100R83104 '^^r"- K ^ U.S. Environmental Protection Agency Administrator's Management Accountability System Second Quarter FY 1983 Report EPA TOO/ Office of Mmao«m«nf SVatoma i""' and JPvoluaCion 1982.2 Varc^ 31,1983 1983 2nd ------- U. S. ENVIRONMENTAL PROTECTION AGENCY Administrator's Management Accountability System Second Quarter t'Y 1983 Report PREFACE This is the second quarter FY 1983 report of EPA's Management Accountability System. It reports performance during the previous quarter on specific program objectives and individual management commitments in support of the Agency's major goals. The report is published each quarter by the Office of Management Systems and Evaluation (OMSE) using information provided by Headquarters and Regional Offices. During the second quarter, we revised the procedures for reporting Regional information in response to suggestions from both the Headquarters and the Regional Offices. Under the revised procedures Regional program performance is reported primarily by the National Program offices in Headquarters, with subsequent confirmation by the Regional Administrator. We gratefully acknowledge the continuing assistance and cooperation of the many people in Headquarters program offices and in the Regions who have made the timely production of this report possible. We invite continuing examination of this report and the goals, objectives, commit- ments and measures contained in the Management Accountability System. We would appreciate any suggestions you have for improving the System, and invite~you to contact either Lew Crampton or Cindy Kelly with your ideas. ENiAl- p«OiECTION AGENCY ------- TABLE OF CONTENTS OFFICE PAGE OFFICE OF AIR, NOISE AND RADIATION 1 OFFICE OF PESTICIDES AND TOXIC SUBSTANCES 19 OFFICE OF WATER , 39 OFFICE OF SOLID WASTE AND EMERGENCY RESPONSE 63 OFFICE OF ADMINISTRATION 79 OFFICE OF POLICY AND RESOURCE MANAGEMENT 85 OFFICE OF RESEARCH AND DEVELOPMENT 89 OFFICE OF LEGAL AND ENFORCEMENT COUNSEL 93 -ill- ------- OFFICE OF AIR, NOISE AND RADIATION TABLE OF CONTENTS GOAL PAGE DEVELOPING AND REVIEWING CRITICAL REGULATIONS ENFORCEMENT MEETING PROGRAM COMMITMENTS, DELEGATION TO STATES 12 -1- ------- DEVELOPING AND REVIEWING CRITICAL REGULATIONS REDUCING THE BACKLOG OF NEW SOURCE PERFORMANCE STANDARDS (NSPS) o SIGNIFICANT PROGRESS WAS MADE DURING THE SECOND QUARTER TO IMPROVE MANAGEMENT OF THE NSPS DEVELOPMENT PROCESS: - A COMPREHENSIVE REVIEW OF THE SCHEDULE AND RESOURCES NEEDED TO COMPLETE NSPS FOR THE PRIORITY SOURCE CATEGORIES WAS COMPLETED. - MANAGEMENT REFORMS AIMED AT EXPEDITING THE REVIEW PROCESS DURING NSPS DEVELOPMENT WERE IMPLEMENTED. o A NEW MULTI-YEAR SCHEDULE HAS BEEN DEVELOPED THAT WILL MEET STATUTORY REQUIREMENTS AS QUICKLY AS POSSIBLE: - DURING FY 83, 16 PROMULGATIONS (9 ARE PRIORITY LIST NSPS) AND 21 PROPOSALS ARE SCHEDULED. - AT MID-YEAR, 10 PROMULGATIONS (4 ARE PRIORITY LIST NSPS) AND 6 PROPOSALS HAVE BEEN MADE. O AGENCY RED BORDER AND OMB REVIEWS CONTINUE TO CAUSE LENGTHY DELAYS: - RED BORDER REVIEW AVERAGES ONE-TO-TWO MONTHS LONGER THAN ALLOWED. - OMB HAS HELD TWO NSPS PACKAGES OVER ONE YEAR WITHOUT PROVIDING FORMAL NONCONCURRENCE MEMOS. ------- DEVELOPING AND REVIEWING CRITICAL REGULATIONS PLANNED NSPS MULTI-YEAR PROGRAM PROMULGATIONS I. PRIORITY LIST (36) II. OTHER NSPS (36) TOTAL CUMULATIVE % OF PRIORITY LIST % OF TOTAL THROUGH FY 82 7 _J3 10 10 83 9 _7 16 26 44 36 I 84 12 _9 21 47 78 65 ^ISCAI 85 7 _H 7 54 97 75 . YEA! 86 1 _4 5 59 100 82 * 87 0 5 5 64 - 89 88 0 _8 8 72 - 100 FY 1983 NSPS DEVELOPMENT SCHEDULE MILESTONE PROPOSALS PROMULGATIONS 1 (2) (5) QUAI 2 (4) (5) *TER 3 12 5 4 3 1 (x) = ACTUAL NUMBERS -3- ------- DEVELOPING AND REVIEWING CRITICAL REGULATIONS OANR SCHEDULE FOR FY 83 PROPOSAL AND PROMULGATION STANDARD PROPOSAL F . R . DATE PROMULGATION F . R . DATE STATUS* NATIONAL AMBIENT AIR QUALITY STANDARDS CARBON MONOXIDE PARTICULATE MATTER NITROGEN DIOXIDE SULFUR DIOXIDE — 3/83 5/83 9/83 4/83 3/84 5/84 9/84 OFF SCHEDULE 4 MONTHS; DATA PROBLEMS OFF SCHEDULE 3 MONTHS; OANR INTERNAL DELAY OFF SCHEDULE 4 MONTHS; OANR INTERNAL DELAY OFF SCHEDULE 8 MONTHS; CASAC CLOSURE DELAY NATIONAL EMISSION STANDARDS FOR HAZARDOUS AIR POLLUTANTS COKE OVEN (BENZENE) ASBESTOS REVISION BENZENE FUGITIVE MALEIC ANHYDRIDE (BENZENE) ETHYBENZENE STYRENE BENZENE STORAGE 7/83 5/83 — — — -- — — 7/83 7/83 7/83 7/83 OFF SCHEDULE 1 MONTH; OANR INTERNAL DELAY OFF SCHEDULE 1 MONTH; RED BORDER DELAY OFF SCHEDULE 1 MONTH; OANR INTERNAL DELAY OFF SCHEDULE 1 MONTH; OANR INTERNAL DELAY OFF SCHEDULE 1 MONTH; OANR INTERNAL DELAY OFF SCHEDULE 1 MONTH; OANR INTERNAL DELAY *BASED ON INTERIM MILESTONES -4- ------- DEVELOPING AND REVIEWING CRITICAL REGULATIONS OANR SCHEDULE FOR FY 83 PROPOSAL AND PROMULGATION (CONTINUED) STANDARD PROPOSAL F.R. DATE PROMULGATION F.R. DATE STATUS* RADIATION REGULATIONS INACTIVE URANIUM MILL TAILINGS SITES RADIONUCLIDES NESHAP DISPOSAL OF HIGH LEVEL RADIOACTIVE WASTE ACTIVE URANIUM MILL TAILINGS SITES — 3/83 12/82 1/83 11/82 10/83 12/83 9/83 COMPLETED ON SCHEDULE ON SCHEDULE; PUBLIC COMMENTS OFF SCHEDULE 3 MONTHS; RED BORDER/OMB DELAY MOBILE SOURCES REGULATIONS HD-HC/CO POSTPONEMENT HD-HC/CO REVISION LD DIESEL AVERAGING LD DIESEL POSTPONEMENT LEAD PHASEDOWN -- — — 12/82 — 1/83 9/83 12/82 10/83 11/82 COMPLETED ON SCHEDULE OFF SCHEDULE 5 MONTHS; OANR INTERNAL DELAY ON SCHEDULE COMPLETED *BASED ON INTERIM MILESTONES -b- ------- AIR ENFORCEMENT O DURING THE SECOND QUARTER THE NUMBER OF SIGNIFICANT VIOLATORS INCREASED, DUE IN PART TO PASSAGE OF THE DECEMBER 31, 1982 COMPLIANCE DEADLINES FOR MANY VOC SOURCES: - SIGNIFICANT VIOLATORS INCREASED FROM 303 AT THE BEGINNING OF THE QUARTER TO 330 AT THE END OF THE QUARTER. - 77 NEW SIGNIFICANT VIOLATORS IDENTIFIED. 50 SIGNIFICANT VIOLATORS RETURNED TO COMPLIANCE. O THE OVERALL COMPLIANCE RATE FOR MAJOR SOURCES REMAINS AT 95% FOR THE SECOND QUARTER. O COMBINED EPA/STATE INSPECTION STATISTICS IMPROVED THIS QUARTER AS DATA ENTRY PROBLEMS IN THE REGIONS ARE BEING CORRECTED: - 67% OF Al SOURCES DUE INSPECTION WERE INSPECTED. - 74% OF A2 SOURCES DUE INSPECTION WERE INSPECTED. O SERIOUS PROBLEMS WITH INSPECTION FREQUENCY HAVE BEEN IDENTIFIED IN FOUR REGIONS (V, VII, X, AND POSSIBLY I). HEADQUARTERS IS WORKING WITH THE REGIONAL OFFICES TO DEVELOP SOLUTIONS TO THESE PROBLEMS. -6- ------- UJ > 3 O PROGRESS IN RETURNING AIR VIOLATORS TO COMPLIANCE As Of March 31,1983 SIGNIFICANT VIOLATORS OUT OF COMPLIANCE LONGER THAN 2 QUARTERS 100- 75- U 50 a: UJ a. 25 1 2 3 QUARTER MAJOR SOURCE COMPLIANCE RATE COMPLIANCE 95.0% 5.0X INSPECTION RATE: 70X OF SOURCES DUE INSPECTION 00 PENDING ACTION: 303 330 -7- ------- MEETING PROGRAM COMMITMENTS AIR TOXICS STRATEGY o A DRAFT DOCUMENT, "PROPOSED PROCESS FOR CONTROL AND EVALUATION OF TOXIC AIR POLLUTANTS," HAS BEEN DISTRIBUTED AS SCHEDULED FOR EXTERNAL REVIEW. o THE FINAL REPORT WILL BE SUBMITTED TO THE ADMINISTRATOR IN THE FOURTH QUARTER. ENVIRONMENTAL RESULTS INDICATORS O A CONTRACT WAS AWARDED AS SCHEDULED TO STUDY THE FEASIBILITY OF REPORTING ADDITIONAL INDICATORS. A REPORT WILL BE SUBMITTED BY THE END OF THE FISCAL YEAR WITH ADDITIONAL INDICATORS TO BE TRACKED. o A REPORT OF THE NUMBER OF NONATTAINMENT AREAS WILL BE INCLUDED AT THE END OF THE FOURTH QUARTER. ------- MEETING PROGRAM COMMITMENTS SPECIAL ACTION SIPS PROGRESS ON LEAD SIPs o SCHEDULES FOR COMPLETING LEAD SIPS WERE NOT NEGOTIATED AS PLANNED. ALTHOUGH ORAL AGREEMENT HAS BEEN REACHED BY EPA AND NRDC, THERE IS NO WRITTEN AGREEMENT IN THE NRDC'S LAWSUIT. THEREFORE, FINAL GUIDANCE ON COMPLETING THESE SIPS CANNOT BE PROVIDED TO THE REGIONAL OFFICES. O ADDITIONAL TECHNICAL GUIDANCE FOR PREPARING THE LEAD SIPS WAS PROVIDED TO THE REGIONS DURING THE SECOND QUARTER. O DURING THE THIRD QUARTER, A CONTRACT TO UPDATE TECHNICAL, POLICY AND LEGAL GUIDANCE ON LEAD SIPS WILL PROVIDE ASSISTANCE TO THE REGIONAL OFFICES IN THEIR REVIEW AND PROMULGATION OF LEAD SIPS. PROGRESS ON 1982 OZONE/CO SIPs o ALL REQUIRED SIP PROPOSALS WERE PUBLISHED ON FEBRUARY 3, 1983. O SCHEDULES FOR FINAL ACTION HAVE NOT BEEN PREPARED. ROUTINE SIP PROCESSING REQUIREMENTS WILL HAVE FINAL ACTIONS REACH HEADQUARTERS BY JULY 3, 1983; PUBLICATION IN THE FEDERAL REGISTER BY SEPTEMBER 3, 1983. - FINAL ACTIONS FOR PROPOSED SIP DISAPPROVALS WILL CONTAIN SANCTION PROVISIONS. THE PUBLIC COMMENT PERIOD HAS BEEN EXTENDED AND ANALYSIS OF COMMENTS MUST BE COMPLETED BEFORE FINAL ACTION SCHEDULES ARE DETERMINED. - FINAL ACTIONS FOR PROPOSED SIP APPROVALS ARE EXPECTED TO OCCUR AT A FASTER RATE THAN PROVIDED FOR BY ROUTINE SCHEDULING. -9- ------- MEETING PROGRAM COMMITMENTS PERCENT OF SIP REVISIONS PROCESSED ON TIME O SIPS ARE CONTINUING TO BE PROCESSED IN A TIMELY MANNER: - 91% WITHIN THE FIVE MONTHS REGIONAL TARGET. - 84% WITHIN THE TWO MONTHS HEADQUARTERS TARGET. O DURING THE SECOND QUARTER, 176 SIP REVISIONS WERE PROCESSED; 111 REVISIONS WERE PUBLISHED. o MAJOR POLICY ISSUES CONTINUE TO DELAY SOME SIP REVISIONS: - SEVEN NEW SOURCE REVIEW (NSR) REVISIONS ARE ON HOLD IN THE REGIONS BECAUSE OF THE NRDC SUIT. ELEVEN REVISIONS ARE DELAYED AT HEADQUARTERS FOR ISSUES DEALING WITH NEW SOURCE REVIEW REQUIREMENTS, INTERSTATE TRANSPORT OF SO2, BUBBLES, AND REDESIGNATIONS OF NONATTAINMENT AREAS TO "UNCLASSIFIABLE". -10- ------- PERCENT OF SIP REVISIONS PROCESSED ON TIME As Of March 31,1983 100-rO UJ o a: UJ o_ TARGET ISIPs IN PROCESS: 315 UJ V) 2 O 1234 QUARTERS 354 Legend HEADQUARTERS ( TARGET - 2 MOS.) REGIONS ( TARGET - 5 MOS. ) NATIONAL LATE 10.0X ------- DELEGATION TO STATES NEW SOURCE PERFORMANCE STANDARDS O DURING THE SECOND QUARTER REGIONS SUBMITTED REVISED DELEGATION MILESTONES, MAKING THEM COMPATIBLE WITH APPLICABILITY DETERMINATIONS MADE DURING THE FIRST QUARTER. O ALL REGIONAL COMMITMENTS WERE MET DURING THE SECOND QUARTER: - REGION I ACHIEVED 100% DELEGATION DURING THE SECOND QUARTER AND EXCEEDED ITS YEAR-END PROJECTION BY DELEGATING ALL APPLICABLE NEW NSPS. - REGION VII DELEGATED THREE NSPS TO IOWA. O THE OVERALL DELEGATION OF NSPS NOW STANDS AT 91%. WITH THE ADDITION OF FOUR NEW NSPS CATEGORIES DURING THE FIRST QUARTER, AN INCREASE IN OVERALL DELEGATION TO 95% IS PROJECTED TO BE ACHIEVED BY THE END OF THE FOURTH QUARTER. O BECAUSE THE JOB OF DELEGATING THE FEW REMAINING NSPS CATEGORIES HAS PROVED MORE DIFFICULT THAN WAS THE CASE FOR THE INITIAL GROUP, THE OVERALL TARGET OF 100% DELEGATION OF NSPS THIS FISCAL YEAR WILL PROBABLY NOT BE MET. ------- DELEGATION STATUS OF NSPS As Of March 31, 1983 100 to CO v\ 2 o a bJ fee O y LJ a a & a. TARGET 25- l II IV V VI VII VIII IX X REGIONS DELEGATED: 109 70 107 124 167 68 54 153 265 73 ------- DELEGATION TO STATES NATIONAL EMISSION STANDARDS FOR HAZARDOUS AIR POLLUTANTS o NO NESHAPS DELEGATIONS WERE SCHEDULED FOR THE SECOND QUARTER AND NONE WERE ACHIEVED. o AT THE END OF THE SECOND QUARTER, THE DELEGATION OF NESHAPS REMAINS AT 94% OVERALL. O NO NEW NESHAPS HAVE BEEN PROMULGATED SINCE THE BEGINNING OF THE FISCAL YEAR. BASED UPON REGIONAL COMMITMENTS REVISED DURING THE SECOND QUARTER, 97% DELEGATION WILL BE ACHIEVED BY THE END OF THE FOURTH QUARTER. -14- ------- DELEGATION STATUS OF NESHAPS As Of March 31, 1983 100 -rO o o LJ O h- Ld O CC LJ CL TARGET 25 H I II IV V VI VII VIII IX X REGIONS CO UJ (((DELEGATED: 64 32 67 59 117 41 32 73 212 37 -Ib- ------- DELEGATION TO STATES PREVENTION OF SIGNIFICANT DETERIORATION o THERE HAS BEEN NO CHANGE OF STATUS IN DELEGATION OF PSD RESPONSIBILITY o NEITHER OF THE TWO DELEGATIONS SCHEDULED IN REGION IX WERE ACHIEVED: - ARIZONA'S SIP REVISION HAS NOW BEEN CLEARED BY OMB AND SENT TO THE ADMINISTRATOR FOR SIGNATURE. - NEVADA'S SIP REVISION IS HELD UP AT THE REGIONAL OFFICE WHILE ENFORCEMENT PROVISIONS ARE NEGOTIATED WITH THE STATE (DELEGATION NOW EXPECTED IN FOURTH QUARTER). O BY THE END OF THE FISCAL YEAR, HALF OF THE STATES WITH NO PSD RESPONSIBILITY ARE EXPECTED TO ACCEPT DELEGATION. ------- K) Ul V) o DELEGATION STATUS OF PSD As Of March, 311983 III IV V VI REGIONS VII VIII IX Selected local agencies with Independent authority : PA - Allegheny Co. Philadelphia AZ - MarTcopa Co. Plma Co CA - Bay Area Diet, Kern Co. San Diego Co, So Coaet Dl»t, Ventura Co NV - Clark Co. Washoe Co Excluilont: Region II - PR.Vh Region VIII - SD; Region IX - OU. AS, TT 4- 3- 2- 1- 0 MR PM VC SO SC KC PA AZ CA NV STATES Legend NONE IB PRRTIflL-- 18 FULL 28 TARGETED TOR FULL DELEGATION IN FY-83 TARGETED FOR PARTIAL PROGRAM DELEGATION IN FY-83 -17- ------- DELEGATION TO STATES NATIONAL AUDIT SYSTEM o KEY DEVELOPMENTAL STEPS TOWARD ACHIEVEMENT OF THE NATIONAL AIR PROGRAM AUDIT SYSTEM WERE COMPLETED ON SCHEDULE; - A SURVEY OF REGIONAL AIR AUDIT PROGRAMS WAS COMPLETED. - A WORK GROUP COMPOSED OF BOTH EPA AND STAPPA/ALAPCO REPRESENTATIVES WAS FORMED TO DETERMINE AUDIT ELEMENTS, SCHEDULES AND CRITERIA. o DRAFT AUDIT CRITERIA WILL BE AVAILABLE BY JUNE AND REGIONS WILL PROVIDE AUDIT SCHEDULES FOR FY 84 BY THE END OF THE FOURTH QUARTER, FOLLOWING ISSUANCE OF THE FINAL AUDIT CRITERIA. TAMPERING AND FUEL SWITCHING PROGRAM O COMMITMENTS FOR THE NUMBER OF TAMPERING AND FUEL SWITCHING PROGRAMS DEVELOPED BY STATES DURING FY 83 WERE SUBMITTED ON SCHEDULE BY ALL REGIONAL OFFICES. O BY THE END OF THE FISCAL YEAR, 32 AREAS ARE EXPECTED TO HAVE OPERATING PROGRAMS OR TO BE MAKING SIGNIFICANT PROGRESS TOWARD IMPLEMENTATION OF PROGRAMS. -18- ------- OFFICE OF PESTICIDES AND TUX 1C SUBSTANCES TABLE Ob' CONTENTS GOAL PAGE MEETING PROGRAM COMMITMENTS 20 DEVELOPING AND REVIEWING CRITICAL REGULATIONS 31 ENFORCEMENT 32 IMPROVING THE QUALITY OF EPA SCIENCE 38 -19- ------- MEETING PROGRAM COMMITMENTS PESTICIDE REGISTRATION APPLICATIONS CURRENT APPLICATIONS o OPP COMPLETED AN AVERAGE OF 98% OF ALL APPLICATIONS WITHIN THE ADMINISTRATIVE TIMETABLES. o OPP EXCEEDED THE TARGET IN EACH CATEGORY OF REGISTRATION APPLICATIONS: - 97% OF NEW CHEMICAL REVIEWS; - 98% OF OLD CHEMICAL REVIEWS; AND - 99% OF AMENDED REGISTRATION REVIEWS. O OF 4,634 APPLICATIONS PROCESSED, 20% OF THE APPLICATIONS WERE FOR NEW CHEMICALS. BACKLOG o THE NUMBER OF BACKLOGGED APPLICATIONS CONTINUED TO GROW TO 69 FROM 31 LAST QUARTER. THIS COMPARES WITH 183 AT THIS TIME LAST YEAR. OPTS ATTRIBUTES THE RECENT INCREASE TO SEVERAL FACTORS, INCLUDING AN INCREASE IN REGISTRATION APPLICATIONS AND THE TRANSFER OF 20 KEY SCIENTIFIC AND TECHNICAL STAFF FROM OPP TO OTS IN AN OUTPLACEMENT PROGRAM. -20- ------- PESTICIDE REGISTRATION APPLICATIONS PERCENT OF FY-83 APPLICATIONS COMPLETED WITHIN APPLICABLE TIMETABLE As Of March 31,1983 K) 5- ui V* 2 O O a: UJ a. TOTAL PROCESSED : 4357 2 3 QUARTERS 4634 •TARGET SIZE OF BACKLOG 100-1 75- 50- 25- 82 1 234 QUARTERS NO. OF PENDING APPLICATIONS WHOSE TIME LIMIT HAS BEEN EXCEEDED Legend ACTUAL -21- ------- MEETING PROGRAM COMMITMENTS PESTICIDE FFDCA TOLERANCE PETITIONS CURRENT PETITIONS O OPTS REVIEWED 81% OF THE SUBMISSIONS WITHIN THE STATUTORY DEADLINE, PERFORMANCE IN THIS AREA HAS NOTABLY IMPROVED BOTH FROM 75% LAST QUARTER AND 54% AT THIS TIME LAST YEAR. O QUARTERLY PERFORMANCE IMPROVED WHILE THE NUMBER OF SUBMISSIONS PROCESSED INCREASED BY 76% OVER FIRST QUARTER. BACKLOG o OPTS HAS BEGUN TO RECOVER FROM IT'S FIRST QUARTER INCREASE IN THE BACKLOG. -22- ------- FFDCA TOLERANCE PETITIONS PERCENT OF FY-83 PETITIONS COMPLETED WITHIN STATUTORY TIME LIMIT As Of March 31,1983 100 -i o o: LJ Q. K) 00 Ul (SI 50- TOTAL PROCESSED : TARGET 2 3 QUARTERS 113 199 SIZE OF BACKLOG 60-i 45- 30- 15- 82 1 2 3 QUARTERS NO. OF PENDING PETITIONS WHOSE TIME LIMIT HAS BEEN EXCEEDED Legend ACTUAL -23- ------- MEETING PROGRAM COMMITMENTS PESTICIDE EXPERIMENTAL USE PERMITS CURRENT APPLICATIONS o OPTS MET THE STATUTORY DEADLINE FOR REVIEW OF SUBMISSIONS IN 87% OF THE CASES. EVEN THOUGH THIS IS A SLIGHT DECREASE IN PERFORMANCE AGAINST TARGET, THE TOTAL NUMBER OF SUBMISSIONS PROCESSED NEARLY DOUBLED DURING THE SECOND QUARTER. BACKLOG o THE BACKLOG INCREASED SLIGHTLY TO 12 ACTIONS IN THE SECOND QUARTER. OPTS ATTRIBUTES THIS INCREASE TO THE LOSS OF KEY SCIENTIFIC AND TECHNICAL STAFF IN OPP. -24- ------- EXPERIMENTAL USE PERMIT APPLICATIONS PERCENT PROCESSED ON TIME As Of March 31,1983 1001 K) 00 2 O TOTAL PROCESSED : 6B 2 3 QUARTERS 120 TAftOET SIZE OF BACKLOG 20-1 10- 82 1 234 QUARTERS NO. OF APPLICATIONS WHOSE TIME LIMIT HAS BEEN EXCEEDED Legend ACTUAL IMWKT,.,, -25- ------- MEETING PROGRAM COMMITMENTS PESTICIDE REGISTRATION STANDARDS O OPTS ESTABLISHED FIVE REGISTRATION STANDARDS IN THE SECOND QUARTER. THIS PERFORMANCE MET THE SECOND QUARTER TARGET AND RAISED TO EIGHT THE CUMULATIVE NUMBER OF STANDARDS COMPLETED IN FY 83. o DURING THE SECOND QUARTER, OPRM CONDUCTED A MANAGEMENT REVIEW OF THE FOLLOW-UP NEEDED FOR OPP TO OBTAIN AND PROCESS DATA REQUESTED UNDER THESE STANDARDS. RECOMMENDATIONS HAVE BEEN SUBMITTED TO OPP MANAGEMENT FOR DEVELOPMENT OF A COMPREHENSIVE WORK PLAN TO BE INCORPORATED INTO THE ACCOUNTABILITY SYSTEM WHICH WILL RESULT IN AN INCREASED FOCUS ON FOLLOW-UP ACTIVITIES BY THE END OF FY 83. -26- ------- K) 00 UJ V} 2 o PESTICIDE REGISTRATION STANDARDS CUMULATIVE NUMBER OF STANDARDS ESTABLISHED As Of March 31,1983 25-i 2 3 QUARTERS Legend •I ACTUAL IZZ) TARGET L- -27- ------- MEETING PROGRAM COMMITMENTS PESTICIDE SPECIAL REVIEW DECISIONS o NO SPECIAL REVIEW DECISIONS WERE COMPLETED IN THE SECOND QUARTER, NOR HAVE ANY BEEN COMPLETED IN FY 83 AGAINST AN END-OF-YEAR TARGET OF 13. o OPTS ATTRIBUTES THIS LACK OF PERFORMANCE TO A NUMBER OF FACTORS: - LOSS OF KEY SCIENTIFIC STAFF AND PROJECT MANAGERS; - USE OF SCARCE STAFF TO ADDRESS OTHER HIGH PRIORITY PROBLEMS; AND - UNANTICIPATED ISSUES WHICH HAVE HAMPERED DECISION-MAKING AND DISRUPTED PROGRAM PROCESSES. O OPTS HAS SUBMITTED A DRAFT REQUEST TO ADJUST DOWNWARD FROM 13 TO 9 THE TOTAL SPECIAL REVIEW TARGET FOR FY 83. -2H- ------- PESTICIDE SPECIAL REVIEW DECISIONS CUMULATIVE NUMBER OF DECISIONS COMPLETED As Of March 31,1983 20-1 00 UJ V) o g 00 10- 2 3 QUARTERS Legend •I ACTUAL E3 TARGET -29- ------- MEETING PROGRAM COMMITMENTS SUMMARY OF OPTS ACTIONS ON EXISTING CHEMICALS ITEM STATUS o PCB REMAND—PROPOSED RULE FOR UNCONTROLLED SYSTEMS. ON SCHEDULE: SUBMITTED COURT-ORDERED QUARTERLY PROGRESS REPORT. o FORMALDEHYDE INTERAGENCY AGREEMENT, ON SCHEDULE; COMPLETED QUARTERLY REVIEW OF CLEARINGHOUSE AND WORKSHOP ACTIVITIES. O FORMALDEHYDE CANCER-CASE CONTROL STUDY. BEHIND SCHEDULE ONE MONTH: DEVELOPED AND SUBMITTED STUDY QUESTIONNAIRE TO OMB FOR APPROVAL. O MBOCA—PROPOSED RULE. BEHIND SCHEDULE THREE WEEKS: ANPR AND DEVELOPMENT PLAN COMPLETED STEERING COMMITTEE REVIEW THREE WEEKS LATE. -30- ------- DEVELOPING AND REVIEWING CRITICAL REGULATIONS SUMMARY OF SECOND QUARTER OPTS ACTIVITIES ITEM STATUS o REVIEW OF FIFRA REGULATIONS: - WORKER PROTECTION STANDARD. RECOMMENDATION FORWARDED TO AA/OPTS ON SCHEDULE. O TSCA PREMANUFACTURE NOTIFICATION (PMN) RULE. AHEAD OF SCHEDULE; STEERING COMMITTEE AND RED BORDER REVIEWS COMPLETED TWO WEEKS EARLY. ------- ENFORCEMENT FIFRA COMPLIANCE MONITORING INSPECTIONS o INSPECTIONS COMPLETED IN THE SECOND QUARTER RAISED THE TOTAL NUMBER OF INSPECTIONS IN FY 83 TO WITHIN 75% OF THE END-QF-YEAR TARGET. O AFTER A RELATIVELY POOR SHOWING LAST QUARTER, OPP MADE A NOTEWORTHY EFFORT TO IMPROVE ITS PERFORMANCE IN COMPLETING LABORATORY AUDITS. 13 AUDITS WERE COMPLETED IN THE SECOND QUARTER AGAINST THE END-OF-YEAR TARGET OF 40. O SIGNIFICANT VIOLATORS INCLUDE THOSE ISSUED.ADMINISTRATIVE CIVIL COMPLAINTS AND CRIMINAL REFERRALS TO DOJ. -32- ------- to ft o F1FRA COMPLIANCE MONITORING INSPECTIONS AND ENFORCEMENT ACTONS CUMULATIVE NUMBER COMPLETED As Of March 31,1983 500- SIGNIF1CANT VIOLATORS ADDRESSED: EOTTAMCT 1 2 3 QUARTERS 41 77 -3J- ------- ENFORCEMENT TSCA COMPLIANCE MONITORING INSPECTIONS O COLLECTIVELY, THE REGIONS ARE ON TARGET SCHEDULE, COMPLETING 45% OF THEIR END-OF-YEAR COMMITMENT. O OF 483 INSPECTIONS COMPLETED, 436 WERE FOR PCB COMPLIANCE MONITORING. ONLY 1 DIOXIN INSPECTION HAS BEEN COMPLETED AGAINST THE END-OF-YEAR TARGET OF 64. O CONSENT AGREEMENTS AND FINAL ORDERS HAVE BEEN SIGNED TO RETURN 26 • OF 138 SIGNIFICANT VIOLATORS TO COMPLIANCE THIS YEAR. THE CUMULATIVE NUMBER OF FY 83 CASES REMAINING OPEN IS 112. SETTLEMENT DISCUSSIONS ARE ONGOING IN THESE CASES. -34- ------- TSCA COMPLIANCE MONITORING INSPECTIONS AND ENFORCEMENT ACTIONS CUMULATIVE NUMBER COMPLETED As Of March 31, 1983 •0 $ 1*1 ft o a GJ I80°" S. 1600- 2E 0 1400- g 1200- 2 1000- Z 800- Ld fr 600- 3 400- Z) >» S / S ^^ i ™\./' o «JX^ 1234 QUARTERS SIGNIFICANT VIOLATORS ADDRESSED: 50 138 ------- ENFORCEMENT REGIONAL TSCA COMPLIANCE MONITORING INSPECTIONS o THE REGIONS MADE MIXED PROGRESS IN THE SECOND QUARTER TOWARD ACHIEVING THEIR END-OF-YEAR TARGETS: - REGIONS II AND VII AND SHOULD SIGNIFICANTLY INCREASE THEIR ENFORCEMENT ACTIVITY IN THE THIRD QUARTER; - REGION V MADE SLOW PROGRESS, BUT EFFECTIVELY FOCUSED ITS ENFORCEMENT EFFORTS TO ADDRESS 71 SIGNIFICANT VIOLATORS WHILE COMPLETING 124 INSPECTIONS IN THE FIRST TWO QUARTERS; - REGION VIII HAS COMPLETED 287 INSPECTIONS IN FY 83 AGAINST A TARGET OF 98. THE APPARENT LOW VIOLATION RATE IN REGION VIII WHEN COMPARED TO REGION V WILL BE REVIEWED BY OPRM IN THE THIRD QUARTER. O NEXT QUARTER, THE REGIONS WILL BEGIN TO REPORT ON THE NUMBER OF SIGNIFICANT VIOLATORS IDENTIFIED IN TSCA INSPECTIONS. THIS INFORMATION WILL MAKE IT POSSIBLE TO CALCULATE THE COMPLIANCE RATE. -Jb- ------- REGIONAL TSCA COMPLIANCE MONITORING INSPECTIONS As Of March 31,1983 5 2 O a 500-1 SIGNIFICANT VIOLATORS ADDRESSED: 4 II IV V VI VII VIII IX X REGIONS 71 13 Legend • ACTUAL E2 END-OF-YEAR TARGET -37- ------- IMPROVING THE QUALITY OF EPA SCIENCE QUALITY ASSURANCE ACTIVITIES OPP o OPP COMPLETED ON SCHEDULE A STANDARD OPERATING PROCEDURE FOR FORMULATION ANALYSIS AND CHEMICAL LABORATORIES; HOWEVER, THE PLAN HAS NOT YET BEEN APPROVED BY THE OPP QA OFFICER. OTS O OTS COMPLETED AND APPROVED AHEAD OF SCHEDULE A QA PROJECT PLAN FOR ASBESTOS EFFICACY TESTING OF ABATEMENT TECHNIQUES. -J8- ------- OFFICE OF WATER TABLE OF CONTENTS GOAL PAGE DELEGATION TO STATES 40 DEVELOPING AND REVIEWING CRITICAL REGULATIONS 47 MEETING PROGRAM COMMITMENTS 50 ENFORCEMENT 58 -3y- ------- DELEGATION CONSTRUCTION GRANTS DELEGATION TO STATES AND ASSIGNMENT TO CORPS OF ENGINEERS o AT THE START OF FY 83, THE PROGRAM WAS 77% DELEGATED WITH FOURTEEN STATES FULLY DELEGATED. BY THE END OF FY 83, THE PROGRAM IS SCHEDULED TO BE 85% DELEGATED, WITH TWENTY-THREE STATES FULLY DELEGATED. o THE PROGRAM MET ITS NATIONAL MID-YEAR TARGET AND IS NOW 82% DELEGATED: 56% TO THE STATES. 26% TO THE CORPS. O REGIONS II, VII AND VIII MET AND REGION VI SIGNIFICANTLY EXCEEDED MID-YEAR TARGETS FOR TOTAL WORKLOAD DELEGATED. O THREE STATES HAVE BEEN FULLY DELEGATED SINCE THE START OF FY 83: - IN REGION II, NEW YORK AND NEW JERSEY. IM REGION IV, NORTH CAROLINA. O AT THE START OF FY 83, FORTY-SIX STATES AND TERRITORIES HAD SIGNED DELEGATION AGREEMENTS. THREE MORE STATES ARE EXPECTED TO SIGN DELEGATION AGREEMENTS BY THE END OF FY 83. -40- ------- CONSTRUCTION GRANTS DELEGATION STATUS PERCENT WORKLOAD DELEGATED TO STATES & CORPS As Of March 31,1983 PERCENT - NATIONWIDE lOO-i NONE 75 ' 82 1 2 3 4 QUARTERS Legend CORPS OF ENGINEERS STATE a NONE -41- ------- DELEGATION STATE ASSUMPTION OF NPDES AUTHORITY o AT THE START OF FY 83, TEN STATES HAD ASSUMED FULL DELEGATION. BY THE END OF FY 83, SEVENTEEN STATES ARE SCHEDULED TO BE FULLY DELEGATED. O DURING THE FIRST TWO QUARTERS, REGIONS IV AND V MET THEIR TARGETS: - MISSISSIPPI ASSUMED FULL DELEGATION AFTER ACCEPTING FEDERAL FACILITIES ACTIVITY. OHIO ADDED FEDERAL FACILITIES TO ITS BASE NPDES ACTIVITIES. O REGION VII WAS UNABLE TO DELEGATE PRETREATMENT ACTIVITIES TO NEBRASKA AS SCHEDULED DUE TO PROBLEMS WITH STATE REGULATIONS. o REGIONS I, II, III, VI AND VIII ARE NOT SCHEDULED TO DELEGATE NPDES PROGRAM ACTIVITIES IN FY 83. ------- STATE ASSUMPTION OF NPDES AUTHORITY As Of March 31,1983 II III IV V VI REGIONS VII VIII IX Legend a NO flSSUHED flCTIVITIES 18 CD NPQES ONLY 8 NPOES 4 ONE OTHER RCTIVin 16 FULL flSSUMPTION 11 •• TARGETED FOR FUU ASSUMPTION IN FY-83 K> Atsumabl* activities art NPOES, F«d«ral Faetlltlci and Prttrtatmtnt. TARGETED FOR ONE MORE ACTIVITY IN FY-83 -43- ------- DELEGATION STATE UNDERGROUND INJECTION CONTROL PROGRAMS APPROVED o AT THE START OF THE SECOND QUARTER OF FY 83: - 5 STATES HAD ASSUMED FULL PRIMACY. - 5 STATES HAD PARTIAL PROGRAM APPROVAL. - 30 STATES HAD ASSUMED NO ACTIVITIES. - 18 STATES REQUIRED FEDERAL PROGRAMS. O DURING THE SECOND QUARTER, UTAH ASSUMED FULL PRIMACY AND FLORIDA AND NEBRASKA RECEIVED PARTIAL PROGRAM APPROVAL. SIX STATES NOW HAVE FULL PRIMACY AND SIX STATES HAVE PARTIAL PROGRAM APPROVAL. o BY THE END OF FY 83: - 27 STATES ARE SCHEDULED FOR FULL PRIMACY. 3 STATES ARE SCHEDULED FOR PARTIAL PROGRAM APPROVAL. 10 STATES ARE NOT EXPECTED TO ASSUME ANY ACTIVITIES. - 18 STATES ARE EXPECTED TO REQUIRE FEDERAL PROGRAMS. O REGIONS III AND VIII MISSED THEIR TARGETS FOR MARYLAND AND SOUTH DAKOTA. O AT THE END OF THE SECOND QUARTER, STATE UIC PROGRAMS COVERED ABOUT 50% OF THE APRIL 13, 1983 NATIONAL INVENTORY OF INJECTION WELLS AND, BY THE END OF THE YEAR, THEY ARE EXPECTED TO COVER ABOUT 85%. O THE OFFICE OF WATER HAS PROPOSED CHANGES TO THE DELEGATION SCHEDULE. DIRECT IMPLEMENTATION O THE OFFICE OF WATER HAS ACCELERATED ITS DIRECT IMPLEMENTATION SCHEDULE. A DIRECT IMPLEMENTATION PROGRAM FOR ALL STATES IS TARGETED TO BE PROPOSED 5/83 AND FINAL 10/83. O PROGRAMS CURRENTLY TARGETED FOR DIRECT IMPLEMENTATION WILL COVER ABOUT 15% OF THE APRIL 13, 1983 NATIONAL INVENTORY OF INJECTION WELLS. O THE OFFICE OF WATER HAS PROPOSED ADDING SOME STATES TO THE LIST FOR DIRECT IMPLEMENTATION. -44- ------- STATE UIC PROGRAMS APPROVED As Of March 31,1983 Legend FULL PRIMRCY e CLflSS I, III, IV, V HEUS- 2 tZl CLflSS II HELLS 4 CD NO flSSUHED flCTIVITIES 28 0 FEDERflL PROGRRH REQUIRED- 18 I! Ill IV V VI VII VIII IX X REGIONS ** TARGETED FOR FULL PRIMACY IN nr-83 K) 00 A F«d«ral program !• rtqulrtd In tho»« S1at«» that hav« not applied for primacy. • TARGETED FOR PARTIAL PROGRAM APPROVAL IN FY-03 TARGCTED FOR FULL PRIMACY IN FTT-84 -45- ------- DEVELOPING AND REVIEWING CRITICAL REGULATIONS ITEM STATUS CONSTRUCTION GRANTS REGULATIONS OFF SCHEDULE ONE MONTH; RED BORDER DELAY. AGENCY APPROVED FINAL RULE 2/11/83. NOW AT OMB. 404(b)(l) GUIDELINES REVISIONS OFF SCHEDULE TEN DAYS; RED BORDER DELAY - AWAITING NEW ADMINISTRATOR'S REVIEW. NATIONAL INTERIM PRIMARY DRINKING WATER STANDARDS OFF SCHEDULE ONE MONTH; OW INTERNAL DELAY. BEST CONVENTIONAL TECHNOLOGY REGULATIONS NPRM PUBLISHED FIRST QUARTER. PROGRAM APPROVED FINAL RULE DUE 7/15/83. GENERAL PRETREATMENT REGULATIONS NPRM PUBLISHED FIRST QUARTER. PROGRAM APPROVED FINAL RULE DUE 6/15/83. NPDES REGULATIONS REVISIONS PROGRAM APPROVED NPRM FIRST QUARTER. AGENCY APPROVED NPRM DUE 5/15/83. WATER QUALITY STANDARDS REGULATIONS NPRM PUBLISHED FIRST QUARTER. PROGRAM APPROVED FINAL RULE DUE 6/6/83. -47- ------- DEVELOPING AND REVIEWING CRITICAL REGULATIONS EFFLUENT -GUIDELINES o TWENTY-NINE EFFLUENT GUIDELINES WERE COVERED BY THE AUGUST 25, 1982 COURT-ORDERED SCHEDULE. THE PROGRAM IS IN COMPLIANCE WITH THAT SCHEDULE, - FOUR EFFLUENT GUIDELINES WERE PROMULGATED ON SCHEDULE BEFORE FY 83. - EIGHT EFFLUENT GUIDELINES WERE PROMULGATED ON SCHEDULE DURING THE THE FIRST QUARTER FY 83. O ONE EFFLUENT GUIDELINE WAS PROMULGATED ON SCHEDULE DURING THE SECOND QUARTER (ELECTRICAL/ELECTRONIC COMPONENTS (PHASE I)). O FOUR EFFLUENT GUIDELINES WERE PROPOSED ON SCHEDULE DURING THE SECOND QUARTER: - COIL COATING (CAN MAKING SEGMENT). - ELECTRICAL/ELECTRONIC COMPONENTS (PHASE II). - NONFERROUS METALS (PHASE I). - ORGANIC CHEMICALS. o ONE EFFLUENT GUIDELINE (ADHESIVE/SEALANTS) WAS REMOVED FROM THE SCHEDULE IN FEBRUARY. O BY THE END OF FY 83, THERE WILL BE: 18 FINAL EFFLUENT GUIDELINES. 10 PROPOSED EKFLUENT GUIDELINES. -48- ------- EFFLUFHT GUIDELINES SCHEDULE FOR FY '03 PROPOSAL AND PROMULGATION AS OF MARCH 31. 1983 Industry Adhes I ve/Sea lants Aluminum Forming Battery Manufacturing Ooil Coating (Can Making Segment) Copper Forming Electrical fc Electronic (Phase I) Electrical fc Electronic (Phase II) Foundries Inorganic Chemicals (Phase II) Metal Finishing Non ferrous Metals Forming Nonferroua Metals (Phase I) Nonferrous Metals (Phase II) Organic & Plastics Chem Pesticides Pharmaceuticals Plastics Molding and Forming BMP (F.R. Date) 11/22/82 11/10/82 1/83 11/12/82 3/83 2/83 11/15/82 8/31/82 1/83 2/83 11/30/82 11/26/82 KY '83 ONDJFMAMJJAS EXCLUDED BY PARAGRAPH 8. • •• • PROMULGATED 3/83. • • • • PROPOSED 1/83 • PROPOSED 2/83, FY '84 0 N D .» • • • • • Proposal * Pronulgation Note: This Is the schedule approved by the Court on August 25, 1982. -49- ------- MEETING PROGRAM COMMITMENTS CONSTRUCTION GRANTS OBLIGATIONS o NATIONALLY, ACTUAL OBLIGATIONS FOR THE SECOND QUARTER WERE 74% OF THE PLANNED TARGET. ALTHOUGH THIS IS SIGNIFICANTLY BELOW THE 85% MINIMUM TARGET, IT REPRESENTS A SUBSTANTIAL IMPROVEMENT OVER THE FIRST QUARTER PERFORMANCE OF 54%. o REGIONS II, VI, VII AND X EXCEEDED THEIR OBLIGATION TARGETS. o REGIONS III AND IV ACHIEVED LESS THAN 40% OF THEIR OBLIGATION TARGETS. O THE OFFICE OF WATER IS PROPOSING TO CHANGE ITS COMMITMENT TO GROSS OBLIGATIONS TO ELIMINATE THE COMPETING PRESSURES OF NET OBLIGATIONS AND PROMPT DEOBLIGATIONS. CONSTRUCTION GRANTS OUTLAYS O NATIONALLY, ACTUAL OUTLAYS FOR THE FIRST QUARTER WERE 97% OF THE PLANNED TARGET. O MOST REGIONS WERE WITHIN ^5% OF THEIR TARGET. REGIONS IV, VIII AND X ACHIEVED 86%, 81% AND 86% OF THEIR RESPECTIVE TARGETS. ------- CONSTRUCTION GRANT PROGRAM OBLIGATIONS AND OUTLAYS As Of March 31.1983 OBLIGATIONS OUTLAYS IO Ul U) o 1 2 3 QUARTERS TARGET., ACTUALS 1 2 3 QUARTERS -bL- ------- MEETING PROGRAM COMMITMENTS CONSTRUCTION GRANTS COMPLETIONS AND CLOSEOUTS O NATIONALLY THE OFFICE OF WATER ACHIEVED 94% OF ITS SECOND QUARTER TARGET FOR PHYSICAL COMPLETIONS. REGIONS I, II, VI, VII, IX AND X EXCEEDED THEIR TARGETS WHILE REGIONS III, IV AND VIII ACHIEVED LESS THAN 75% OF THEIR TARGETS. O NATIONALLY, THE OFFICE OF WATER ACHIEVED 82% OF ITS SECOND QUARTER TARGET FOR ADMINISTRATIVE COMPLETIONS. REGIONS I, VI, VII AND X EXCEEDED THEIR TARGETS WHILE REGIONS II, III AND V ACHIEVED LESS THAN 75% OF THEIR TARGETS. O NATIONALLY, THE OFFICE OF WATER ACHIEVED 117% OF ITS SECOND QUARTER TARGET FOR PROJECT CLOSEOUTS. THIS WAS A SUBSTANTIAL IMPROVEMENT OVER THE FIRST QUARTER PERFORMANCE OF 74%. REGIONS I, III, IV, VI, VII, VIII AND X MET OR EXCEEDED THEIR TARGETS WHILE REGION II ACHIEVED LESS THAN 50% OF ITS TARGET. ------- CONSTRUCTION GRANT COMPLETIONS/CLOSEOUTS PROJECTS COMPLETED As Of March 31, 1983 J- LJ O 01 Q_ U_ O 0 1500 -, 1250- 1000- 750- 500- 250- 0- K> UJ V) Physical Completions 1234 QUARTERS DIFFERENT SCALE Administrative Completions Project Closeouts 1234 QUARTERS Legend • ACTUAL a TAMOET 1234 QUARTERS -b3- ------- MEETING PROGRAM COMMITMENTS NPDES PERMITTING REPERMITTING O AT THE START OF FY 83, EPA'S NPDES REPERMITTING BACKLOG INCLUDED APPROXIMATELY 1,175 MAJOR PERMITS AND 9,000 MINOR PERMITS. OF THE 1,175 BACKLOGGED MAJOR PERMITS, 20 WERE FOR FEDERAL FACILITIES, 260 WERE FOR MUNICIPALITIES AND 895 WERE FOR INDUSTRIAL FACILITIES. THE OFFICE OF WATER IS CURRENTLY GIVING PRIORITY TO REDUCING THE BACKLOG OF MAJOR INDUSTRIAL PERMITS. O FORTY-SEVEN INDUSTRIAL PERMITS WERE TARGETED FOR REISSUANCE IN THE SECOND QUARTER. FORTY (INCLUDING SOME MINORS) WERE REISSUED. O REGIONS I AND IV EXCEEDED THEIR REPERMITTING TARGETS. NEW PERMITS O THE REGIONS ISSUED 305 NEW PERMITS DURING THE FIRST TWO QUARTERS. THE AVERAGE PROCESSING TIME FROM RECEIPT OF A COMPLETE APPLICATION TO PERMIT ISSUANCE WAS THREE MONTHS. ------- REDUCING REPERMITTING BACKLOG As Of March 31, 1983 PERMITS TO BE REISSUED REDUCTION IN MAJOR INDUSTRIAL PERMIT BACKLOG K) 5 UJ 3 0 300- |2 250- 2 o: £ 200- i ««- 5E a. u. 100- 0 Z 50- 0< igoo- / 750- * .* 500- x / 250- " Tllll • "•"• X 1234 1234 QUARTERS QUARTERS •DIFFERENT SCALES • TARGET^ • ACTUALS -bb- ------- MEETING PROGRAM COMMITMENTS 301(h) PERMITS O THE OFFICE OF WATER RECEIVED SEVENTY 301(h) APPLICATIONS PRIOR TO THE ORIGINAL SEPTEMBER 13, 1979 DEADLINE. O BEFORE THE SECOND QUARTER FY 83, HEADQUARTERS ESTABLISHED THE PROGRAM AND ISSUED: - TWENTY-FOUR WAIVER DECISIONS (LARGE, COMPLEX APPLICATIONS). - SIX DRAFT PERMITS. - NO FINAL PERMITS. O THE ORDER OFFERING DELEGATION OF THE 301(h) PROGRAM TO THE REGIONS WAS SIGNED ON DECEMBER 30, 1982. - REGIONS II, IV AND X HAVE RECEIVED DELEGATION. - REGIONS I, III AND IX ARE STILL EVALUATING THEIR CAPABILITY TO IMPLEMENT THE PROGRAM. o IN FY 83, FOR THE TWENTY-FOUR WAIVER DECISIONS AND SIX DRAFT PERMITS ISSUED, THE REGIONS ARE TARGETED TO ISSUE: - NINE DRAFT PERMITS. - ELEVEN FINAL PERMITS. o DURING THE SECOND QUARTER, REGION X ISSUED: - ONE FINAL PERMIT. O ONE HUNDRED AND FORTY-FOUR NEW APPLICATIONS HAVE BEEN RECEIVED IN RESPONSE TO THE NEW DECEMBER 12, 1982 APPLICATION DEADLINE. THE REGIONS MUST PROCESS THOSE APPLICATIONS EVEN THOUGH TARGETS WERE NOT DEVELOPED FOR THEM. o THE FY 83 DRAFT AND FINAL PERMIT TARGETS ARE NOT GOOD INDICATORS OF PROGRAM PROGRESS AND MAY BE TOO HIGH GIVEN CURRENT REGULATORY PROCEDURES. THE REGIONS ARE ACCOMPLISHING MORE THAN THE TARGETS INDICATE. THE OFFICE OF POLICY AND RESOURCE MANAGEMENT IS WORKING WITH THE OFFICE OF WATER TO TRY TO STREAMLINE THE PROCESS AND TO IDENTIFY BETTER INDICATORS OF PROGRAM PROGRESS. -bb- ------- •o 00 > 40-i 30- 20- 10- 301( H ) PERMITS As Of March 31,1983 PERMITS TO BE ISSUED n II III REGIONS BACKLOG REDUCTION 70 60- 50- 40- 30- 20- 10- IX Legend •§ FINAL PERMITS COMPLETED Z2 FINAL PERMITS TAftQETED FOR FT 1M3 O PERMIT •ACKLOO 1234 QUARTERS ACTUAL TARGET -57- ------- ENFORCEMENT GENERAL o THE NATIONAL MUNICIPAL POLICY IS IN DRAFT FORM. THE FINAL HAS BEEN DELAYED TO PROVIDE THE NEW ADMINISTRATOR THE OPPORTUNITY TO REVIEW IT. o THE FINAL NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM (NPDES) REGULATION WILL INCLUDE AND REQUIRE THE USE OF THE NEW NATIONAL DEFINITION OF SIGNIFICANT NON-COMPLIANCE IN REPORTING COMPLIANCE RATES. FINAL PROMULGATION IS EXPECTED IN NOVEMBER, 1984. o MOST REGIONS AND ALL BUT NINE STATES ARE VOLUNTARILY USING THE NEW DEFINITION OF SIGNIFICANT NON-COMPLIANCE IN REPORTING COMPLIANCE RATES. o THE OFFICE OF POLICY AND RESOURCE MANAGEMENT IS WORKING WITH THE OFFICE OF WATER TO CONSIDER THE BEST WAY TO EXPAND COVERAGE OF THE MANAGEMENT ACCOUNTABILITY SYSTEM TO PROVIDE A MORE REPRESENTATIVE PICTURE OF MAJOR SOURCE COMPLIANCE. MUNICIPALS o THERE ARE APPROXIMATELY: - 3,500 MAJOR MUNICIPAL FACILITIES. - 2,400 MAJOR MUNICIPAL FACILITIES ON FINAL EFFLUENT LIMITS. - 800 MAJOR 92-500 MUNICIPAL FACILITIES ON FINAL EFFLUENT LIMITS. o THE SECOND QUARTER COMPLIANCE RATE FOR.MAJOR 92-500 MUNICIPALS ON FINAL EFFLUENT LIMITS WAS 88%. o DURING THE FIRST TWO QUARTERS, EPA MADE 229 COMPLIANCE INSPECTIONS OF MAJOR MUNICIPAL FACILITIES TO CONFIRM COMPLIANCE REPORTING. -50- ------- COMPLIANCE RATES FOR MAJOR 92-500 MUNICIPALS ON FINAL EFFLUENT LIMITS At Of March 31,1983 K>0-i PERCENT OF All MAJOR . MUNICIPALS MEASURED HERE 1234 QUARTERS NUMBER OF MAJOR W-500 MUNICIPALS OH HNALIFFLUIMT LIMITS .* 802 -59- ------- ENFORCEMENT NON-MUNICIPALS o THERE ARE APPROXIMATELY: - 4,000 MAJOR NON-MUNICIPAL FACILITIES. - 3,600 MAJOR NON-MUNICIPAL FACILITIES ON FINAL EFFLUENT LIMITS. O THE SECOND QUARTER COMPLIANCE RATE FOR MAJOR NON-MUNICIPALS ON FINAL EFFLUENT LIMITS WAS 91%. o DURING THE FIRST TWO QUARTERS, EPA MADE 226 COMPLIANCE INSPECTIONS OF MAJOR NON-MUNICIPAL FACILITIES TO CONFIRM COMPLIANCE REPORTING. -6U- ------- K) 100n 75- D 50- 25- COMPUANCE RATES FOR MAJOR NON-MUNICIPALS ON FINAL EFFLUENT UMITS As Of March 31,1983 PERCENT OF Alt MAJOR NON-MUNICIPALS MEASURED HERE 234 QUARTERS NUMBER OF MAJOR NON-MUNICIPALS ON FINAL EFFLUENT LJMITSi 3102 -61- ------- OFFICE OF SOLID WASTE AND EMERGENCY RESPONSE TABLE OF CONTENTS GOAL PAGE DELEGATION TO STATES 64 MEETING PROGRAM COMMITMENTS 68 ENFORCEMENT 74 DEVELOPING CRITICAL REGULATIONS 78 ------- DELEGATION TO STATES RCRA-C PHASE I STATE AUTHORIZATIONS O NEW JERSEY OBTAINED PHASE I AUTHORIZATION DURING SECOND QUARTER, BRINGING THE TOTAL TO 36. IN ADDITION, WEST VIRGINIA AND D.C. ARE NOW IN DRAFT STAGE. FORTY STATES ARE TARGETED FOR PHASE I AUTHORIZATION BY THE END OF FY 83. O FIVE STATES—VIRGIN ISLANDS, MICHIGAN, MINNESOTA, COLORADO, SOUTH DAKOTA—PLAN TO GO DIRECTLY TO FINAL AUTHORIZATION. o WYOMING DOES NOT INTEND TO ADOPT THE RCRA PROGRAM. IN ADDITON, HAWAII MAY NOT SEEK AUTHORIZATION AT ANY LEVEL. O PHASE I IS AUTHORIZED TO STATES THAT HAVE AN ACCEPTABLE FRAMEWORK FOR UNDERTAKING ALL RCRA RESPONSIBILITIES, EXCEPT PERMITTING. -64- ------- 10 DELEGATION STATUS OF RCRA - PHASE I As Of March 31,1983 AUTHORIZED 36 DRAFT STAGE 8 NONE 9 TOTAL 53 "TARGETED FOR AUTHORIZATION IN FY 1983 •TARGETED FOR DRAFT STAGE IN FY 1983 Legend a NONE G9 DRAFT STAGE •I AUTHORIZED III IV V VI VII REGIONS VIII IX -6b- ------- DELEGATION TO STATES KCRA-C PHASE II STATE AUTHORIZATIONS O THREE STATES—NEW HAMPSHIRE, KENTUCKY AND CALIFORNIA—OBTAINED PHASE II AUTHORIZATION DURING SECOND QUARTER. THIS BRINGS THE TOTAL TO 10. TWENTY-THREE STATES ARE TARGETED FOR PHASE II AUTHORIZATION BY THE END OF FY 83. O FOURTEEN STATES—PUERTO RICO, VIRGIN ISLANDS, DELAWARE, ILLINOIS, INDIANA, MICHIGAN, MINNESOTA, OHIO, WISCONSIN, IOWA, KANSAS, COLORADO, MONTANA AND SOUTH DAKOTA—PLAN TO GO DIRECTLY TO FINAL AUTHORIZATION. O PRELIMINARY ESTIMATES ARE THAT FINAL AUTHORIZATIONS WILL BE OBTAINED BY: - 9 STATES IN FY 84. - 36 STATES IN FY 85. O PHASE II IS AUTHORIZED TO STATES THAT HAVE AN ACCEPTABLE PROGRAM FOR PERMITTING HAZARDOUS WASTE MANAGEMENT FACILITIES. -bfc>- ------- DELEGATION STATUS OF RCRA - PHASE II As Of March 31,1983 K) 00 III IV V VI REGIONS VII VIII IX AUTHORIZED 10 DRAFT STAGE 19 NONE 24 TOTAL 53 •* TARGETED FOR AUTHORIZATION IN FY 1985 TARGETED FOR DRAFT STAGE IN FY 1983 Legend a NONE E3 DRAFT STAGE •I AUTHORIZED ------- MEETING PROGRAM COMMITMENTS o THE AUTOMATED RCRA PERMITTING DATA PRESENTED TO THE ADMINISTRATOR - IN THE FIRST QUARTER ACCOUNTABILITY REPORT WAS INACCURATE. PERMIT DATA IS NOW BEING COLLECTED MANUALLY UNTIL THE HAZARDOUS WASTE DATA MANAGEMENT SYSTEM IS PROPERLY ADJUSTED. THE REVISED PERMIT NUMBERS ARE PRESENTED BELOW. O A TOTAL OF 10 RCRA PERMITS HAVE BEEN ISSUED NATIONALLY: - 2 IN REGION III. - 3 IN REGION IV. - 1 IN REGION VI. - 1 IN REGION VII. - 1 IN REGION VIII. - 2 IN REGION IX. O EXISTING FACILITIES (ACTIVITY SINCE INCEPTION OF PROGRAM IN FY 82): - 678 OUT OF 698 STORAGE AND TREATMENT PERMITS HAVE BEEN CALLED IN. EPA AND THE STATES ARE IN THE PROCESS OF REVIEWING 470 APPLICATIONS. TWO PERMITS HAVE BEEN ISSUED (CALIFORNIA). -68- ------- MEETING PROGRAM COMMITMENTS (CONTINUED) 100 OUT OF 179 INCINERATOR PERMITS HAVE BEEN CALLED IN. EPA AND THE STATES ARE IN THE PROCESS OF REVIEWING 35 APPLICATIONS. 160 OUT OF 231 LAND DISPOSAL PERMITS HAVE BEEN CALLED IN. EPA IS IN THE PROCESS OF REVIEWING 13 APPLICATIONS. (NOTE; EPA STARTED CALLING IN APPLICATIONS ONLY AFTER THE LAND DISPOSAL REGULATIONS BECAME EFFECTIVE ON JANUARY 26, 1983.) o VOLUNTARY SUBMITTALS* (ACTIVITY SINCE INCEPTION OF PROGRAM IN FY 82) - 78 STORAGE AND TREATMENT APPLICATIONS HAVE BEEN RECEIVED AND 8 PERMITS HAVE BEEN ISSUED. PROCESSING TIME AVERAGED 292 DAYS. 12 INCINERATOR APPLICATIONS HAVE BEEN RECEIVED AND 1 PERMIT HAS BEEN ISSUED. PROCESSING TIME AVERAGED 360 DAYS. - 13 LAND DISPOSAL APPLICATIONS HAVE BEEN RECEIVED AND 1 PERMIT HAS BEEN ISSUED. * INCLUDES NEW FACILITIES AND EXPANSIONS. -69- ------- MEETING PROGRAM COMMITMENTS SUPERFUND REMEDIAL ACTIVITIES O DURING THE SECOND QUARTER, $13.1 MILLION WAS OBLIGATED FOR REMEDIAL ACTIVITIES, INCLUDING GENERIC FUNCTIONS SUCH AS CONTRACTS, CORPS OF ENGINEERS AGREEMENT AND TRAINING. THIS BRINGS THE CUMULATIVE AMOUNT OF FY 83 REMEDIAL FUNDS OBLIGATED TO $18.3 MILLION. - OF THE $13.1 MILLION, $5.4 MILLION WAS OBLIGATED FOR: — REMEDIAL INVESTIGATIONS/FEASIBILITY STUDIES (RI/FS) AT 10 NEW SITES, BRINGING THE FY 83 TOTAL TO 14 SITES. THE SECOND QUARTER TARGET CALLED FOR RI/FS AT 20 SITES. — ENGINEERING DESIGNS AT 2 NEW SITES, BRINGING THE FY 83 TOTAL TO 3 SITES. THE SECOND QUARTER TARGET CALLED FOR ENGINEERING DESIGNS AT 5 SITES. IN ADDITION, $3.1 MILLION WAS OBLIGATED FOR 3 INITIAL REMEDIAL MEASURES O NO FUNDS WERE OBLIGATED FOR REMEDIAL IMPLEMENTATION DURING THE SECOND QUARTER. FUNDS FOR TWO ADDITIONAL IMPLEMENTATION PROJECTS HAD BEEN PROJECTED FOR OBLIGATION. O REMEDIAL WORK WAS UNDERWAY AT 71 SITES AT THE END OF THE SECOND QUARTER. O THREE COOPERATIVE AGREEMENTS WERE AWARDED DURING THIS QUARTER, BRINGING THE FY 83 TOTAL TO 8. IN ADDITION, 4 COOPERATIVE AGREEMENTS WERE AMENDED. THE 8 COOPERATIVE AGREEMENTS AND 4 AMENDMENTS GIVE THE STATES THE PROJECT LEAD FOR 42.1% OF THE SUPERFUND REMEDIAL DOLLARS OBLIGATED TO DATE IN FY 83 O THE FY 83 REMEDIAL OBLIGATION TARGET HAS BEEN REDUCED FROM $110 MILLION TO $72 MILLION DUE TO REPROGRAMMING OF FUNDS—$33 MILLION TO FEMA FOR TIMES BEACH AND $5 MILLION TO THE INTERAGENCY AGREEMENT ACCOUNT. -70- ------- FY 83 SUPERFUND SITE REMEDIAL ACTIVITIES INITIATED As Of March 31.1983 Remedial Investigations/ Feasibility Studies Engineering Designs 40 -i > Tn_J ui 30- Remedial Actions 01234 0 QUARTERS 1234 QUARTERS 01234 QUARTERS K) ? UJ (/} O A ACTUAL SITES - FUNDS OBL. •• DIFFERENT SCALE ------- MEETING PROGRAM COMMITMENTS SUPERFUND REMOVAL ACTIVITIES o $2.5 MILLION WAS OBLIGATED FOR REMOVAL ACTIVITES DURING SECOND QUARTER, BRINGING THE FY 83 TOTAL TO $3.6 MILLION. O TWO PLANNED REMOVAL ACTIVITIES WERE INITIATED AND THREE WERE COMPLETED THIS QUARTER, BRINGING THE FY 83 TOTALS TO 3 INITIATED AND 5 COMPLETED. O EIGHTEEN IMMEDIATE REMOVAL ACTIONS WERE INITIATED THIS QUARTER AND 16 ACTIONS WERE COMPLETED, BRINGING THE FY 83 TOTALS TO 28 INITIATED AND 34 COMPLETED. o EPA ALSO UNDERTOOK 157 OTHER ON-SCENE RESPONSE ACTIVITIES. -72- ------- 00 > 2 o SUPERFUND REMOVAL ACTIVITIES FOR FY 83 As Of March 31,1983 INITIATED COMPLETED 75- 50- ce LU m 2 23- 0, 75- 50- ^^ ..-• ,.« 9^ ^ f • n. w T 1 | | O1 1234 .„•• j,** * « * * ^^*^ 1234 QUARTER QUARTER • IMMEDIATE REMOVAL •ti*iiiltttiitiiiiii*t*t*i*t*i • PLANNED REMOVAL -73- ------- ENFORCEMENT SUPERFUND ENFORCEMENT ACTIVITY^ O DURING SECOND QUARTER, 4b2 NOTICE LETTERS WERE ISSUED FOR 7 SITES, BRINGING THE FY 83 TOTAL TO 768 NOTICE LETTERS FOR 31 SITES. O NEGOTIATIONS ARE UNDERWAY WITH RESPONSIBLE PARTIES AT 82 SITES. AT 21 OF THOSE SITES, NEGOTIATIONS HAVE BEEN SUSPENDED WHILE MORE INFORMATION IS GATHERED. O ONE ADMINISTRATIVE ORDER ON CONSENT WAS ISSUED DURING SECOND QUARTER, BRINGING THE FY 83 TOTAL TO 114. OF THE ADMINISTRATIVE ORDERS ISSUED TO DATE, 112 WERE ISSUED ON CONSENT TO RESPONSIBLE PARTIES AT THE CHEM-DYNE, OHIO SITE. O EPA OBTAINED PRIVATE PARTY CLEANUPS WORTH $26.4 MILLION AT THREE SITES. THIS BRINGS THE FY 83 TOTAL TO CLEANUPS WORTH $62 MILLION AT SIX SITES. O EPA NEGOTIATED TWO COST RECOVERY"ACTIONS WORTH APPROXIMATELY $300,000, THIS BRINGS THE FY 83 COST RECOVERY TOTAL TO $14.3 MILLION AT THREE SITES. -74- ------- SUPERFUND ENFORCEMENT ACTIVITY FOR FY 83 As Of March 31, 1983 160-. 120- OC ui CO 80- 40- > 31 82 114 V////7/* »»,»,i «?tO' O ------- ENFORCEMENT RCRA ENFORCEMENT ACTIVITY o ACTUAL INSPECTIONS ARE LAGGING BEHIND PROJECTIONS FOR SECOND QUARTER BY APPROXIMATELY 660. DUE TO WEATHER PROBLEMS, FEWER INSPECTIONS ARE GENERALLY CONDUCTED DURING THE FIRST TWO QUARTERS. THE MAJORITY OF INSPECTIONS SHOULD BE CONDUCTED DURING THE THIRD AND FOURTH QUARTERS. O ONE HUNDRED AND EIGHTEEN HANDLERS WERE FOUND TO HAVE CLASS I VIOLATIONS DURING THE SECOND QUARTER. OVER HALF OF THE VIOLATORS WERE DETECTED IN REGION V. O THE REGIONS ISSUED COMPLIANCE ORDERS TO 42 HANDLERS WITH CLASS I VIOLATIONS. REGIONS II AND VII LED WITH 11 AND 9 RESPECTIVELY. O THIRTY-TWO HANDLERS WITH CLASS I VIOLATIONS WERE RETURNED TO COMPLIANCE THROUGH FINAL ORDERS. REGIONS II AND VI LED WITH 11 AND 8 RESPECTIVELY. O PRELIMINARY FIRST QUARTER DATA HAS BEEN RECEIVED FROM MOST STATES ON THEIR ACTIVITIES. IT INDICATES THAT: - 3394 INSPECTIONS WERE CONDUCTED. - 1108 HANDLERS WERE DETECTED WITH RCRA VIOLATIONS. 136 FORMAL ADMINISTRATIVE ORDERS REQUIRING COMPLIANCE WERE ISSUED. -76- ------- M C o 4000-1 3000- Q. W c o d z • o 2000 1000- RCRA ENFORCEMENT ACTIVITY FOR FY 1983 As Of March 31,1983 INSPECTIONS 150 n ACTUAL TARGET CLASS I VIOLATORS COMPLIANCE ORDERS ISSUED CLASS I lOO-i en X 50- K> 00 UJ LQ- Quarttrs RETURNED TO COMPLIANCE CLASSI 100-i W J> •o c 50- Quarters -77- ------- DEVELOPING CRITICAL REGULATIONS O AS A RESULT OF RESOURCE CUTBACKS FOR RCRA, OSWER HAS REVISED ITS PROGRAM PRIORITIES, INCLUDING A CHANGE IN THE ECONOMIC PORTION OF THE REGULATORY IMPACT ANALYSIS (RIA) SCHEDULE. THE REVISED REGULATORY SCHEDULE FOCUSES ON ENVIRONMENTAL PROTECTION AND IS AS FOLLOWS: INCINERATORS 4TH QUARTER, FY 83 (POSTPONED 2 QUARTERS) AMENDMENTS TO STORAGE 2ND QUARTER, FY 84 (POSTPONED 3 QUARTERS) UNDERGROUND TANKS 2ND QUARTER, FY 84 (NEW ADDITION) LOCATION 4TH QUARTER, FY 83 (POSTPONED 1 QUARTER) LAND DISPOSAL LINER STANDARDS 4TH QUARTER, FY 83 (ADVANCED 1 QUARTER) FINANCIAL REQUIREMENTS 1ST QUARTER, FY 84 (UNCHANGED) -78- ------- OFFICE OF ADMINISTRATION -79- ------- OFFICE OF ADMINISTRATION MEETING PROGRAM COMMITMENTS ITEM STATUS ELECTRONIC MAIL SYSTEM IMPLEMENTATION ON SCHEDULE. REVIEW OF EPA PROCUREMENT PROCEDURES REVIEW: - EVALUATION AND SOURCE SELECTION. - NEGOTIATION, REVIEW AND AWARD. REPORTS WITH RECOMMENDATIONS FOR IMPROVEMENT WERE SUBMITTED TO AA ON SCHEDULE. SUPERFUND COST RECOVERY TRACKING REPORT PROCEDURES DEVELOPED AND REPORT SUBMITTED TO ADMINISTRATOR ON SCHEDULE. PLAN AND SCHEDULE FOR REVIEW AND REVISION OF EPA'S FINANCIAL MANAGEMENT POLICIES AND PROCEDURES PROJECT IS ON SCHEDULE, PERFORMANCE STANDARDS REVIEW COMPLETED ON SCHEDULE. -8U- ------- OFFICE UF ADMINISTRATION MEETING PROGRAM COMMITMENTS (cont'd) ITEM STATUS REVISIONS OF GRANT REGULATIONS PUBLICATION OF FINAL RULE DELAYED TWO MONTHS DUE TO VOLUME OF PUBLIC COMMENTS. INTERGOVERNMENTAL REVIEW OF FEDERAL PROGRAMS (40 CFR, PART 29) GENERAL REGULATIONS FOR ASSISTANCE PROGRAMS (40 CFR, PART 30) OA WAS MEETING REVISED SCHEDULE, BUT FINAL RULE NOW DELAYED ONE MONTH DUE TO OGC'S QUESTION OVER CHANGES IN APPEALS PROCESS. -81- ------- DELINQUENT ACCOUNTS RECEIVABLE O REVISED PROCEDURES FOR TIMELY FOLLOW-UP OF DELINQUENT ACCOUNTS WERE DEVELOPED ON SCHEDULE; HOWEVER, OA IS UNLIKELY TO MEET ITS END OF YEAR TARGET FOR REDUCING ACCOUNTS RECEIVABLE DUE OVER 90 DAYS BY 15%. O THE LARGE INCREASE IN DOLLARS PRIMARILY REFLECTS THE SIGNIFICANT INCREASE IN GRANT REFUNDS THAT ARE UNDER APPEAL. O OA HAS MADE PROGRESS IN REDUCING THE TOTAL NUMBER OF DELINQUENT ACCOUNTS, AND THIS WILL CONTINUE AS THEY WRITE OFF THOSE CASES AMOUNTING TO LESS THAN $600. -82- ------- REDUCTION OF DELINQUENT ACCOUNTS RECEIVABLE ( OVER 90 DAYS ) As Of March 31,1983 DOLLAR AMOUNT NUMBER OF ACCOUNTS K) 00 § 12 3 QUARTER ACTUAL • TOTAL CRANTJIEFUNDS^UNDER jkPPEAL 800 600 400- 200- 1 2 3 QUARTER TARGET ) TOTAL »i*»i•ni»»• i ------- OFFICE OF POLICY AND RESOURCE MANAGEMENT -85- ------- OFFICE OF POLICY AND RESOURCE MANAGEMENT MEETING PROGRAM COMMITMENTS ITEM STATUS RED BORDER REVIEW TARGETS MET TWO WEEK DEADLINES FOR REVIEW IN ONLY 14% OF CASES. OPRM ATTRIBUTES MUCH OF THIS DELAY TO TOP-LEVEL MANAGEMENT CHANGES. SUBMISSION OF FY 84 BUDGET TO CONGRESS DELIVERED ON SCHEDULE. ADMINISTRATOR'S GUIDANCE FOR OPERATING YEAR FY 1984 AND BUDGET YEAR FY 1985 ISSUED ON SCHEDULE. CURRENT YEAR BUDGET ALLOWANCES ISSUED ON SCHEDULE. SCHEDULE FOR ENVIRONMENTAL RESULTS INITIATIVES SUBMITTED ON SCHEDULE. FINAL REPORT TO OMB ON EVALUATION OF DISCHARGE MONITORING REPORT DELAYED TWO MONTHS. -B6- ------- OFFICE; OF POLICY AND RESOURCE MANAGEMENT MEETING PROGRAM COMMITMENTS ITEM STATUS tINAL REPORTS TO OMB ON NATIONAL EMISSIONS DATA SYSTEMS DELAYED THREE MONTHS. FINAL AGENCY POLICY STATEMENT ON AIR EMISSIONS TRADING DELAYED THREE MONTHS DUE TO QUESTIONS CONCERNING AIR SANCTION POLICY. REVISED PLAN FOR TRIENNIAL REVIEW OF INFORMATION COLLECTED BY THE AGENCY COMPLETED TWO MONTHS BEHIND SCHEDULE, DETAILED PROJECT WORK PLANS NOT COMPLETED. GUIDANCE FOR FY 84 INFORMATION COLLECTION BUDGET. DELAYED ONE MONTH PENDING NECESSARY OMB GUIDANCE. REPORT TO CONGRESS ON THE COST OF CLEAN AIR AND CLEAN WATER FOR 1979. DELAYED SIX MONTHS. -87- ------- OFFICE OF RESEARCH AND DEVELOPMENT -89- ------- OFFICE OF RESEARCH AND DEVELOPMENT MEETING PROGRAM COMMITMENTS CLIENT ITEM STATUS ALL PROGRAMS FIVE YEAR RESEARCH STRATEGIES DRAFTS PROVIDED TO AAS FOR REGULATORY PROGRAMS ON SCHEDULE. OANR INVENTORY OF FEDERAL RESEARCH COMPLETED ON SCHEDULE. ON ACID DEPOSITION OSWER USER'S GUIDE FOR ASSESSING HAZARDOUS WASTE TREATMENT AND INCINERATION FACILITIES PUBLISHED ON SCHEDULE. OSWER INTERIM TECHNICAL GUIDELINES FOR MONITORING VADOSE ZONE ISSUED ON SCHEDULE. OPTS REPORT ON ORD MONITORING IN SUPPORT OF DALLAS LEAD STUDY ISSUED AHEAD OF SCHEDULE, OPTS FINAL PROJECT REPORT ON TEST OF EXAMS IN IOWA RESERVOIRS ISSUED ON SCHEDULE, OANR REPORT ON CHEMICAL REACTIVITY OF PERCHLOROETHYLENE TO PRODUCE OZONE ISSUED ON SCHEDULE, ------- OFFICE UK RESEARCH AND DEVELOPMENT MEETING PROGRAM COMMITMENTS (CONTINUED) CLIENT ITEM STATUS ALL PROGRAMS FINAL TECHNICAL GUIDELINES FOR DATA UUALITY ASSURANCE DRAFT GUIDELINES HAVE BEEN ISSUED; FINAL ACTION BEHIND SCHEDULE. ALL PROGRAMS MANAGEMENT PLAN FOR IMPLEMENTING AGENCY-WIDE O.A PROGRAM DRAFT PLAN NOW AVAILABLE; FINAL ACTION BEHIND SCHEDULE. ALL PROGRAMS REVIEW OF EXPLORATORY RESEARCH CENTERS • DRAFT REPORT SUBMITTED AFTER MINOR DELAY. OANR CRITICAL ASSESSMENT DOCUMENT ON ACID DEPOSITION TWO MONTHS DELAY DUE TO LATE RECEIPT OF MATERIAL FROM OUTSIDE CONTRIBUTORS. REVISED PUBLICATION DATE JULY 31. OANR DRAFT OZONE CRITERIA DOCUMENT FIVE MONTHS BEHIND SCHEDULE DUE TO POOR CONTRACTOR PERFORMANCE; REVISED DATE AUGUST 31. OANR DRAFT LEAD AIR UUALITY CRITERIA DOCUMENT TWO MONTHS BEHIND SCHEDULE. DUE TO SCIENTIFIC CONTROVERSY, ------- OFFICE OF LEGAL AND ENFORCEMENT COUNSEL TABLE OF CONTENTS GOAL PAGE ENFORCEMENT 94 -93- ------- ENFORCEMENT PROCESSING OF LITIGATION ACTIONS o THERE WERE 37 NEW CIVIL ACTIONS REFERRED TO EPA HEADQUARTERS DURING THE SECOND QUARTER. O TWENTY-TWO CIVIL ACTIONS WERE REFERRED TO DEPARTMENT OF JUSTICE DURING THE SECOND QUARTER. THE TOTAL NUMBER OF CIVIL REFERRALS TO DOJ THUS FAR DURING FY 83 IS 72. O TEN CIVIL ACTIONS WERE RETURNED TO THE REGIONS BY HEADQUARTERS FOR FURTHER DEVELOPMENT DURING THE SECOND QUARTER. o DURING THE SECOND QUARTER, THREE NEW CRIMINAL ACTIONS WERE REFERRED TO EPA HEADQUARTERS, SIX CRIMINAL ACTIONS WERE REFERRED TO DOJ, AND TWO CASES WERE DECLINED BY DOJ. AT THE END OF THE SECOND QUARTER, THERE WERE NO CRIMINAL ACTIONS PENDING AT EPA HEADQUARTERS. THE TOTAL NUMBER OF CRIMINAL REFERRALS TO DOJ THUS FAR DURING FY 83 IS 9 . ------- 60-i 50- LITIGATION ACTIONS PROCESSED BY HQ From December 31,1982 To March 31,1983 Legend CD CRIMINAL ACTIONS CIVIL ACTIONS GO > i O d) 40- 30- 20- 10- o UJ ------- ENFORCEMENT STATUS OF CIVIL REFERRALS o THE AVERAGE PROCESSING TIME BY EPA HEADQUARTERS FOR CIVIL ACTIONS REFERRED TO DEPARTMENT OF JUSTICE REMAINED AT 64 DAYS DURING THIS QUARTER, AGAIN EXCEEDING OLEC'S TARGET OF 90 DAYS. O A TOTAL OF 316 CIVIL ACTIONS WERE PENDING AT THE END OF THE SECOND QUARTER. OF THE CIVIL ACTIONS PENDING, 51% HAVE BEEN FILED IN DISTRICT COURTS, 35% HAVE BEEN REFERRED TO DOJ/U.S. ATTORNEYS, AND 14% ARE PENDING REVIEW AT EPA HEADQUARTERS. O SEVENTY-TWO CIVIL ACTIONS HAVE BEEN RESOLVED DURING FY 83: 34 ACTIONS WERE SETTLED. 5 ACTIONS WERE DISMISSED BY COURTS. 6 ACTIONS WERE WITHDRAWN BY REGONS. 27 ACTIONS WERE DECLINED BY EPA HEADQUARTERS, OR DOJ/U.S. ATTY. -96- ------- ao UJ V) 2 O CIVIL ENFORCEMENT CASES Pending As Of March 31, 1983 EPA-HQ No. Pending: 44 Average Time Pending: 64 days Depf of Justice / US Attv 70-i 35- 70 -, 35- A W HW T/F Courts A W HW T/F flo. Pending: 109 Mo. Pending: 163 _U"7_ ------- ENFORCEMENT OLEC POLICY AND GUIDANCE ACTIVITIES ITEM ENFORCEMENT CONSENT DECREE TRACKING ENFORCEMENT INDICATORS CIVIL PENALTY/SETTLEMENT POLICY SETTLEMENT PROCEDURES MODEL CONSENT DECREE TERMS COORDINATING FEDERAL AND STATE ENFORCEMENT INSPECTIONS BY CONTRACTORS ENFORCEMENT/COMPLIANCE GUIDANCE MANUALS (INCLUDING COMPENDIUM OF OPERABLE POLICIES) - AIR - WATER - CEKCLA - PESTICIDES - TOXICS - RCRA STATUS DRAFT COMPLETED ON SCHEDULE. OFF SCHEDULE 4 MONTHS, DRAFT NOW EXPECTED 5/83. DRAFT COMPLETED ON SCHEDULE, FINAL BY 5/83. DRAFT COMPLETED ON SCHEDULE, DOJ COMMENTS ARE PENDING. DRAFT COMPLETED ON SCHEDULE, FINAL BY 5/83. DRAFT COMPLETED ON SCHEDULE, REDRAFT BY 5/83. COMPLETED ON SCHEDULE. ON SCHEDULE ON SCHEDULE ON SCHEDULE ON SCHEDULE ON SCHEDULE ON SCHEDULE ------- |