database to identify
companies that might be interested in the Early Reduction Program, the Hazardous Waste
Minimization coordinator and RCRA inspectors review pollution prevention responses to verify the
certification statement on hazardous waste manifests regarding "a program in place" to minimize
waste, and EPCRA staff use the EPCRA Targeting System and the TRI database to target "no-knock"
inspections and checks on potential TRI non-reporters.
Region ZYheld 14 outreach workshops (including one workshop in San Francisco devoted entirely to
the wine industry) jointly sponsored by the TRI Program and the Office of Health and Emergency
Planning. The workshops focused on reporting requirements and step-by-step instructions on
accurately completing Form R. The Region also reports that TRI data is being used to measure
success in a government/industry pollution prevention partnership to reduce multi-media industrial
releases in a targeted zone within Los Angeles County, California.
Region X held four TRI industry workshops during third quarter. Four other scheduled workshops
were canceled due to low registration and, at the workshops that were held, the Region reports lower
14
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FY1993 Third Quarter Progress Report OPPTS
attendance that of last year. The Region is using TRI reports to prepare Environmental Services
Division staff for multi-media inspections in Region X. The TRI Program is working with the Oregon
Health Sciences University to compare TRI data sent to the State and data submitted to EPA; this is
part of an effort to look at environmental equity and community health as related to chemical releases
and exposures using TRI, OSHA, and State data.
33/50 CHEMICALS
Nickel and Compounds
Chloroform
Benzene
Tetrachloroethylene
Methyl isobutyl ketone
Trichloroethylene
Lead and Compounds
Chromium and Compounds
Methylene chloride
Methyl ethyl ketone
Trichloroethane
Xylenes
Toluene
Mercury and Compounds
Cadmium and Compounds
Carbon tetrachloride
Cyanides
The 33/50 Program:
The 33/50 Program started in 1991. It is a voluntary, direct
action initiative that forms partnerships among government,
industry, and communities. The goal of the 33/50 Program
is to reduce releases and transfers of 17 highly toxic,
high-priority chemicals 33% by the end of 1992 and 50% by
1995. EPA chose these chemicals because they pose
environmental and health concerns, they are high-volume
industrial chemicals, and they can be reduced through
pollution prevention. The reductions will be measured
against a baseline of releases and transfers reported to the
Toxic Release Inventory in 1988.
This narrative highlights regional efforts to increase the
number of company commitments to the 33/50 Program
through outreach and technical assistance to industry. Most
regions report continuing their pursuit of additional
company commitments to 33/50. Most also report activity underway in setting up 33/50 awards and
recognition programs. Additional activity ranged from conferences to targeted calls to pollution
prevention meetings. The following are some of third quarter's highlights:
Region I provided speakers on 33/50 to seven industry, trade association and state conferences or
meetings and each of the Region's eight TRI outreach workshops included a session on the 33/50
Program. The Region is using 1991 TRI data to target "new" potential 33/50 corporations and
facilities within the Region.
Region I continues to assist New England states in sponsoring technical assistance projects targeted at
industries that have a high rate of releases and transfers of 33/50 chemicals. These projects include:
preparation for a pollution prevention conference for the printing industry scheduled for September of
this year (this project is co-sponsored by EPA's Design for the Environment (DfE) program and the
Printing Industries of New England); preparation for a meeting of industry, military, and regulatory
personnel involved in the Military Specification-Substitution issue; and, work on the Financial
Brochure which will aid industries in securing finance for pollution prevention projects (the brochure is
being developed by the Northeast Waste Management Officials Association).
Region II reports including 33/50 outreach activities in each of their TRI seminars. The Region is
working with the Niagara Frontier Office to request voluntary reductions at facilities that release highly
bioaccumulative chemicals that exceed risk-based criteria for the Lake Ontario/Niagara area.
Region III reports that pollution prevention and 33/50 are integral components in each of the Region's
TRI industry outreach workshops. In addition, the Region conducted eight EPCRA § 313-Pollution
Prevention-33/50 Program workshops in Maryland, Pennsylvania, Virginia, and West Virginia.
Region IVcompleted a series of five seminars on Title in and 33/50 to industry and federal facilities.
The regional coordinator is trying to distribute 33/50 information to the public through other regional
15
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OPPTS FY1993 Third Quarter Progress Report
outreach programs like the Superfund Community Relations coordinators, the wetlands outreach
coordinator, and solid waste reduction employees.
Region V reports no new outreach efforts but the Region continues to work with the City of Chicago's
Department of the Environment as they prepare their inspectors to help publicize 33/50.
MI VI reports efforts to assist states in developing and implementing "33/50" type programs -
ling geographic specific (or "cluster") programs. Initial efforts have begun with Texas and El
Paso aimed at the Mexican border area.
Region VII continues to work on its 33/50 geographic cluster approach; four communities have
submitted formal toxic release reduction commitments while Omaha and Lincoln, Nebraska are close to
submitting commitments.
Region VIU takes a different strategy for 33/50 outreach (because the 33/50 Program is allocated
only 0.1 FTE in Region VIE). The Region coordinates 33/50 outreach with other mechanisms such as
Pollution Prevention Incentive for States (PPIS) grants programs, other EPA pollution prevention
programs, the Regional Pollution Prevention Steering Committee, and through proactive environmental
business groups. The 33/50 coordinator does make presentations and provide 33/50 outreach packets
at TRI workshops. Because of their approach to 33/50 outreach, the Region reports very tight
coordination between the 33/50 Program and other regional pollution prevention programs including a
seat for the 33/50 coordinator on the Pollution Prevention Steering Committee.
Region K has been soliciting 33/50 commitments through presentations at a series of workshops on
EPCRA § 313 reporting requirements. In fourth quarter, the Region will be conducting workshops on
Form R aind 33/50 specifically for federal facilities. The Region is also working to develop 33/50-like
programs in each of its states. Region DCs Gee-Targeting Project (GTP) contributes to coordinating
TRI, 33/50, and pollution prevention activities in the Region.
Region X continues to call uncommitted facilities in an attempt to bring them into the 33/50 fold; the
Region is also following up on all new (1991) TRI reporters with information on 33/50, pollution
prevention, and the newly prepared "Technical Resource Guide."
OFFICE OF PESTICIDE PROGRAMS
Risk reduction and pollution prevention are major strategies for OPP. The Office is focusing efforts
in four priority areas: 1) food safety; 2) safer pesticides; 3) pesticide exposure and environmental
burden reductions; and, 4) field operations.
NEW CHEMICALS
Under the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA), all new chemicals (pesticide
active ingredients, biochemical or microbiological products) must be registered by the Agency to
prevent unreasonable risks from new ingredients and products. OPP reviews new chemical
registration applications and associated data to complete final decisions on the application; the review
typically involves both risk assessment and risk-benefit analyses. Final decisions may result in denial,
unconditional registration, conditional registration, or administrative denial. In addition, under the
Federal Food, Drug, and Cosmetic Act, registration of any chemical that might leave a residue on a
food or feed item requires the establishment of a tolerance or an exemption from tolerance.
OPP records the number of final decisions on new chemicals (new pesticide active ingredients, new
biochemicals, or new microbiologicals) in STARS. To measure performance within the registration
program, OPP counts applications withdrawn by the applicant along with the more typical final
16
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FY1993 Third Quarter Progress Report
OPPTS
decision outcomes outlined above. OPP brought the year-to-date number of new active ingredient
final decisions to a total of eleven by recording final decisions on six new active ingredients (against a
target of two) during third quarter:
New Active Ingredient Name
Mycostop (Streptomyces griseoviridis)
Rootall
Sodium Salt of Soap
SPOD-X (Spodoptera exigua NPV.)
Metarhyzium onisopliae
Glufosinate ammonium
Type of Ingredient
New Microbiological
New Chemical
New Chemical
New Microbiological
New Microbiological
Biofungicide
Function of Ingredient
Biofungicide
Fungicide
Repellent
Bioinsecticide
Biofungicide
Herbicide
OPP also recorded 14 tolerance petition final decisions against a third quarter target of 13; this brings
the year to date figure to 26 completions against a target of 34. By the end of third quarter, FY 1992,
the Office had recorded 86 tolerance petition final decisions against a target of 63. A tolerance
petition decision applies to all requests for a tolerance level or exemption from requirement of a
tolerance level for pesticide residue in or on raw agricultural commodities, processed foods, or for
minor uses. At the end of third quarter, OPP had 201 tolerance petitions with actions overdue (i.e.,
tolerance petitions that have not been processed within an administrative deadline of 240 days from
initial receipt); there were 142 actions overdue at the end of third quarter one year ago.
EXISTING CHEMICALS
Reregistration
EPA is required by law to reregister pesticides that were evaluated years ago when standards for
government approval were less stringent. This comprehensive reevaluation of pesticide safety is
critical to protecting human health and the environment. In 1988, Congress amended FIFRA to
strengthen and accelerate the reregistration program; FIFRA '88 mandated that EPA complete
reregistration eligibility review of existing pesticides within nine years. However, 1997 no longer
seems a realistic deadline given the scope of work remaining.
There are currently 407 registrant
supported cases of related existing
pesticide active ingredients requiring
review; OPP divided the cases into
four lists, with List A pesticides
(accounting for 151 cases) having the
highest priority for reregistration
eligibility review. The 407 cases
represent about 20-25,000 pesticide
products that require reregistration.
List A
ListB
LlttC
ListD
PESTICIDE LISTS A, B, C, D
The List A pesticides are primarily food use chemicals; they
include approximately 80% of the total volume of food use
pesticides subject to reregistration.
List B contains less significant food use pesticides, outdoor
non-food use and indoor use pesticides.
List C contains antimicrobials including disinfectants and
wood preservatives.
List D contains other outdoor and indoor uses,
antimicrobials, and microbial pesticides.
In STARS, OPP reports the number of Reregistration Eligibility Documents (REDs) issued or
appropriate regulatory actions taken (when a case is ineligible for reregistration). REDs announce
17
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OPPTS
FY1993 Third Quarter Progress Report
that products containing the active ingredients in
the chemical case are eligible for reregistration.
During third quarter, OPP issued 2 REDs
against a target of 8. One of the REDs was
from List A covering 1 chemical and 15
products; the other was from List C and it
covered 2 chemicals and 12 products. To date
in FY 1993, OPP has issued 5 REDs against a
target of 11. The Office believes that its annual
target of 20 will be met by completing 15 REDs
during fourth quarter.
CURRENT STATUS OF REREGISTRATION
500
,400
300
! 200
100
At the end of third
quarter, FY 1993, 33
REDs were complete
out of a universe of 407
supported cases. Twelve
List A REDs were complete
out of 151 supported cases.
(407)
(151)
Li»tA ListB ListC LfatD AU Lists
H Awaiting Data/Data fa Review
B REDs Completed
Products are not actually reregistered until
product-specific data and labeling information
are submitted and accepted by the Agency
(usually fourteen months after the last active
ingredient in the product is eligible for
reregistration). OPP reports the number of
product reregistration decisions completed; besides reregistration, decisions may include product
cancellation or amendment. During third quarter of FY 1993, OPP completed 281 product
reregistrations against a target of 839. The Office has achieved 38% of its cumulative third quarter
product reregistration completions target (420 against the cumulative target of 1,109). In addition to
the 420 completed decisions, OPP presently has 303 products at the Office of Compliance Monitoring
for suspension.
Special Review
The Special Review process begins when EPA has reason to believe that the use of a registered
pesticide may result in unreasonable adverse effects to human health or the environment. A Special
Review involves a very specific resource intensive and time consuming sequence of events; each step
of the Special Review process, from Notice of Special Review (Position Document 1) to Notice of
Final Determination (Position Document 4) and any voluntary actions taken by registrants to reduce
risk, is documented in the Federal Register.
OPP reports Special Review decisions and accomplishments in STARS for chemicals in Special
Review or under consideration for Special Review. During third quarter of FY 1993, OPP completed
three special reviews against a target of two:
Azinphos-methvl
Negotiated settlement. An agreement was reached to amend the registrations for use of
Azinphos-methyl on sugarcane in Louisiana by requiring: labeling modifications that reduce aquatic
environment exposure; a monitoring study of use on sugarcane in Louisiana; and, a condition of
immediate stop sale if certain criteria of "adverse aquatic effects" are met.
Arsenic Acid
Voluntary cancellation (FR 58:26975). A voluntary cancellation notice for the remaining active
arsenic acid registrations allowing use on cotton was published in the Federal Register on May 6,1993.
The registrants requested voluntary cancellation in accordance with a settlement agreement reached
with the Agency at an earlier date.
18
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FY1993 Third Quarter Progress Report
OPPTS
Sporicidin
Voluntary cancellation (FR 58:37931). A settlement agreement was reached with the registrants due to
misbranding of the product because of inefficacy. The Agency had issued stop-sale, use, and removal
orders in December of 1991. The registrants requested voluntary cancellation after the Agency
informed them that cancellation proceedings would be initiated if they failed to sign a consent decree
and request cancellation; cancellation became effective June 16,1993.
FIELD OPERATIONS
OPP is seeking to enhance regional, state, territorial, and tribal capacity; the primary objective is to
decentralize program activities that directly impact these entities. In the FY 1993 MOA, OPP
identified Ground Water, Worker Protection, Certification and Training (C&T), Managing Crises
(emergency reaction to chemical and area specific incidents), and Core FIFRA as risk-based priorities
warranting increased regional attention and effort.
Managing Crises and Core FIFRA activities involve improving communications and enhancing data
systems. Regional activity in Ground Water, Worker Protection, and C&T focuses on cooperative
agreement oversight and evaluation as well as outreach and technical assistance to states, pesticide
users, and agricultural employers and workers. Regions report program status for Ground Water,
Worker Protection, and C&T in STARS. The following sections provide a current picture by region
for state Ground Water, Worker Protection, and C&T programs at the end of third quarter.
Ground Water:
The table below lists the states, territories, and tribes that (a) are developing generic State
Management Plans (SMPs) and (b) have submitted completed generic SMPs. It also (c) lists the
states where the state lead pesticide agency and the state lead ground water agency are working to
coordinate development of the generic SMP with a comprehensive ground water protection program.
GROUND WATER
Region
RI
RH
RIO
RIV
RV
RVI
RVH
RVffl
RTX
RX
Total*
(»)
Developing SMP
CT,MA,ME,NH,RI,VT
NJ, NY, Puerto Rico
DE, DC, MD, PA, VA, WV
GA,MS,NC,SC,TN
IL,IN,MI,MN,OH,WI
AR,LA,NM,OK,TX
IA.KS.MO
Cheyenne River, MT, ND,
Pine Ridge, SD.UT.WY
American Samoa, AZ, CA, Guam, HI,
ITCA (7 Tribes), Navajo, NV
AK, ID, OR, Shoshone/Bannock
Tribes. WA
60
(b)
Completed SMP
None
None
WV
GA,KY,NC,SC,TN
MN.WI
AR,LA.NM,OK,TX
IA
ND
AZ,CA.Guam,HI,
ITCA (7 tribes), NV
None
27
(c)
Coordinated Development Program
CT,MA,ME,NH,RI,VT
NJ, NY, Puerto Rico
DE, DC. MD. PA, VA, WV
AL. FL, GA, KY, MI, NC. SC, TN
WI
AR.LA.NM.TX
IA.KS.MO
CO. MT, UT
AZ.NV
AK,ID,OR,WA
40
19
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OPPTS
Worker Protection:
FY1993 Third Quarter Progress Report
The following table conveys the OPP-reported list the states, territories, and tribes that: (a) are
developing Worker Protection Implementation Plans; (b) have submitted completed Worker
Protection Implementation Plans; and, (c) are actively pursuing projects described in their Worker
Protection Implementation Plan. There seems to be a lack of consensus within the pesticides program
on what to count under each of the three worker protection measures (i.e., a number of regions are
including nearly identical sets of states, territories, and tribes under each of their measures).
WORKER PROTECTION
Region
RI
RE
Rffl
RIV
RV
RVI
RVH
RVEI
RK
RX
Total*
(«)
Developing Implementation Plans
CT,MA,ME,NH,RLVT
NJ, NY, Puerto Rico, Virgin Islands
DE, DC, MD, PA, VA, WV
AL, FL, GA, KY, MI, NC, SC, TN
IL,IN,MI,MN,OH,WI
AR,LA,NM,OK,TX
IA.KS.MO.NE
Cheyenne River Tribe,
MT.ND.SD.UT
American Samoa, AZ, CA, Guam, HI,
ITCA (7 Tribes), Marrianas Island,
Palau, Navajo Nation, NV
AK,ID,OR,WA
64
(b)
Completed Implementation Plans
CT,ME,NH,RLVT
NJ, NY, Puerto Rico, Virgin Islands
DE, DC, MD, PA, VA, WV
AL, FL, GA, KY, MI, NC, SC, TN
IL,IN,MI,MN,OH,WI
AR,LA,NM,OK,TX
L\,KS,MO,NE
ND.SD.UT
HI, Navajo Nation
None
43
(c)
Implementing Implementation Plans
CT,MA,ME,NH,RI,VT
NJ, Puerto Rico
DE, DC, MD, PA, VA, WV
AL, FL, GA, KY, MI, NC, SC, TN
IL,IN,MI,MN,OH,WI
AR,LA,NM,OK,TX
IA.KS.MO
MT.ND.SD.UT
AZ.HI, Navajo Nation
AK,ID,OR,WA
47
Certification And Training CC&T):
The following table lists states, territories, and tribes that: (a) have core training sessions or materials
for private and commercial applicators including information on ground water, worker protection and
endangered species; (b) take measures to determine Private Applicator Competency for Certification
in the areas of ground water, worker protection and endangered species; and, (c) include questions in
Commercial Applicator Examinations on ground water, worker protection and endangered species.
CERTIFICATION AND TRAINING
Region
RI
RH
Rffl
RIV
RV
RVI
<»)
Core Training Material/Sessions
CT,MA,ME,NH,RLVT
NJ, NY, Puerto Rico
DE, DC, MD, PA, VA, WV
AL, FL, GA, KY, MI, NC, SC, TN
IL,IN,MI,MN,OH,WI
AR,LA,NM,OK,TX
(b)
Private Applicator ,
CT, MA, ME, NH.RI, VI-
NT, NY, Puerto Rico
DE, DC, MD, PA, VA, WV
AL, FL, GA, KY, MI, NC, SC, TN
IL,IN,MI,MN,OH,WI
AR,LA,NM,OK,TX
(c)
Commercial Applicator
CT, MA, ME, NH.RI, VI-
NT, NY, Puerto Rico
DE, DC, MD, PA, VA, WV
AL, FL, GA, KY, MI, NC, SC, TN
IL,IN,MLMN,OH,WI
AR,LA,NM,OK,TX
20
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FY1993
Rvn
Rvm
RK
RX
Total It
Third Quarter Progress Report
IA,KS,MO,NE
CO,MT,ND,SD,UT,WY
American Samoa, AZ, CA,
Guam, HI, NV
AK, ID, OR, Shoshone/Bannock
Tribes, WA
55
t
IA,KS,MO,NE
CO.MT.ND
American Samoa, AZ, CA,
Guam, HI, NV
AK, ID, OR, Shoshone/Bannock
Tribes, WA
52
OPPTS
IA,KS,MO,NE
MT.ND.SD.WY
American Samoa, AZ, CA,
Guam, HI, NV
AK, ID, OR, Shoshone/Bannock
Tribes, WA
53
OFFICE OF COMPLIANCE MONITORING
Beginning in FY 1993, OCM"s regional compliance/enforcement programs are operating based upon
each region's respective Memorandum of Agreement (MOA), established prior to the beginning of the
fiscal year. Each MOA documents the specific areas of focus for the particular region. This includes
the national MOA priority areas, identified by OCM, and the individual regional priorities established
with their Regional Administrator.
The MOA FY 1993 national priority areas were established based upon their potential to achieve risk
reduction. The national priority areas include: TSCA Targeted Inspections in specific areas for
PCBs, Asbestos and New Chemicals; EPCRA 313 Inspections and Data Quality Activities; FIFRA
Special Initiatives and Special Action Chemicals; Cooperative Enforcement Agreement Focus (for all
statutes); and, Strengthening the Pesticide Infrastructure.
The nationally targeted activities in the MOAs and in STARS are inspections (performed by either
federal, state, territorial or tribal inspectors) under the three statutes (FIFRA, TSCA and EPCRA
313) for which OCM has responsibility for compliance/enforcement activities.
The regional activities reported into STARS include inspections accomplished, enforcement actions
issued and the negotiation of supplemental environmental projects (SEPs).
SUPPLEMENTAL ENVIRONMENTAL PROJECTS
Negotiating SEPs is an important tool utilized by OCM to achieve risk reduction and pollution
prevention.
Through third quarter of FY 1993, the regions and Headquarters settled 69 cases with Supplemental
Environmental Projects (SEPs): 33 TSCA cases, 30 EPCRA cases and 6 FIFRA cases. Of the total
91 individual settlement terms identified as SEPs, 29 related to source reduction activities, 27 to
disposal activities, and 16 to waste minimization activities.
FEDERAL INSECTICIDE, FUNGICIDE, AND RODENTICTOE ACT
FIFRA Inspections (State Inspection Data Is Lagged One Quarter)
Through second quarter, states completed 14,218 inspections under cooperative agreements, or 58%
of their yearly target of 24,491.
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OPPTS FY1993 Third Quarter Progress Report
By the end of third quarter, Regions VQ and Vffl, with non-delegating programs, conducted 302
pesticides inspections or 88% of their combined yearly target of 342.
F1FRA State Enforcement Indicators (Data Is Lagged One Quarter)
During the first half of FY 1993, states had issued the following enforcement actions:
Significant Enforcement Actions 509
Stop-Sale Orders 175
Warning Letters 1,518
F1FRA Federal Enforcement Activity
The regions and Headquarters issued 157 FIFRA administrative complaints through third quarter of
FY 1993. One civil referral was sent to DOJ in FY 1993 and two criminal referrals have been
referred.
TOXIC SUBSTANCES CONTROL ACT
TSCA Federal And State Inspections
At the end of third quarter, the regions had conducted 744 TSCA compliance inspections or 77% of
the yearly target of 966 inspections.
Under cooperative agreements with states, 1,283 TSCA compliance inspections were performed, or
74% o: their yearly target of 1,731 for FY 1993.
TSCA Federal Enforcement Activity
Through third quarter of FY 1993, the regions and Headquarters issued 149 administrative
complaints under TSCA.
Three TSCA civil referrals have been referred to DOJ in FY 1993. To date, one TSCA criminal
referral has been referred.
EMERGENCY PLANNING AND COMMUNITY RIGHT-TO-KNOW ACT
EPCRA $ 313 Inspections
By the end of third quarter, the regions had conducted 597 EPCRA § 313 compliance inspections, or
87% of their yearly target of 683 inspections.
EPCRA S 313 Enforcement Activity
Through the end of third quarter, the regions issued 96 EPCRA administrative complaints. One
EPCRA civil referral has been referred this year.
22
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FY 1993 Third Quarter Report OSWER
OFFICE OF SOLID WASTE AND EMERGENCY RESPONSE
INTRODUCTION
The Office of Solid Waste and Emergency Response (OSWER) has programs to address statutory
mandates and make progress toward environmental goals. This quarterly report uses summary
information from OSWER's own data bases, the Agency's centralized data base, plus other reports.
SOLID WASTE
The Office of Solid Waste (OSW) in OSWER manages a solid waste program under Subtitle D of the
Resource Recovery and Conservation Act (RCRA) of 1974, as amended by the Hazardous and Solid
Waste Amendments (HSWA) of 1984. OSW has activities to minimize waste quantity and to
promote environmentally sound management There are no measures in STARS to track progress in
the solid waste minimization area.
ENSURING ENVIRONMENTALLY SOUND MANAGEMENT
For sound management of municipal wastes, OSW is fostering the development of EPA-approved
state and municipal solid waste landfill (MSWLF) programs.
• Fifteen states have submitted applications for determining adequacy or inadequacy of their
municipal solid waste landfill programs;
• Seven states including Virginia, Wisconsin, Kentucky, Idaho, Oregon, and Minnesota have
proposed or recieved final approvals of their MSWLF programs.
In addition, OSW has proposed:
• A rule for plastic six-pack carrier rings to be of biodegradable materials; and
• Two grocery chains have requested 25,000 copies of EPA's flyer on "green" product claims.
OSWER has no STARS measures to track sound management of special or industrial wastes.
HAZARDOUS WASTE
OSW and the Office of Waste Programs Enforcement (OWPE) manage the hazardous waste program
under Subtitle C of RCRA and HSWA. OSW and OWPE have activities to minimize waste,
promote environmentally sound management, and prepare for and respond to releases.
MINIMIZING WASTE
OSW reports several nationwide efforts to reduce hazardous waste generation including:
• Developing guidance for generators on '^Elements of a Waste Minimization Program";
• Listing generators with waste minimization programs in place, targeting generators of
combustible waste, and developing a final waste minimization strategy; and
• Working with four states to measure waste minimization progress in companies.
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OSWER FY 1993 Third Quarter Report
Regions V and X have reported hazardous waste minimization activities to STARS:
Starting and continuing regional training, round tables, newsletters, and conferences;
Participating in the State Pollution Prevention Roundtables;
Providing technical assistance to companies;
Finalizing waste minimization language in permits; and
Following several supplemental environmental projects in consent decrees.
ENSURING ENVIRONMENTALLY SOUND MANAGEMENT
OSW has two main activities to carry out environmentally sound management: making the program
more effective and rational, and enforcing statutory requirements. OSWER has no STARS measures
to track state capacity planning, although this is an important program element
More Rational RCRA Subtitle C Program
For RCRA facility permitting and closure, STARS data at mid-year show regions and states:
• Approved closure plans of 220 facilities by third quarter, up from 113 this time last year.
Many closure plan approvals are for facilities losing interim status or are non-notifiers.
OSW's priorities for these facilities are to complete Part-B Applications and corrective action.
• Made operating permit decisions for 66 facilities by third quarter, up from 62 this time last
year. At operating facilities, OSW's priority is for corrective action at high risk facilities
(where needed).
Enforcing Statutory Requirements
In FY 1993, the RCRA enforcement program will emphasize compliance with regulations regarding
incinerators, boilers, and industrial furnaces. It will conduct inspections of treatment, storage, and
disposal facilities to ensure compliance with operating requirements and corrective action schedules
(if any), as well as inspections of transporters and large quantity generators. The regions and states
will focus on addressing facilities that have been in significant noncompliance (SNC) for long
periods.
By the end of the third quarter, there were inspections at:
24 land disposal facilities by regions (compared to 56 for the same period last year);
669 land disposal facilities by states (compared to 770 last year).
91 treatment, storage and disposal facilities by regions (compared to 109);
859 treatment, storage and disposal facilities by states (compared to 1,070).
211 federal, state and local treatment, storage and disposal facilities; and
4,437 hazardous waste generators.
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FY 1993 Third Quarter Report
OSWER
During the first three quarters, EPA referred 13 RCRA civil cases to the U.S. Department of Justice
and 22 criminal cases to the Office of Criminal Enforcement compared to 22 civil cases and 32
criminal cases for the same period last year. The states reported 11 criminal actions and 75 civil
actions for the first three quarters. EPA issued 140 formal administrative actions compared to 171
for the same period last year. The states issued 993 administrative actions compared to 958.
RECENT RCRA ENFORCEMENT RESULTS
There are 1,920 facilities, up eight facilities since last quarter, in full physical compliance with no
outstanding class I violations. This is a new measure of good performance.
Three facilities where class I violations are on compliance schedules with no. schedule violations;
277 facilities in SNC for three-plus years with a formal enforcement action;
491 facilities with same subsequent violations after a FY 1991 formal enforcement action; and
567 facilities with same subsequent violations after a FY 1990 formal enforcement action.
PREPARING FOR AND RESPONDING TO RELEASES
OSW estimates that about 50-70% of 4,218 treatment, storage, or disposal facilities need corrective
action because of releases. By the end of the third quarter, STARS data showed:
• 15 NCAPS high priority facilities had information collection and study started (Stage I);
• 11 have had remedy development and selection started (Stage n), the same as last year,
• 264 facilities have been evaluated for immediate stabilization measures (where needed), down
from 244 this time last year, and
• 24 have had remedy or stabilization started (Stage HI), about the same as last year.
• Eight corrective actions were made at high environmental priority facilities which are
medium/low NCAPS priority.
SUPERFUND
The Office of Emergency and Remedial Response (OERR) and OWPE implement the Superfund
program established by the Comprehensive Environmental Response, Compensation and Liability
Act (CERCLA) of 1980, as amended by the Superfund Amendments and Reauthorization Act
(SARA) of 1986. OERR addresses abandoned hazardous waste sites through the Hazardous Waste
Trust Fund (Superfund) for emergency removals and long-term remediation, and OWPE uses
enforcement actions to encourage potentially responsible parties (PRPs) to clean up the 1,286 sites
now on the National Priority List (NPL). OERR and OWPE have several activities to promote
environmentally sound management, and to prepare for and respond to releases.
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OSWER
FY 1993 Third Quarter Report
ENSURING ENVIRONMENTALLY SOUND MANAGEMENT
SARA increased the emphasis on ensuring the effectiveness of long term cleanup solutions for
Superfund sites. By mid-year, Superfund completed cleanup construction at 163 NPL sites.
NPL SITE
CLEANUP STAGE
Remedial Investigation/
FS or Removal Started
Remedies Selected plus
Removal Started
Remedial Action
Started On Site
Remedial Action
Completed for OUs
NPL Site Cleanups
Completed
Through 3nd
Qtr (Actual)
9
63
40
39
163*
End of This
Year (Goal)
30
172
67
200
End of Last
Year (Actual)
35
120
101
68
149
Comments
Only half of 3rd Qtr target
met. Low results in 2 regions.
Half of 3rd Qtr target met.
Low results in 5 regions.
80% of 3rd Qtr target met.
Low results in one region.
Not targeted. May be more
than one Operable unit per
site.
Site cleanups added in 4
regions.
* Note: Per Superfund staff, as of June 30th, 172 NPL sites had been cleaned up, and regions
estimated meeting or exceeding the end of year goal of 200 sites cleaned up.
OSWER has no STARS measures to track innovative technology, or the Superfund Accelerated
Cleanup Model which has pilots in each region this year.
PREPARING FOR AND RESPONDING TO RELEASES
Improve Site Identification and Remediation
OERR is trying to reduce the time from site identification to effective response. STARS data show
nine NPL sites with first activity (a removal or remedial investigation or feasibility study started),
over five last quarter. OSWER has no STARS measures to track progress cleaning up non-NPL
sites, even though these take time and resources. Each year about 1,750 site investigations are done,
resulting in 60-80 sites nominated for the NPL.
Enforcing Statutory Requirements
In FY 1993, the Superfund enforcement program will continue to both expand the universe and
accelerate the process of private party response by emphasizing:
• Timely and thorough searches for PRPs;
• Negotiation of Remedial Investigation/Feasibility Study and Remedial Design/Remedial
Action agreements within established firm deadlines;
• Implementation of the Superfund Accelerated Cleanup Model by participating in negotiations
on enforcement activities for PRP responses at earlier stages of the Superfund process;
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FY 1993 Third Quarter Report
OSWER
• Compliance with consent decrees and administrative orders; and
• Compliance with the terms of settlement agreements, unilateral orders, and judgments to
implement response action by taking enforcement actions where necessary.
In the Office of Enforcement Docket, the total number of CERCLA § 107 cost recovery referrals to
DOJ, including those less than $200,000 and/or those
involving proof of claim bankruptcy issues, was 28 for
the first three quarters of FY 1993 compared to 31 for
the first three quarters of FY 1992. There were 13
§106/107 referrals in FY 1993 compared to 25 §106/107
referrals last year. Overall, there were 55 CERCLA civil
referrals during the first three quarters compared to 72 in
FY 1992 and 50 in FY 1991. During the first three
quarters of FY 1993, 128 administrative orders (AOCs
and UAOs) were issued compared to 139 last year.
RECENT SUPERFUND ENFORCEMENT RESULTS
• 20 RD/RA settlements (consent decrees
referred to DoJ and UAOs in compliance);
• No RD/RA injunctive referrals under §107,
§106/7;
• 50 cost recovery actions/decisions taken over
$200,000;
• 2 deminimis §122 settlements and PRP
signatories; and
• No de minimis §122 settlements and PRP
signatories prior to first ROD.
ACCIDENTAL RELEASES
The Chemical Emergency Preparedness and Prevention
Office (CEPPO) manages a program under the
Emergency Planning and Community Right-to-Know Act of 1986, the Clean Air Act Amendments
of 1990 as it relates to accidental chemical releases, and the Hazardous Materials Transportation
Uniform Safety Act of 1990. CEPPO has activities to track and prevent harmful accidental releases,
and to prepare for and respond to accidental releases.
PREVENTING HARMFUL RELEASES
CEPPO's strategy is to improve release prevention practices and technologies by chemical safety
audits in companies, which are done to review where improvements can be made and the options for
implementing better safety measures. By the end of the third quarter, STARS data show 24 chemical
safety audits were conducted on site with final reports submitted.
PREPARING FOR AND RESPONDING TO RELEASES
CEPPO participated in the Federal Response Plan for the flooding of the Mississippi and other rivers
in the midwest. The Agency is leading the effort to monitor water, solid, and air. CEPPO is
assembling a Flood Data System with lists of sites
and facilities to help local officials identify potentials
for accidental releases due to the flood.
RECENT RESULTS IN PREPARING FOR AND
RESPONDING TO ACCIDENTAL RELEASES
686 technical assistance and training activities
carried out against a target of 309;
346 facilities with releases returned Accidental
Release Information Program questionnaires;
74 penalty enforcement actions with final
complaints were referred to the Office of
Regbnal Counsel with evidence, against a
target of 67.
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OSWER FY 1993 Third Quarter Report
OIL POLLUTION ACT
OERR manages a program under the Oil Pollution Act (OPA) of 1990 to address releases of oil from
above ground storage tanks. The OPA program has activities to prevent harmful releases and to
prepare for and respond to releases.
PREVENTING HARMFUL RELEASES
All major above ground oil storage facilities must have their response plans reviewed and approved
by February 1995, or stop handling, storing, or transporting oil. Nationwide, there are about 6,000
major above ground oil storage tank facilities which are the highest risk (high volumes or vulnerable
water resources). Pending finalization of the Facility Response Plan regulation, over 4,000 major
above ground oil tank storage facilities have sent in plans to regional offices.
PREPARING FOR AND RESPONDING TO RELEASES
Improve Site Identification and Remediation
To improve identification and remediation, OERR plans and conducts responses to oil spills from
major above ground oil storage tank facilities. By the end of the third quarter, STARS data show:
• 19 OPA-funded oil spill cleanups;
• Four administrative or judicial penalties against violations of the OPA or prevention
regulations.
UNDERGROUND STORAGE TANKS
The Office of Underground Storage Tanks (OUST) manages a program under Subtitle I of RCRA to
address leaking petroleum (and in some cases chemicals) from underground storage tanks (USTs).
The Agency has activities to prevent harmful releases and to prepare for and respond to releases.
PREVENTING HARMFUL RELEASES
OUST implements a program to reduce the harmful effects of releases from underground storage
tanks. Although there are about five to seven million underground storage tanks in the nation,
OUST regulates about 1.3 million, of which 15-25% have leaked or will leak. In addition, about
705,000 USTs have been closed to date, up 200,000 this last year.
All states and territories currently implement UST programs. STARS data show:
• 13 states have had their UST programs authorized by Regional Administrators;
• Three additional states have submitted complete applications; and
• 20 more states have submitted draft applications for review by the regions.
OUST works with states and industry to improve UST owners' use of leak detection methods and
leak prevention practices, through outreach efforts and developing industry codes that address how
tank upgrades and leak detection should be done. Also, eight regions have active field citation
programs to promote compliance with leak detection violations.
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FY 1993 Third Quarter Report OSWER
PREPARING FOR AND RESPONDING TO RELEASES
Enhance State Cleanup Capabilities
To enhance state capabilities to clean up hazardous and petroleum waste sites, OUST works to
promote alternative technologies through various activities such as training and demonstration
projects, and streamlining of state administrative processes to find better ways to conduct and
supervise cleanups. Since the program started in 1987, current STARS data show:
• 226,791 underground storage tanks with confirmed releases, up 10,000 from last quarter,
• 173,834 (77% of leaking USTS) with cleanups initiated, up 4,000 from last quarter, and
• 79,488 (35% of leaking USTS) with cleanups completed, up 5,000 from last quarter.
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FY 1993 Third Quarter Progress Report
OFFICE OF WATER
INTRODUCTION
ow
The Water Program's mission, as stated in its draft strategic plan Water Planet IV, is to maintain
environmental and human health gains, to prevent or reduce pollution to maximize risk reduction,
and to restore high-priority resources.
The FY 1993 Quarterly Progress Reports chart the Office of Water's (OW) progress in meeting its
program priorities as expressed in the FY 1993 Agency Operating Guidance and accompanying
activity measures tracked in Strategic Targeted Activities for Results System (STARS). This
discussion of program priorities and progress will be organized by environmental problem areas.
POINT and NONPOINT SOURCES
Threats to rivers, streams and lakes are characterized as point or nonpoint in origin. Point source
discharges include industrial and municipal effluent; pollutants of concern include total suspended
solids, toxic organics and inorganics and thermal pollutants. Nonpoint source discharges include
runoff from agriculture, urban, industrial and silvicultural lands; surface discharge of septic tanks;
contaminated sediment; acid deposition; solid waste disposal; hazardous waste sites; and pesticide
runoff.
The goal of the Water Program is to reduce loadings to improve ambient conditions. Current
strategies are to target pollution prevention and control activities. As described below, some
activities in support of this goal are tracked in STARS.
POINT SOURCES
Construction Grants and State Revolving Fund (SRF)
The Construction Grant Program provides monies to local
governments for the construction of waste water treatment
facilities. The 1987 Clean Water Act (CWA) amendments
provided no new additional monies for the Construction
Grant Program after FY 1990, but provided new
resources for the State Revolving Fund Program (SRF)
and special projects under the SRF. The SRF provides
assistance to states for wastewater treatment facilities,
nonpoint source pollution control, and estuary projects.
Region* Remain M 89% of Target lor
Construction Grant & SRF Outlays
100% 120
140
In terms of dollars, the construction grant/ SRF program is FJ»A's largest. The program has
provided financing and grants to more than 13,000 interstate agencies and state and municipal
governments for the construction of over 5,800 Publicly Owned Wastewater Treatment Works
(POTW). Three thousand and five hundred active construction grant projects worth $27 billion
remain to be completed and closed-out OW explained that outlays continue to lag due to decisions
by the State of New York to change the basic structure of its SRF program. The unusually wet
weather in the State of California also impacted outlays for Region IX.
In response to the 1987 CWA Amendments, OW developed a national strategy to expedite closeout
of the Construction Grant Program. The strategy calls for the administrative completion of all
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FY 1993 Third Quarter Progress Report
construction grant projects by FY 1995 and project closeout by the end of FY 1997. Through
second quarter, regions reported that 39% of the administrative completions and 51% of the project
closeouts for FY 1993 had been completed. Data on administrative completions and closeouts will
be reported again in fourth quarter.
National Pollutant Discharge Elimination System (NPDES) Permits and Enforcement
NPDES Permits:
The NPDES permit program is the key regulatory tool for
limiting point source discharges. Originally designed to
control conventional pollutants, the program now also limits
toxics and combined sewer overflows (CSOs). STARS tracks
permits reissued or modified with water quality-based limits
for toxics by EPA and the 39 delegated states. NPDES
permits ensure that a discharge does not violate state water
quality standards and therefore protect against adverse impacts
to aquatic life and human health.
NPDES
Non-Delegated States |
EPA regional performance in re-issuing permits is
well below last year's performance at mid-year.
Historically performance in the first half of the
year has been low, with regions and states making
up the majority of the work by the EOY. Data on
this measure will be reported in fourth quarter.
Discussions with OW indicate performance will
improve, but the end of the year target will not be
met.
Compared to previous levels of
activity. Regions may not make the
EOY expectation.
Q? Q4
AVERAGED FY 90-92
* Q2 *uug*t* extrapolated
tram provratm y»«t».
QH
FY1993
CH
NPDES Enforcement
The principal FY 1993 enforcement objective for the NPDES program is to maintain high levels of
compliance utilizing the SNC/Excepu'on reporting and enforcement process.
Compliance of Major NPDES Facilities:
In the third quarter, the compliance rate for major industrial and municipal facilities was similar to
last quarter and the third quarter last year. Compliance rates for major municipal facilities (about
3,950 sources) was 90%, the same as a year ago. Major industrial facility compliance (about
3,100 sources) was 93%, up one percent from a year ago. The compliance rate for major Federal
facilities (about 150 sources) decreased to 86% compared to 90% last quarter and 95% a year ago.
Regions DC and VKI have the highest rates of compliance while Region V shows the lowest
compliance rate for both municipal (84%) and industrial facilities (90%).
Inspections of Major NPDES Facilities:
OW has targeted 6,287 inspections of major facilities during FY 1993. The regions and states
have conducted 4,558 of these inspections through the third quarter, about 72% of the end-of-year
target. Five regions (I, n, HI, IV, and V) have completed at least 75% of their annual target, led
by Region V with 81%. Two regions have completed just over half of their targeted inspections
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FY 1993 Third Quarter Progress Report
OW
(Region X - 51% and Region DC - 53%) and will need to greatly accelerate inspections during the
last quarter to make their target
NPDES Enforcement Activity:
At the beginning of the quarter, the NPDES violator
exception list included 104 facilities. During the third
quarter, 39 facilities returned to compliance and 21 were
subjected to an enforcement action. The remaining 44
unresolved facilities plus 52 new SNCs added as
exceptions during the quarter constitute the pending balance
of 96 facilities.
The exceptions list tracks the
compliance status of major NPDES
permittees listed in SNC on two or more
consecutive noncompliance reports
without being addressed with a formal
enforcement action.
NPDES enforcement outputs remain lower overall than a year ago. Through the third quarter,
EPA has referred 20 NPDES civil referrals and 19 criminal referrals to DOJ compared to 22 civil
and 17 criminal last year. The regions also issued 858 administrative orders to violators compared
to 1,060 at this time last year. The orders include 129 administrative penalty orders (139 last
year).
States have referred 72 judicial cases to their State Attorneys General during FY 1993 compared to
89 over the same period last year. The states have also issued 1,114 administrative orders in FY
1993, down somewhat from 1,310 over the same period last year. The state orders include 269
penalty orders.
Pretreatment Enforcement Activity:
OW is reporting on its enforcement efforts in the pretreatment program. Pretreatment programs
assure that POTWs enforce controls to protect human health and the environment from
conventional, hazardous and toxic pollutants.
OW reports that 36 POTWs are in SNC, about 2% of all pretreatment programs. Of the 36
POTWs in SNC, 26 are in Regions III and IV. This year, 922 POTWs with approved
pretreatment programs were targeted for inspections. To date, EPA and the states have completed
529 (57%) of the inspections. Three regions (and their states) have completed less than 35% of
their inspections; Region X (7%), Region IX (17%), and Region II (34%). Two Regions (and
their states) have completed at least 75% of their inspections, Regions HI and Vn.
Through the third quarter, EPA has issued 85 pretreatment administrative orders and referred one
pretreatment civil judicial case. The orders include 53 orders issued to industrial users.
States have issued 18 state orders and referred six judicial cases. Twelve of the 18 orders were
issued to industrial users.
Storm Water
Storm water runoff is a part of the natural hydrologic process. However, human activities,
particularly urbanization, can alter natural drainage patterns and add pollutants to the rainwater and
snowmelt that enters our nation's rivers, lakes, streams, and coastal waters. The National Water
Quality Inventory, 1990 Report to Congress indicates that roughly 30% of identified cases of
water quality impairments are attributable to storm water discharge. To address this problem, the
CWA required EPA to publish regulations to control storm water discharge under NPDES.
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FY 1993 Third Quarter Progress Report
NPDES storm water discharge permits will allow the states and EPA to control pollution. A
baseline general permit regulates storm water discharges associated with industrial activities.
The goal of the storm water program is to improve the
water quality by reducing the pollutants contained in storm
water discharges. STARS tracks the number of baseline
permits issued for industrial sources and the number of
Notices of Intent (NOI's) covered by one of those general
permits during second and fourth quarter. During second
quarter, regions and states reported issuing 26 baseline
permits and receiving 14,364 NOI's. Information on this
measure will again be reported fourth quarter.
Combined sewer systems are designed
to transport both sanitary and industrial
wastewaters as well as storm water
runoff to POTW treatment facilities for
treatment prior to discharge to receiving
water bodies.
NONPOINT SOURCES (NFS)
Watershed Assessment
The OW will continue to assist states in implementing approved state NPS management programs
under Section 319 of the CWA, and will continue to support the Agricultural Pollution Prevention
Strategy. In addition, OW will continue to support the states in the development of the Total
Maximum Daily Loads (TMDLs) as a basis for priority watershed assessment and protection
programs.
STARS will track, in the fourth quarter, the degree to which states are actively implementing NPS
controls and management practices in the watersheds of the priority waterbodies. As with last
year, STARS will also track the total number of complex and non-complex TMDLs. This
information will be used as baseline data for tracking impaired and threatened waterbodies.
ESTUARIES, COASTS, AND OCEANS
In support of ecological protection to
ensure healthy fish and wildlife populations,
current program objectives include:
• increasing the percentage of waters fully
supporting aquatic life use in targeted waters;
• decreasing the dead zones in
geographically targeted waters; and
• reducing the amount of debris in the marine
environment.
In the National Water Quality Inventory: 1990 Report
to Congress, 22 states provided use-support
information on their estuarine waters. Of the total
26,500 square miles assessed, 56% were found to
fully support designated uses.
Threats to estuaries and coastal waters are similar to
those affecting rivers, lakes, and streams. Problems
of particular concern in coastal waters include
contaminated shellfish waters and impacts on unique
estuarine and marine ecosystems such as sea grasses, shrimp nurseries, and habitats for migratory
fish such as shad and salmon.
Triennial Review
The emphasis of these reviews is the reduction of ecological risk to critical waterbodies. The
requirements are designed to enhance the ability of states to adopt water quality standards that will
reduce risks facing aquatic resources, particularly from nonpoint sources, combined sewer
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FY 1993 Third Quarter Progress Report
OW
overflows, and storm water runoff. The critical waterbodies targeted include wetlands and coastal/
estuarine areas; but may also include lakes, streams, and rivers.
• Three states have completed reviews, meeting the target through third quarter. Nationally,
states are targeted to complete an additional 20 reviews by EOY.
• Originally, all 57 states and territories had been targeted for review through FY 91-93;
however, only 9 states are expected to meet ajl the national program objectives for this triennial
review cycle. A total of 20 states and territories completed reviews in FY 91-92.
National Estuary Program (NEP)
The NEP assists state and local implementation of
Comprehensive Conservation and Management Plans
(CCMPs) which outline recommendations critical to
improving or preserving the environmental integrity of 21
targeted estuaries. The development of a CCMP has four
phases:
1) creating a decision-making framework through
involvement of EPA and all stakeholders;
2) characterizing the estuaries' priority problems and
their probable causes;
3) developing the CCMP (tracked in STARS); and
4) approving and implementing the CCMP.
Additional progress for the NEP will be reported in
fourth quarter. (However, a draft CCMP for Long
Island Sound was submitted in third quarter).
Ocean Dumping
17 Management Conferences
of the NEP
Puget Sound - final FY91
Buzzards Bay - final FY92
Narragansett Bay - final FY92
San Francisco Bay - draft FY92
Albemarle-Pamlico Sounds - draft FY92
Long Island Sound - draft FY93
New York-New Jersey Harbor
Delaware Inland Bays
Santa Monica Bay
Sarasota Bay
Galveston Bay
Delaware Bay
Casco Bay
Massachusetts Bay
Indian River Lagoon
Tampa Bay
Barataria-Terrebonne Bays
-- nominated but not convened -
Peconic Bay, New York
San Juan, Puerto Rico
Corpus Christ), Texas
Tlllamook Bay, Oregon
Under the Ocean Dumping Act, EPA is assigned responsibility for designating ocean dumping
sites. STARS tracks two stages in the process of designating a dumping site: environmental
impact statements (EIS) and final actions. A final action is used to determine whether the site will
actually be designated for ocean dumping. Progress on these stages will be reported in fourth
quarter. Four final EISs (Miami, San Francisco, Umpqua, Rogue) and five final actions
(Massachusetts Bay, Norfolk, Miami, Umpqua, and Rogue) are targeted for fourth quarter.
WETLANDS
A variety of activities and physical alteration can result in damage to wetlands and habitats.
Channelization, dam construction and operation, surface and ground water withdrawals, urban
development, and the disposal of dredged material are all among the disturbances which alter water
quantity and flow patterns in wetlands and other aquatic ecosystems. The goal for our nation's
wetlands is "no net loss" as measured by acreage and function. Over time, the Agency seeks to
help achieve an increase in the quality and quantity of the nation's wetlands.
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OW FY 1993 Third Quarter Progress Report
The Wetlands program implements and enforces CWA §404. It uses a variety of strategic
approaches to promote wetlands protection activities, including making advance identifications,
working with federal and state agencies, providing public education and outreach and assisting in
wetlands resource planning.
In FY 1993, STARS tracks strategic initiative activities undertaken by the regions to improve
protection of wetlands and other critical aquatic habitats. In third quarter, regions completed
nineteen additional major public education/outreach initiatives, five comprehensive management
and planning initiatives, and four geographically targeted initiatives. Nearly half of the Wetlands
public education and oureach initaitives completed to-date have been completed this year.
§404 ENFORCEMENT
FY 1993 enforcement priorities identified by the wetlands program include participation in the
geographically based enforcement initiatives and expanded use of judical and administrative
enforcement authorities. STARS tracks enforcement cases initiated and resloved. During second
quarter, the Federal wetlands enforcement program issued 77 administrative compliance orders
including 20 for penalties. Regions also reported 127 cases were resolved. Enforcement activity
was not reported this quarter.
DRINKING WATER
In FY 1993, OW will continue to emphasize regulatory development for contaminants specified in
the 1986 Safe Drinking Water Act (SDWA) Amendments. Significant progress has been made on
major regulations (for example, disinfection by-products and radionuclides) and on the analyses
required by the Chaffee-Lautenberg amendments to the 1993 appropriations bill.
The overall strategic planning goal for Drinking Water is to ensure, by enforcing existing and new
regulations, that all Americans have drinking water of quality sufficient to protect their health.
Program activities include increasing enforcement to maintain and improve compliance rates,
building state capacity and providing increased public education to help speed the adoption of new
regulations by the states, and improving the Agency's scientific and technical base to strengthen
federal, state, and local decisionmaking.
Public Water Systems Supervision (PWSS)
The drinking water program regulates public water systems (PWSs). PWSs are defined by SDWA
as those systems that provide piped water for human consumption and that have 15 or more service
connections or regularly serve 25 or more people.
In FY 1993, the PWSS program is working with states to ensure adequate resources and to
promote effective implementation of drinking water programs, and also to address primacy
retention issues. Regions report that all states have adopted the SDWA regulations for Volatile
Organic Compounds, Public Notice, and Total Coliform. With the addition of Kansas during third
quarter, all states have adopted the Surface Water Treatment Rule. A total of 22 states have
adopted both Phase n and the Lead/Copper rules.
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FY 1993 Third Quarter Progress Report OW
PUBLIC WATER SYSTEMS SUPERVISION ENFORCEMENT
The objective of the PWSS enforcement program is to protect public health by ensuring compliance
with drinking water standards. Violations of drinking water regulations are reported into a national
database. Systems with large numbers of violations or those where the levels of contamination
exceed a short term acceptable risk level become "significant noncompliers" (SNCs). SNCs that
do not return to compliance and are not addressed by an enforcement action within a specified time
become "exceptions." Actions taken on SNCs/exceptions are monitored closely using the
SNC/exception report. States and regions are expected to initiate enforcement actions against
SNCs/exceptions promptly or, in certain instances, initiate other actions that will return a system to
compliance quickly.
Follow-up of the 337 SNCs for microbiological/turbidity (M/T) reported as "new" for the third
quarter FY 1993 has resulted in 67% being resolved by either returning to compliance or by an
enforcement action during the timely and appropriate period. The remaining 111 systems have
been added to the exceptions list. Follow-up on the 204 new chem/rad SNCs for the same period
resulted in 68% being resolved. The remaining 64 systems have been added to the exceptions list.
Through the first three quarters of FY 1993, 64% of die new M/T and 70% of the new chem/rad
SNCs have been addressed in a timely and appropriate fashion. These statistics represent an
improvement over FY 1992.
Of the 455 exceptions for M/T which existed at the beginning of the third quarter, a total of 185 or
41% were resolved by either returning to compliance or initiating enforcement action by the end of
the quarter. The other 270 systems remain to be addressed. In addition, at the end of the third
quarter 111 systems were added to the exceptions list; thus a total of 381 systems are on the M/T
exceptions list to be addressed. Through the first 3 quarters of FY 1993, states and regions have
addressed a total of 536 or 67% of the M/T exceptions.
Of the 242 chem/rad exceptions which existed at the beginning of the third quarter, 99 or 41%
were resolved in the same time period, leaving 143 systems to be addressed. In addition, 64
systems were added to the exceptions list at the end of the quarter. Therefore, at the beginning of
the fourth quarter, there are a total of 207 chem/rad exceptions to be addressed. Through the first
three quarters of FY 1993, States and Regions have addressed a total of 248 or 63% of the
chem/rad exceptions.
EPA enforcement activity for the first three quarters of FY 93 included issuance of 1,124 notice of
violation, 501 proposed administrative orders, 205 final administrative orders, 4 emergency
orders, 27 complaints for penalty, and 4 new civil referrals. In the first three quarters of FY 93,
States issued 406 administrative compliance orders, referred 100 civil cases, and filed 4 criminal
cases.
GROUND WATER
Ground water supplies drinking water for about half of the U.S. population, and several states
depend on ground water for over 90% of their drinking water. All forms of ground water
pollution comprise this problem area. Pollution sources include fertilizer and pesticide leaching,
septic systems, road salt, all injection wells, waste treatment, storage and disposal sites, Superfund
sites, nonwaste material stockpiles, pipelines, and irrigation practices. The list of possible
contaminants is extensive, including nutrients, toxic inorganics and organics, oil and petroleum
products, and microbes.
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ow
FY 1993 Third Quarter Progress Report
EPA's overall goals are to prevent adverse affects to human health and the environment and to
protect the environmental integrity of the nation's ground water. Progress in activities to meet
these goals is described in the following sections.
Comprehensive State Ground Water Protection Programs (CSGWPP)
The CSGWPPs provide a state-level framework that seeks
to integrate the various federal, state, and local government
ground water activities. Integration will extend beyond
various ground water pollution source control programs to
include ground water data systems, coordinated federal
grant assistance to states, and consistent ground water
regulations. The final guidance for this program was
released in second quarter. Participating states will develop
their programs through a multi-step process over several
years, and progress will be reported to STARS annually (in
fourth quarter). Pilot programs are underway in 11 states.
Wellhead Protection Program fWHPPI
The Wellhead Protection Program is a vital and key
component of the CSGWPP and serves as a prime example
of OW's pollution prevention efforts to protect underground
sources of drinking water. Priority will be given to
contaminating shallow injection wells in targeted wellhead
protection areas. Because the CSGWPPs are required to
include an approved WHPP, the number of WHPPs is
expected to increase in future years. One plan, from West
Virginia, has been approved this year.
The Water Program has identified a set
of priority objectives to meet its ground
water goals including:
• increase the number of states
implementing Comprehensive State
Ground Water Protection Programs;
• increase state and local involvement
in the Wellhead Protection Program; and
• work to eliminate all identified
hazardous waste and endangering
shallow injection wells, and ensure
continued compliance for the operation
of all other injection wells.
Wellhead Protection Plans compared to ground
water use.
Cumulative
FY 9O-13 states
FY91-17
FY 92-26
FY93.Q3-27
Stales with approved programs.
I Stales most heavily using ground
' water resources. (EnvHonrrwntaf
Trends, CEO, 1989)
Underground Injection Control (UIC)
The Underground Injection Control (UIC) program is the key regulatory tool for protecting
underground sources of drinking water (USDW) from injection practices that might endanger
human health and the environment. In FY 1993 the UIC implementation program is focusing on
three objectives: assuring the mechanical integrity of deep wells, increasing voluntary closures of
shallow Class V wells that pose the greatest risk to USDWs, and examining Class I hazardous
waste well permits for compliance with RCRA land ban requirements. In third quarter, regions
reported that over 25,000 EPA Direct Implementation wells plus state primacy wells had been
tested, exceeding the target of 20,581 wells.
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FY 1993 Third Quarter Progress Report OW
UIC ENFORCEMENT
The UIC enforcement program focused on three objectives in FY 1992: identifying noncompliers,
maintaining compliance through enforcement, and reducing risk to public health and the
environment through Class IV and Class V well closures.
Field inspections, MTTs and self-reporting through the second quarter have identified 1,983 wells
as being in SNC: 1,753 by the states and 230 by EPA. This is an increase from the number of
SNCs (1,888) that were identified at this time last year. At the end of the third quarter there were
208 wells on the Exceptions List (wells which have remained in SNC for 90 or more days without
a formal enforcement action). Most of these are wells in Regions I (53) and Region V (132).
Through the third quarter, EPA proposed 81 and issued 47 final administrative orders.
A total of 668 Class IV and V wells were closed through the third quarter 307 EPA and 361
primacy). Well closure requires the owner/operator to permanently discontinue injection of an
unauthorized and endangering fluid contaminant which is in violation of RCRA, SDWA, or other
applicable regulation(s).
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40
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FY 1993 Third Quarter Progress Report OE
OFFICE OF ENFORCEMENT
INTRODUCTION
The Office of Enforcement (OE) Strategic Plan is an operative guide for media-specific,
cross-program, and multi-media enforcement. Activities within OE's purview aim toward: targeting
compliance monitoring and enforcement resources to achieve environmental results; screening for
enforcement response to realize the full potential of enforcement authority; and, gaining maximum
leverage from each individual enforcement action.
REGIONAL MULTI-MEDIA ENFORCEMENT ACTIVITIES
This is the second year that OE has gathered data on regional multi-media enforcement activities and
reported it to STARS. These data represent a new focus for OE and the regions, with the
multi-media view providing a more encompassing perspective of the Agency's enforcement activity
than that of the more traditional vision of single-media enforcement efforts.
With the exception of fourth quarter last year, quarterly reporting on regional multi-media activity has
been spotty and inconsistent across regions. Because of this, third quarter comparisons across
regions between FY 1992 and FY 1993 are not particularly meaningful. However, end-of-year
reporting in FY 1993 should provide an opportunity to make comparisons at the national level. In FY
1993, with two exceptions, each region has reported multi-media enforcement activities through third
quarter; Region Vffl has yet to report any multi-media activities this year and Region IX has reported
activities only through second quarter.
MULTI-MEDIA CONSOLIDATED INSPECTIONS
A consolidated inspection occurs when a single inspection covers two or more programs. By the end
of third quarter, FY 1993, regions conducted a total of 132 consolidated inspections. The 132
multi-media consolidated inspections included 317 program-specific inspections (within eleven
different programs).
MULTI-MEDIA COORDINATED INSPECTIONS
A coordinated inspection is one in which no more than three months have elapsed between inspection
by one program and subsequent inspection by another program. The coordinated inspection must be
the result of prior collaboration and planning between programs. The regions report completing 31
multi-media coordinated inspections through third quarter; these included 55 program-specific
inspections in seven different programs.
MULTI-MEDIA CIVIL JUDICIAL REFERRALS
Civil judicial referrals include both consolidated referrals and coordinated referrals. A consolidated
referral is one in which: at least two discrete environmental problems from different programs
combine to form one referral package; or, an existing judicial referral or complaint expands to include
41
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OE
FY1993 Third Quarter Progress Report
an additional violation from a different program. A coordinated referral is a separate referral package
related to an existing referral or complaint; for these, the consent decree negotiations are resolved
jointly although the referrals or complaints are not combined. The regions reported eight multi-media
civil judicial referrals through third quarter of FY 1993.
MULTI-MEDIA ADMINISTRATIVE OR JUDICIAL ACTIONS
Multi-media administrative and judicial actions include actions meeting the STARS criteria of the
various programs - usually administrative orders. Regions recorded eight multi-media administrative
actions during the first three quarters of the year, one of these was coordinated with a judicial action.
SINGLE-MEDIA ACTIONS WITH MULTI-MEDIA SETTLEMENTS
Single-media actions with multi-media settlements include single-media settlements with multi-media
Supplemental Environmental Projects, multi-media pollution prevention projects, or settlement
provisions addressing an environmental problem under a different program not part of the original
case referral. By the end of third quarter, FY 1993, regions recorded five multi-media settlements
occurring because of single-media actions.
SINGLE-MEDIA INSPECTIONS UTILIZING A MULTI-MEDIA CHECKLIST
This is the first quarter that this information has been reported (with three regions reporting
cumulative activity through third quarter). Regions I, n, and V reported a total of 1,968 single-media
inspections that incorporated a multi-media checklist. Region n accounted for 1,860 of these
inspections.
60
SO
40
30
20
10
0
FY 1993 MULTI-MEDIA ENFORCEMENT ACTIVITIES
At The End Of Third Quarter
Through third quarter, Region II performed
40% of the nationally reported consolidated
inspections activity and 32% of the coordi-
nated inspections activity.
Rffl
HIV
Multi-medt Conolickted Inpection
Other Multi-mob Enforcement Activities
RV RVI Rvn Rvnr RDP RX
I I Multi-meda Coonimted bcpectiooc
Region VIII has not reported any multi-media enforcement activity during FY 1993.
Region IX activity reflects cumulative activity at the end of second quarter, FY 1993.
Other Multi-media Enforcement Activities include multi-media civil judicial referrals,
administrative or judicial actions, and single-media actions with multi-media
settlements.
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FY1993 Third Quarter Progress Report OE
CIVIL ENFORCEMENT
CONSENT DECREE REVIEW
Through third quarter of FY 1993, OE reported having reviewed and approved 58 consent decrees.
The Office targets 35 days as an average for reviewing proposed consent decrees. The average
review time for the 58 decrees was 38 days; 28 of the 49 reviews exceeded the 35 day average review
time standard. Through third quarter, the amount of time taken to review a consent decree has
ranged from one day to 149 days.
CONSENT DECREE TRACKING AND FOLLOW-UP
Regions report 864 active consent decrees at the end of third quarter, FY 1993. Of these, the status
of 452 (52%) decrees was reported and the status of 412 (48%) consent decrees was unknown or
unreported.
Together, Regions ffl, IV, VH, and Vm reported 313 active consent decrees at the end of third
quarter, FY 1993; the status of all 313 decrees is unreported (or unknown) - these regions account
for 76% of the active consent decrees in the unreported or unknown category.
Of the 452 consent decrees with known status: 375 (82%) were in compliance; 54 (12%) were in
violation and had an enforcement action taken; 12 (3%) were in violation and had a formal
enforcement action planned; and, 11 (2%) were in violation but had no formal enforcement action
planned or deemed necessary.
Since second quarter, the percentage of consent decrees on which OE has reported current status has
increased significantly (from 27% to the current 52%). This appears to be an indication of some
success in OE's effort to address the staffing shortfall engendered by the loss of the CSC contractor
staff that previously provided data update services for OE's Consent Decree Enforcement Tracking
System.
CIVIL REFERRALS AND FOLLOW-THROUGH ON ACTIVE CIVIL CASES
Through third quarter of FY 1993, the Agency referred a total of 136 new civil cases to DOJ. The
status of these new active civil cases at the end of third quarter was as follows: 126 were pending at
DOJ; four were filed in court; and two were concluded after filing. By the end of third quarter, FY
1992, the Agency had referred 165 new civil cases to DOJ.
At the end of third quarter, the docket listed 1,090 civil cases active (not concluded) at the start of
FY 1993 (this number is up from 1,067 at this point one year ago). The status of the 1,090 cases at
the end of the quarter was as follows: 361 were pending at DOJ; 47 were returned to the regions; 26
were concluded before filing; 567 were filed in court; and 89 were concluded after filing. Of the
1,090 active pre-FY 1993 cases, 373 have been ongoing for more than two years since being filed.
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OE FY 1993 Third Quarter Progress Report
CRIMINAL ENFORCEMENT
CRIMINAL REFERRALS AND ACTIVE CRIMINAL CASE FOLLOW-THROUGH
There were 289 new criminal investigations opened through third quarter of FY 1993. At the end of
third quarter one year ago, 128 new criminal investigations had been opened. There were a total of
452 criminal investigations open at the end of third quarter, FY 1993.
The regions referred 55 new cases to HQ during the first three quarters of the year and HQ referred
55 new cases to DOJ; by the end of third quarter one year ago, HQ had referred 66 new cases to
DOJ. The regions closed 84 investigations prior to referral to OE. At the end of third quarter, the
status of the 55 new criminal cases referred to DOJ was as follows: 8 cases were under review at
DOJ, 7 were undergoing a grand jury investigation, and charges were filed in 37 cases; two cases
were closed following prosecution and DOJ closed one other case without prosecution.
Two hundred one criminal cases were referred, but not closed, at the end of FY 1992; the number
was 156 at the end of FY 1991 and 126 at the end of FY 1990. The status of the pre-FY 1993 active
criminal cases at the end of at the end of third quarter was as follows: 30 of the cases were under
review at DOJ, 64 were undergoing grand jury investigation, 56 had charges filed, 39 were closed
following prosecution, and DOJ closed 12 cases without prosecution.
OFFICE OF FEDERAL FACILITIES ENFORCEMENT (OFFE)
OFFE does not report into STARS during third quarter. OFFE reporting on A-106 pollution
abatement projects, federal facility inspections, violations, and enforcement actions, and federal
facility Superfund activity will resume fourth quarter.
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FY1993 Third Quarter Progress Report
OGC
OFFICE OF GENERAL COUNSEL
INTRODUCTION
The Office of General Counsel (OGC) reports one measure in STARS; it expresses workload and
timeliness in the completion of legal (Red Border) evaluation and review. OGC is measuring progress
toward assisting regulation development by ensuring timely final Red Border reviews. OGC commits
to completing its response to Red Border documents within a maximum of four weeks (and within
three weeks for eighty percent of the reviews conducted).
RESPONSE TO RED BORDER REVIEW DOCUMENTS
OGC received seven Red Border packages during third quarter of FY 1993. Of these, the Office
completed four reviews (57%) within three weeks of receipt and two additional reviews (86% of total
packages received) in the fourth week following receipt.
FY1993
IstQtr.
2ndQtr.
3rdQtr.
4th Qtr.
FY1993
(total)
Regulatory
Packages
Received
n/a1
33
7
40
Completed
within three
weeks (#/%)
n/a
19/58%
4/57%
23/58%
Completed
within four
weeks (#/%)
n/a
28/85%
6/86%
34/85%
Incomplete
after four
weeks (#)
n/a
5
1
6
Non
Concurrence
(*)
n/a
0
0
0
1. First quarter reporting not required during FY 1993; second quarter numbers are cumulative.
OGC has received 40 Red Border packages this year, to date, and reviewed 34 (85%) of them within
four weeks following receipt. At this time in FY 1992, the Office had received 50 packages and
reviewed 41 (82%) within the four week window.
During third quarter, OGC's Air And Radiation Division reported one Red Border review incomplete
at the end of four weeks after receipt:
• Regulation: Exemption of Perchloroethylene (PERC) as a Volatile Organic Compound (VOC)
(93-05-19FR).
• Comment: The Red Border review was delayed while OGC staff and the Air Program Office
discussed outstanding issues; an agreement was reached and OGC has concurred on the
package.
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