EPA-904/9-83-112a
ENVIRONMENTAL MANAGEMENT REPORT
REGION IV
(PILOT PROJECT)
PARTS 1 and 2
NOTE: This report was prepared primarily as an internal document
MAY 1983
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DATE
UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
Region IV
May 20, 1983
SUBJECT
FROM
Transmittal of Environmental Management Report
Regional Administrator, Region IV
TO
Joseph A. Cannon
Associate Administrator for Policy
and Resource Management
We are pleased to transmit the attached Parts 1 and 2 of
the final Region IV Environmental Management Report, on
schedule in accordance with our deadline extension.
Attachments A and B are also completed and are being typed
by a contractor. We will send you a copy as soon as we
can make final corrections. This final EMR has been ex-
tensively revised for virtually every medium or program,
with somewhat less extensive revisions in the "Ground-
water" section, which was acclaimed during your previous
review as a good model for other EMR's to follow. Parts 1
and 2 in particular, have been greatly strengthened in
accordance with both headquarters and state comments.
Please recognize that this is a pilot effort and that the
Region IV EMR is intended for internal distribution within
EPA. Future EMR's should also focus on accomplishments to
give a more balanced presentation of the results of both
federal and state environmental programs. We prefer that
distribution outside the Agency be handled by the Region.
We appreciate the opportunity to work with you and your
staff on this exercise. The guidance, encouragement, and
coordination from your office have been greatly appreciated.
We look forward to working with you in the future as we
integrate the EMR exercise into other planning and manage-
ment functions.
Charles R. Jeter
Attachments
EPA Form 1320-6 (Rev. 3-76)
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REGION IV ENVIRONMENTAL MANAGEMENT REPORT
TABLE OF CONTENTS
Page
INTRODUCTION 1
PART 1 - EXECUTIVE SUMMARY: OVERVIEW OF
ENVIRONMENTAL STATUS AND TRENDS 2
Air Quality 2
Water Quality 4
Drinking Water 5
Groundwater 7
Wetlands 7
Hazardous Waste Control 9
RCRA 9
Superfund 10
Radiation 11
Pesticides 12
PART 2: DISCUSSION OF SIGNIFICANT ENVIRONMENTAL
PROBLEMS AND IMPLICATIONS FOR AGENCY MANAGEMENT ... 15
Air Quality 16
Water Quality 34
Drinking Water 40
Groundwater 44
Wetlands 46
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Hazardous Waste Control 54
RCRA 54
Superfund 57
Radiation 58
Pesticides 59
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INTRODUCTION
The eight southeastern states of EPA Region IV are rich-
ly endowed with a wide variety of often fragile environs. High
quality air, land, and water, from the Appalachian Mountains,
to the Gulf and Atlantic coasts, to the many inland streams and
lakes, has been the heritage of Southerners for generations.
Today, as part of the "Sunbelt," the population and economy of
the Southeast are growing faster than in most areas of the
United States, and the threat to its environmental heritage is
now greater than ever before. The challenge of the 1980"s for
Region IV is to improve and maintain the environment in ways
that are compatible with this increased growth.
This report is directed toward the details of this challenge
through a definition of environmental problems in the Region and
a discussion of what actions need to be taken by EPA management
to resolve these problems. Included in the report are discussions
of areas in which EPA has regulatory authority:
o Air quality,
o Water quality,
o Drinking water quality,
o Groundwater quality,
o Wetlands,
o Hazardous Waste Control,
Hazardous waste treatment, storage, or disposal as
specified in the Resource Conservation and Recovery
Act (RCRA),
Screening and clean-up of inactive disposal sites
and spills under the Comprehensive Environmental
Response, Compensation, and Liability Act (CERCLA,
also called "Superfund"),
o Radiation, and
o Pesticides.
This document is intended to focus attention on environmental
problem areas and issues that need to be addressed in the near
future by top level management. This focus is not intended to
ignore the very extensive accomplishments made in the past or
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to find fault with previous environmental efforts; it is intend-
ed primarily to help management determine where best to devote
its increasingly scarce resources. Recognizing, however, the
interest in documenting positive results, a short summary of
accomplishments for each medium or program is included in the
Executive Summary.
One issue that cuts across all media lines is the need for
sound, current environmental data in an efficient management
system (preferably a versatile automated data processing system).
Such a system must be capable of a wide variety of analyses and
presentation schemes. If future Environmental Management Reports
(EMRs) are to become a basis for managing for environmental re-
sults, the Agency must make a renewed commitment to the various
monitoring programs as well as to the support of effective data
management systems.
Finally, as a follow-up to this EMR, Region IV intends to
develop an intermedia ranking or clustering of geographical
and/or generic environmental problems within the Southeast.
This exercise will require careful coordination between programs
and the states and will be addressed in a follow-up document at
a later date.
PART I
EXECUTIVE SUMMARY: OVERVIEW OF
ENVIRONMENTAL STATUS AND TRENDS
AIR QUALITY
It should be noted that data used in this report are those
available to EPA up until the February 3, 1983 Tier II list publi-
cation in the Federal Register. EPA expects the states to provide
additional information, not available to EPA at that time, which
may effect changes in the attainment or non-attainment designations.
Timing of this report will not allow identification of those changes,
Over the past 10 years, air quality in the Southeast has shown
marked improvement, particularly in reductions in total suspended
particulates and sulfur dioxide. Virtually all total suspended
particulate and sulfur dioxide emissions sources are in compliance
with emissions standards. The major work remaining is in the
areas of reducing automobile-related air pollutants, and also in
maintaining the high degree of air quality attained.
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An extremely high level of compliance by air pollution
sources has been developed by EPA working through the states.
Region IV leads the nation in delegation of programs to the states.
This is a result of the initiative of the states to assume new
responsibilities.
Several previous non-attainment areas have attained the
national ambient air quality standards and are maintaining them.
Resolving the remaining non-attainment status for several areas
in Region IV is the top priority. A number of areas are not cur-
rently designated as non-attainment but are experiencing violations
of the standards. Approximately 11 million people live in projected
non-attainment areas. EPA needs to resolve the current sanctions
activity and then proceed with non-attainment area redesignations.
Some of these are rural ozone non-attainment areas.
Region IV has five areas where compliance with carbon monoxide
and ozone standards have been extended to 1987. Region IV also has
the highest percentage of tampering and fuel switching in the
nation. The Region needs to become more active in implementing
transportation control measures.
A number of SIP revisions have not been completed. National
policy needs to be revised before several of these can be resolved,
such as dual source definition and generic bubble regulations.
In a number of areas, ambient air monitoring data recovery is
incomplete. The Region needs to work closely with the states to
obtain adequate data to make attainment/non-attainment redesigna-
tions.
The Region is working with the states and TVA to develop an
acid rain monitoring network. This effort must be maintained to
determine the extent of the acid rain problem in the Southeast.
The Southeast is one of the most rapidly growing areas in
the nation. To ensure regional consistency and compliance with
applicable air quality standards, the Region must closely over-
view the review and permitting of new sources and source modi-
fications .
Historically, the Region has experienced a high degree of
compliance by major air pollution emission sources. However, a
pattern is emerging of formal enforcement actions being replaced
by informal enforcement actions, resulting in increasing levels
of noncompliance. Region IV is implementing a program to correct
this enforcement and noncompliance problem.
Problems are emerging as more complex chemicals are emitted
into the atmosphere from new technology industries, hazardous
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waste incinerators and chemical dump sites. In many cases, these
chemicals were present at sources where previous emphasis was
on the criteria air pollutants. The state and local agencies are
finding they are not adequately prepared to resolve these problems.
EPA needs to provide policy, guidance and technical information
on these problems.
WATER QUALITY
Between 1973 and 1980, more than nine billion dollars of
public and private funds were spent for treatment of domestic
and industrial wastewaters in the Southeast. Unfortunately,
rapid population and industrial growth in the Southeast has out-
stripped the rate of expenditures for clean-up actions, and many
historic problems with conventional pollutants (decomposable
organics, bacteria, viruses, solids and nutrients) still exist.
In terms of domestic waste treatment, there are two major
concerns:
o Inability of many small communities to fund adequate
waste treatment facilities.
o Inadequate operation and maintenance at many of the
large, modern sewage treatment facilities. Lack of
funding and poorly trained personnel are major factors
contributing to this problem.
These continuing problems with conventional pollutants have
been overshadowed by a whole new suite of problems resulting from
the chemical revolution, land development, and energy develop-
ment.
Increased production and use of chemicals pose a hazard to
surface waters at numerous locations in the Southeast from in-
dustrial process water discharges, runoff or seepage from hazardous
liquid and solid waste disposal sites, and intensive use of agri-
cultural pesticides in some areas (e.g. Mississippi Delta of south-
east Tennessee and northeast Mississippi). Land development poses
significant problems in coastal states due to loss of valuable wet-
lands, health hazards from inadequate domestic waste disposal
practices and the impact of increased insecticide use on valuable
finfisheries and shellfisheries. Coal mining and attendant syn-
fuel projects in Appalachia and peat mining on the North Carolina
coast are emerging problems that pose significant potential for
damage to surface water supplies and aquatic life.
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Runoff from abandoned, noncoal mined areas is also a threat
to surface waters. Some examples are mica and feldspar mining
areas on the North Toe and Nolichucky River, brown iron areas in
north Alabama (e.g., Bear Creek), and the phosphate mining regions
of Florida, middle Tennessee and eastern North Carolina.
Over the past 10 years, approximately 4.3 billion dollars
have been obligated to municipalities for the purpose of con-
structing needed wastewater treatment facilities in the Southeast.
Over this time period, states have oriented their priority lists
to direct funds to the most critical water quality problem areas.
The construction grants program has evolved primarily to a program
where states have the lead responsibility and the Federal role is
that of overview. NPDES permits have been issued to all municipal
and industrial facilities within the Region. As with the con-
struction grants program, the NPDES program has been largely dele-
gated to the states.
In spite of the remaining problems, a large number of sig-
nificant water quality improvements have been made over the last
decade. Conventional pollutants such as BOD, pH extremes, oil
and grease, and fecal coliforms are usually within established
limits although several localized exceptions remain. When these
parameters do exceed their limits, they seldom reach the extremes
or duration of a decade ago.
Even in controlling toxicity many accomplishments have been
made: the "mercury scare" of the early 1970"s has largely been
brought under control; the known persistent pesticides, including
PCB's, are now banned or controlled and their residuals in the
aquatic environment are gradually decreasing. Advanced instru-
mentation and bioassay methods have allowed chemists and bio-
logists to detect much lower levels of toxicity than ever before.
This often gives the impression that toxicity problems are in-
creasing, but being aware of these problems allows the regulatory
agencies to address them sooner, and thus provides an increased
level of environmental protection. The challenge for the next
decade is to continue the progress already made through renewed
commitment employing state-of-the-art technology.
DRINKING WATER
Although isolated problems exist, drinking water supplies
in the Southeast are generally of good quality. Individual
bacteriological maximum contaminant level (MCL) and monitoring
and reporting (M/R) violations in Florida and Kentucky are numerous.
Florida and Kentucky are also experiencing high rates of persistent
violations (those continuing for more than 3 months per year). Both
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individual and persistent violation rates well in excess of the
national average indicate a need for immediate and increased
attention to the drinking water program by these states.
Contamination of existing sources by synthetic organic com-
pounds is also of growing concern and seems to be prevalent in
some isolated sections, most notably in the south and central
portions of Florida. Because data on synthetic organic compound
contamination are limited, no region-wide summary of information
is available. Trihalomethane contamination of potable water is
occurring but control programs are, or soon will be, in place to
handle problems.
Quantity of suitable water available for potable use is a
growing concern in the Southeast, particularly along the coastal
areas. Water shortage issues have been identified as a medium
priority problem for Region IV. As demands for water increase,
quantity may become an even more important issue.
Turbidity monitoring and reporting violations in Kentucky
have also been identified as a medium priority problem.
The Safe Drinking Water Act (SDWA) provides the framework
for a Regional program to assure the safety of drinking water
supplies. The Act established the Public Water Supply Super-
vision (PWSS) program to protect public health by ensuring the
quality of drinking water provided by public water systems. The
legislation provides for delegation of implementation responsi-
bility of the PWSS to the States. By March 14, 1980, all Region
IV states were delegated the responsibility to implement the
PWSS program.
Since 1976 (date of the initial development grant) $33,863,500
has been allocated to the eight states in Region IV in the form
of grants to develop and implement a State PWSS program. As a
result of the initial grant and subsequent grants, the states have
been able to develop a better inventory of community water supplies
and population served by each; a more comprehensive monitoring of
drinking water quality; the percentage of community water supplies
performing complete analysis for microbiological standards has
improved, resulting in a safer, higher quality drinking water.
The most noticeable accomplishment in the PWSS program is
the development of more effective state programs. This effective-
ness is noticed in the purchase of new sophisticated instrumenta-
tion by State laboratories which give them the capacity to measure
organic contaminants down to very low concentrations. Many states
have expanded their operator training and certification programs.
Finally, the states have increased their knowledge in better
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scientific understanding of the nature and control of organic
contaminants in drinking water and their effects on human health
GROUNDWATER
Groundwater is a resource of major importance to the South-
east. An estimated 70 percent of the Region's population obtains
drinking water from groundwater sources; virtually all of the
drinking water in rural areas come from groundwater. Adequacy
of groundwater supplies to meet future demands will become an
increasingly important concern.
In most of the Southeast, groundwater has not received much
public attention until recently. Federal and state efforts to
protect groundwater have lagged behind those to protect surface
water. In fact, many of the measures taken to protect these
other resources have increased wastes to the land surface or
directly to the subsurface.
Severe groundwater degradation problems tend to be highly
localized, but in parts of the Atlantic-Gulf Coastal Plains
and most of Florida the problems are more pervasive. The full
extent of groundwater quality problems is not well known due to
the lack of monitoring.
The existing legal and institutional structure is clearly
not capable of providing adequate protection for groundwater
resources. Although implementation of new federal programs
under RCRA, Superfund and SDWA will mitigate part of the pollu-
tion threat to groundwater, much work still remains to be done.
WETLANDS
The Southeast is bordered by more than 2000 miles of coast-
line and contains expansive salt and freshwater marshes and
swamps and a network of freshwater streams, rivers, and lakes
that provide enormous economic and recreational resources.
Losses of these wetlands went virtually unchecked until the
passage of the Clean Water Act of 1972 and the Corps of Engi-
neers' 1975 regulations implementing Section 404 of the Act.
Data accounting for wetland status are not readily available.
Experience indicates, however, that saltwater wetlands losses
have been significantly reduced as a result of implementation
of Section 404 but that freshwater losses continue essentially
uncurtailed.
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Region IV faces significant wetland-related environ-
mental challenges under the Clean Water Act mandate to "restore
and maintain the chemical, physical, and biological integrity
of the Nation's waters." The more serious and immediate con-
flicts with this mandate include:
o large scale clearing and draining of bottomlands,
swamps, and freshwater marshes for conversion to
agricultural and/or timber production;
o lack of suitable dredge material disposal areas, which
results in the filling of valuable wetlands and shallow,
productive estuarine waters;
o removal or degradation of wetland and aquatic resources
resulting from residential expansion, marina development,
untreated urban runoff, etc.; and,
o surface mining in wetlands where the potential for
reclamation and restoration to pre-existing conditions
is limited or unproven.
Management and policy factors that merit consideration are:
o weakened Memorandum of Agreement between the Environmental
Protection Agency and the Corps of Engineers that largely
restricts EPA's ability to significantly influence de-
cisions regarding wetlands where conflicts between the
two agencies occur;
o Corps' delegation of Section 404 program administration
to the states via broad-ranging, state-wide general per-
mits, which may circumvent EPA's statutory responsibility
for directing state assumption of the program;
o a perception by a significant segment of the general
public that EPA is not recognizing the importance of
wetlands in relation to water quality. There appears
to be a concern by some states and other groups that
EPA is not striving to protect wetlands, especially
freshwater wetlands, and that EPA has relinquished to
the Corps responsibilities delegated to EPA under Section
404. There is strong support for EPA to maintain an
aggressive stance regarding all wetlands (Section 404)
issues.
o limited staff and travel resources;
o lack of consistent guidance in policy from EPA or
states on protection of the freshwater wetlands;
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o lack of a system to account for wetland losses; and
o policy effects of ongoing "regulatory reform" efforts.
Considerable progress has been accomplished within Region
IV with the cooperation of industry, the states, the Corps of
Engineers and other interested federal agencies in generic
problem assessment and development of guidelines for minimizing
environmental degradation, establishing design and siting cri-
teria, and identifying appropriate management practices. Note-
worthy examples include wetlands categorization and restoration
techniques developed during the EIS preparation addressing phos-
phate mining in Florida wetlands, and joint interagency develop-
ment of guidelines on criteria for siting, design and evaluation
of freshwater dead-end canals. Work in progress which is ex-
pected to yield similarly useful environmental guidance includes
an EIS in the preparation phase for oil and gas exploration,
development and production in coastal wetlands and state waters
of Alabama and Mississippi; a joint EPA/COE EIS in preparation
addressing coastal wetlands conversion to farming operations in
North Carolina; and a study of coastal marina impacts and design
optimization.
Each of these examples shares common characteristics which
Region IV considers essential to long term problem solving.
First, they have included industry, multi-state and federal
agency cooperation. Second, they have yielded, or are antici-
pated to yield, useful and specific guidance tools for future
similar projects. Third, and most importantly, the benefit
of these studies is reduced degradation of the aquatic environ-
ment as these study conclusions and guidance provisions are
implemented.
HAZARDOUS WASTE CONTROL
o RCRA
The RCRA program regulations became effective in November
1980. Since that time, the interim status standards have been
implemented. Compliance with these standards is in varying
degrees depending upon the individual facility. Permit appli-
cations are being called from existing facilities and permits
are being processed now. Emphasis is on groundwater protection
and financial assurance requirements.
The RCRA permit program will minimize the impacts of haz-
ardous wastes on the surface water, groundwater and air resources
of the Southeast. Groundwater contamination is caused by active
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RCRA facilities, CERCLA sites, improperly closed dumps and sani-
tary landfills and septic tanks that were improperly located be-
fore the solid waste regulatory program began in the early 1970's.
Some RCRA incinerators will require retrofitting as a per-
mit condition to meet the destruction efficiency required. Land
disposal facilities are adversely affecting air quality, although
no data base exists for quantification at this time.
Principal problem areas for the hazardous waste program
primarily relate to resource needs in issuing RCRA permits,
authorizing state hazardous waste programs, and conducting com-
pliance and enforcement programs. The workload associated with
these activities is expected to be great. In addition, incon-
sistencies in the regulations allow some hazardous waste to "get
out" of the RCRA system, and inadequate data exist to identify
problems in some areas at this time.
o Superfund
At this early stage in the implementation of the Superfund
program, most problem areas are of an administrative/programmatic
nature rather than of a physical environmental nature. It will
be several more years before the Region will have suitable data
on its 3000 uncontrolled hazardous waste sites with which to
establish trends for types and quantities of waste, affected
media, and hazards to public health. It is evident, however,
that exposure of groundwater to hazardous contamination is the
most sigificant geographical concern related to the Superfund
program in Region IV. This is particularly true in the State
of Florida, where aquifers which supply drinking water for resi-
dents are threatened and where one-half of the Region's NPL sites
are located. The significance of the groundwater threat is high-
lighted by the Matrix of Problems at Region IV NPL Sites and
the aquifer map in the Superfund section of Attachment A. Or-
ganics and heavy metals that have been found at many Superfund
sites include polychlorinated biphenyls (PCBs), 1,1,1-trichloro-
ethane, toluene, benzene, and pentachlorophenol.
One of the most significant administrative problems delay-
ing the implementation of Superfund is the requirement for state
matching funds. If high priority hazardous waste sites are to
be cleaned up and Superfund is to complete its mission by 1985,
the cooperation of the states is imperative. The states must be
encouraged to become more creative in developing funding mechanisms
for this program. Removing requirements for state matching funds
for remedial investigations and feasibility studies could alle-
viate the dilemma somewhat by providing state legislatures with
"harder" figures as the basis for matching fund requests.
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A second management problem delaying program implementa-
tion is unclear policy guidance for enforcement activities and
cost recovery actions. Unclear policies increase the amount of
time required to put together an enforcement agreement between
the state and EPA to fund remedial activities. Extensive reviews
required at state, regional, and headquarters levels lengthen the
process further. This point is particularly relevant for Region
IV where enforcement cleanup is being pursued at a majority (63
percent) of NPL sites.
EPA's response to uncontrolled hazardous waste sites has
developed from one of emergency cleanup of sites discharging to,
or threatening, surface water to cleanup of multi-media discharges
of hazardous substances via several response alternatives: im-
mediate removal, planned removal, and remedial actions. Increased
independence from the U.S. Coast Guard over the past 10 years has
improved the Agency's program greatly.
The Region has operated on the philosophy that the environ-
ment is benefited more by the spill that does not occur than the
one litigated successfully. Toward that end, the staff has used
numerous techniques to encourage industry to implement preventive
programs. A decade of these efforts are beginning to pay off.
Additionally, state and local agencies have become much more
aware of threats imposed by chemical accidents and the resources
required to cope with them.
Since the passage of the Superfund legislation in 1980,
Region IV has worked closely with state and local agencies and
private parties to clean up abandoned hazardous waste sites.
Despite complex enforcement and contracting requirements, con-
tamination at two sites in Mississippi and Georgia was complete-
ly removed during 1982. Cleanup of a third site, the PCB spills
in North Carolina, was completed in early 1983. In addition,
hazards at 18 sites throughout the Southeast have been removed
via the immediate removal program.
RADIATION
Region IV has the largest number and greatest variety of
environmental radiation sources of any region in the country.
The potential population at risk causes EPA to be deeply in-
volved in the environmental impact of all man-made activities
as well as natural radiation sources. Fundamental issues involve
potential radioactive contamination of ground water as a result
of poor radioactive waste disposal management; population radi-
ation exposure from radioactive accidents at one of the twenty
(20) operating nuclear power plants in the region; accidents
involving transportation of radioactive materials; inhalation
of radioactive radon gas being emitted from radium-226 de-
posits in the soil; overexposure to non-ionizing radiation
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sources and radioactive contamination of drinking water from
multiple radiation sources. The Region IV Environmental Radia-
tion Program in cooperation with state and other federal agencies
is designed to establish controls for all of the above.
PESTICIDES
The use of pesticides is proportionately greater in Region
IV than in other areas of the country. Over 300,000 private and
50,000 commercial applicators have valid certifications to apply
restricted use pesticides. In addition to numerous agricultural
and forest pest problems, Region IV has extensive aquatic weed
and drift problems. Exotic weeds such as hydrilla, water hya-
cinths and Eurasian milfoil are firmly established in Southern
waterways, causing many of them to be virtually unusable for
recreation, transportation, fish propagation, or in some cases,
flood control. Mosquito control through aerial application
poses a real threat to sensitive non-target organisms in the
2000+ miles of coastline and in wetlands areas (2,200,000 acres
of saltwater, and 32,000,000 acres of freshwater). Misuse of
mosquitocides makes the contamination and drift issues particu-
larly important in this Region from the standpoint of protect-
ing fisheries and other aquatic resources.
Priorities in the pesticide State/EPA Cooperative Agree-
ments identify two areas of particular concern year after year.
These two problem areas are drift resulting from aerial applica-
tion of pesticides and the misuse of pesticides by PCOs (pest
control operators). The 1978 amendments to FIFRA made the states
responsible for investigating and enforcing "pesticide use." In
an attempt to reduce the large economic losses resulting from
drift onto nontarget crops, State Agriculture Departments and
Cooperative Extension Services, with Federal assistance, have
begun to direct resources toward new methods of training for
aerial applicators. Conducting "fly ins" (wherein aerial appli-
cators are educated and application systems are calibrated) is
one step toward solving this continually recurring problem.
Monitoring the activities of PCOs remains a resource intensive
function within the Region IV states, and while many successes
have been identified, many problems remain.
The Regional pesticides program has implemented programs
to certify and train applicators, educate the public on the
benefits and hazards of pesticides, and enforce FIFRA. At the
time the enforcement, inspection, and investigation programs
were initiated, random sampling of pesticide products during
marketplace inspections, production establishment inspections
and dealer monitoring showed 17 percent of these products to have
chemically deficient active ingredients. During 1983, a random
sampling showed a deficiency rate of about 4.5 percent, an improve-
ment of over 350% for the 10-year period as a result of the in-
spection, investigation, and enforcement program.
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Public awareness programs initiated in the Region and the
certification and training of private and commercial applicators
in the application and handling of restricted use pesticides
have reduced pesticidal accidents and misuse. Dramatic re-
ductions in complaints of misuse of pesticides in aerial appli-
cations have been noted in Mississippi (from 411 in 1981 to
61 in 1982) as a result of education, training, and enforcement.
The result of this training is that less pesticides are being
drifted onto nontarget crops and unregistered sites, thus re-
ducing the attendent economic damage and hazard. Fishkills
from pesticide runoff and aerial drift have been greatly reduced
in the Region. While the number of agricultural acres to which
pesticides are applied continues to grow in the Southeast, the
actual tonnage of chemicals applied has decreased as a result
of new formulations. The long lasting residual chlorinated
hydrocarbons, applied at a rate of gallons per acre, have to a
great extent been replaced by synthetic pyrethrins and other
compounds that biodegrade rapidly and are applied at a rate
of ounces per acre.
Groundwater contamination resulting from agricultural
pesticides has been documented in the Region and has resulted
in one state-wide suspension of a particular pesticide. Such
decisions to suspended pesticides are based not on whether the
compound was "misused," but on whether groundwater contamina-
tion has occurred. The pesticides/groundwater contamination
issue is likely to grow, both geograpically within the Region,
and with additional compounds in the future.
The inordinately large amounts of pesticides applied in
Region IV cause significant potential problems with regard to
both storage and disposal of pesticide containers and waste.
The potential magnitude of these problems is indicated by the
fact that there are an estimated 350,000 certified applicators
storing and disposing of restricted use pesticide containers.
Improvement and registration of pesticide labels, along with
registration of pesticide production and marketplace establish-
ments, have achieved two goals of the Regional pesticides program.
The Regional office has a clear understanding of where and what
kinds of pesticides are produced in the Southeast, and more com-
pliance with regard to annual reporting has been achieved. The
long term goal of this enforcement effort is to reduce the avail-
ability of unregistered products or products from unregistered
establishments. The ability to pick up unregistered products
through routine field inspections, commonplace 10 years ago, has
become increasingly difficult. Thorough inspections and investi-
gations frequently discover no products at production establish-
ments that violate the registration requirements of labeling and
packaging. The benefit to the environment is enormous - the
products ultimately formulated, distributed, and applied have
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undergone the extensive safeguards built into the Agency's regis-
tration process. The inspection and enforcement efforts of the
Regional staff have resulted in much improvement in the pesticide
impact on the environment.
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PART 2
DISCUSSION OF SIGNIFICANT ENVIRONMENTAL
PROBLEMS AND IMPLICATIONS FOR AGENCY MANAGEMENT
AIR QUALITY
1. Environmental Problems, Causes, and Barriers to Resolution
a. Most Significant Problem - Non-attainment Areas
The most significant problem is the need to attain the
national ambient air quality standards affecting 11 million
people (26 percent of the total regional population) in 29 desig-
nated "Tier II" non-attainment areas and in 23 additional emerg-
ing and continuing non-attainment areas.
Based on the results of a survey, Region IV has the high-
est incidence in the nation of tampering with vehicular pollution
control devices (22 percent) and fuel switching (19 percent).
The national average is 17 percent for tampering and 12 percent
for fuel switching. Region IV is concerned that tampering and
fuel switching may be negating progress made through trans-
portation control measures, including the Federal Motor Vehicle
Control Program.
(1) Tier II Areas
EPA's February 3, 1983, proposed finding of non-attainment,
as published in the Federal Register, identified 29 Region IV
counties as not having attained the national ambient air quality
standards by the December 31, 1982, deadline. Approximately 8
million people live in these 29 counties. A brief description
of the areas follows:
o Jefferson County, Alabama, has not met the
national ambient air quality standards (NAAQS)
for total suspended particulates (TSP) and
ozone (03). In addition, the State of Alabama
does not have an approved TSP SIP for this area.
o Etowah County, Alabama, does not have an ap-
proved TSP SIP.
o Dade, Broward and Palm Beach Counties, Florida,
have not met the NAAQS for ozone.
-15-
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o The Atlanta Metropolitan Area (including
Clayton, Cobb, Coweta, DeKalb, Douglas,
Fayette, Fulton, Gwinnett, Henry, Paulding
and Rockdale Counties) did not attain the
NAAQS for ozone.
o Bell, Boyd, Henderson, Jefferson, McCracken
Counties and the cities of Newport, Richmond
and Corbin, Kentucky, have not met the NAAQS
for TSP.
o Shelby County, Tennessee, does not have an
adequate SIP for demonstrating attainment of
the TSP NAAQS.
o Sullivan County, Tennessee, has not met the
NAAQS for TSP.
o Knox County, Tennessee, has not met the NAAQS
for carbon monoxide (CO).
(2) Extension Areas
Five areas in Region IV with a population of 3.7 million
people have extensions to 1987 for attaining the NAAQS for car-
bon monoxide and ozone. These are Atlanta, Georgia (CO); Jeffer-
son County, Kentucky (CO and 03); Charlotte, North Carolina (CO);
Nashville, Tennessee (CO); and Memphis, Tennessee (CO).
A sixth area, Boone, Campbell and Kenton Counties in north-
ernmost Kentucky, has an extension for ozone. However, the 1982
SIP for the area now projects attainment by December 31, 1982 and
would withdraw the extension request. In the February 3, 1983,
Federal Register only the Charlotte, Atlanta, and northern Kentucky
SIPs were proposed for approval. In addition, Atlanta, Georgia
(03); Birmingham, Alabama (03); southeast Florida (03) and Knox
County, Tennessee (CO) have been identified as Tier II areas where
new regulation with additional transportation control measures
(TCMs) will be needed. Additional inspection/maintenance programs
may be needed for these new areas.
(3) Emerging and Continuing Non-Attainment Areas
Region IV has at least 23 counties, with a total population
of over 3 million people, that are currently designated non-
attainment and may remain non-attainment through 1984 as well as
areas that may require a redesignation to non-attainment. These
areas that are currently non-attainment are below the Tier II
cutpoints. The Region projects that all of these areas may not
be attaining or maintaining the standards by 1984.
-16-
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The following is a listing of the 23 counties by state and
pollutant.
o Alabama - Russell and Etowah Counties (03)
o Florida - Duval and Hillsborough Counties (TSP)
o Georgia - Muscogee (03) and Chatham (TSP)
Counties
o Kentucky - Bullitt (TSP), Davies (TSP),
Marshall (TSP), Muhlenburg (TSP), Pike
(TSP), Carter (TSP), Boyd (03) and Greenup
(TSP) Counties
o Mississippi - Desoto (03) and Jones (TSP)
Counties
o North Carolina - Durham (CO) and Wake (CO)
Counties
o South Carolina - Richland County (TSP)
o Tennessee - Hamilton (03, TSP), Columbia
(TSP), and Davidson (TSP) Counties
In addition, data collected in several areas of Region IV,
still officially designated non-attainment, demonstrate attainment
of the ambient standards. This, in part, may be a result of the
recent economic slowdown. Recovery of the economy will lead to
increased industrial production with increased levels of air pol-
lution that will probably cause violations to recur. Ashland,
Kentucky; Chattanooga, Tennessee; Gadsden and Mobile, Alabama;
Jones County, Mississippi; and Charleston, South Carolina are
such areas.
(4) Rural Ozone Attainment Areas
Violations of the ozone standard were measured in 1980 in
Durham and Raleigh, North Carolina (SMSA population of 531,167),
and Etowah County, Alabama. During 1981, the Raleigh, North
Carolina monitoring site operated less than 75 percent of the
time during the ozone season. In 1982, data recovery was so
sparse that it would be difficult to tell whether the ozone
standard was attained in these areas.
In addition, Greensboro/Winston-Salem/High Point (SMSA popu-
lation of 830,000), and Asheville (SMSA population of 177,761),
North Carolina, do not have sufficient data to determine the
attainment status for the ozone standard and are of sufficient
size to exceed the standard.
-17-
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Under present EPA policy, urban areas of less than 200,000
population that violate the ozone standard only have to adopt
volatile organic compound (VOC) control regulations for sources
emitting more than 100 tons per year. Region IV is faced with
the possibility that an attainment plan will be needed for these
"rural" ozone areas only requiring VOC regulations while other
"urban" areas with smaller SMSAs are required to implement trans-
portation control measures, including inspection and maintenance
(e.g. Charlotte, North Carolina, with a SMSA population of 637,218).
This presents a problem of consistency among major population
centers.
b. Significant Problems (not ranked)
(1) Adoption of Major SIP Elements
States have not always been successful in developing SIPs.
For example, Birmingham, Alabama, and Ashland, Kentucky, do not
have approved Part D Attainment plans. Alabama, Florida, Mississippi
and Tennessee do not have approved Section lll(d) plans for total
reduced sulfur. Florida does not have approved Section lll(d) plans
for phosphate fertilizer plants. Alabama, Florida, and Mississippi
do not have approved Section lll(d) plans for fluoride emissions
from primary aluminum reduction plants.
The following facts illustrate the need for having effec-
tive plans for these noncriteria pollutants in place. Total Re-
duced Sulfur (TRS) emissions continue to be a particular problem
because Region IV has more than 50 percent of the nation's pulp
and paper mills; these generate many nuisance odor complaints.
Fluoride emissions have led to vegetative damage and loss of live-
stock. The Region has 90 percent of the national phosphate pro-
duction capacity.
(2) Compliance
Historically, Region IV has experienced a high degree of
compliance for major air pollution sources. This was achieved
by establishing a close working relationship with state and local
air pollution control agencies and coordinating efforts with them
to assure early identification of compliance status and prompt
initiation of appropriate enforcement action. As of March 19,
1983, Region IV and state and local agencies had identified 5545
(93 percent) sources in final compliance; 244 (4.1 percent) not
subject to an applicable regulation; and 50 (0.8 percent) sources
in compliance with an approved compliance schedule. Thus, 5839
sources (98.1 percent) were reported to be in a satisfactory com-
pliance status. Of the remaining 116 sources, 81 (1.4 percent)
were reported in violation and not subject to an approved compliance
-18-
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schedule and 35 (0.6 percent) were reported to be of unknown com-
pliance status. Of the 81 major sources in violation, 25 (only
0.4 percent of the total population) are currently identified as
significant violators (Table AQ-1).
Region IV, as a part of the "New Federalism" approach, has
shifted its policy of maintaining an active role in enforcement
matters to a more passive role consisting primarily of re-
viewing state/local program compliance efforts and providing tech-
nical assistance as requested. Key elements in this effort are:
the state/local programs operate a timely and effective "compliance
monitoring system" to track compliance status or major sources and
keep EPA fully informed in a timely manner of changes in compliance
status; documentation of those changes is provided; and action plans
are developed to address problems of noncompliance. This system,
which has been in effect for approximately a year, has not proven
to be totally effective. As a result of EPA's ongoing FY83 mid-
year review, it now appears that a trend of incomplete reporting
is emerging wherein sources are not being identified in monthly
reports when violations have been documented at the state level
for more than 30 days. Also, formal enforcement actions are being
replaced by less formal, administrative actions such as permit
modifications to show compliance. This movement away from tradi-
tional enforcement procedures presents a question of overall com-
pliance program credibility.
(3) New Source Review
Rapid growth has occurred in the number and size of air pol-
lution sources in the Southeast, and this pace is expected to con-
tinue. Inconsistencies in interpreting PSD requirements may be
creating a situation where some states are more attractive to
industries than others. Growth near Class I areas and in areas
heavily dependent on tourism, such as the Great Smoky Mountains
and Florida, may create problems with visibility, acid rain and
PSD increments. Growth in areas with marginal air quality may
experience problems with control requirements, modeling, and pre-
construction monitoring, all of which may result in faulty per-
mits. Correction after-the-fact is a perplexing problem. EPA
overview is essential to ensure regional consistency and maximum
effectiveness.
(4) Monitoring
Although all applicable ambient air monitoring regula-
tions have been implemented to provide for timely and accurate
submittal of data of acceptable completeness and representa-
tiveness, monitoring problems remain. These problems are
basically two-fold: (1) significant turnover and loss of per-
sonnel and reductions in networks; and (2) poor data collection
-19-
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coupled with a reluctance to report data that might lead to
non-attainment designations. The result is that monitoring
coverage has been shrinking and extensive overview efforts are
required by Region IV to ensure that adequate information about
air quality is available.
(5) Acid Rain
On at least four occasions, large fish kills at the Chero-
kee fish hatchery in the Southern Blue Ridge Province occurred
within 2-4 hours following heavy rainfall, and an increase in
"bent-spine" deformities in bass has been reported in the same
area. The Southern Blue Ridge Province study will try to deter-
mine whether these are responses to acid rain. Due to the lack
of scientific data, the full extent of the acid rain problem in
the Southeast is unknown.
(6) Toxic Air Pollutants
An immediate concern exists regarding the environmental
impact of toxic air emissions in Region IV. Requests from state/
local agencies for technical information, EPA policy, and program
implementation guidance regarding air toxics issues have rapidly
increased. The state/local programs have expressed an urgent
need for help in identifying, measuring, and establishing standards
for these pollutants.
As new industrial products are developed, concern about toxic
air pollutants increases. The scientific literature indicates
a diverse array of toxic air emissions can result from synfuel
operations. To date, five synfuel projects have PSD permits to
begin construction on facilities. Two other applications are
presently under review by the state agencies and EPA. Five more
projects are expected to submit applications in the near future.
Other procedures that might affect' the program will be the per-
mitting of new volatile organic chemical facilities, pesticide
plants, and new NESHAPS facilities. Although new sources are of
immediate concern, existing sources of toxic air emissions may
be of greater concern and potential impact on human health. For
example, Region IV EPA has identified 2676 major stationary
sources that, based upon their SIC category, may have the capacity
to emit potentially toxic air contaminants. The Region has 106
hazardous waste incinerators with the potential for requiring
permitting. Also, the potential exists for toxic air emissions
from 1439 existing hazardous waste storage and treatment facili-
ties and 486 land disposal sites.
-20-
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2. Implications For Agency Management
a. Regional Approaches
(1) Non-attainment Areas
(a) Tier II Areas
Region IV will continue to work with the states in the
Southeast to develop effective non-attainment area plans for the
tier II areas. The major tasks to be accomplished are to re-
view air quality data, trends and plan effectiveness; evaluate
control strategies; and coordinate development or revision of
plans.
The immediate effect of EPA action on sanctions will be
the necessity for an intense effort to finalize attainment
status determinations. Region IV has recently received 14 re-
quests from 6 states to redesignate a total of 287 areas to
attainment.
For those non-attainment areas where Part D plans have not
been effective, Region IV will make an indepth review of the
elements of the original plan, including source emissions in-
ventory, growth factors, control strategy and regulations.
The review of inventories and growth factors will require
coordination with state agencies and contact with sources to
verify emissions.
In the evaluation of control strategy demonstrations,
Region IV will look at the applicability of air quality dis-
persion models and meteorological data sets. This evaluation
must also determine whether the applicable regulations repre-
sent Reasonably Available Control Technology and if sources in,
or impacting on, nonattainment areas are in compliance.
(b) Extension Areas
Region IV is working with the five extension areas to
ensure implementation of the 1982 SIPs. Region IV will imple-
ment an overview program of the two inspection/maintenance pro-
grams in operation in Atlanta and Charlotte. This program will
be extended to Memphis, Nashville and Louisville when these pro-
grams come on line by June 1984.
-21-
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(c) Emerging and Continuing Non-attainment Areas
Region IV will be closely overviewing the state and local
agencies to ensure that sufficient data are being collected to
establish and track appropriate designation/redesignation of all
areas.
During 1983 Region IV will work with the states in an effort
to assure that a data recovery of at least 75 percent is made so
that the attainment status can be verified. While we try to
assure adequate data, we believe that the criteria for deter-
mining whether an area is urban or rural should be evaluated
and revised if needed.
(d) Rural Ozone
Under the current ozone non-attainment policy,
Region IV can only require VOC regulations for sources
emitting greater than 100 tons per year.
(2) Adoption of Major SIP Elements
Region IV will use every available means to promote adoption
of required SIP elements. These include technical assistance,
use of contractors, and if necessary, grant conditions. While
Region IV cannot shorten agency time frames for adoption, tech-
niques such as parallel processing and direct final rulemaking
will be utilized, where appropriate.
For major rulemaking, where all else fails, promulgation
by Region IV will be considered.
(3) Compliance
To more fully evaluate the problem that Region IV perceives
in its enforcement program and to initiate corrective actions
as may prove appropriate, the following actions are either in
process or under consideration.
o Communication: Where the problem may be an
incomplete understanding of the regional com-
pliance policy, efforts will be taken to im-
prove communications with state/local programs.
Region IV will also prepare an updated guidance
document consisting of previously issued policy
and guidance.
-22-
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o Overview: When the problem appears to be
more fundamental and/or actually represents
differences of opinion, Region IV will initiate
a thorough overview of a state/local program
in an effort to clearly identify the under-
lying problem and develop corrective action.
To this end, some individual programs may be
subject to a special compliance audit that is
separate from the regional midyear review pro-
gram.
o Inspections: With the implementations of the
new compliance initiative, Region IV has re-
laxed its overview inspections to a level of
some 1 to 2 percent of total major sources.
This is down from the more recent level of 3
to 5 percent and significantly less than the
10 percent inspection level EPA performed dur-
ing the mid to late 70's. To attain a greater
confidence in the compliance status information
currently being reported, Region IV intends to
increase overview inspections to the 3 to 5
percent range and also increase efforts in the
review of files in the regional or district
offices that the states operate.
o Enforcement: Region IVs present policy is
to defer to a proposed state/local program's
action plan to the fullest possible extent.
Consistent with this policy was a commitment
to refrain from any independent case develop-
ment action on the part of Region IV. In the
future, continuation of this policy will be
subject to a case-by-case review and regional
case development activity may be initiated at
an earlier stage in the process than presently
practiced.
o Non-attainment Areas: Emphasis will be placed
in areas that failed to demonstrate attainment
of all ambient air quality standards or where
attainment may be questionable. To this end,
these areas will be the subject of increased
inspections that will place special importance
on the review of operation and maintenance
practices and excess emissions reporting.
-23-
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(4) New Source Review
Overview and assistance have become the basic EPA role in
new source review. Region IV must use this role to monitor per-
formance and give guidance to agencies and to assist in the per-
formance of specific reviews. Inconsistencies in interpretation
of new source requirements cannot be allowed to create a situation
where industrial expansion is denied in some areas but approved in
others. Region IV will seek to maintain uniformity in implementa-
tion of all new source requirements. Region IV will also work
closely with all agencies to ensure consistency and to protect
air quality standards and increments.
(5) Acid Rain
Region IV has begun to develop a Federally funded and state-
operated monitoring network to determine the extent of the acid
rain problem in the Southeast. In addition, EPA is working with
TVA in the Southern Blue Ridge Province Study to provide an eco-
system evaluation of the effects from acid rain.
(6) Monitoring
Region IV needs to closely overview the state and local
agencies to ensure sufficient data exist to establish and
track attainment/non-attainment trends in all areas where pollu-
tants are likely to be emitted and/or present in the ambient
air. The economic impact of even small differences in air pol-
lution concentrations requires the best quality, quantity, and
representativeness of data possible; an excellent quality assur-
ance program with enough adequately trained personnel is essential,
(7) Toxic Air Pollutants
State/local programs believe that one possible solution to
the newly emerging air toxics problem is to exert some degree
of control through their permit programs. They would also, where
solid information is available, be willing to control existing
sources through their permit program. They have been very
emphatic, however, about needing information regarding the types
of chemical emissions that should be controlled and regulated,
pertinent health effects levels, the types of controls that are
available, procedures for measuring and monitoring these pollu-
tants, and how emission/ambient standards should be established.
With this information the state/local programs will be able to
deal with their air toxic problems by means of specific permit
conditions contained in the construction and operating permits
issued by these agencies.
-24-
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Region IV is implementing many activities in the air toxics
area to provide support to the state/local programs. Some of
these activities include: the continuous dissemination of new
technological and progammatic information, the investigation of
computerized data systems with the capability to handle air
toxics information, emphasis on quick and professional responses
to state/local needs, serve as a regional clearinghouse to en-
hance regional consistency among the state/local programs, develop-
ing full knowledge of all current technologies that direct staff
technical assistance can be provided, and the development of an
Air Toxics Resource Center. Region IV staff will also be develop-
ing source emission inventories to assess potential air toxic
problems, conducting modeling studies, collecting ambient monitor-
ing data, and evaluating potential impacts on different population
groups.
Through these efforts, Region IV staff will strive to build
up the state/local programs in their air toxics efforts and have
better coordination among all of our programs.
b. Assistance Needed From Headquarters Or Other Agencies
(1) Non-attainment Areas
EPA policy on non-attainment areas needs to be finalized
to allow SIPs to be developed and implemented to attain and
maintain the standards. EPA needs to implement a program
to immediately designate new non-attainment areas to avoid criti-
cism of unequal enforcement of the Clean Air Act. The current
sanction policy deters the state and local agencies from gather-
ing data showing new areas in violation of the ambient air
quality standards. The current policy requires the immediate
imposition of sanctions if an area is redesignated to non-attain-
ment. This discourages states from identifying these areas and
from developing plans to correct violations of the standards.
The rural ozone policy needs to be revised to require consistent
approaches in all major SMSAs.
Specific assistance from Headquarters is needed in the
following areas:
o Modeling Issues and Generic Regulations: The
Office of Air Quality Planning and Standards
needs to help solve modeling issues related to
generic state regulations. After these issues
are resolved, state and local agencies will
adopt approvable regulations. Headquarters
will continue to provide review and approva-
bility guidance regarding SIPs and Federal
Register notices.
-25-
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o Ambiguities in State Regulations: Assistance
will be required from the Office of Air Quality
Planning and Standards to eliminate ambiguities
in state regulations for national consistency.
This office will likely have the lead in develop-
ing intermittent and fugitive dust test methods;
EPA may choose to promulgate such methods.
o Non-Generic Regulations: Headquarters needs to
determine whether flexibility of affected state
and local non-generic regulations is acceptable
on a national basis.
o Economic Turndown and Non-Attainment: Head-
quarters needs to provide guidance on the ef-
fect of the economic turndown and how it relates
to the non-attainment status of an area and
the applicable emissions inventory.
o Reasonably Available Control Technology Guidance
(CTG): Headquarters needs to publish reasonably
available control technology documents in an
expeditious manner; national guidance on regu-
latory requirements for Tier II cities is needed.
Where previously issued CTGs have been frequently
modified, Headquarters needs to reprint these
CTGs in their final versions. The states are
having difficulty in identifying the acceptable
CTGs.
(2) Adoption of Major SIP Elements
Headquarters needs to issue guidelines emphasizing the need
to adopt all required SIP elements and to recognize that certain
elements, which may be a low priority nationally, are of greater
concern in some regions. A reemphasis on promulgations as a
remedy for SIP deficiencies and guidance on use of grant funds
can aid in overcoming many problems.
On occasion, major SIP revisions are submitted by the states
that cannot be acted on by the regions because of incomplete
Agency policy. Headquarters needs to identify where incomplete
policy is hampering actions in the regions and correct this
situation.
As a result of a court order, EPA has recently proposed to
regulate radionuclides at certain sources under the authority
of NESHAPS. The role of the state is not clear on this issue.
Expeditious guidance is needed from Headquarters.
-26-
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(3) Compliance
Region IV needs timely and specific responses from Head-
quarters when specific guidance or policy interpretations are
requested. For example, Region IV has the lead to resolve the
noncompliance problem for 6 of the 25 identified significant
violators. Action has been completed on four of these, but
the remaining two are being held pending Headquarter's guidance.
In the past, Headquarters' contractual workshops have been
excellent and well received by state/local programs. This level
of support needs to be continued. This effort is particularly
important in the areas of operation and maintenance practices,
VOC inspections and continuous compliance techniques, and continu-
ous emission monitoring.
In view of the problem Region IV perceived regarding full
and timely reporting of compliance status by its state and local
programs, national guidance would be useful to assure that Region
IV is proceeding in a consistent manner to resolve the problem.
(4) New Source Review
Region IV will need applicability determinations for PSD,
NSPS, and NESHAPS. Assistance on BACT and LAER determinations
will also be needed. Interpretation of regulations and the
establishment of precedents need to be conveyed to the Region.
Guidance in unique modeling cases and in evaluating non-guideline
modeling is needed.
(5) Acid Rain
With the increased awareness of acid rain, EPA should assign
a priority to preparing an emissions inventory to show trends
and predict long-range transport of total suspended particulates,
sulfur dioxide, nitrogen oxides and ozones. Headquarters needs
to consider designating a national group, such as the Environ-
mental Monitoring Support Laboratory at Research Triangle Park,
North Carolina, to track national meteorological conditions and
their relationship to the pollutant concentrations measured as
an air parcel moves long distances.
Monitoring methods and instrumentation badly need improve-
ment and standardization for both the wet and dry fractions.
Guidance is needed on the frequency for sampling, analysis
and interpretation of data.
-27-
-------
In addition, Headquarters needs to increase its support
through increased funding of $200,000 per year over the 5-year
life span of the Southern Blue Ridge Province Acid Rain Study,
which would provide Region IV with the information necessary to
translate all of the existing acid rain research to the more
temperate climate of the Southeast. Funds should come to Region
IV instead of going directly from Headquarters to TVA. Funding
from Headquarters excludes Region IV from participating in the
management of the Plan. Public sentiment favors Congress and
EPA acting on what is perceived as a serious environmental con-
cern. Headquarters needs to expedite the review of the acid
rain issue and, if appropriate, develop a legislative proposal
to mitigate its effects.
(6) Toxic Air Emissions
The implementation of this effort requires close coordina-
tion with EPA Headquarters personnel because air toxics policies
are in the early developmental stages. Meetings with appropriate
Headquarters personnel and acquisition of pertinent policy and
guidance documents as they are prepared will be imperative. Also,
EPA Headquarters needs to pursue appropriate research and develop-
ment projects to develop appropriate ambient air quality monitor-
ing techniques, source sampling procedures, and reliable analyti-
cal techniques. In addition to the guidance and assistance need-
ed from EPA offices in Washington and RTP, technical assistance
may be needed from the Occupational Safety and Health Administra-
tion.
c. Additional Environmental Benefits Possible
(1) Non-attainment Areas
By finalizing national policy/guidance on non-attainment
areas, Region IV and the states can continue developing and
implementing SIP requirements to attain the NAAQS in the areas
affecting 11 million people.
Headquarters assistance/guidance will provide national
uniformity thus avoiding claims of regional inconsistency and
inequity of treatment between states.
(2) Adoption of Major SIP Elements
Quicker clear-ups of environmental problems will result
from overcoming problems with adoption of major SIP elements.
-28-
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(3) New Source Review
Requirements will generally result in better air quality.
(4) Acid Rain
Acid rain and long range transport are interrelated issues
of national and international concern. Headquarters assistance
will result in:
o the avoidance of over-regulating some local
emission source(s) when the cause for poor air
quality may be some source(s) at some remote
location,
o clarification of the actual sources of pre-
cursors of ozone measured in metropolitan and
rural non-attainment areas, and
o an improvement in the international relation-
ships with Mexico and Canada.
Standard methods, instrumentation and guidance on the fre-
quency for sampling and analysis will ensure the prudent expendi-
ture of acid rain monitoring funds. The meaning of much acid
rain data currently being collected is subject to debate.
(5) Air Emission
Headquarters assistance will result in the availability
of information needed to protect the health and welfare of
people living in the vicinity of industrial waste dump sites
and industries that generate a vast number of different pollu-
tants with unknown safe-exposure levels.
-29-
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TABLE AQ-2
POPULATION IN NON-POST 1982 EXTENSION AREAS
OZONE TRENDS
SECOND MAXIMUM
CONCENTRATION IN
PARTS PER MILLION
CODE AREA 1980 1981 1982
G01 LOUISVILLE 0.190 0.140 0.130
F01 ATLANTA 0.150 0.145 0.135
G02 BIRMINGHAM 0.157 0.128 0.147
G01 MIAMI 0.150 0.140 N/A
NUMBER OF
TRANSPORTION
NON-ATTAINMENT AREAS EXPOSED POPULATION CONTROL MEASURES
ATLANTA 1,990,379 66
LOUISVILLE 828,103 6
NASHVILLE 495,200 6
MEMPHIS 882,100 5
CHARLOTTE 428,600 5
ADDITIONAL
MIAMI 1,610,000 8
FT. LAUDERDALE 1,016,100 6
W. PALM BEACH 564,410 3 or 4
ORLANDO 448,485 6 (82); 8 by (87)
JACKSONVILLE 607,703 7
ST. PETERSBURG 811,900 3
TAMPA 665,816 6
CHARLESTON, S.C. 289,000 3
COLUMBIA, S.C. 263,400 7
-33-
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WATER QUALITY
1. Cause and Geographic Location of Major Environmental
Problems
The following material is a detailed listing of the more
significant water quality problems in the Southeast. These have
been determined from the professional knowledge and experience
of senior staff that have been with the water quality programs
since well before EPA was formed. The listing is organized by
source of the problem, type of problem, location, and cause.
These problems coincide with the mapping of problem areas based
on STORET data and on the 305(b) reports as supplemented by in-
put from state and regional staffs (see Attachment A). Barriers
to solutions of the problems are included in the next section
under "Management Implications." A general ranking of these
problems by source as "High," "Low" or "Medium" Priority is indi-
cated based on staff judgment.
a. Domestic and Industrial Waste Discharges (High Priority)
(1) Toxics
Areas in Region IV where industries handle substances with
high potential for toxicity or where problems have been reported
include:
o Mobile, Alabama -- chemical and other industries
discharging to Mobile River and bay
o Memphis, Tennessee -- Agricultural chemicals
in Mississippi River and local streams
o Kingsport, Tennessee — Organic chemicals, heavy
metals and organic discharges from the pulp and
paper industry
o Louisville, Kentucky — Organic chemicals and
metals in Ohio River
o Birmingham, Alabama — Iron and steel mill
wastes in small streams
o Amelia River, Florida — Organic chemicals
from pulp and paper mills
o Wilmington, North Carolina — Organic chemi-
cals and metals in the Cape Fear River
o Pascagoula, Mississippi — Organic chemicals,
refinery wastes in Gulf Coast waters
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o Eleven Mile Creek, Florida — Pulp mill
o Chipola River, Florida — Battery salvage
o Fenholloway River, Florida — Pulp mill
o Rice Creek, Florida — Pulp mill
o Banana River/Mosquito Lagoon, Florida — Copper,
chromium
o Palm River, Florida — Industrial chemicals
specifically lead, copper, chromium
o
North Prong of the Alafia River — Phosphate
processing chemicals, lead, copper, zinc.
Dispersed but widespread problems resulting from the discharge
of toxics, natural conditions, and historical land use activi-
ties include:
o Mercury -- problems reported in lower Mobile
River; southwest Florida; Pamlico and Albe-
marle Sounds; two North Carolina Piedmont
streams closed to fishing; North Fork Holston
River fishing ban.
o PCB's -- problems in Weiss Reservoir, Alabama;
Choccolocco Creek, Alabama; Greenville, Alabama;
Coosa River, Georgia; Hartwell Reservoir, South
Carolina; Ft. Loudon Reservoir, Tennessee; Beach
Creek, Tennessee.
o DDT -- residual, but serious, DDT contamina-
tion in Tennessee River at Triana, Alabama.
o Trichloroethylene — contamination of water
supplies vicinity of Vero Beach, Florida.
o Chlorine — excessive use of chlorine at poor-
ly operated municipal water treatment plants
is a problem of region-wide significance.
Waste toxicity attributable to chlorine was
found at 10 of 12 (83 percent) plants studied
by Region IV.
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(2) Oxygen Depletion
Low dissolved oxygen is a widespread and common problem
throughout the Southeast. It is a direct function of the dis-
charge of decomposable organic wastes and is indirectly trig-
gered by nutrient discharges with concomitant growth of nuisance
algae and rooted plants. Sources of problems include:
o Poorly operated municipal waste treatment
facilities.
o Lack of funds to provide adequate treatment
facilities in small communities.
o Overwhelming of oxygen assets by the sheer
magnitude of discharges downstream from major
municipal and industrial complexes.
o Nonpoint source pollutant loads.
(3) Sanitary Quality
Bacteria and viruses render waters unsuitable for recre-
ational use and have a severe impact on valuable shellfisheries
in coastal areas. Major problems occur on small streams of
eastern Tennessee and are a function of inadequate waste treat-
ment by small communities. There have been severe declines in
approved shellfishing waters in Alabama from 1974 to 1980.
Potential use impairments are developing in rural coastal areas
because of coliform loads from septic tanks in unsuitable soils.
b. Land Development (High Priority)
Massive and virtually unrestrained land development in Region
IV during the past decade has resulted in severe and persistent
water pollution problems and deleterious changes in the hydrologic
regime and productivity in the waters of the coastal zones of the
Region. Some examples include:
o A shopping center and major highway constructed
in north central Florida almost completely filled
one arm of Lake Jackson (a major recreational
lake) with silt.
o Region IV studies in coastal areas of North Caro-
lina and Florida have documented that canaliza-
tion, filling, and concomitant development of
coastal wetlands have severe impacts including:
Canals and adjacent waters are often hazardous
to humans because of fecal contamination from
septic tank leachate.
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Low D.O. in canals has created habitats un-
suitable for aquatic life.
Wetland losses have been shown to severely
impact estuarine productivity and hydrology.
Numerous wetland benefits are lost including
storm buffering capacity, soil stabilization,
and assimilation of pollutants in land runoff.
o Use of insecticides to protect residents in coastal
development projects create severe hazards for
marine life.
o Surface runoff and subsurface drainage from resi-
dences and marinas result in contamination and
closure of valuable shellfish beds. Inland, silta-
tation and turbidity from urban development has
caused serious damage to water quality.
c. Mining (Medium Priority)
(1) Coal Mining
Many streams in Kentucky and eastern Tennessee show the
direct effects of toxic metals from mine runoff. An emerging
problem is potential pollution from synfuel projects being
developed in coal rich areas.
(2) Peat Mining
The direct and indirect effects of peat loss on hydrology
and water quality of coastal streams and estuaries are unknown.
Adverse effects of peat mining are potential emerging problems
in eastern North Carolina.
(3) Phosphate Mining
In central and south Florida, high dissolved solids and
nutrients adversely affect streams of high quality that have
unusual resource value. The potential for accidental release
of these huge quantities of phosphatic clay slimes behind
earthen dams is a serious threat to the nearby surface streams.
(4) Oil and Gas Production
Oil and gas drilling operations contribute significantly
to poor water quality in Kentucky and eastern Tennessee.
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d. Agriculture (Low Priority)
Inadequate soil erosion control practices cause severe and
persistent colloidal clay turbidity in lakes and streams of the
southeastern United States Piedmont region. Recent large scale
wetland drainage, agricultural development projects, and removal
of riparian vegetation and buffer zones in the lower Mississippi
River Delta and the North Carolina coastal plain may have poten-
tially severe impacts (saltwater intrusion, accelerated eutro-
phication, runoff, soil erosion, etc.) on hydrology and water
quality. Extensive agricultural use of pesticides (both insecti-
cides and herbicides) in the Mississippi River Delta of Tennessee
and Mississippi have resulted in toxic levels of pesticides in
fish tissues. Of particular concern is the trend of increasing
toxaphene concentration in water and fish tissue from streams
and lakes draining agricultural lands in Mississippi, Tennessee,
Alabama, Florida, North Carolina, and South Carolina. Toxaphene
is highly toxic to fish life, and fish kills from toxaphene have
been reported in lakes and streams in South Carolina. The
Everglades Agricultural area and the Biscayne Aquifer have also
been identified as problem areas because of the potential for
severe surface and groundwater contamination by pesticide resi-
due.
e. Electric Power Generation (Medium Priority)
Major problems related to the power industry are losses of
aquatic life entrained in cooling waters, thermal impacts and
toxic metals. Most problems are highly site specific and in-
clude:
o Thermal impacts on critical estuarine habitats
such as areas rich in productive seagrasses and
macroalgae.
o Entrainment of valuable estuarine biota from in-
takes located in spawning and nursery areas.
o Instances of toxic selenium discharges in fresh-
waters of North Carolina.
f. Lake Quality (Low Priority)
With the exception of Alabama, all states in Region IV
have identified and classified all major lakes and impound-
ments. A wide range of problems were encountered at 36 percent
of the 1034 lakes studied. Problems found include:
o Nutrient enrichment at 128 (12 percent) lakes
studied.
o Turbidity and siltation at 100 (10 percent) of
lakes.
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o Toxics problems at 19 lakes in the Mississippi
River Delta area of Tennessee and Mississippi.
For lakes in urban areas, problems that impaired usage were
found on lakes having an area of 80,096 acres or 73 percent of
the total acreage of urban lakes studied.
2. Management Implications
a. Domestic and Industrial Wastes
To assure that developing toxics problems are detected in
time to take preventive action, regulatory agencies should
assure that adequate toxics monitoring programs are maintained.
Since toxicity is a biological phenomenon, the Agency should
develop a strong national policy promoting the use of toxicity
testing and other biological methodologies in the NPDES program.
The Agency should support a strong program of Operation and
Maintenance training.
A uniform national policy or procedure should be established
by EPA and FDA on the responsibility of each Agency toward de-
veloping sewerage facility plans for discharge to shellfish har-
vesting waters. Present procedures require consultations be-
tween the two agencies as such plans are developed, but virtually
no guidance is provided, and any constructive solutions are only
on a case-by-case basis as worked out by regional staffs.
b. Land Development
The Agency should promote and fully fund programs to pro-
tect invaluable freshwater and coastal wetlands from destructive
development. EPA's review role for the Corps of Engineers dredge
and fill permit program (Sec. 404 of P.L. 92-500) should be
strengthened.
c. Agriculture
To prevent the development of major water quality problems
from extensive agricultural development in the Mississippi Delta
and North Carolina coastal plain, Region IV is working closely
with state agencies and the Corps to assure that adequate moni-
toring and evaluation programs are maintained.
Limited monitoring data are available to track the impact
of agricultural chemicals in the Mississippi Delta and other
agricultural areas of the Region. Most of the data in this re-
port were from the few scattered stations monitored by the U.S.
Fish and Wildlife Service. Although some states are conducting
tissue analyses, these data are incomplete. Region IV is en-
couraging the increased use of residue analysis in the state
water quality monitoring programs.
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d. Power Generation
The majority of problems from power generation facilities
are a function of poor site selection. The Agency should en-
courage states to establish strict siting laws similar to those
in Florida.
e. Monitoring Programs
Virtually all water quality monitoring is now conducted
by the states. As more programs are successfully delegated to
the states, EPA will become even more dependent on the states
for virtually all environmental data. For example, six of the
eight states in Region IV currently have delegation of the
NPDES program, and EPA must now look to these states for point
source data.
The Section 305(b) Report is the main source of informa-
tion about water quality problems in the states. Minimal re-
sources, however, are devoted to these reports.
Biological data are even more difficult to obtain than
chemical data. The BIOSTORET system was established years ago
as a national computer base for biological data, and South Caro-
lina and Florida have been involved with the system. A total
capability was never implemented by Headquarters, however. Sup-
port is needed at Headquarters to develop the needed analytical
capability and user support for BIOSTORET.
DRINKING WATER
1. Environmental Problems, Causes, and Barriers to Resolution
a. Ranking of Problem Areas
The problem areas identified in this report are summarized
below. Each problem area has been assigned a ranking that repre-
sents the immediacy of the problem as viewed by Region IV.
o High - Bacteriological MCL and M/R violation
rates in excess of national average. The smallest
systems are experiencing the highest violation
rates. Only 6.9 percent of the total community
water systems are responsible for more than 50 per-
cent of the bacteriological M/R violations.
o High - Districts in Kentucky and Florida with
high bacteriological violation rates.
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o High - Organic contamination of groundwater
supplies in south and central Florida.
o Medium - Relatively high turbidity M/R vio-
lation rate in Kentucky.
o Medium - Water shortage problems that are
occurring particularly along coastal areas
(e.g., major coastal population centers)/
especially the east coast of Florida.
o Low - Inorganic violations for fluorides, lead,
nitrates and selenium in Alabama, North Caro-
lina, and at isolated systems throughout Region
IV.
o Low - Radiological violations, particularly in
the Piedmont.
b. Causes of Problems
The high bacteriological violation rate can be attributed
to the unusually high number of small community water systems
in Region IV, and to associated low local operating budgets,
unqualified and inadequately trained operating personnel and a
lack of understanding among operators of federal and state re-
quirements.
Problems with organic contamination in south and central
Florida are somewhat dependent on the high precursor levels
prior to chlorination and the necessary use of groundwater as
the primary source of potable water.
The water shortage problems in Region IV exist as a re-
sult of the expanding uses of water and inconsistencies in the
eastern water rights laws governing water use.
c. Barriers to Problem Solutions
Declining federal and state resources are barriers to
further reduction in the bacteriological violation rates. Also,
the low operating budget and lack of qualified personnel, which
are characteristics of many of the small community systems, make
compliance with EPA regulations extremely difficult.
The major barrier to the elimination of organic contamina-
tion in south and central Florida is the lack of data available
to identify the major contaminants and areas of contamination.
Also, it is important that the adverse health effects of the
various contaminants be established so that the public can be-
come more aware of potentially harmful chemicals.
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d. New Analytical/Program Tools Needed
Region IV has begun analyses of compliance on a routine
basis (formal report annually and informal reviews quarterly)
to assist states in managing compliance programs. An increase
in priority at the state level may be needed in some cases if
compliance levels begin to decline.
For organic contaminants where health risk is high, more
data are needed for individual water supplies in order to deter-
mine whether controls are appropriate. More controls may also
be needed at some sources of contamination (surface discharges)
but little is being done in this area. In Region IV, coordina-
tion of NPDES permit issuance and impacts on drinking water is
presently being undertaken. If positive results are obtained,
this effort will be emphasized where states have NPDES delega-
tion.
Water shortage issues are not solely within the purview
of EPA and are therefore more difficult to address. Better
techniques for dealing with water shortage concerns must be
addressed by state and local governments. Where problems have
been encountered, this type of effort is, for the most part,
underway (e.g., the Water Management Districts in Florida).
2. Implications for Agency Management
The approaches being used in Region IV, and needed
assistance from Headquarters and other agencies, are dis-
cussed in more detail in Attachment A and in the preceding
sections and will only be summarized in this section.
a. Regional Approach
o MCL and M/R violations are being analyzed on
annual and quarterly basis. Methods for im-
proving compliance rates are being developed
jointly between states and EPA. Techniques
implemented to date include:
Increased technical assistance to states
Quarterly informal data review and feedback
to states
Increased emphasis on compliance by upper
level state and EPA officials
Establishment of compliance goals for each
state experiencing compliance problems
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Additional training of state personnel
Assistance to states in the use of the com-
puterized data management systems (MSIS/FRDS)
Joint EPA/State meetings on compliance
Compliance improvement methods that are most suc-
cessful will be shared with other states and regions.
o Volatile organic compound problem areas are being
logged and controls implemented where needed to
avoid adverse and substantial health effects. How-
ever, because of lack of regulatory authority, con-
trol of organic compounds that affect drinking water
has been difficult. Also, as noted below, lack of
health effects data has had an impact on controls
of organic compounds. The exception is the program
governing trihalomethanes (THM). Where THM problems
have been identified, states are actively pursuing
controls to bring the systems into compliance.
o Volatile organic compounds entering surface sources
via pollutant discharges are being addressed in NPDES
permits. Routine coordination between permits and
drinking water staff is occurring where EPA retains
responsibility for NPDES permits.
b. Headquarters and Other Agency Assistance Needed
Assistance is needed from Headquarters in minimizing impacts
on state drinking water programs by reducing budget cuts. Pro-
posed budget levels allotted to states in FY84 will have a sub-
stantial effect on the ability of some states to deal with drink-
ing water problems. Without offsetting increases in state budgets,
the trend toward improved compliance with Safe Drinking Water Act
requirements will be reversed, potentially resulting in increased
exposures of the public to health risks. Additionally, emphasis
on bacteriological contamination problems needs to be continued.
Decreased attention to bacteriological problems as more emphasis
is placed on organic contamination problems will quickly affect
compliance rates for microbiological requirements.
Health effects data on organic contamination must be de-
veloped and should be directed by Headquarters policies. Health
effects guidance must also be further developed, particularly
for toxics not presently being reviewed by the National Drinking
Water Advisory Council.
A coordination program to address emerging quantity problems
should also be developed and should involve the numerous federal
agencies that are partially responsible for water resources.
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GROUNDWATER
1. Environmental Problems, Causes and Barriers to Resolution
Groundwater contamination is a problem common to all areas
of the Southeast, but there is a large degree of variation in
both the nature and severity of the problems. In recent years,
EPA has focused its attention principally on hazardous waste
almost to the exclusion of other groundwater pollution problems.
Hazardous waste certainly ranks as one of the greatest threats
to groundwater. In Attachment A of this report, 12 pollution
sources and associated groundwater problems are discussed. Below
these pollution sources are grouped into three categories indi-
cative of their relative impact on groundwater quality. The
definition of the pollution sources is self-explanatory except
perhaps for uncontrolled sites and landfills. Uncontrolled sites
and landfills are unmanaged with no known owner/operator.
Severe Moderate Limited
Spills and leaks Mining Agricultural activities
Uncontrolled sites Septic tanks Injection wells
RCRA land disposal
facilities* Landfills**
Oil and gas development Groundwater development
Surface impoundments** Land application
* Existing or interim status
** Other than RCRA facilities
At present, there are two areas in Region IV where ground-
water problems appear to be more critical than elsewhere. The
first is southeast Florida where the Biscayne Aquifer, the prin-
cipal source of drinking water for more than 3 million people,
is subjected to multiple threats. The second consists of parts
of several oil producing counties in eastern Kentucky where wide-
spread contamination of surface water and groundwater supplies
by saltwater is occurring. Water quality problems in the Bis-
cayne Aquifer and contamination problems caused by oil and gas
development are discussed in Attachments B and A, respectively.
Other areas in the Southeast where serious groundwater problems
may exist include:
o Surficial aquifer systems in Florida (see Figure GW-1,
Attachment A).
o Karst areas in the Floridian, Valley and Ridge, and
Central Plateau groundwater provinces (refer to Attach-
ment A) .
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o Oil producing counties in Mississippi and Kentucky.
Policy and organizational changes needed to upgrade ground-
water protection will be difficult to achieve. Barriers to ef-
fective groundwater quality management inherent in the existing
legal/regulatory system have been discussed at length in policy
documents prepared by EPA and in numerous reports and articles.
The principal obstacles according to Region IV staff are:
o Legal/regulatory gaps - Examples include lack of control
over discharge of pollutants to groundwater from (non-
RCRA) surface impoundments and use of chlorinated sol-
vents as septic tank cleaners.
o Inadequate resources - Budget and personnel constraints
are already at a critical level in some states. Fur-
ther cutbacks in federal support proposed for FY84 will
forestall, and perhaps eliminate, any new groundwater pro-
tection efforts. Region IV faces similar problems.
o Inadequate monitoring and data management - The problems
associated with groundwater monitoring and data manage-
ment reflect the complexities of groundwater resources.
o Lack of a system for reporting and tracking contamina-
tion problems - Contamination problems are discovered
by or reported to various state and federal programs
but there is no focal point to which this information
can be channeled for compilation.
Program tools needed to upgrade groundwater protection have
been identified in EPA's draft groundwater policy. These include:
o State groundwater strategies,
o Groundwater coordinating mechanisms in Headquarters and
regional offices,
o Work groups to tackle programmatic and technical issues,
o Information on groundwater contamination incidents.
The only thing to add to this list would be regional ground-
water strategies.
2. Implications for Agency Management
Because a draft national groundwater policy has now been
published, Region IV plans to begin to work on a regional ground-
water strategy immediately. It should be completed by the end
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of FY83. Concurrently, information on contamination incidents
will be compiled. This effort, however, will require the coopera-
tion of the states and other program offices within the Region.
It is imperative that EPA's groundwater policy be finalized
in the near future and the implementation activities outlined
therein be carried out. The draft policy document, however,
omitted or minimized certain needs that are critical to fulfill-
ing the goal of groundwater protection, including:
o Training - Because of the increased amount of ground-
water monitoring being done, particularly under RCRA,
there is a need to provide classroom and in-field
training to selected state employees on proper ground-
water sampling procedures.
o Resources - Establishment or expansion of state-wide
monitoring networks, additional sampling and analyti-
cal work and improvements in data management will re-
quire additional expenditures. With many state budgets
frozen and projected cutbacks in federal support, states
will not be able to increase their groundwater sur-
veillance capabilities and may even have to cut back.
o Statutory/Regulatory Revision - The draft groundwater
policy has clearly overstated the groundwater protection
provision of federally mandated programs. Because state
regulatory programs are for the most part based upon
EPA's, they too contain gaps in groundwater protection.
While it is not necessary to enact new federal programs
to fill these voids, selective revisions to specific
federal laws may be necessary to get the attention of
state legislators; or failing in that, to enable EPA to
control waste disposal practices that threaten ground-
water but are presently beyond its jurisdiction.
The principal benefit to be derived from implementation of
EPA's groundwater policy, in conjunction with the additional
steps mentioned above, is greater protection of groundwater re-
sources. The policy goal may not be achieved, however, if EPA
fails to acknowledge and act on resource problems and regula-
tory gaps.
WETLANDS
1. Environmental Problems, Causes and Barriers to Resolution
a. Wetland drainage, clearing and conversion for agricul-
ture and silviculture
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These activities result in losses of the greatest acreage
of vegetated wetlands in the Southeast. Foreign and domestic
production pressures have made land conversion expense an
economical investment, especially for large corporations.
Factors limiting regulatory protection of these areas include:
o inconsistent EPA/Corps' jurisdictional determinations;
o Corps' permissive policy in the Lower Mississippi
Valley Division regarding land clearing and their
assignment of a lower ecological value to "legally
cleared" wetlands when evaluating subsequent permit
requests;
o the new nationwide permit issued under the July 22,
1982, Corps' regulations authorizing activities in
isolated wetlands, regardless of size, without indi-
vidual project review;
o opposing judiciary opinions that affect enforcement
capabilities in Mississippi.
Land clearing and conversion is a problem throughout Region
IV, especially in the Mississippi Valley areas of Mississippi
and Tennessee, the Florida Panhandle, wetlands south of Lake
Okeechobee in Florida, the North Carolina coastal plain, and
south Georgia, and is anticipated to be a problem of growing
magnitude.
b. Water quality degradation resulting as an indirect
impact of wetland development or conversion
Wetlands filter pollutants and trap sediments transported
in surface waters. Where wetlands have been developed or con-
verted, this water treatment capability is diminished or lost.
As a result, polluted surface runoff from urban and industrial
areas and croplands does not benefit from wetland filtration
and contributes to water quality degradation in receiving water
bodies. To alleviate future problems, wetland development and
conversion must be discouraged. Current philosophy within both
EPA Headquarters and the Corps apparently fails to recognize
the role wetlands play in maintaining and improving water quali-
ty. Also, there seems to be a failure by EPA Headquarters and
the Corps to acknowledge the significance of the authority grant-
ed under the Section 404 process.
c. Lack of suitable disposal sites for dredged material
Throughout the coastal perimeter of Region IV, there ap-
pears to be a steady and potentially increasing demand for
federally sponsored dredging for maintenance and deepening of
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navigational channels. This results in the generation of tre-
mendous quantities of dredged material. The lack of environ-
mentally suitable sites for these materials is a significant
problem. Historically, dredged materials were disposed at up-
land sites, used to fill wetlands, or discharged in adjacent
aquatic areas. Region IV discourages disposal in vegetated
wetlands or in productive aquatic sites, and instead, recom-
mends disposal on upland sites or in deep ocean waters beyond
the shallow, productive coastal zone when upland sites are un-
available. Problems emerge over the Corps continued disposal
in valuable vegetated wetlands, destruction of shallow water-
bottoms through the creation of spoil islands, and discharges
into nearshore open water areas.
Studies by the Corps show that the technology for ocean
disposal of dredged material exists and that in many cases is
a cost effective option. EPA should encourage use of desig-
nated ocean disposal sites, designate additional sites if
needed, and encourage the Corps towards long term planning to
assure availability of ocean-going disposal vessels.
d. Direct loss of wetlands through fill activities
It is estimated by the Corps that 2500 acres of regulated
wetlands within Region IV, largely in the coastal zone, are
destroyed annually by filling operations. (This figures does
not include losses under Item I.e.) Prior to implementation of
the Clean Water Act, wetland losses were far greater. Pressures
for urban encroachment into wetlands continue, however, largely
due to the population shift to the South. The cumulative im-
pact of this continued, gradual wetland destruction is result-
ing in losses of important wildlife habitat, fish and shellfish
productivity, filtration of water-borne pollutants and shore-
line protection. Filling wetlands for non-water dependent
activities is clearly contrary to the Section 404(b)(l) guide-
lines and Corps' regulations. A problem arises from inconsis-
tent application of the guidelines both within and among Corps
districts. As discussed further under item 2.b., Implications
for Agency Management, EPA's ability to influence Corps' decisions
is greatly hindered under the current Memorandum of Agreement
(MOA).
e. Impacts of surface mining in wetlands
One of the major problems in Region IV involves phosphate
mining in Florida and North Carolina. Problems associated
with phosphate mining in wetlands include destruction of wet-
lands, discharge of nutrients to adjacent water-bodies, and
inability to restore large-scale mining sites to previous wet-
land conditions. Existing regulations should provide adequate
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protection for high value wetlands; however, we are frequently
placed in the position of arguing for long-term maintenance of
a high value ecosystem versus short term economic gains from
phosphate mining done primarily for foreign markets. Suggested
solutions include prohibiting mining of high value wetlands, and
permitting mining in wetlands of lesser value contingent upon
demonstrated reclamation and wetland community restoration suc-
cess. Demonstration projects are underway in Region IV to
assess the practicability and probability of success of restora-
tion of these mined wetlands.
f. Oil and gas exploration, development and production
A moderate number of producing wells occur throughout the
Southeast and adjacent coastal waters. There has been a recent
increase in seismic activity, particularly in the coastal deltas
of Mississippi and Alabama, the Mississippi Sound, the Eastern
Gulf, the Georgia Bight and the Continental Shelf edge from
Florida to North Carolina. Concerns include:
o compatibility of energy related dredge and fill activi-
ties in valuable and unique wetlands (i.e., the Ever-
glades, Mobile Delta, etc.);
impacts of drilling muds and cuttings discharges
tidally influenced productive waters.
in
Efforts to resolve and/or improve understanding of these
problems are underway. Region IV is participating as a coopera-
tive agency with the Mobile District Corps of Engineers in de-
veloping a generic Environmental Impact Statement (EIS) address-
ing impacts of oil and gas operations in the Mobile Delta and
coastal waters of the states of Alabama and Mississippi. Emphasis
in this generic assessment is toward defining best available tech-
nology and best management practices to guide industry in activity
planning and to provide the reviewing and permitting agencies
with a consistent evaluation tool. Completion of the document
is scheduled for 1984.
Region IV is currently formulating a study plan directed
at determining the fate and impact of muds and cuttings dis-
charged from drilling activities in federal waters that are
shallow and/or near state waters. Neither Alabama nor Missis-
sippi allows discharge of these materials in any state waters.
These states have expressed concerns to EPA that drilling
activities in federal waters adjacent to the 3-mile limit of
state waters may result in movement of discharged materials
into state-owned waters and affect coastal aquatic community.
A technical committee including Region IV and industrial and
state representatives have organized a workshop that will be
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conducted in 1983 for the purpose of developing specific study
design. Hands-on research efforts are expected to commence
early in FY84. Tentative plans call for use of the EPA "OSV
Antelope" as the survey vessel, with a carefully selected
team of technical experts aboard to take measurements. These
scientists would represent the academic, industrial and regula-
tory communities and the resultant study conclusions would be
presented as a joint effort.
g. Water quality and related concerns in Section 404 regu-
lated impoundment projects
Experience in Region IV has indicated that large-scale
impoundment projects constitute significant environmental
problems including:
o flooding important wetlands, mostly bottomland hard-
woods and agricultural lands;
o converting free-flowing systems to flat-water, there-
by altering aquatic community structures; and,
o degrading water quality due to unfiltered and untreated
stormwater runoff from adjacent development, nutrient
buildup, algal blooms, aquatic weed problems, reduced
assimilative capacity, lowered dissolved oxygen, etc.
Concern over the impacts from this type of project are so
great within Region IV that conflicts have arisen over three
major impoundment projects, Lake Alma (Georgia), Columbia Dam
(Tennessee), and Frank Jackson State Park (Alabama). Region IV
requested elevation of the first two of these projects for re-
view at a higher level of authority. Problems with smaller
impoundments have occurred throughout the Region, particularly
in South Carolina and Mississippi.
In both cases of elevation, EPA was overruled and permits
were sustained. Region IV feels a great need for strong Head-
quarters support in stressing the importance of wetlands, es-
pecially in the face of residential and recreational lake
development pressures.
h. Water quality impacts associated with marinas and dead-
end canal projects
Marina development in some productive shellfish areas has
caused closures of oyster and clam beds due to contamination by
fecal coliforms from boats concentrated at marinas. Runoff from
residential areas associated with marina development also con-
tributes to water quality degradation.
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Region IV is currently conducting a study to assess problems
and develop design and siting criteria for freshwater canals.
Section 10/404 permits should be denied when identified problems
cannot be eliminated or reduced to an environmentally acceptable
level.
Development projects which include excavation of dead-end
canals can pose significant water quality problems. New con-
struction of saltwater canals has drastically decreased because
of general recognition of this problem with saltwater canals and
effective Corps regulation. A problem with the development of
freshwater canal systems is emerging, however. This is particu-
larly evident throughout the Tennessee-Tombigbee Waterway in
Alabama and Mississippi, where application for major port facili-
ties, industrial canals and complex canal designs for water
front residential development are common. Region IV has recent-
ly conducted a survey of water quality problems and jointly
developed design and siting criteria for these projects with
the Corps of Engineers, the U.S. Fish and Wildlife Service
and the states of Alabama and Mississippi.
2. Implications for Agency Management
a. The revised Section 404(g) Memorandum of Agreement
between EPA and the Corps includes the following pro-
visions which should be amended to alleviate their in-
herent restraints:
(1) Elevations can be requested only in instances
involving emerging national policy, development
of new information, or lack of agency coordina-
tion. This precludes the most common need for
elevation - Region IVs concern that Corps' per-
mit issuance will result in environmental degrada-
tion.
(2) Time constraints and authority level required in
the internal preparation process are unduly re-
strictive.
(3) The Assistant Secretary of the Army (Civil Works)
decides whether the case will be reviewed at a
higher level. The Corps can arbitrarily refuse
an elevation request, thus precluding EPA in-
fluence in this decision.
(4) The Regional Administrator must sign all routine
recommendations for project modification or denial
and requests for time extentions to comment periods.
This imposes an inordinate hardship on the Regional
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Administrator. These routine matters were pre-
viously handled at the programmatic level. The
MOA needs to be amended to allow for delegation
of that responsibility by the Regional Administra-
tor.
b. EPA's responsibilities for delegation of the Section
404 program to the States
Under Section 404(g) of the Clean Water Act, EPA has the
authority to delegate Section 404 program administration to the
states. The Corps of Engineers is aggressively pursuing develop-
ment of state-wide general permits for broad-ranging activities
with potentially major environmental consequences. Region IV
is concerned that this approach by the Corps is not only con-
trary to the purposes of general permits, but more importantly,
this action may circumvent EPA's statutory authority and respon-
sibility for directing state assumption of Section 404 program
administration.
EPA should apply more critical review relative to the
Corps' issuance of general permits and subsequent transfer of
the administration of these permits to the states.
c. Lack of Section 404 regulation of civil works projects
Civil works result in more direct and/or indirect des-
truction of wetlands and water quality degradation than all
other activities covered under Secton 404, with the possible
exception of land conversion for agriculture and silviculture.
Even this land conversion is largely facilitated through Corps
sponsored flood control levee construction or stream channeliza-
tion. Navigational access to and within inter/intra-coastal
waterways and major port facilities is maintained through Corps
dredging operations. This causes highly significant problems.
Although major projects are addressed through the NEPA/EIS
process, this has not provided an adequate mechanism in the
past for EPA to influence the Corps' project priorities and
plans for implementation. A poignant example is the resistance
by the Mobile District to seriously consider deep ocean dis-
posal of vast quantities of materials routinely dredged for
navigation maintenance. Complicating the issue are the Corps'
plans to significantly deepen and extend the present channel,
which will generate an estimated 150 million cubic yards of
dredged material. The anticipated Corps solution to this
problem is fastland creation for industrial development at the
expense of productive, shallow estuarine waters in and adjacent
to Mobile Bay, clearly contrary to explicit tenets of the
Section 404(b)(l) guidelines.
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Similar problems with civil works maintenance dredging
projects exist elsewhere in the Region. The Cooper River re-
diversion project in South Carolina, maintenance and expansion
of port facilities in Jacksonville, Miami, Tampa and Pascagoula,
and other civil works projects are all adversely impacting wet-
lands and aquatic resources.
Discussions with the Corps at the Headquarters level are
needed to emphasize Agency concerns and to develop more accept-
able options for resolving these significant problems. The
Corps needs to focus greater emphasis on realistic planning of
small-scale projects and on the use of advanced dredging and
disposal technology.
d. Conflicts over responsibilities for Section 404 permit
exemption decisions
According to the 1979 opinion of Attorney General Benjamin
Civiletti, EPA has the ultimate authority to designate juris-
dictional wetlands and to determine what qualifies as an exempted
activity under Section 404(f). For operation efficiency, EPA
signed a Memorandum of Agreement with the Corps whereby the
Corps will routinely determine the jurisdictional extent of
wetlands; however, EPA retains the authority to identify special
categories or types of cases that will be referred to EPA for
jurisdictional determinations. No such mechanism has been de-
veloped for exemption determinations. EPA has recently exper-
ienced a situation where the Corps made an exemption determina-
tion contrary to the Region IV position. A mechanism to resolve
such conflicts is needed.
e. Inability to properly assess effectiveness of the
Section 404 program
Under the current Corps of Engineers systems, no mechanism
exists for the reliable quantification of wetlands lost through
individually permitted projects or through projects conducted
under general or nationwide permit authorization. Nor is there
a general accounting method for wetland losses resulting from
unauthorized activities or Corps civil works projects.
To make an accurate assessment of the program effective-
ness and to identify aspects of the program that may need im-
provement, it is important that the Corps initiate a compre-
hensive program to document wetland losses regulated under
Section 404 and civil works projects. This program could in-
clude a simple computerized system which could be made avail-
able to EPA and the other two review agencies, the U.S. Fish
and Wildlife Service and the National Marine Fisheries Service.
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f. Deficiencies of the Section 404 Enforcement Program
Problems exist within the Corps Section 404 enforcement
program due to irregular surveillance, failure to monitor per-
mit compliance, sluggish internal administrative responses to
alledged violation and numerous other factors. Enforcement is
the single largest factor in public perception of the effective-
ness of this program. EPA Headquarters should urge the Corps
to place higher priority on enforcement aspects of this program
and provide adequate resources to Region IV to lend technical
and legal support for the Corps' efforts.
g. Primary purpose test regarding the definition of fill
material in wetlands
EPA considers any discharge of material into jursidiction-
al wetlands as fill material regulated under Section 404. The
Corps has imposed a restriction on the definition, requiring
that the primary purpose of the fill be creation of fastland.
It does not requlate the disposal of wastes as fill material
under Section 404. The EPA Guidelines clearly state this con-
flict. Resolution is badly needed.
HAZARDOUS WASTE CONTROL
o Resource Conservation and Recovery Act (RCRA)
1. Problem Areas
The RCRA program is not old enough for a well defined data
base to be in existence which would allow specific environmental
problem definition. The changing regulatory scheme during the
last 2 years has hindered development of a data base as rapid
state authorization removed the primary control of the regulated
community data base from EPA. As a result, EPA must rely on
state information, which usually has considerable lag time and
loses quality in translation and handling. The Agency's chang-
ing direction concerning liquids in landfills, groundwater data
and annual reports has delayed the consolidation of state re-
quirements on the regulated community. The net effect is lack
of a present data base in most areas of the program.
a. Regulations
Regulations do not adequately address the problems encountered
with synfuel facilities, hazardous air emissions, recycling, and
the burning of hazardous fuel. Headquarters should expedite regu-
lation development.
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b. Growth and Waste Generation Increase
The projected industrial growth in Region IV translates
to a potential for greater hazardous waste production, which
will bring increases in the number of small generators of
hazardous waste, solid waste (non-hazardous) disposal, and a
need for additional waste recycling and alternative technology
facilities capable of treating waste to a non-hazardous state
thereby relieving the Region's anticipated dependence on load
disposal facilities. Public awareness and public education is
needed in these areas. There are no such activities funded at
this time.
2. Pending Problems Requiring Immediate Resolution
Following are management problems which the program should
address during FY83 (For more detail refer to Appendix A):
a. Annual Report
All Region IV state legislatures require an annual report
of generators and Treatment, Storage and Disposal Facilities
(TSDFs), which create confusion with EPA's requirement of bi-
annual reports.
b. Groundwater
Lack of groundwater monitoring data at facilities and lack
of quality control of all aspects of the groundwater monitoring
program are a problem. Headquarters should develop regulations
in this area.
c. Training of State Personnel
Training of state personnel to insure consistency is not
adequately addressed in the RCRA program. RCRA funding should
be shifted to this area.
d. State Authorization
States may lose their authorization because of failure to
receive final authorization by the statutory date. Headquarters
should ask for an extension to the deadline.
e. Small Quantity Generators
Additional control of small quantity generators of wastes
is needed. With accelerated growth of small firms, this is be-
coming a major loophole. Headquarters should develop more strin-
gent regulations to include more small quantity waste generators,
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f. Permit Application Quality
Failure of industries to submit adequate applications for
permits has been a problem. Headquarters, region and states
should conduct more training and step up enforcement of permit
quality requirements.
g. CERCLA Remedial or Planned Action - RCRA Permits
The Agency needs to resolve the question of whether CERCLA
remedial and planned actions are subject to RCRA permit require-
ments.
h. Permitting Land Disposal Facilities
The regulated community does not understand the land dis-
posal regulations which creates problems in getting good quali-
ty and complete land disposal permit applications. Headquarters,
region and states should conduct more training and step up en-
forcement of permit quality requirements.
3. Barriers
The following are barriers of longer term problems which the
Agency should be addressing during FY84 (for more detail, refer
to Appendix A):
a. Groundwater Data
The Agency needs to develop procedures and regulations
governing quality control of groundwater monitoring.
b. Burning Hazardous Waste as Fuels
The Agency needs to promulgate the regulatory definition
of a fuel and develop workable regulations for hazardous wastes
as fuel.
c. Permitting Land Disposal Facilities
Public opposition and industries lack of understanding of
land disposal regulations will increase workload and difficulty
in permitting land disposal facilities. Training and public
education should be developed and conducted at all levels.
d. State Authorization
More resources are needed to make a maximum effort toward
meeting the January 1985 deadline for final authorization.
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e. Recycling
Regulations to control recycling activities are inade-
quate and inconsistent. Headquarters should step up develop-
ment of regulations to address this area.
f. Solid Waste (Non-Hazardous) Disposal
Resources need to be shifted to accommodate the workload
associated with siting of landfills for non-hazardous solid
waste.
g. Hazardous Air Emission
Headquarters needs to provide regulations and methods
that can establish non-compliance with those regulations when
air emissions occur at hazardous waste facilities.
h. Synfuel Facilities
Better understanding is needed for the hazards of wastes
generated at synfuel facilities. Headquarters must accelerate
the study in this area and develop a regulatory scheme for these
wastes.
i. Training of State Personnel
State hazardous waste personnel need training in all aspects
of the RCRA program. Funds need to be shifted to accommodate
this.
j. Support of Recycling Activities
The Agency needs to provide leadership in the area of re-
cycling waste to energy. Funds should be shifted to this area.
k. Large Commercial Land Disposal Facilities
Region IV1s two commercial hazardous waste landfills drain
the Region's and host states' resources inordinately. The Sub-
title C grant formula should consider this resource drain to
these states.
o Superfund
1. Problem Areas
a. Cleanup of hazardous waste sites is hampered by re-
quiring the states to match funds throughout the re-
medial process. Only three Region IV states have any
method of cost sharing.
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b. Policy guidance for cost recovery actions to recover
monies disbursed from the Fund for investigation and
remedial action is ambiguous and/or nonexistent.
c. The emergency response program suffers from lack of
resources, technological problems, inadequate train-
ing of local responders, inadequate laboratory sup-
port, reporting problems and a lack of emergency
U.S. Coast Guard.
d. The most significant geographical concern is the ex-
posure of groundwater to hazardous contamination,
particularly in Florida.
e. States are reluctant to participate in a non-delegated
Federal CERCLA compliance and enforcement program.
f. An average of 3-4 years is required from project
initiation to project completion of all phases of
work involved. See PERT charts for 21 superfund
sites in Attachment A.
Barriers
a. EPA policy requirements for state matching funds for
Remedial Investigations and/or Feasibility Studies.
b. Lack of EPA policy guidance for enforcement and cost
recovery actions.
c. Lack of sufficient state personnel resources to handle
multiple sites.
RADIATION
1. Environmental Problems
a. Insufficient shallowland disposal sites for low-level
radioactive waste. This situation exists largely be-
cause a of lack of clear, comprehensive and nationally
accepted criteria, standards and guidelines.
b. Accumulation of radon gas (a carcinogen) in structures
built on reclaimed phosphate lands and/or unmined land
having phosphate out-croppings. Although EPA/Office
of Radiation Programs (ORP) has issued "recommendations"
for the State of Florida to control this problem, a
generic national standard is needed in order to provide
the states with a technical basis for establishing
state standards.
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c. Decrease in the quality, and consequently the benefit
to participating Federal, state and local agencies, of
annual exercising of Nuclear Power Plant Utility/states
radiation emergency response plans. This is due pri-
marily to economic and staffing (use of staff who nor-
mally perform other functions in the states' radiological
health program) considerations which could curtail par-
ticipation and exercising frequency. EPA representa-
tives serve as both players and evaluators in these
exercises and the Agency's "Protective Action Guides"
provide the basis for determining actions which must
be taken to protect the health and safety of the public
and hence must be properly implemented for these exer-
cises to be effective.
d. Potential health impact of non-ionizing radiation
sources. There is significant public interest and
concern on this problem with such environmental sources
as radar, radio frequency and high voltage transmission
lines. National standards are badly needed in order to
inform the public about acceptable radiation levels and
to provide the states with a basis for standard setting.
PESTICIDES
1. Pesticide Problems in the Southeast
a. Discussion of Priority Ranked Problems
(1) Pesticide Aerial Application
Pesticide aerial application has proved to be a concern
to the Agency and Region IV states as drift onto nontarget
crops continues to occur. In cooperative agreements entered
into between EPA and the Region IV states, aerial drift is
always singled out as a major priority problem, heretofore
unresolved.
Recent data indicate that the violation rate per in-
spection for both agricultural and nonagricultural pesticide
use/misuse investigations (drift problems are included in this
category) has decreased in the Region; however, the violation
rate still exceeds 60 percent based on the number of inspections
performed. These data reflect total state involvement in the
enforcement grant program.
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(2) Pesticide Poisonings
Pesticide poisonings, although generally associated with
product misuse, are still a concern because of the personal
suffering associated with such a tragedy. The implementation
and enforcement of the Agency's rules on Child Resistant Pack-
aging (CRP) should reduce the number of child poisoning inci-
dents. Tracking of the effectiveness of the regulation and
any environmental results will largely depend on the quality
of the medical data generated by the doctors and hospitals in-
volved. Historically, the data collected have been sketchy
and addressed much broader categories than children. Repre-
sentative background information for child poisonings is pre-
sented in Figure P-2, Attachment A. At southeastern facilities
participating in the survey, the incident level for the 3 most
recent years has remained constant.
(3) Groundwater Contamination
Pesticide groundwater contamination is considered to be an
emerging problem (see Attachment B).
(4) Use/Misuse Investigations
Use/misuse investigations show a high violation rate (it
still exceeded 60 percent based on FY82 data). A large contri-
butor to the misuse violation rate is the misuse of insecticides
and termiticides by PCOs. Analyses of states' inspectional work
and responses to citizens' inquiries identify this as a resource
intensive effort. While a large number of reputable pest control
companies exist, there are also many marginal operations leading
to misapplications, license violations and revocations, causing
alarm among the general populace. Recent publicity on chlordane,
heptachlor, and dieldrin are examples of the interest that can
be generated. Better guidelines for enforcement are needed in
the areas of correct application and acceptable residues both on
surfaces and in the ambient air.
(5) Pesticide Storage and Disposal
The large number of both private and commercial applica-
tors (350,000) who store pesticides and must also dispose of
waste from restricted use pesticides creates a large potential
problem. Farmers and homeowners are addressed by Agency policy
and are exempt from RCRA requirements, because that statute
excludes "household waste" from its definition of hazardous
waste. For commercial applicators, there are no guidelines for
disposal, and while it is likely that violations would be un-
covered during FIFRA inspections, violations of both FIFRA and
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RCRA would probably exist. Since no definitive areal study has
been attempted in Region IV to ascertain the extent of this
problem at the present time, all existing data would be con-
sidered the "tip of the iceberg." Improper storage and dis-
posal of bulk containers and improper disposal of water used
to rinse aircraft used for spray application have the potential
to exacerbate existing groundwater contamination problems or
create new ones.
(6) No Till Cropping
Payment in kind (PIK) and no till cropping are considered
to be emerging problems associated with a change in pesticide
use (see Attachment B).
(7) Aquatic Weeds
Exotic aquatic weeds such as hydrilla, water hyacinths,
and Eurasian water milfoil have become firmly established in
lakes, streams, rivers, canals and ponds in Region IV. Some
waterways are rapidly becoming unusable for recreation (swim-
ming, fishing, boating), transportation and as a productive
area for fish propagation. Weed-choked drainage canals have
become virtually useless for moving large quantities of water
during emergencies precipitated by heavy rains. Research on
biological controls (water hyacinth weevil, sterile hybrids
and grass carp) continues to show that such controls are not
effective alone and must be followed by, or used in conjunction
with, other controls. Herbicides have provided the most ef-
fective control.
The extent of the hydrilla problem alone is evidenced by
the fact that 6 out of 8 Region IV states have infestations of
greater than 100,000 acres. Not only has the problem spread
geographically within the Region, but the degree of infestation
in each state identified (all Region IV states except Kentucky
and North Carolina) has increased markedly over the last two
decades.
(8) Emergency Exemptions
The number of emergency exemptions requested under Section
18 of FIFRA has grown dramatically during the past 3 years. For
example, the number of requests received and acted upon by the
Agency has increased from approximately 100 in FY79 to about 500
in FY82. Of this number, over 90 requests were received from
Region IV states. There has been considerable questioning about
whether some of these requests are necessary and whether the
system is being abused by potential registrants who attempt
to market and distribute products prior to full registration.
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In addition, two Section 18 emergency exemptions (ferriamicide
for fire ant control in Mississippi, and DBCP for control of
nematodes in peaches in South Carolina) became extremely contro-
versial and called into question Agency policy regarding issu-
ance. Thus, it is not just the number of exemption requests
now being received and granted that is of concern. Since the
exemption requests include cancelled or suspended pesticides
that were involved in the RPAR process, a certain risk to
health and the environment must be assumed to be taking place.
In addition, environmental impacts of nitrosamine-containing
chemicals, or those whose Section 18 data base may have included
IBT data, cannot be disregarded.
(9) Mosquito Control
In addition to the aforementioned problems, aquatic plants
also offer breeding areas for mosquitos — both disease-bearing
and nuisance varieties. Maintenance and control of mosquito
populations through aerial application of mosquitocides present
the potential problem of drift into freshwater lakes and the
saltwater of coastal areas. Evaluation of the effect of such
applications on the environment as well as the alternative
application methods should be an ongoing program.
(10) Imported Fire Ant (IFA) Control
The IFA is a pest with a long history of infestation in
the southeastern United States. Current estimates of the degree
of IFA infestation over a 10-state area in the eastern and
southern US identify some 240 million acres as being infested,
bringing the IFA into direct conflict with an estimated 40
million inhabitants. In Region IV states, Alabama reports that
only 3 of its 67 counties remain free of infestation, and every
land acre in Florida is infested according to Florida IFA pro-
gram director. Mississippi reports migration into northern
portions of the state formerly free of the ant. Georgia indi-
cates that areas wherein some control had been achieved with
Mirex were reinfested following ban of the chemical.
The infestation in Mississippi led to the State request-
ing a specific exemption (under Section 18 of FIFRA) for the
use of ferriamicide to provide wide area control to the 26
million acres in the State. While several insecticide formula-
tions are registered for IFA control, no registered material
(in the opinion of Mississippi officials) meets the criteria
of (1) practicality of application, (2) effectiveness over a
wide range of use conditions (environmental and meteorological),
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(3) safety to man and the environment the application, (4) eco-
nomic feasibility and (5) availability. Similar requests for
for ferriamicide use were made by Arkansas and Texas. The
problem is two-fold: first, the infestation and impact of the
pest on individuals and agriculture; and second, the implication
of Agency actions regarding registration of additional pesticides
or the granting of exemptions in the absence of registration.
Pursuant to requests from Texas, Arkansas and Mississippi, the
Agency granted a specific exemption for use in these states.
Litigation initiated by the National Audubon Society and others
caused Mississippi to withdraw the application for exemption,
stating it would be refiled in 1983. Depending upon the disposi-
tion of the new request and the effectiveness of the proposed
applications of ferriamicide, other states in Region IV with
serious infestations may consider similar actions.
(11) Pesticide Residues
Increasing amounts of residues of a wide variety of pesti-
cides is a result of direct application or indirect contamination.
A better understanding of their degradation, movement, and effects
is necessary.
(12) Integrated Pest Management
Integrated pest management is a relatively new approach
to an old problem, namely, how to insure crop protection by
controlling pest populations while minimizing effects on people
and the environment. IPM attempts to make the most efficient
use of strategies available to control pest populations.
b. Implications for Agency Management
(1) Aerial Application and Drift
Some solutions to the problem are beginning to be imple-
mented through the use of "fly ins"; however, regional sources
are needed to provide an expanded federal presence at these
events. Many questions remain unanswered with regard to policy
for mixing pesticides for aerial application. In addition,
clarification of the use of vegetable oil as an anti-drift
agent to reduce drift (LV and ULV applications) is needed, both
in better enforcement guidance and policy.
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(2) Pesticide Poisonings
In theory, one solution to accidental pesticide poison-
ings of children is in place through the promulgation of regu-
lations requiring child resistant packaging for certain pesti-
cide products. Administration of this program and effective
enforcement have yet to be realized. The lack of required re-
porting and the strict registration interpretation and require-
ments are current barriers to smooth, efficient implementation
of the program.
(3) Groundwater Contamination
Groundwater contamination with pesticides can come from a
variety of sources and impact a number of Agency programs. If
misuse of a federally-registered product can be documented as
the reason for the contamination, the compliance program, rather
than the registration program, would be primarily impacted.
Similarly, this would be true for improper storage and disposal
of pesticide containers or rinse water. However, if directions
for use have been followed and groundwater contamination still
results, the registration of the chemical itself would be ques-
tioned. One of the most significant implications for Agency
management is to ensure that groundwater contamination incidents
from registered chemicals be evaluated with scrupulous regard
to quality of data so that challenges to the integrity of the
registration process can be withstood. In these situations,
the Agency should, to the degree resources allow, take a more
active role in the collection of data, not just the evaluation
of someone else's data. The current controversy with the use
of Temik in Florida is a case-in-point wherein the quality of
the groundwater samples themselves certainly could be questioned.
(4) Use/Misuse Investigations
The states have most of the primary responsibility for
use/misuse investigations particularly with regard to the
activities of PCOs. Unfortunately, they are being asked to do
"more with less." Reducing grant funding in the enforcement
of pesticide laws makes it more difficult for the states to
address misuse while simultaneously handling registration
activities and new federal requirements (CRP and LIP). The co-
operative agreement program has been highly successful, and the
states have been doing a very professional job, but they need
the resources to keep pushing ahead. Management consideration
should be given to increasing rather than decreasing grant fund-
ing to more adequately address the problems of pesticide misuse.
Additionally, the question of residues in the air and/or surfaces
after pesticide treatment, applications of termiticides at less
than labeled dose, and intepretation of the NAS guidelines (EPA's
position on the guidelines) need to be addressed in a manner that
assists the states in their inspectional and enforcement efforts.
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(5) Pesticide Storage and Disposal
Two issues surface quantifying the extent of the storage/
disposal problem. First, better guidance on disposal for com-
mercial applicators would reduce the problems. Second, a co-
ordinated effort is needed regarding Agency staff involved
with RCRA investigation and enforcement. Field inspectors in
both programs could be cross-trained to conserve resources
while achieving the same result of compliance.
(6) No Till Cropping
Until the program is established, an accurate assessment
is difficult to make of either increased or decreased use pat-
terns of specific types of pesticides (herbicide or insecticide)
USDA estimates the PIK will reduce harvested acreages by 23
million. The Agriculture Department predicts that no till
cropping will increase through the 1980's and 1990's. By the
year 2000, 65 percent of all major crops in the U.S. are pro-
jected to be grown with no till farming. From an Agency per-
spective, problems identified with these programs are primarily
related to registration and labeling. This is particularly
true for fallowed lands, not the cropped area under PIK, and
residue tolerances for the grazing requirements under PIK. In
addition, registrations for weed control on fallow land and
labeled directions for the non-crop areas are insufficient to
allow smooth operation of this program. Since registration
and labeling programs direct themselves to the application of
a particular pesticide to a particular site (crop) for a parti-
cular pest, how would fallowed lands be treated since no crop
exists there, but pests do? Regional monitoring efforts will
be required to provide adequate enforcement capability and
assistance to the states.
(7) Aquatic Weeds
The aquatic weed problem is high priority in Region IV
because conditions are ideal for excessive growth of exotic
plants. Barriers to at least a potential solution to this
problem lie in the registration of herbicides for surface
waters. This is particularly true with the establishment of
residues for potable or multiuse waters. Better coordination
with other agencies (e.g., state health departments), with other
staff in EPA (e.g., drinking water programs) and a concentra-
ted effort to make available risk/benefit analyses and economic
implications of failure to address the problem are needed. Re-
sources for increased federal presence are required for train-
ing other agencies and for comparing mechanical vs. chemical
controls.
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(8) Emergency Exemptions
The increase in the number of Section 18 Emergency Exemption
requests submitted by the states and granted by the Agency is of
great concern. The ability to monitor such exemptions effective-
ly requires resources simply not available in the Region. The
lack of an adequate enforcement mechanism is also a barrier to
a coordinated Section 18 program. Currently, withdrawal of the
exemption from the state lead agency is the only way to remedy
a violation, and since the states themselves have few resources
for monitoring, this type of solution is not likely to occur.
(9) Mosquito Control
The aerial application of mosquito adulticides adjacent
to sensitive estuarine systems is an emerging concern in south-
central and southeast Florida.
Many of the mosquitocides used (e.g. fenthion and malathion)
are highly toxic to crustaceans and fish, thus label restrictions
prohibit application over water. Unfortunately, where aerial
spraying is practiced, at least two factors make label enforce-
ment difficult, if not impossible:
o land and water areas along the southeast Florida
coast and the Florida Keys are discontinuous making
aerial spraying difficult to limit to land areas
alone,
o EPA studies show that significant quantities of
aerially sprayed adulticides drift to non-target
areas.
EPA should encourage the development of adult mosquito
control methods that do not endanger economically important
marine resources. As stated by Mr. Nat Reed, former Assistant
Secretary of the Interior for Fish, Wildlife and Parks, at a
November 20, 1982, Snook Symposium in Ft. Lauderdale, Florida:
"EPA should put more effort into how to kill a mos-
quito without losing fisheries resources."
"Label restrictions on mosquitocides should be strictly
enforced."
"Alternative mosquito control methods should be found."
For spraying pesticides with broad spectrum toxicity on
land adjacent to sensitive estuarine ecosystems, the EPA should
consider prohibiting aerial spraying of adulticides and limit
operators to the use of land-based spray application methods
in these particularly sensitive areas.
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(10) Imported Fire Ant (IFA) Control
An Agency-sponsored symposium dealing with the IFA problem
was held during 1982. The consensus of the assembled experts
was that the fire ant is truly a pest from the point of view
of human involvement (public health). Recent data concerning
the agricultural impact of the IFA show that it is an economic
pest as well. The perceived severity of the IFA as a nuisance
or public health problem has been delineated in surveys that
show about one million households have used insecticides for
IFA control.
Recent data indicate the IFA substantially impacted soybean
production in Mississippi where infestations of greater than
40 mounds per acre reduced yields as much as 33 1/3 percent.
Based on production of soybeans in the State for the years 1980
and 1982, this corresponds to losses of $32-58 million. Regional
losses could be extrapolated dependent upon the size of the
plantings (for this crop alone), but other crops are impacted
as well (e.g., cotton, sugar cane). Even with the existence
of such data, those individuals with solely agricultural interests
may have difficulty marshalling the resources necessary to imple-
ment a national program of eradication.
Barriers exist to a partial solution of the control, if
not the eradication, of the pest. Biological control is cur-
rently not possible; physical and cultural manipulation (once
thought to deter colony establishment) appear to be generally
ineffective; flooding and burning do not destroy IFA colonies.
Integrated pest management has not been effective because
chemicals have given only temporary relief; however, broad
scale eradication attempts by using insecticides alone may not
be a tenable management option. The Agency will be expected
to make decisions regarding the registration of chemical com-
pounds for partial control of the IFA. The decisions rendered
may be controversial and visible, particularly with regard to
the carcinogen policy and the data requirements under Secton
3 Of FIFRA.
(11) Pesticide Residues
The Agency should, to the degree resources permit, sup-
port research to better understand the effects and fate of
pesticides in the biota, sediments, and surface resources.
(12) Integrated Pest Management
The Agency should, in cooperation with USDA, support
vigorous research in IPM programs.
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