100R83106 -v» c\ c CJ CO U.S. Environmental Protection Agency Administrator's Management Accountability System Third Quarter FY 1983 Report Office of Management Systems and Evaluation June 30,1083 ------- TABLE OF CONTENTS OFFICE PAGE OFFICE OF AIR, NOISE AND RADIATION 1 OFFICE OF PESTICIDES AND TOXIC SUBSTANCES 19 OFFICE OF WATER 43 OFFICE OF SOLID WASTE AND EMERGENCY RESPONSE 67 OFFICE OF ADMINISTRATION 83 OFFICE OF POLICY AND RESOURCE MANAGEMENT 89 OFFICE OF RESEARCH AND DEVELOPMENT 93 OFFICE OF ENFORCEMENT COUNSEL 97 OFFICE OF FEDERAL ACTIVITIES 103 ------- OFFICE OF AIR, NOISE AND RADIATION TABLE OF CONTENTS GOAL PAGE DEVELOPING AND REVIEWING CRITICAL REGULATIONS MEETING PROGRAM COMMITMENTS 6 ENFORCEMENT 10 DELEGATION TO STATES 12 1 ------- DEVELOPING AND REVIEWING CRITICAL REGULATIONS REDUCING THE BACKLOG OF NEW SOURCE PERFORMANCE STANDARDS (NSPS) o ALTHOUGH ADDITIONAL STEPS WERE TAKEN DURING THE QUARTER TO IMPROVE ADHERENCE TO NSPS DEVELOPMENT SCHEDULES BY RAISING THEIR VISIBILITY WITHIN THE AGENCY, NONE OF THE PROJECTED PROPOSALS OR PROMULGATIONS WERE ACHIEVED. O THE MAJORITY OF THE LATE NSPS ARE BEING HELD AT OMB, SOME AS LONG AS SIX MONTHS BEYOND THE RELEASE DATE. o THREE NSPS ARE AWAITING SIGNATURE BY THE ADMINISTRATOR. o TWO PRIORITY CATEGORY NSPS PROPOSALS DUE IN THE FOURTH QUARTER ARE CURRENTLY ON SCHEDULE. -2- ------- DEVELOPING AND REVIEWING CRITICAL REGULATIONS OANR SCHEDULE FOR NSPS PRIORITY CATEGORIES1 STANDARD SOCMI FUGITIVE LEAKS SIC ENGINES BEVERAGE CANS BULK GAS TERMINALS TAPES AND LABELS SOCMI AIR OXIDATION ONSHORE GAS PROD. (2) NONMETALLIC MINERALS SOCMI DISTILLATION PROPOSAL F.R. DATE 1/81 7/79 11/80 12/80 12/80 5/83 5/83 4/83 5/83 PROMULGATION F.R. DATE 5/83 5/83 5/83 4/83 4/83 7/84 7/84 6/84 7/84 STATUS* OFF SCHEDULE 3 MONTHS; HELD BY OMB. OFF SCHEDULE 7 MONTHS; HELD BY OMB. OFF SCHEDULE 6 MONTHS; HELD BY OMB. OFF SCHEDULE; HELD IN AX 3 MONTHS. OFF SCHEDULE 1 MONTH; HELD BY OMB. OFF SCHEDULE 1 MONTH; HELD BY OMB. OFF SCHEDULE 3 MONTHS; IN RED BORDER REVIEW. OFF SCHEDULE 1 MONTH; IN AX. OFF SCHEDULE 3 MONTHS; OVERDUE IN RED BORDER. *BASED ON UNOFFICIAL INTERIM MILESTONES. iONLY STANDARDS WITH THIRD QUARTER PROPOSAL OR PROMULGATION MILESTONES ARE DISPLAYED. ------- 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 MONOXIDE1 PARTICULATE MATTER2 NITROGEN DIOXIDE2 SULFUR DIOXIDE2 9/83 9/83 3/84 4/83 8/84 8/84 2/85 OFF SCHEDULE 7 MONTHS; CASAC MTG. DUE 9/83 OFF SCHEDULE 3 MONTHS; NEEDS ADM GUIDANCE OFF SCHEDULE 1 MONTH; OMB REVIEW DUE 8/83 OFF SCHEDULE 2 MONTHS; CASAC CLOSURE DUE 7/83 NATIONAL EMISSION STANDARDS FOR HAZARDOUS AIR POLLUTANTS COKE OVEN2 (BENZENE) ASBESTOS REVISION BENZENE2 (FOUR CATEGORIES) ARSENIC 7/83 5/83 7/83 7/83 OFF SCHEDULE 3 MONTHS; OANR PREP RB PKG . OFF SCHEDULE 2 MONTHS; F.R. 7/13/83 OFF SCHEDULE 3 MONTHS; OANR PREP RB PKG. ON SCHEDULE; F.R. 7/13/83 *BASED ON INTERIM MILESTONES SCHEDULE HAS NOT BEEN PROVIDED. 2REVISED SCHEDULES. ------- 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 SITES2 3/83 12/82 4/83 11/82 9/83 12/83 9/83 COMPLETED ON SCHEDULE; PUBLIC COMMENT EXTENDED ON SCHEDULE; FINAL DUE TO AA 9/83 ON SCHEDULE; F.R. 4/26/83 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 OFF SCHEDULE 1 MONTH; MAY BYPASS SC COMPLETE; ADM SIGNED 7/11/83 ON SCHEDULE; SENT TO WG 6/30/83 COMPLETED *BASED ON INTERIM MILESTONES 2REVISED SCHEDULE. ------- MEETING PROGRAM COMMITMENTS SPECIAL ACTION SIPS PROGRESS ON 1982 OZONE/CO SIPs O OF 31 PLANS SUBMITTED, 21 ARE PROJECTED TO BE APPROVED AND 10 WILL BE DISAPPROVED. O SIX OF THE PROJECTED APPROVED PLANS WILL NOT BE APPROVED FOR I/M UNTIL THE PROGRAMS ACTUALLY BEGIN OPERATION. o ALL APPROVED ACTIONS ARE EXPECTED TO BE SUBMITTED TO HEADQUARTERS BY THE END OF THE FOURTH QUARTER. o ALL DISAPPROVED ACTIONS ARE DELAYED PENDING FINAL ACTION ON THE SANCTIONS POLICY: - BY THE END OF AUGUST, SANCTIONS POLICY WILL BE PUBLISHED IN FEDERAL REGISTER. - BY END OF SEPTEMBER, DETAILED GUIDANCE DOCUMENT TO ASSIST STATES TO CORRECT DEFICIENT PLANS WILL BE AVAILABLE. o FIRST SANCTIONS PROPOSED WILL BE FOR FAILURE TO IMPLEMENT I/M. -fi- ------- MEETING PROGRAM COMMITMENTS SPECIAL ACTION SIPS PROGRESS ON LEAD SIPs o THE NRDC SETTLEMENT AGREEMENT WAS SENT TO THE ADMINISTRATOR FOR SIGNATURE IN EARLY JULY. o A WORKSHOP WAS HELD FOR REGIONAL OFFICES ON HOW TO IMPLEMENT THE SCHEDULE IN THE AGREEMENT. THE KEY DATES IN THE SCHEDULE FOR STATES WITH LEAD PROBLEMS ARE: - AUGUST 1, 1983: STATES SUBMIT SIPs TO EPA. - JANUARY 3, 1984: EPA PROPOSES APPROVAL OR DISAPPROVAL. - AUGUST 1, 1984: EPA GIVES FINAL APPROVAL OR DISAPPROVAL. o THE SCHEDULE FOR STATES WITHOUT LEAD PROBLEMS IS SIMILAR BUT DELAYED BY SIX MONTHS. o THE AGREEMENT REQUIRES THAT EPA MUST PROMULGATE FEDERAL LEAD PLANS IF STATES DO NOT SUBMIT SIPS IN TIME FOR EPA TO PROPOSE APPROVAL OR IF EPA DISAPPROVES A STATE LEAD PLAN. ------- MEETING PROGRAM COMMITMENTS PERCENT OF SIP REVISIONS PROCESSED ON TIME O A GROWING NUMBER OF SIP ACTIONS ARE EXCEEDING BOTH THE REGIONS AND HEADQUARTERS PROCESSING TARGETS: - IN THE REGIONS, 28 OF 320 PENDING ACTIONS EXCEED THE FIVE MONTH TARGET. - AT HEADQUARTERS, 26 OF 107 ACTIVE SIP'S EXCEED THE TWO MONTH TARGET. o ALTHOUGH THE NUMBER OF SIP ACTIONS IN PROCESS CONTINUES TO GROW, RESOURCES DEVOTED TO THE TASK HAVE REMAINED FIXED. O UNRESOLVED MAJOR POLICY ISSUES AT HEADQUARTERS, INCLUDING THE SANCTIONS POLICY, CONTINUE TO CAUSE DELAYS OF MANY PENDING SIP ACTIONS, O FOR THE 26 SIP ACTIONS BACKLOGGED AT HEADQUARTERS, THE FOLLOWING OFFICES ARE RESPONSIBLE JOINTLY OR INDIVIDUALLY FOR THE INDICATED NUMBER OF PENDING ACTIONS: - ADMINISTRATOR 2 - AA FOR OANR 7 - OAQPS 7 (3 ARE JOINT) - OGC 12 (3 ARE JOINT) - OSR 3 (3 ARE JOINT) ------- PERCENT OF SIP REVISIONS PROCESSED ON TIME As Of June 30, 1983 100 -iO UJ o CL TARGET #SIPs IN PROCESS: 315 H) Ul V) 2 O QUARTERS 354 427 Legend NATIONAL LATE 13.0% IZ2 HEADQUARTERS ( TARGET - 2 MOS. ) I REGIONS ( TARGET - 5 MOS. ) ------- AIR ENFORCEMENT o THE OVERALL COMPLIANCE RATE FOR MAJOR SOURCES IS 95%. DURING THE THIRD QUARTER 143 NEW SOURCES WERE FOUND IN VIOLATION AND 179 SOURCES ACHIEVED FINAL EMISSION LIMITATIONS OR WERE PLACED ON ACCEPTABLE COMPLIANCE SCHEDULES. o THE NUMBER OF SIGNIFICANT VIOLATORS IS CONTINUING TO INCREASE; - SIGNIFICANT VIOLATORS INCREASED FROM 328 AT THE BEGINNING OF THE THIRD QUARTER TO 365 AT THE END OF THE QUARTER. - 82 NEW SIGNIFICANT VIOLATORS WERE IDENTIFIED. - 4j> SIGNIFICANT VIOLATORS WERE RETURNED TO COMPLIANCE OR PLACED ON ACCEPTABLE COMPLIANCE SCHEDULES. o RATES FOR STATE COMPLIANCE INSPECTIONS IMPROVED SUBSTANTIALLY THIS QUARTER: - 75% OF Al SOURCES DUE INSPECTION HAVE BEEN INSPECTED. - 78% OF A2 SOURCES DUE INSPECTION HAVE BEEN INSPECTED. o CLOSER ATTENTION IS NEEDED FOR STATES IN REGIONS I, II, V, VII AND X WITH SIGNIFICANTLY LOW INSPECTION RATES. -in- ------- PROGRESS IN RETURNING AIR VIOLATORS TO COMPLIANCE As Of June 30, 1983 SIGNIFICANT VIOLATORS OUT OF COMPLIANCE LONGER THAN 2 QUARTERS 100- 75- LU O 50- 25- 1234 QUARTER MAJOR SOURCE COMPLIANCE RATE COMPLIANCE 95.0X 5.0X INSPECTION RATE: 76X OF SOURCES DUE INSPECTION § PENDING ACTION: 303 328 365 ------- DELEGATION TO STATES NEW SOURCE PERFORMANCE STANDARDS o THE OVERALL DELEGATION OF NSPS DECLINED SLIGHTLY THIS QUARTER TO 89%, DUE TO THE ADDITION OF FOUR NEW NSPS TO THE LIST OF APPLICABLE STANDARDS. O MOST REGIONAL COMMITMENTS WERE MET DURING THE THIRD QUARTER: - REGION III DELEGATED THE FOUR NEW NSPS TO PHILADELPHIA THIS QUARTER, AHEAD OF THEIR PROJECTED SCHEDULE. - THE EIGHT NSPS SCHEDULED BY REGION II FOR DELEGATION TO PUERTO RICO ARE INCOMPLETE AWAITING FINAL FEDERAL REGISTER NOTICE. - REGION VII DELEGATED ONE NEW NSPS. TO IOWA, BUT FAILED TO DELEGATE NSPS TO NEBRASKA, IOWA AND MISSOURI AS PLANNED. DELEGATION FOR THESE STATES IS NOW PROJECTED FOR THE FOURTH QUARTER OR EARLY FY 1984. ------- DELEGATION STATUS OF NSPS As Of June 30,1983 100 O y LJ Q h- UJ O LU a. TARGET 25- I II K) IV V VI VII VIII IX X REGIONS DELEGATED: 109 70 138 135 187 74 52 153 268 78 ------- DELEGATION TO STATES NATIONAL EMISSION STANDARDS FOR HAZARDOUS AIR POLLUTANTS o NO NESHAPS DELEGATIONS WERE SCHEDULED FOR THE THIRD QUARTER AND NONE WERE ACHIEVED. O AT THE END OF THE THIRD QUARTER, DELEGATION REMAINS AT 94% OVERALL. o NESHAPS FOR FOUR BENZENE CATEGORIES ARE SCHEDULED FOR PROMULGATION DURING THE FOURTH QUARTER. HOWEVER, THESE STANDARDS WILL NOT BE DUE FOR DELEGATION BEFORE FY 84. ------- DELEGATION STATUS OF NESHAPS As Of June 30, 1983 100 Q LJ UJ O ct: LJ CL TARGET 25- 0 I II IV V VI VII VIII IX X REGIONS ro .00 ^DELEGATED: 64 32 67 59 117 41 32 73 212 37 ------- DELEGATION TO STATES PREVENTION OF SIGNIFICANT DETERIORATION O THE PROGRESS IN DELEGATING THE PSD PROGRAM HAS BEEN SLOWER THAN EXPECTED AND SEVERAL REGIONS HAVE HAD TO REVISE THEIR COMMITMENTS: - FULL DELEGATION WILL NOT BE DONE BEFORE FY 1984 IN MARICOPA AND WASHOE COUNTIES IN REGION IX AND KANSAS IN REGION VII. - COLORADO MAY NOT ACCEPT DELEGATION FROM REGION VIII THIS FISCAL YEAR. O FULL RESPONSIBILITY WAS DELEGATED ON SCHEDULE TO NEW JERSEY AND ALASKA. O DELEGATIONS TO ARIZONA AND NEVADA, ORIGINALLY PLANNED FOR THE SECOND QUARTER, WERE FINALIZED DURING THE THIRD QUARTER. ------- DaEGATION STATUS OF PSD As Of June 30f 1983 II III IV v vi REGIONS VII Vlti IX S0!«of«d local Qg«nol«» with tntfopvndtn? cufhorlly t PA - AINghtny Co. Philadelphia AZ - Mafleopa Co, Plmo Co CA Bay Area Dial. K«rn Co. Son Dtcgo Co, So Coat! Dltf» Vtnfuro Co NV - Clark Co. Washoo Co Exclusions t Region II - PR,YI{ Rtaton VIII - SD| RtglonlX-OU.AStTT 4 3 H 6 AM MR PM VC SU sc KC BA PA AZ CA NV STATES Legend NOME 13 E28 PflRTinL 17 HI FULL 30 PR09RAMDEUEQAHON IN FY-iS DELEOAT10H IM Fr-83 ------- OFFICE OF PESTICIDES AND TOXIC SUBSTANCES TABLE OF CONTENTS GOAL PAGE MEETING PROGRAM .COMMITMENTS 20 DEVELOPING AND REVIEWING CRITICAL REGULATIONS 33 ENFORCEMENT 34 IMPROVING THE QUALITY OF EPA SCIENCE 42 ------- MEETING PROGRAM COMMITMENTS PESTICIDE REGISTRATION APPLICATIONS CURRENT APPLICATIONS O OPP MET THE OVERALL TARGET IN THE THIRD QUARTER, REVIEWING AN AVERAGE OP 95% OF ALL APPLICATIONS WITHIN THE ADMINISTRATIVE SCHEDULES. O TIMELY PERFORMANCE DECREASED IN TWO CATEGORIES OP REGISTRATION APPLICATIONS IN THE THIRD QUARTER: - NEW CHEMICAL REVIEWS, FROM 97% to 89% WITHIN THE SCHEDULE; AND - OLD CHEMICALS, FROM 98% to 89%. BACKLOG O WHILE THE ACTUAL THIRD QUARTER BACKLOG GREW TO 714 APPLICATIONS, 645 WERE DUE TO THE RECENT COURT RULING WHICH ELIMINATED THE MANDATORY CITE-ALL REQUIREMENT FOR REGISTRATION DATA COMPENSATION. O OPP HAS COMPLETED REVIEWS OF THESE APPLICATIONS, BUT HAS DELAYED THEIR APPROVAL PENDING REGISTRANTS' RESPONSE TO INTERIM PROCEDURES THAT WERE ISSUED AS A RESULT OF LITIGATION. O THE 69 OTHER APPLICATIONS REMAINING IN THE BACKLOG REPRESENT NO PROGRESS IN REDUCING THE BACKLOG SINCE THE SECOND QUARTER. ------- PESTICIDE REGISTRATION APPUCATIONS PERCENT OF FY-83 APPLICATIONS COMPLETED WITHIN APPLICABLE TIMETABLE As Of June 30,1983 K> CD Crt o TOTAL PROCESSED : 4357 TARGET SIZE OF BACKLOG* lOO-i 75- 50- 25 2 3 QUARTERS 4034 2903 82 1 2 3 4 QUARTERS NO. OF PENDING APPUCATIONS WHOSE TIME LIMIT HAS BEEN EXCEEDED Legend ACTUAL WIWKT,,,, SEE HIGHLIGHT ------- MEETING PROGRAM COMMITMENTS PESTICIDE FFDCA TOLERANCE PETITIONS CURRENT PETITIONS O OPP REVIEWED 79% OF THE PETITIONS WITHIN THE STATUTORY DEADLINE, DOWN FROM 81% LAST QUARTER. O OVERALL, QUARTERLY PERFORMANCE DECREASED GIVEN 46% FEWER PETITIONS WERE DUE FOR COMPLETION THAN IN THE SECOND QUARTER. BACKLOG O THE BACKLOG OF UNPROCESSED PETITIONS HAS MORE THAN DOUBLED, UP FROM 28 TO 58 APPLICATIONS, SINCE THE BEGINNING OF FY 83. THE BACKLOG IS BEGINNING TO BECOME SIGNIFICANT IN THAT IT IS APPROACHING THE FY 82 LEVEL. ------- FFDCA TOLERANCE PETITIONS PERCENT OF FY-83 PETITIONS COMPLETED WITHIN STATUTORY TIME LIMIT As Of June 30,1983 100-1 K) s ui (/> 2 Q. CJ Q£ Ld Q_ 0 TOTAL PROCESSED : 113 TARGET 2 3 QUARTERS 199 106 SIZE OF BACKLOG 60-i 45- 30- 15- 82 1 2 3 4 QUARTERS NO. OF PENDING PETITIONS WHOSE TIME LIMIT HAS BEEN EXCEEDED Legend ACTUAL ------- MEETING PROGRAM COMMITMENTS PESTICIDE EXPERIMENTAL USE PERMITS CURRENT APPLICATIONS o OPP PROCESSED 92% OF THE APPLICATIONS WITHIN THE ADMINISTRATIVE SCHEDULE. THIS REPRESENTS CONTINUED IMPROVEMENT IN PROCESSING AS THE NUMBER OF SUBMISSIONS HAS INCREASED IN EACH QUARTER OF FY 83. BACKLOG o THE BACKLOG INCREASED TO 20 APPLICATIONS IN THE THIRD QUARTER. O THERE HAS BEEN A FOUR-FOLD INCREASE IN THE BACKLOG SINCE THE BEGINNING OF FY 83. THE BACKLOG IS BECOMING A SIGNIFICANT PROBLEM IN THAT IT IS APPROACHING THE FY 82 LEVEL. ------- EXPERIMENTAL USE PERMIT APPLICATIONS PERCENT PROCESSED ON TIME As Of June 30, 1983 100-1 to S- Ul > 2 O TOTAL PROCESSED : 68 2 3 QUARTERS 120 134 TARGET SIZE OF BACKLOG 20 -i 10- Mlllllllllllllllllll 82 1 2 3 4 QUARTERS NO. OF APPLICATIONS WHOSE TIME LIMIT HAS BEEN EXCEEDED Legend ACTUAL WRWST,,., ------- MEETING PROGRAM COMMITMENTS PESTICIDE REGISTRATION STANDARDS O OPP ESTABLISHED EIGHT REGISTRATION STANDARDS IN THE THIRD QUARTER. THIS PERFORMANCE EXCEEDED THE TARGET AND RAISED TO SIXTEEN THE TOTAL NUMBER OF STANDARDS ESTABLISHED IN FY 83. O OPP MANAGEMENT HAS YET TO RESPOND TO RECOMMENDATIONS MADE IN A SECOND QUARTER OMSE MANAGEMENT REVIEW OF THE REGISTRATION STANDARDS PROGRAM. THE MANAGEMENT REVIEW IDENTIFIED (AND OPP CONCURRED IN) A NEED FOR OPP TO FOCUS ON OBTAINING AND PROCESSING DATA REQUESTED OF REGISTRANTS, ------- PESTICIDE REGISTRATION STANDARDS CUMULATIVE NUMBER OF STANDARDS ESTABLISHED As Of June 30, 1983 K) 00 O 2 3 QUARTERS Legend ACTUAL ea TARGET \ ------- MEETING PROGRAM COMMITMENTS PESTICIDE SPECIAL REVIEW DECISIONS O OPTS COMPLETED THE FIRST FOUR SPECIAL REVIEWS OF FY 83 IN THE THIRD QUARTER: - TWO CHEMICALS WERE RETURNED TO THE REGISTRATION PROCESS; - ONE PROPOSED DECISION WAS ISSUED TO CANCEL SOME USES AND RESTRICT OTHER USES OF COMPOUND 1080; AND - ONE FINAL RESOLUTION WAS ANNOUNCED TO RESTRICT USES OF EPN. o OPTS1 REQUEST FOR A CHANGE IN THE SPECIAL REVIEW COMMITMENT FROM THIRTEEN TO EIGHT COMPLETIONS IN FY 83 HAS BEEN APPROVED. THIS CHANGE IS REFLECTED IN THE FOURTH QUARTER TARGET. ------- PESTICIDE SPECIAL REVIEW DECISIONS CUMULATIVE NUMBER OF DECISIONS COMPLETED As Of June 30, 1983 20n K) s- LJ cn o g 1/3 Q 10 u. o o 2 3 QUARTERS Legend I ACTUAL ZZJ TARGET ------- MEETING PROGRAM COMMITMENTS INTERAGENCY TESTING COMMITTEE (ITC) DESIGNATIONS PAST LIST o OPTS ACHIEVED THE THIRD QUARTER TARGET. O THIRTEEN PRELIMINARY DECISIONS WERE MADE: - ONE NEGOTIATED TESTING AGREEMENT WAS PROPOSED; - EIGHT TEST RULES WERE INITIATED; - TWO ANPRs FOR REGULATORY ACTION WERE INITIATED; AND - TWO CHEMICALS WILL NOT REQUIRE TESTING. O COMPLETION OF THIS LIST, SCHEDULED FOR THIS CALENDAR YEAR, WILL ELIMINATE THE ITC BACKLOG. -30- ------- MEETING PROGRAM COMMITMENTS INTERAGENCY TESTING COMMITTEE (ITC) DESIGNATIONS NEW LISTS O OPTS ACHIEVED THE THIRD QUARTER TARGET. o FOUR DECISION PACKAGES WERE APPROVED BY THE ADMINISTRATOR AND WERE PROPOSED IN THE FEDERAL REGISTER ONE WEEK AHEAD OF SCHEDULE; - ONE NEGOTIATED TESTING AGREEMENT WAS PROPOSED; AND - THREE TEST RULES WERE PROPOSED. O THE COURT ORDER HAS NOW BEEN MET FOR THE TENTH LIST. THE PROPOSED DECISIONS MUST BE FINALIZED AFTER PUBLIC COMMENT HAS BEEN OBTAINED. ------- MEETING PROGRAM COMMITMENTS SUMMARY OF OTS ACTIONS ON EXISTING CHEMICALS ITEM DATE DUE STATUS PCB REMAND UNCONTROLLED SYSTEMS COURT-ORDERED QUARTERLY STATUS REPORT: 6/83 ON SCHEDULE; SUBMITTED TO U.S. COURT OF APPEALS 6/28/83. FORMALDEHYDE INTERAGENCY AGREEMENT QUARTERLY STATUS REPORT: 6/83 ON SCHEDULE; CONSENSUS WORKSHOP SCHEDULED AND RESEARCH REPORTS ARE ON FILE WITH CLEARINGHOUSE. FORMALDEHYDE CANCER CASE- CONTROL STUDY STUDY QUESTIONNAIRE: 2/83 BEHIND SCHEDULE; DISAPPROVED BY OMB. OTS IS WORKING TO RESOLVE ISSUES WITH OMB. PROPOSED RULE FOR 4,4'- METHYLENEBIS (2-CHLOROANICINE) (MBOCA) PUBLISH ANPR IN FEDERAL REGISTER; 5/83 ON SCHEDULE; FEDERAL REGISTER NOTICE APPEARED ON 5/23/83. TSCA SECTION 4(F) RULE FOR 4,4'- METHYLENEBIS (2 - CHLOROANICINE) (MBOCA) SUBMIT DEVELOPMENT PLAN AND ANPR TO ACTING AA/OPTS: 6/83 ON SCHEDULE; APPROVED BY ACTING AA/OPTS AND FORWARDED TO OPRM 7/1/83. ------- DEVELOPING AND REVIEWING CRITICAL REGULATIONS SUMMARY OF THIRD QUARTER OPTS ACTIVITIES ITEM DATE DUE STATUS REVIEW OF FIFRA REGULATIONS FOR EMERGENCY EXEMPTIONS 4/83 ON SCHEDULE; RECOMMENDATIONS APPROVED BY ACTING AA/OPTS 5/83. REVIEW OF FIFRA REGULATIONS FOR EXPERIMENTAL USE PERMITS. 4/83 ON SCHEDULE; RECOMMENDATIONS APPROVED BY ACTING AA/OPTS 5/83. TSCA PREMANUFACTURE NOTIFICATION (PMN) RULE 4/83 ON SCHEDULE; PUBLISHED IN FEDERAL REGISTER 5/13/83. TSCA GENERIC EXEMPTION RULE FOR SITE LIMITED/LOW VOLUME INTERMEDIATES STEERING COMMITTEE REVIEW; 5/83 ON SCHEDULE; COMPLETED STEERING COMMITTEE REVIEW 5/10/83. TSCA GENERIC EXEMPTION RULE FOR POLYMERS STEERING COMMITTEE REVIEW: 6/83 BEHIND SCHEDULE SIX WEEKS: SUBMITTED FOR CONSENT CALENDAR REVIEW 7/11/83. ------- ENFORCEMENT FIFRA COMPLIANCE MONITORING FEDERAL INSPECTIONS o THE END-OF-YEAR TARGETS HAVE NOW BEEN EXCEEDED FOR ALL CATEGORIES EXCEPT USE INSPECTIONS AND LABORATORY AUDITS. INSPECTIONS COMPLETED IN THE THIRD QUARTER RAISED THE TOTAL NUMBER OF INSPECTIONS COMPLETED IN FY 83 TO 821. o THIS QUARTER ^ADMINISTRATIVE CIVIL COMPLAINTS WERE ISSUED AGAINST 145 SIGNIFICANT VIOLATORS. OF 222 SIGNIFICANT CASES IN FY 83, 156 CASES REMAIN OPEN. AN ADDITIONAL 117 CASES FROM FY 80-82 REMAIN OPEN. o APPROXIMATELY 75 SIGNIFICANT VIOLATIONS RESULTED FROM FAILURE TO REPORT PRODUCTION DATA RATHER THAN FROM INSPECTIONS. ------- K> CO 2 O FIFRA COMPLIANCE MONITORING INSPECTIONS AND ENFORCEMENT ACTIONS COMPLETED BY REGIONS As Of June 30, 1983 1234 QUARTER SIGNIFICANT VIOLATIONS CASES CLOSED Legend TYPE OF INSPECTION ACTUAL EZ) END-OF-YEAR TARGET ------- ENFORCEMENT FIFRA COMPLIANCE MONITORING STATE INSPECTIONS o INSPECTIONS CONDUCTED BY THE STATES IN THE FIRST HALF OF FY 83 MET OR EXCEEDED TARGETS IN ALL CATEGORIES. O INSPECTIONS ARE CONDUCTED IN ACCORDANCE WITH COOPERATIVE ENFORCEMENT GRANT PROGRAMS. o THE CUMULATIVE NUMBER OF INSPECTIONS COMPLETED INCLUDES BOTH STATE/ EPA TARGETED INSPECTIONS AND ADDITIONAL INSPECTIONS CONDUCTED BY STATES. ------- FIFRA COMPLIANCE MONITORING INSPECTIONS COMPLETED BY STATES As Of June 30,1983 K> CO O Scoo- ts 8000- z O 7000H CD 2 ID TYPE OF INSPECTION Legend H ACTUAL EZ3 MID-YEAR TARGET ------- ENFORCEMENT REGIONAL TSCA COMPLIANCE MONITORING INSPECTIONS O REGIONAL PROGRESS WAS ONCE AGAIN INCONSISTENT NATIONALLY: - REGION X HAS NEARLY ACHIEVED ITS END OF YEAR TARGET. - REGIONS It III, VI, VII AND IX ARE GENERALLY ON SCHEDULE. - REGION V CONTINUED TO MAKE SLOW PROGRESS ON INSPECTIONS, BUT IS DETECTING A HIGH LEVEL OF SIGNIFICANT VIOLATORS (93 IN 249 INSPECTIONS). THIS PERFORMANCE ACCOUNTS FOR 47% OF THE NATIONAL TOTAL. - REGION II REPEATED ITS POOR SECOND QUARTER PERFORMANCE. THIRTY-SIX INSPECTIONS WERE PERFORMED IN THE THIRD QUARTER FOR A TOTAL OF 59 INSPECTIONS COMPLETED TO DATE. THIS FALLS FAR SHORT OF THE END-OF-YEAR TARGET OF 303. - REGION VIII HAS NOW EXCEEDED THE END-OF-YEAR TARGET BY 225 INSPECTIONS. THE LOW VIOLATION RATE IN REGION VIII WAS THE SUBJECT OF AN OMSE MANAGEMENT REVIEW DURING THE THIRD QUARTER. THE REGION HAS BEGUN TO IMPLEMENT CHANGES TO IMPROVE INSPECTION TARGETING. ------- REGIONAL TSCA COMPLIANCE MONITORING INSPECTIONS As Of June 30,1983 500-i K) SIGNIFICANT VIOLATORS ADDRESSED: 5 II III IV V VI VII VIII IX X REGIONS 15 10 6 93 16 12 12 12 9 Legend I ACTUAL E3 END-OF-YEAR TARGET ------- ENFORCEMENT TSCA COMPLIANCE MONITORING INSPECTIONS O THE REGIONS HAVE COLLECTIVELY COMPLETED 71% OF THE END-OF-YEAR TARGET. WHILE IT APPEARS THAT THE REGIONS ARE ON SCHEDULE, THEY HAVE ACTUALLY COMPLETED 59% OF THE TARGET IF THE OVERAGE OF 225 INSPECTIONS COMPLETED IN EXCESS OF THE TARGET IN REGION VIII IS DISCOUNTED. o OF 1380 INSPECTIONS COMPLETED TO DATE IN FY 83, 1183, OR 86% WERE FOR PCB COMPLIANCE MONITORING. EFFORTS IN THE FOURTH QUARTER WILL BE DIRECTED TO COMPLETING INSPECTIONS FOR ASBESTOS, REPORTING AND PREMANUFACTURE NOTIFICATION RULES. O CIVIL COMPLAINTS WERE INITIATED AGAINST 65 SIGNIFICANT VIOLATORS IN THE THIRD QUARTER. THE CUMULATIVE NUMBER OF FY 83 SIGNIFICANT CASES IS 193. SIXTY-FIVE CASES HAVE BEEN CLOSED. -AH- ------- 2000 -i 1937 TSCA COMPLIANCE MONITORING INSPECTIONS AND ENFORCEMENT ACTIONS COMPLETED BY REGIONS As Of June 30,1983 END-OF-YEAR TARGET to 2 O 2 3 QUARTER 1234 QUARTER Legend CZJ ACTIONS INITIATED CASES CLOSED ------- IMPROVING THE QUALITY OF EPA SCIENCE QUALITY ASSURANCE ACTIVITIES OPP O A STANDARD OPERATING PROCEDURE FOR FORMULATION ANALYSIS AND CHEMICAL LABORATORIES WAS ACCEPTED BY THE OPP QUALITY ASSURANCE OFFICER. OTS O A QUALITY ASSURANCE PROGRAM PLAN (QAPP) FOR A STUDY OF CONTAMINATION OF REPROCESSED SOLVENTS WAS COMPLETED ON SCHEDULE. O A QAPP FOR DATA COLLECTION AND ENTRY FOR THE TSCA SECTION 8(a) REPORTING RULE FOR ASBESTOS WAS COMPLETED ON SCHEDULE. O A QAPP FOR AN EVALUATION OF ASBESTOS REMOVAL ACTIVITIES HAS BEEN POSTPONED UNTIL A FIELD STUDY CAN BE PERFORMED. ------- OFFICE OF WATER TABLE OF CONTENTS GOAL PAGE DELEGATION TO STATES 44 DEVELOPING AND REVIEWING CRITICAL REGULATIONS 46 MEETING PROGRAM COMMITMENTS 50 ENFORCEMENT 60 ENVIRONMENTAL RESULTS 64 ------- DELEGATION TO STATES STATE UNDERGROUND INJECTION CONTROL PROGRAMS APPROVED O PROGRESS CONTINUES TO BE SLOW IN DELEGATING PROGRAMS TO THE STATES. o DURING THE THIRD QUARTER, GUAM ASUMED FULL PRIMACY AND CALIFORNIA RECEIVED PARTIAL PROGRAM APPROVAL. ARIZONA WAS ADDED TO THE LIST OF STATES REQUIRING A FEDERAL PROGRAM. o REGION VI SUBMITTED THE ARKANSAS APPLICATION FOR CLASS II PRIMACY ON SCHEDULE. o TEN OF THE 23 STATES CURRENTLY TARGETED FOR FULL PRIMACY IN FY 83 PROBABLY WILL NOT RECEIVE PRIMACY UNTIL FY 84. o REGIONS MISSED THEIR TARGETS FOR SUBMISSION OF NINE STATE APPLICATIONS: - FOUR HAD MINOR STATE DELAYS AND ARE EXPECTED DURING 4TH QUARTER. - FOUR, DUE TO CHANGING STATE PRIORITIES, ARE NOT EXPECTED UNTIL FY 84 - ONE DELAYED BY STATE TO EXPAND PROGRAM AND IS NOT EXPECTED UNTIL FY 84. O HEADQUARTERS MISSED ITS TARGET FOR APPROVAL OF NINE APPLICATIONS: - FOUR EXPECTED TO BE APPROVED DURING THE 4TH QUARTER. - FIVE HAD TO BE RETURNED TO THE REGIONS BECAUSE THE FINAL APPLICATIONS DID NOT RESOLVE ISSUES IDENTIFIED IN THE DRAFT APPLICATIONS. APPROVALS ARE NOT EXPECTED UNTIL FY 84. O DIRECT IMPLEMENTATION REGULATIONS ARE THREE MONTHS BEHIND SCHEDULE. o AT THE END OF THE THIRD QUARTER, STATE UIC PROGRAMS COVERED ABOUT 53% OF THE JUNE 1983 NATIONAL INVENTORY OF INJECTION WELLS. THEY WERE TARGETED TO COVER ABOUT 83% BY THE END OF THE YEAR BUT ARE NOW EXPECTED TO COVER ABOUT 58%. ------- STATE UIC PROGRAMS APPROVED As Of June 30,1983 Legend FULL PRIMflCY 7 CLflSS I, III, IV, V HELLS- 2 CT CLflSS II HELLS 5 CD NO flSSUMED ACTIVITIES 25 FEDERflL PROSRflH REQUIRED 19 REGIONS " TARGETED FOR FULL PRIMACY IN FY-83 00 ^ UJ (n 2 O A Federal program Is required In those States that have not applied for primacy. * TARGETED FOR PARTIAL PROGRAM APPROVAL IN FY-83 TARGETED FOR FULL PRIMACY IN FY-84 ------- DEVELOPING AND REVIEWING CRITICAL REGULATIONS o OFFICE OF WATER INTERNAL DELAYS ARE ATTRIBUTED TO: - NEED TO REASSESS AND REVIEW PROPOSED REGULATORY APPROACHES WITH NEW LEADERSHIP. - INSUFFICIENT STAFF TO COMPLETE AS SCHEDULED. o OFFICE OF WATER IS REVIEWING ITS REGULATORY AGENDA AND SCHEDULE AND REESTABLISHING PRIORITIES. ------- DEVELOPING AND REVIEWING CRITICAL REGULATIONS OW SCHEDULE FOR FY 83 PROPOSAL AND PROMULGATION REGULATIONS CONSTRUCTION GRANTS 404(b)(l) GUIDELINES NATIONAL INTERIM PRIMARY DRINKING WATER STANDARDS BEST CONVENTIONAL TECHNOLOGY GENERAL PRBTREAT- MENT NPDES REGULATIONS WATER QUALITY STANDARDS PROPOSAL F.R. DATE 2/83 4/83 12/82* 9/82* 5/83 10/82* PROMULGATION F.R. DATE 4/83 11/83 10/85 10/83 8/83 11/84 9/83 STATUS** OFF SCHEDULE 3 MONTHS; OMB DELAY. OFF SCHEDULE; DELAYED FOR ADMINISTRATOR'S REVIEW; OW PROJECTED COMPLETION DATES ARE 4/84 AND 11/84. OFF SCHEDULE; OW INTER- NAL DELAY; OW PROJECTED PROPOSAL DATE IS 8/83. OFF SCHEDULE; COMMENT PERIOD REOPENED; OW PROJECTED PROMULGATION DATE IS 2/84. OFF SCHEDULE; OW INTER- NAL DELAY; OW PROJECTED PROMULGATION DATE IS 1/84. OFF SCHEDULE; OW INTER- NAL DELAY; OW PROJECTED COMPLETION DATES ARE 5/84 AND 5/85. ON SCHEDULE; SUBJECT TO RECONSIDERATION DEPENDING UPON HILL ACTION. GUIDELINES SLUDGE MANAGEMENT DRAFT DATE 8/83 FINAL DATE 10/83 STATUS** ON SCHEDULE; SCIENCE ADVISORY BOARD REVIEWING CONTRACTOR STUDIES ON CONTAMINANTS OF CONCERN AND DISPOSAL RISKS. * ACTUAL COMPLETION DATES ** BASED ON INTERIM MILESTONES ------- DEVELOPING AND REVIEWING CRITICAL REGULATIONS EFFLUENT GUIDELINES O ONE EFFLUENT GUIDELINE WAS PROMULGATED ON SCHEDULE DURING THE THIRD QUARTER (METAL FINISHING). o OF THE REMAINING FOURTEEN EFFLUENT GUIDELINES: - 4 ARE ON SCHEDULE. - 10 ARE BEHIND SCHEDULE. 2 EXPECTED TO MEET COURT DEADLINES. 7 WILL MISS COURT DEADLINES. 1 MAY MISS COURT DEADLINE. O THE OFFICE OF WATER HAS REQUESTED THE COURT TO MODIFY THE DEADLINES FOR 6 OF THE GUIDELINES BEHIND SCHEDULE AND HAS ADVISED THE COURT OF DELAYS FOR TWO OTHERS. o BY THE END OF FY 83, THE COURT ORDER CALLS FOR: - 19 FINAL EFFLUENT GUIDELINES. - 8 PROPOSED EFFLUENT GUIDELINES. o BY THE END OF FY 83, THE OFFICE OF WATER WILL PROBABLY COMPLETE: - 17 FINAL EFFLUENT GUIDELINES. - 8 PROPOSED EFFLUENT GUIDELINES. ------- EFFLUENT GUIDELINES SCHEDULE FOR FY '83 PROPOSAL AND PROMULGATION AS OF JUNE 30, 1983 ** *» Industry Aluninum Forming Battery Manufacturing Coil Coating (Can Making Segment) Copper Forming Electrical ( Electronic (Phase II) Foundries Inorganic Chemicals (Phase 11) Metal Finishing Nonferrous Metals Forming Nonferrous Metals (Phase I) Nonferrous Metals (Phase II) Organic fc Plastics Chem Pesticides Pharmaceuticals Plastics Molding and Forming Forming RMP (F.R. tote) 11/22/82 11/10/82 1/83 11/12/82 2/83 11/15/82 8/31/82 1/83 2/83 11/30/82 11/26/82 11/30/82 11/26/82 FY '83 ONDJFMAMJJAS o o PROPOSED 1/83 o PROPOSED 2/83 o o PROMULGATED 6/83. o o O 0 FY '84 O N D O o 0 o 0 O Note: This is the schedule approved by the Court on August 25, 1982. Proposal. o Promulgation. * Modified court deadlines requested. ** Court notified of delays. ------- MEETING PROGRAM COMMITMENTS CONSTRUCTION GRANTS OBLIGATIONS O THE OFFICE OF WATER REVISED ITS COMMITMENT FOR THE THIRD AND FOURTH QUARTERS TO GROSS OBLIGATIONS INSTEAD OF NET OBLIGATIONS TO ELIMINATE THE CONFLICT CREATED BY NET OBLIGATION AND DEOBLIGATION GOALS. O NATIONALLY, ACTUAL OBLIGATIONS FOR THE THIRD QUARTER WERE 95% OF THE NEW GROSS OBLIGATION TARGET. O ALL BUT TWO REGIONS MET THEIR NEW GROSS OBLIGATION TARGETS WITHIN A +15% TO -10% WINDOW. REGIONS III AND V ACHIEVED 83% AND 79% OF THEIR RESPECTIVE TARGETS. CONSTRUCTION GRANTS OUTLAYS O NATIONALLY, ACTUAL OUTLAYS FOR THE THIRD QUARTER WERE 94% OF THE PLANNED TARGET. O ALL BUT FOUR REGIONS MET THEIR OUTLAY TARGETS WITHIN A +5% WINDOW. REGIONS IV, V, VIII AND X ACHIEVED 81%, 92%, 80% AND 81% OF THEIR RESPECTIVE TARGETS. ------- CONSTRUCTION GRANT PROGRAM OBLIGATIONS AND OUTLAYS As Of June 30, 1983 OBLIGATIONS OUTLAYS 1 2 3 QUARTERS 1 2 3 QUARTERS K) to 2 O TARGET III 11 I MM*** ACTUALS ------- MEETING PROGRAM COMMITMENTS CONSTRUCTION GRANTS COMPLETIONS AND CLOSEOUTS O NATIONALLY, THE OFFICE OF WATER ACHIEVED 85% OF ITS THIRD QUARTER TARGET FOR PHYSICAL COMPLETIONS. REGIONS VI AND VII EXCEEDED THEIR TARGETS. REGIONS I, IX AND X ACHIEVED BETWEEN 84% AND 92% OF THEIR TARGETS AND REGIONS II, III, IV, V AND VIII ACHIEVED BETWEEN 71% and 79%. o THE OFFICE OF WATER REDUCED ITS THIRD AND FOURTH QUARTER COMMITMENTS FOR ADMINISTRATIVE COMPLETIONS TO REFLECT THE IG'S NEW AUDIT CERTIFICATION PROCEDURES. NATIONALLY, OW ACHIEVED 87% OF ITS NEW THIRD QUARTER TARGET. REGIONS VI, VII, VIII AND X EXCEEDED THEIR TARGETS WHILE REGIONS I THROUGH V AND IX ACHIEVED BETWEEN 62% AND 79% OF THEIR TARGETS. O THE OFFICE OF WATER REDUCED ITS THIRD AND FOURTH QUARTER COMMITMENTS FOR PROJECT CLOSEOUTS TO REFLECT THE IG'S NEW AUDIT SCREENING AND CERTIFICATION PROCEDURES. NATIONALLY, OW ACHIEVED 118% OF ITS NEW THIRD QUARTER TARGET. REGIONS I, III, IV, VI, VII AND X EXCEEDED THEIR TARGETS WHILE REGIONS II, V, VIII AND IX ACHIEVED 39%, 89%, 95% AND 87% OF THEIR RESPECTIVE TARGETS. ------- CONSTRUCTION GRANT COMPLETIONS/CLOSEOUTS PROJECTS COMPLETED As Of June 30, 1983 oo > Physical Completions Administrative Completions Project Closeouts 1234 QUARTERS DIFFERENT SCALE 1234 QUARTERS 1234 QUARTERS Legend I ACTUAL E2 TARGET ------- 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 NPDES REPERMITTING PROGRESS IS SLOW. IT WILL TAKE A CONCERTED EFFORT TO MEET,THE FOURTH QUARTER TARGET. o WHILE, NATIONALLY, THE OFFICE OF WATER HAS ISSUED 106 OF THE 112 PERMITS TARGETED FOR THE FIRST THREE QUARTERS, ONLY 43 OF THE 62 PERMITS TARGETED FOR THE THIRD QUARTER WERE ISSUED. NEW PERMITS O THE REGIONS ISSUED 30 NEW PERMITS DURING THE THIRD QUARTER. NATIONALLY THE OFFICE OF WATER MET ITS SIX MONTH TARGET FOR AVERAGE PROCESSING TIME FROM RECEIPT OF A COMPLETE APPLICATION TO PERMIT ISSUANCE. ------- REDUCING REPERMITTING BACKLOG As Of June 30,1983 PERMITS TO BE REISSUED 2 3 QUARTERS REDUCTION IN MAJOR INDUSTRIAL PERMIT BACKLOG 1000 750- 500- 250- 1 2 3 QUARTERS K> U DIFFERENT SCALES TARGET IMMIIIIIIII ACTUALS ------- MEETING PROGRAM COMMITMENTS NPDES REPERMITTING O REGIONAL PERFORMANCE IS MIXED. o REGIONS IV, VI AND VIII EXCEEDED THEIR THIRD QUARTER CUMULATIVE TARGETS, O ALL OTHER REGIONS ARE BEHIND SCHEDULE. o FOURTH QUARTER TARGETS FOR ALL REGIONS EQUAL OR EXCEED THEIR THIRD QUARTER CUMULATIVE TARGETS. ------- REDUCING NPDES REPERMITTING BACKLOG As Of June 30,1983 § Legend I ACTUAL EZ3 TARGET I II IV V VI VII VIII IX X ------- MEETING PROGRAM COMMITMENTS 301(h) OCEAN DISCHARGE PERMITS O PROGRESS IN ISSUING 301(h) OCEAN DISCHARGE PERMITS IS SLOW. O THE ORDER OFFERING DELEGATION OF THE 301(h) PROGRAM TO THE REGIONS WAS SIGNED ON DECEMBER 30, 1982. - REGIONS II, IV AND X ACCEPTED DELEGATION BEFORE THE THIRD QUARTER. - REGIONS I, III AND IX ACCEPTED DELEGATION DURING THE THIRD QUARTER. o FOR THE TWENTY-FOUR WAIVER DECISIONS AND SIX DRAFT PERMITS ISSUED BEFORE FY 83, THE REGIONS ARE TARGETED TO ISSUE: - NINE DRAFT PERMITS. - ELEVEN FINAL PERMITS. O REGION X ISSUED: - ONE FINAL PERMIT DURING THE SECOND QUARTER. - THREE DRAFT PERMITS DURING THE THIRD QUARTER. O HEADQUARTERS ISSUED A TENTATIVE WAIVER DECISION DURING THE THIRD QUARTER DENYING BOSTON'S WAIVER REQUEST. o THE FY 83 DRAFT AND FINAL PERMIT MEASURES ARE NOT GOOD INDICATORS OF PROGRAM PROGRESS AND TARGETS MAY BE TOO HIGH GIVEN CURRENT REGULATORY PROCEDURES. ACTUAL PERMIT ISSUANCE IS A LONG WAY OFF FOR MANY APPLICATIONS. OMSE IS WORKING WITH THE OFFICE OF WATER TO TRY TO STREAMLINE THE PROCESS AND TO IDENTIFY BETTER INDICATORS OF PROGRAM PROGRESS. -58- ------- to Ul V) o 40-i 30- 20- 10- 301( H ) OCEAN DISCHARGE PERMITS As Of June 30,1983 PERMITS TO BE ISSUED n II III REGIONS T H BACKLOG REDUCTION 70 60 50- 40- 30- 20- 10- 1234 QUARTERS ACTUAL TARGET IX Legend H FINAL PERMITS COMPLETED Z2 FINAL PERMITS TARGETED FOR FY 1983 O PERMIT BACKLOG ------- ENFORCEMENT GENERAL O THE NATIONAL MUNICIPAL POLICY IS IN DRAFT FORM. AS A RESULT OF THE BRIEFING OF SENIOR AGENCY OFFICIALS, THE OFFICE OF WATER IS DOING ADDITIONAL ANALYSES, INCLUDING RESOURCE ANALYSES. THE FINAL POLICY IS NOW EXPECTED IN DECEMBER. O THE FINAL NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM (NPDES) REGULATION WILL REQUIRE USE OF THE NEW NATIONAL DEFINITION OF SIGNIFICANT NON-COMPLIANCE IN REPORTING COMPLIANCE RATES. PROPOSAL IS EXPECTED IN MAY, 1984, AND FINAL PROMULGATION IN MAY, 1985. O ALL REGIONS AND STATES, EXCEPT REGION III AND ITS STATES, ARE VOLUNTARILY USING THE NEW DEFINITION OF SIGNIFICANT NON-COMPLIANCE IN REPORTING COMPLIANCE. O THE STATE OF VIRGINIA DID NOT REPORT IN TIME TO BE INCLUDED IN THIS REPORT. 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 NATIONALLY, THE THIRD QUARTER COMPLIANCE RATE FOR MAJOR 92-500 MUNICIPALS ON FINAL EFFLUENT LIMITS WAS 90%. REGION III IS SIGNIFICANTLY BEHIND ITS END-OF-YEAR TARGET. O DURING THE FIRST THREE QUARTERS, EPA MADE 567 COMPLIANCE INSPECTIONS OF MAJOR MUNICIPAL FACILITIES TO CONFIRM COMPLIANCE REPORTING. O NATIONALLY, THE THIRD QUARTER COMPLIANCE RATE FOR MINOR 92-500 MUNICIPALS ON FINAL EFFLUENT LIMITS WAS 82%. REGIONS II AND VI ARE SIGNIFICANTLY BEHIND THEIR END-OF-YEAR TARGETS. REGION VIII DID NOT PROVIDE ANY INFORMATION ON MINOR 92-500 COMPLIANCE. o DURING THE FIRST THREE QUARTERS, EPA MADE 184 COMPLIANCE INSPECTIONS OF MINOR MUNICIPAL FACILITIES TO CONFIRM COMPLIANCE REPORTING. ------- COMPLIANCE RATES FOR MAJOR 92-500 MUNICIPALS ON FINAL EFFLUENT LIMITS As Of June 30, 1983 100n .TARGET OX 2 3 QUARTERS PERCENT OF ALL MAJOR MUNICIPALS MEASURED HERE K> CO 3E o NUMBER OF MAJOR 92-500 MUNICIPALS ON FINAL EFFLUENT LIMITS: 789 ------- ENFORCEMENT NON-MUNICIPALS O THERE ARE APPROXIMATELY: - 4,000 MAJOR NON-MUNICIPAL FACILITIES. - 3,500 MAJOR NON-MUNICIPAL FACILITIES ON FINAL EFFLUENT LIMITS. o AS THE RESULT OF CHANGES IN SEVERAL REGIONS' UNDERSTANDING OF THE MEANING OF, FACILITIES "ON FINAL EFFLUENT LIMITS," 100 FACILITIES DROPPED OUT OF THIS UNIVERSE DURING THE THIRD QUARTER. o NATIONALLY, THE THIRD QUARTER COMPLIANCE RATE FOR MAJOR NON-MUNICIPALS ON FINAL EFFLUENT LIMITS WAS 91%. REGIONS III, VIII AND X ARE SIGNIFICANTLY BEHIND THEIR END-OF-YEAR TARGETS. o DURING THE FIRST THREE QUARTERS, EPA MADE 443 COMPLIANCE INSPECTIONS OF MAJOR NON-MUNICIPAL FACILITIES TO CONFIRM COMPLIANCE REPORTING. ------- LU o tr LJ a. 25- 0 COMPLIANCE RATES FOR MAJOR NON-MUNICIPALS ON FINAL EFFLUENT LIMITS As Of June 30, 1983 TARGET 94X 1 2 3 QUARTERS PERCENT OF ALL MAJOR NON-MUNICIPALS MEASURED HERE K> 00 Ul to NUMBER OF MAJOR NON-MUNICIPALS ON FINAL EFFLUENT LIMITS: 3510 ------- ENVIRONMENTAL RESULTS POPULATION SERVED BY COMMUNITY PUBLIC WATER SUPPLY SYSTEMS WITH PERSISTENT VIOLATIONS OF DRINKING WATER STANDARDS* o THE NUMBER OF PEOPLE SERVED BY SYSTEMS IN PERSISTENT VIOLATION (FOUR OR MORE MONTHS) OF THE MICROBIOLOGICAL AND TURBIDITY STANDARDS DECREASED IN 1982: FOR MICROBIOLOGICAL STANDARDS, THE NUMBER OF PEOPLE EXPOSED TO: - MAXIMUM CONTAMINANT LEVEL VIOLATIONS DECREASED FROM 2.4 TO 0.4 MILLION. - MONITORING AND REPORTING REQUIREMENT VIOLATIONS DECREASED FROM 5.2 TO 3.6 MILLION. FOR TURBIDITY STANDARDS, THE NUMBER OF PEOPLE EXPOSED TO: - MAXIMUM CONTAMINANT LEVEL VIOLATIONS DECREASED FROM 4.8 TO 3.4 MILLION. - MONITORING AND REPORTING REQUIREMENT VIOLATIONS DECREASED FROM 7.8 TO 0.7 MILLION. o THE NUMBER OF SYSTEMS IN PERSISTENT VIOLATION IN FY 82 IS ABOUT THE SAME AS IN FY 81. O A TOTAL OF 7.2 MILLION PEOPLE (OUT OF A POSSIBLE 227 MILLION) WERE SERVED BY SYSTEMS WITH ONE OR MORE VIOLATIONS OF ANY MAXIMUM CONTAMINATION LEVEL OR MONITORING AND REPORTING REQUIREMENT. * ODW REPORTS THAT THE POPULATION NUMBERS ARE ESTIMATES DUE TO THE DIFFICULTY OF DETERMINING USERS. THEY ARE CURRENTLY REVISING THEIR DATA BASE. ------- ft POPULATION SERVED BY WATER SYSTEMS IN PERSISTENT VIOLATION As Of May 31,1983 VIOLATING MICROBIAL STANDARDS 81 82 FISCAL YEAR SERVICE POPULATION: 227.5 (SURFACE AND GROUND WATER SUPPLY SOURCE) VIOLATING TURBIDITY STANDARDS 81 82 FISCAL YEAR TOTAL POPULATION: 155 MILLION (SURFACE WATER SUPPLY SOURCE ONLY) Legend i MCL VIOLATIONS EZ2 H/R VIOLATIONS ------- OFFICE OF SOLID WASTE AND EMERGENCY RESPONSE TABLE OF CONTENTS GOAL 'PAGE DELEGATION TO STATES 68 MEETING PROGRAM COMMITMENTS 72 ENFORCEMENT 78 ------- DELEGATION TO STATES RCRA-C PHASE I STATE AUTHORIZATIONS o PROGRESS IN AWARDING PHASE I AUTHORIZATIONS HAS BEEN EXCELLENT. NEVADA AND OHIO OBTAINED PHASE I AUTHORIZATION IN JULY 1983, BRINGING THE TOTAL TO 38. THIRTY-NINE STATES ARE TARGETED FOR AUTHORIZATION BY THE END OF FY 83. o WASHINGTON SUBMITTED ITS FINAL APPLICATION ON TARGET AND IS SCHEDULED TO OBTAIN AUTHORIZATION DURING FOURTH QUARTER. THE STATE OF MISSOURI NOW ANTICIPATES OBTAINING PHASE I AUTHORIZATION IN FIRST QUARTER FY 84, RATHER THAN FOURTH QUARTER FY 83. O SIX STATES PLAN TO GO DIRECTLY TO FINAL AUTHORIZATION VIRGIN ISLANDS, MICHIGAN, MINNESOTA, COLORADO, SOUTH DAKOTA AND IDAHO. TWO STATES DO NOT INTEND TO ADOPT THE RCRA PROGRAM WYOMING AND HAWAII. O PHASE I IS AUTHORIZED TO STATES THAT HAVE AN ACCEPTABLE FRAMEWORK FOR UNDERTAKING ALL RCRA RESPONSIBILITIES, EXCEPT PERMITTING. ------- DELEGATION STATUS OF RCRA - PHASE » As Of June 30,1983 K) II III IV V VI REGIONS VII VIII IX AUTHORIZED DRAFT STAGE NONE TOTAL 38 6 9 53 * TARGETED FOR AUTHORIZATION IN FY 1983 * TARGETED TOR DRAFT STAGE IN FY 1983 Legend NONE DRAFT STAGE AUTHORIZED ------- DELEGATION TO STATES RCRA-C PHASE II STATE AUTHORIZATIONS O PROGRESS IN AWARDING PHASE II AUTHORIZATIONS GENERALLY HAS BEEN ON TARGET. PHASE II IS AUTHORIZED TO STATES THAT HAVE AN ACCEPTABLE PROGRAM FOR PERMITTING HAZARDOUS WASTE MANAGEMENT FACILITIES. O CONNECTICUT AND NEVADA OBTAINED PHASE II AUTHORIZATION, BRINGING THE TOTAL TO 12. TWENTY-THREE STATES ARE TARGETED FOR PHASE II BY THE END OF FY 83. O MISSISSIPPI, OKLAHOMA AND CONNECTICUT HAVE PERMITTING AUTHORITY FOR ALL PHASE II COMPONENTS, I.E., STORAGE AND TREATMENT, INCINERATION AND LAND DISPOSAL. CALIFORNIA HAS PERMITTING AUTHORITY FOR STORAGE AND TREATMENT.. THE REMAINING EIGHT STATES HAVE PERMITTING AUTHORITY FOR STORAGE AND TREATMENT AND INCINERATION. O DURING THE THIRD QUARTER, MAINE AND WASHINGTON SUBMITTED THEIR FINAL APPLICATIONS, AND RHODE ISLAND AND NEW JERSEY SUBMITTED THEIR DRAFT APPLICATIONS AS SCHEDULED. O ALABAMA'S FINAL APPLICATION IS BEHIND SCHEDULE PENDING A STATE STATUTORY CHANGE. IN ADDITION, EPA'S DECISION TO GRANT INTERIM AUTHORIZATION TO FLORIDA HAS BEEN POSTPONED UNTIL FOURTH QUARTER DUE TO A NEEDED STATUTORY CHANGE ON PERMIT BY DEFAULT. O FIFTEEN STATES PLAN TO GO DIRECTLY TO FINAL AUTHORIZATION, INCLUDING ALL STATES IN REGION V, PUERTO RICO, VIRGIN ISLANDS, DELAWARE, IOWA, KANSAS, COLORADO, MONTANA, SOUTH DAKOTA AND IDAHO. ------- DELEGATION STATUS OF RCRA - PHASE il As Of June 30,1983 K) U) (A O III IV V VI REGIONS VII VIII IX AUTHORIZED DRAFT STAGE NONE TOTAL 12 17 24 53 * TARGETED FDR AUTHORIZATION IN FY 1983 * TARGETED FOR DRAFT STAGE IN FY 1983 Legend CD NONE t23 DRAFT STAGE AUTHORIZED ------- MEETING PROGRAM COMMITMENTS o THE NUMBER OF RCRA PERMITS ISSUED HAS NEARLY DOUBLED SINCE SECOND QUARTER. NINE PERMITS WERE ISSUED, BRINGING THE TOTAL TO 19. REGION VI HAS ISSUED FOUR PERMITS, FOLLOWED BY REGIONS IV, VII AND IX WITH 3 EACH. o EXISTING FACILITIES (ACTIVITY SINCE INCEPTION OF PROGRAM IN FY 83): - EPA HAS CALLED IN 688 STORAGE AND TREATMENT APPLICATIONS. IN ADDITION, THE STATES HAVE CALLED IN 762 APPLICATIONS, FOR A TOTAL OF 1449. (FY 83 TARGET IS 686.) OF THE PERMITS CALLED IN, THE STATES AND EPA HAVE RECEIVED 507 APPLICATIONS. FIVE PERMITS WERE ISSUED DURING THIRD QUARTER, BRINGING THE TOTAL TO 7 (2 BY EPA AND 5 BY STATES). - EPA HAS CALLED IN 94 INCINERATION APPLICATIONS. IN ADDITION, THE STATES HAVE CALLED IN 36 FOR A TOTAL OF 133. (FY 83 TARGET IS 164.) OF THE PERMITS CALLED IN, THE STATES AND EPA ARE IN THE PROCESS OF REVIEWING 61 APPLICATIONS. NO PERMITS HAVE BEEN ISSUED YET. - EPA HAS CALLED IN 224 LAND DISPOSAL APPLICATIONS. IN ADDITION, THE STATES HAVE CALLED IN 11 FOR A TOTAL OF 235. (FY 83 TARGET IS 240.) OF THE PERMITS CALLED IN, THE STATES AND EPA HAVE RECEIVED 61 APPLICATIONS. NO PERMITS HAVE BEEN ISSUED YET. ------- MEETING PROGRAM COMMITMENTS (CONT'D) O NEW FACILITIES OR EXPANSIONS (ACTIVITY SINCE INCEPTION OF PROGRAM IN FY 82): - EPA RECEIVED 4 STORAGE AND TREATMENT APPLICATIONS DURING THIRD QUARTER, BRINGING THE TOTAL TO 82. EIGHT PERMITS HAVE BEEN ISSUED. (NO CHANGE SINCE SECOND QUARTER.) - EPA RECEIVED 3 INCINERATOR APPLICATIONS DURING THIRD QUARTER, BRINGING THE TOTAL TO 15. TWO PERMITS WERE ISSUED DURING THIRD QUARTER, BRINGING THE TOTAL TO 3. - EPA RECEIVED ONE LAND DISPOSAL APPLICATION DURING THIRD QUARTER, BRINGING THE TOTAL TO 15. ONE LAND DISPOSAL PERMIT HAS BEEN ISSUED. (NO CHANGE SINCE SECOND QUARTER.) O BASED ON EXPERIENCE TO DATE, AVERAGE PERMIT PROCESSING TIMES ARE: - 1.1 CALENDAR YEARS* FOR EXISTING STORAGE AND TREATMENT FACILITIES, - 1.3 CALENDAR YEARS FOR NEW OR EXPANDED STORAGE AND TREATMENT FACILITIES. - 2.3 CALENDAR YEARS FOR NEW OR EXPANDED INCINERATOR FACILITIES. *BASED ON 220 WORK DAYS PER YEAR. ------- MEETING PROGRAM COMMITMENTS SUPERFUND REMOVAL ACTIVITIES O OSWER SIGNIFICANTLY EXPANDED REMOVAL EFFORTS. FORTY-EIGHT IMMEDIATE REMOVAL ACTIONS WERE INITIATED THIS QUARTER, COMPARED WITH A TOTAL OF 28 FOR THE FIRST TWO QUARTERS. TWENTY-THREE ACTIONS WERE COMPLETED FOR AN FY 83 TOTAL OF 57. O $4.6 MILLION WAS OBLIGATED DURING THIRD QUARTER, COMPARED WITH $3.6 MILLION FOR THE FIRST TWO QUARTERS. THE FY 83 TOTAL TO DATE IS $7.2 MILLION. O FOUR PLANNED REMOVAL ACTIVITIES WERE INITIATED, BRINGING THE FY 83 TOTAL TO 7. NO ADDITIONAL PLANNED REMOVALS WERE COMPLETED, WITH THE FY 83 TOTAL REMAINING AT 5. O EPA ALSO UNDERTOOK 142 OTHER ON-SCENE RESPONSE ACTIVITIES. ------- SUPERFUND REMOVAL ACTIVITIES FOR FY 83 i As Of June 30, 1983 INITIATED COMPLETED 100- 75- o: UJ °| 50- 2: 25- Oi 100- f 75- " » « * * * 50- * * « * « « ,,' ,,.^ ^ J ,. X ,/ s?L-* * T 1 1 1 U % ' 1 1 ,,...... 1 1234 1234 QUARTER QUARTER ^ '- .v, .- ' >S 3v '- '> 3 ; ' ' ' * ^ IMMEDIAT^REMOVAL w PLANNED REMOVAL o ------- MEETING PROGRAM COMMITMENTS SUPERFUND REMEDIAL ACTIVITIES O THE INITIATION OF REMEDIAL INVESTIGATIONS/FEASBILITY STUDIES (RI/FS) IS PROCEEDING IN ACCORDANCE WITH THE NEW SUPERFUND STRATEGY. PROGRESS IN ENGINEERING DESIGNS AND REMEDIAL IMPLEMENTATION ACTIONS HAS SLOWED AND TARGETS ARE BEING REVISED DOWNWARD DUB TO A CHANGE IN OBLIGATION AUTHORITY (SEE BELOW). DURING THIRD QUARTER, $16.7 MILLION WAS OBLIGATED FOR REMEDIAL ACTIVITIES. THIS BRINGS THE CUMULATIVE AMOUNT OF FY 83 REMEDIAL FUNDS OBLIGATED TO $35 MILLION. OF THE $16.7 MILLION: - $7.0 MILLION WAS OBLIGATED FOR (RI/FS) AT 12 NEW SITES, BRINGING THE FY 83 TOTAL TO 26. THIS IS ONLY 2 SHORT OF THE THIRD QUARTER TARGET WHICH CALLED FOR RI/FS AT 28 SITES. - $.2 MILLION WAS OBLIGATED FOR ENGINEERING DESIGNS. HOWEVER, CUMULATIVE PROJECT STARTS REMAIN AT 3 FOR FY 83. THE THIRD QUARTER TARGET CALLED FOR ENGINEERING DESIGNS AT 14 SITES. - $1.4 MILLION WAS OBLIGATED FOR 2 INITIAL REMEDIAL MEASURES. $8 MILLION WAS OBLIGATED FOR SITE ASSESSMENTS, INSPECTIONS AND DEVELOPMENT OF REMEDIAL ACTION MASTER PLANS. o NO FUNDS HAVE BEEN OBLIGATED IN FY 83 FOR REMEDIAL IMPLEMENTATION ACTIONS. FIRST AND SECOND QUARTER REPORTS OF FY 83 REMEDIAL ACTIONS AT TWO NEW SITES WERE IN ERROR. THE THIRD QUARTER TARGET CALLED FOR IMPLEMENTATION/CONSTRUCTION AT 7 NEW SITES. o THE FY 83 OBLIGATION TARGETS FOR REMEDIAL ACTIVITIES HAS BEEN REDUCED FROM $110 MILLION TO $80 MILLION DUE TO REPROGRAMMING OF FUNDS TO CLEAN UP TIMES BEACH. THE PROGRAM WILL PROPOSE CHANGES IN FY 83 REMEDIAL TARGETS BASED ON THIS REDUCED OBLIGATION AUTHORITY. o SINCE THE INCEPTION OF THE PROGRAM, 5 SITES ON THE NATIONAL PRIORITIES LIST (NPL) HAVE BEEN CLEANED UP. IN ADDITION, BY THE END OF THE THIRD QUARTER, REMEDIAL WORK WAS UNDERWAY AT 82 SITES. ------- FY 83 SUPERFUND SITE REMEDIAL ACTIVITIES INITIATED As Of June 30,1983 Remedial Investigations/ Feasibility Studies Engineering Designs Remedial Actions 40-j t f\ uj 30- r (/) ^f w U_ 20- O § 10- 21 0_. T c f ( v/ r - ro 5 UJ 2 O <> 30n * / » * « s* «*X 2°- J / .'"/ // * _x^ ' S ^t*z *^^^ 01 Tl > 1 2 3 4 C QUARTERS / ~, -. .'-(';} . I 1 O PROJ. gUM. SITfJ - FU|lpSplpL A ACTUAL SITES - FUNDS OBL. * DIFFERENT SCALE 20- ^& * » 0 » / 10- 0 ** * & iA1"^"^ rffl^lt*^ . . (\ t pp^ | < | | y -^ 11234 C QUARTERS / , . > / f- > ) C ' , ' i ' 4> X --** ^^ X* -* t t ) 1 2 3 4 QUARTERS / - - .' / ^ N' , \ / , ------- ENFORCEMENT SUPERFUND ENFORCEMENT ACTIVITY O SUPERFUND ENFORCEMENT ACTIONS ARE INCREASING. SEVENTEEN ADMINISTRATIVE ORDERS WERE ISSUED DURING THIRD QUARTER, BRINGING THE FY 83 TOTAL TO 131. FIVE OF THE ORDERS WERE ISSUED ON CONSENT AND 12 WERE ISSUED UNILATERALLY. O DURING THIRD QUARTER, 417 NOTICE LETTERS WERE ISSUED, BRINGING THE FY 83 TOTAL TO 1185 NOTICE LETTERS FOR 45 SITES. O NEGOTIATIONS ARE UNDERWAY WITH RESPONSIBLE PARTIES AT 87 SITES. NEGOTIATIONS AT 6 SITES HAVE BEEN CONCLUDED THIS FISCAL YEAR. O EPA OBTAINED PRIVATE PARTY CLEANUPS WORTH APPROXIMATELY $6 MILLION AT 5 SITES. THIS BRINGS THE FY 83 TOTAL TO CLEANUPS WORTH $68 MILLION AT 11 SITES. O THERE WERE NO COST RECOVERY ACTIONS NEGOTIATED DURING THIRD QUARTER. THE FY 83 COST RECOVERY TOTAL REMAINS AT $14.3 MILLION AT 3 SITES. ------- SUPERFUND ENFORCEMENT ACTIVITY FOR FY 83 As Of June 30, 1983 160-1 120- o: Ld 80 40 0 ro § UJ ) 2 O 45 87 11 131 \SSSSSSSA ------- ENFORCEMENT RCRA ENFORCEMENT ACTIVITY EPA DATA O FOLLOW UP ACTIVITIES DEALING WITH CLASS I VIOLATIONS APPEAR TO BE SIGNIFICANTLY INCREASING. 2391 INSPECTIONS HAVE BEEN CONDUCTED AGAINST THE THIRD QUARTER TARGET OF 2945. O ONE HUNDRED AND THIRTY HANDLERS WERE FOUND TO HAVE CLASS I VIOLATIONS DURING THE THIRD QUARTER. i! O THE REGIONS ISSUED COMPLIANCE ORDERS TO ^2 HANDLERS WITH CLASS I VIOLATIONS. o SIXTY-EIGHT HANDLERS WITH CLASS I VIOLATIONS WERE RETURNED TO COMPLIANCE THROUGH FINAL ORDERS. STATE DATA O PRELIMINARY SECOND QUARTER DATA HAS BEEN RECEIVED FROM MOST STATES ON THEIR ACTIVITIES. IT INDICATES THAT: - 4130 INSPECTIONS WERE CONDUCTED. 1085 OF THOSE WERE IN REGION III STATES. - 1716 HANDLERS WERE DETECTED WITH RCRA VIOLATIONS, 700 OF THESE WERE DETECTED IN REGION IV. REGION III AND VI ALSO RECORDED A SIGNIFICANT NUMBER OF VIOLATIONS. - 130 FORMAL ADMINISTRATIVE ORDERS REQUIRING COMPLIANCE WERE ISSUED. THE STATES IN REGIONS I AND IV ISSUED 29 EACH. ------- RCRA ENFORCEMENT ACTIVITY FOR FY 1983 As Of June 30, 1983 INSPECTIONS w c o Q. in c O d z 3 O 4000-1 3000- 2000- 1000- ACTUAL TARGET COMPLIANCE ORDERS ISSUED CUSS I 100-, vt J? TJ C O X H- o o K) § Ul in 2 SI 123 Quarters 130- lOO-i C J2 o c o X »»- o 6 CLASS I VIOLATORS RETURNED TO COMPLIANCE CLASS I ------- OFFICE OF ADMINISTRATION TABLE OF CONTENTS GOAL PAGE MEETING PROGRAM COMMITMENTS 85 ------- OFFICE OF ADMINISTRATION MEETING PROGRAM COMMITMENTS ITEM STATUS COMPREHENSIVE REVIEW OF EPA PROCUREMENT PROCEDURES: - CONTRACT ADMINISTRATION AND CLOSEOUT - PROCUREMENT PLANNING - POLICIES, PROCEDURES AND MANAGEMENT COMPLETED ON SCHEDULE. COMPLETED ON SCHEDULE. COMPLETED SIX WEEKS AHEAD OF SCHEDULE. STANDARD SYSTEMS DEFINITIONS FOR FINANCIAL MANAGEMENT NETWORK COMPLETED AND ISSUED AHEAD OF SCHEDULE. PART 29 GRANT REGULATIONS (INTER- GOVERNMENTAL REVIEW OF FEDERAL PROGRAMS) FINAL RULE PUBLISHED ON SCHEDULE. PART 30 GENERAL GRANT REGULATIONS (GENERAL REGULATIONS FOR ASSISTANCE PROGRAMS) TWO MONTHS BEHIND SCHEDULE DUE TO HOLD UP AT OMB. -RS- ------- MEETING PROGRAM COMMITMENTS DELINQUENT ACCOUNTS RECEIVABLE O TOTAL DOLLARS IN DELINQUENT ACCOUNTS RECEIVABLE CONTINUED TO INCREASE DURING THIRD QUARTER. O INCREASES ARE DUE PRIMARILY TO THE INCREASING NUMBER OF GRANT REFUNDS UNDER APPEAL AND ACCOUNTS REFERRED TO THE CLAIMS OFFICE FOR COLLECTION. O OA DID REDUCE THE NUMBER OF DELINQUENT ACCOUNTS RECEIVABLE BY COLLECTING A LARGE NUMBER OF UNUSED AIRLINE TICKET REFUNDS IN HEADQUARTERS. ------- REDUCTION OF DELINQUENT ACCOUNTS RECEIVABLE ( OVER 90 DAYS ) As Of June 30, 1983 DOLLAR AMOUNT NUMBER OF ACCOUNTS K) 00 Ul 2 O 1 2 QUARTER ACTUAL TOTAL GRANTREFUNDSUNDER BOOn 600 400- 200- 1 2 QUARTER TARGET ------- OFFICE OF POLICY AND RESOURCE MANAGEMENT TABLE OF CONTENTS GOAL PAGE MEETING PROGRAM COMMITMENTS 90 ------- OFFICE OF POLICY AND RESOURCE MANAGEMENT MEETING PROGRAM COMMITMENTS ITEM STATUS RED BORDER REVIEW DEADLINES MET TWO-WEEK DEADLINE IN 31% OF CASES. OPRM IS INTRODUCING A NUMBER OF MANAGEMENT IMPROVEMENTS IN THIS AREA FOR THE 4TH QUARTER. EVALUATION REPORTS TO OMB ON DISCHARGE MONITORING REPORT AND NATIONAL EMISSIONS DATA SYSTEM THREE MONTHS BEHIND SCHEDULE. (OMB WAS NOTIFIED UNOFFICIALLY OF RESULTS IN JUNE.) TRIENNIAL REVIEW PROJECT WORKPLANS COMPLETED THREE MONTHS LATE. AGENCY GUIDANCE FOR FY84 INFORMATION COLLECTION BUDGET ISSUED SIX WEEKS BEHIND SCHEDULE DUE TO LATE RECEIPT OF OMB INSTRUCTIONS. ------- OFFICE OF POLICY AND RESOURCE MANAGEMENT MEETING PROGRAM COMMITMENTS ITEM STATUS FINAL SIP APPROVALS ON GENERIC TRADING RULES NONE PUBLISHED; THIRD QUARTER COMMITMENT CALLED FOR FOUR ADDITIONAL STATES. WATER REGULATORY REFORM STRATEGY THREE MONTHS BEHIND SCHEDULE DUE TO UNRESOLVED WATER QUALITY AND ENFORCMENT ISSUES. SCOPING STUDY FOR 1983 ECONOMICS OF CLEAN AIR AND CLEAN WATER REPORT TO CONGRESS SIX MONTHS BEHIND SCHEDULE. SUBMISSION TO CONGRESS OF 1981 COST OF CLEAN AIR AND CLEAN WATER REPORT COMPLETION OF REPORT THREE MONTHS BEHIND SCHEDULE DUE TO DELAYS IN RECEIVING PROGRAM OFFICE COMMENTS. ------- OFFICE OF RESEARCH AND DEVELOPMENT TABLE OF CONTENTS GOAL PAGE MEETING PROGRAM COMMITMENTS 94 ------- OFFICE OF RESEARCH AND DEVELOPMENT MEETING PROGRAM COMMITMENTS CLIENT PROGRAM ALL PROGRAMS ITEM TECHNICAL GUIDELINES FOR DATA QUALITY ASSURANCE. STATUS FINAL GUIDELINES ARE 1 YEAR BEHIND SCHEDULE. (DRAFTS WERE PUBLISHED 2ND QUARTER.) ORD PLANS TO ISSUE FINAL GUIDE- LINES NEXT FISCAL YEAR AFTER A SIX MONTH TRIAL PERIOD. ALL PROGRAMS ALL PROGRAMS OTS OANR MANAGEMENT PLAN FOR IDENTIFYING AGENCYWIDE QUALITY ASSURANCE PROGRAM. MONITORING REFERENCE MANUAL FOR EVALUATING SYNTHETIC FUEL FACILITIES. TECHNICAL GUIDELINES FOR FIELD TESTING OF AQUATIC FATE AND TRANSPORT MODELS. TECHNICAL PLAN FOR REGIONAL ACID DEPOSITION MODEL. ORD IS REEVALUATING THIS COMMITMENT. IMPLEMENTATION PLAN TO BE ISSUED 10 MONTHS BEHIND SCHEDULE. PROVIDED TO CENTER FOR ENVIRON- MENTAL RESEARCH INFORMATION ON SCHEDULE AGENCYWIDE DISTRIBUTION SCHEDULED FOR JULY 1983. ISSUED TO OTS ON SCHEDULE. COMPLETED TWO MONTHS AHEAD OF SCHEDULE. ------- OFFICE OF RESEARCH AND DEVELOPMENT MEETING PROGRAM COMMITMENTS CLIENT PROGRAM ITEM STATUS OANR OANR AIR QUALITY MODELS TO ASSIST IN PERMITTING ENERGY DEVELOPMENT FACILITIES. DRAFT LEAD AIR QUALITY CRITERIA DOCUMENT. PROVIDED TO REGION VIII ON SCHEDULE. FIVE MONTHS BEHIND ORIGINAL SCHEDULE DUE TO UNRESOLVED SCIENTIFIC ISSUES ASSOCIATED WITH HEALTH EFFECTS CHAPTERS. OANR OANR OW REPORT ON FIELD WORK USING PERSONAL MONITORS TO DETERMINE CO EXPOSURE. REPORT ON EVALUATION OF MICROPROCESSOR CONTROL DEVICE FOR VOC. REPORT ON CARCINOGENESIS OF CHLOROFORM ON DRINKING WATER, ISSUED TO REGION VIII ON SCHEDULE. PROVIDED TO OAQPS ON SCHEDULE, THREE MONTH DELAY DUE TO QUALITY CONTROL PROBLEMS WITH ANIMAL TEST DATA. OSWER INTERIM REPORT ON COMPLEX RESISTIVITY TESTS FOR TRACKING LEACHATES FROM HAZARDOUS WASTE SITES. PROVIDED TO OSW & REGION IX ON SCHEDULE. ------- OFFICE OF ENFORCEMENT COUNSEL TABLE OF CONTENTS GOAL PAGE ENFORCEMENT 98 ------- ENFORCEMENT PROCESSING OF LITIGATION ACTIONS O DURING THE THIRD QUARTER, 27 NEW CIVIL ACTIONS WERE REFERRED TO EPA HEADQUARTERS, BRINGING THE TOTAL NUMBER OF NEW REFERRALS FOR THE YEAR TO 88, WHICH EQUALS APPROXIMATELY THE NUMBER REFERRED IN THK FIRST THREE QUARTERS OF FY 82. o HOWEVER, THE CIVIL REFERRAL RATE HAS DECLINED OVER THE LAST THREE QUARTERS; CONSEQUENTLY, AT THE PRESENT RATE, THE TOTAL NUMBER OF FY 83 NEW REFERRALS WILL BE SIGNIFICANTLY LOWER THAN THE TOTAL NUMBER OF FY 82 NEW REFERRALS. o THIRTY-FOUR NEW CIVIL ACTIONS WERE REFERRED FROM EPA HEADQUARTERS TO DEPARTMENT OF JUSTICE FOR A TOTAL THIS YEAR OF 106 ACTIONS, EXCEEDING THE TOTAL FY 82 REFERRALS TO DOJ. O DURING THE THIRD QUARTER, 9 NEW CRIMINAL ACTIONS WERE REFERRED TO EPA HEADQUARTERS AND 6 OF THESE ACTIONS WERE REFERRED TO DOJ. ------- Ul o 0) 60 n 50- 40- 30- 20- 10- LITIGATION ACTIONS PROCESSED BY HQ Third Quarter March 31,1983 To June 30,1983 Legend CD CRIMINAL ACTIONS EZJ CIVIL ACTIONS o IZO ------- ENFORCEMENT STATUS OF CIVIL REFERRALS O EPA HEADQUARTERS IS PROCESSING CIVIL ACTIONS IN A TIMELY MATTER; MOST CASES ARE PENDING AT DOJ, U.S. ATTORNEYS, OR DISTRICT COURTS. O DURING THIS QUARTER, THE AVERAGE PROCESSING TIME BY EPA HEADQUARTERS FOR CIVIL ACTIONS REFERRED TO DEPARTMENT OF JUSTICE WAS 68 DAYS EXCEEDING ENFORCEMENT COUNSEL'S TARGET OF 90 DAYS. O 302 CIVIL ACTIONS WERE PENDING AT THE END OF THE THIRD QUARTER: - 55 PERCENT,HAVE BEEN FILED IN DISTRICT COURTS. - 35 PERCENT HAVE BEEN REFERRED TO DOJ/U.S. ATTORNEYS. - 10 PERCENT ARE PENDING REVIEW AT EPA HEADQUARTERS. O 108 CIVIL CASES WERE CLOSED DURING THE FIRST THREE QUARTERS OF FY 83. A LITTLE OVER ONE-THIRD OF THESE CASES WERE CLOSED BY DISMISSAL OR WITHDRAWAL. - 59 BY SETTLEMENT. - 2 BY COURT JUDGMENT. - 5 BY COURT DISMISSAL. - 8 WITHDRAWN BY REGION. - 34 DECLINED BY EPA HEADQUARTERS, DOJ OR U.S. ATTORNEY. ------- CIVIL ENFORCEMENT CASES Pending As Of June 30,1983 EPA-HQ No Pending: 30 Average Time Pending: 68 days § Ul (A o Deof of Justice / US Attv 70-i No Pending: 106 35- A W HW T/F Courts 70 -i No Ponding: 167 35- A W HW T/F ------- ENFORCEMENT OEC POLICY AND GUIDANCE ACTIVITIES ITEM PROPOSAL FOR CONSENT DECREE TRACKING SYSTEM ENFORCEMENT OF CONSENT DECREES AND OTHER COURT ORDERS ENFORCEMENT INDICATORS CIVIL PENALTY/SETTLEMENT POLICY SETTLEMENT PROCEDURES MODEL CONSENT DECREE TERMS COORDINATING FEDERAL AND STATE ENFORCEMENT ENFORCEMENT/COMPLIANCE GUIDANCE MANUALS (INCLUDING COMPENDIUM OF OPERABLE POLICIES) STATUS COMPLETION BY 10/83, COMPLETION BY 11/83 OFF SCHEDULE, BUT PROJECT BEING REDEFINED BY COMPLIANCE TASK FORCE. DRAFT COMPLETED ON SCHEDULE, FINAL BY 8/83. DRAFT COMPLETED ON SCHEDULE, BEING REDRAFTED FOR DOJ COMMENTS. DRAFT COMPLETED ON SCHEDULE, FINAL BY 8/83. DRAFT COMPLETED ON SCHEDULE, REDRAFT ON HOLD BECAUSE OF TASK FORCE. TIMETABLES REVISED DURING THIRD QUARTER EXTENDING SCHEDULED DATE FOR DELIVERABLES BY THREE MONTHS. MANUALS FOR EACH PROGRAM ON SCHEDULE WITH NEW TIMETABLES. ------- OFFICE OF FEDERAL ACTIVITIES TABLE OF CONTENTS GOAL PAGE PROGRAM COMMITMENTS 104 ------- MEETING PROGRAM COMMITMENTS §309 ENVIRONMENTAL ASSESSMENT REVIEWS o DURING THE THIRD QUARTER, 688 PROJECTS/ACTIONS WERE IDENTIFIED FOR §309 REVIEW. REVIEWS WERE COMPLETED FOR 486 PROJECTS/ACTIONS AND 96.0 PERCENT WERE REVIEWED ON TIME. o REGIONS I, II, III, IV, V AND VI COMPLETED 100 PERCENT OF THEIR §309 REVIEWS ON TIME. HEADQUARTERS AND REGION VIII LAGGED BEHIND THE OTHER REGIONS,WITH 81.8 AND 67.0 PERCENT OF THEIR REVIEWS COMPLETED ON TIME. o THE INSPECTOR GENERAL AUDIT OF APRIL 22, 1983 IDENTIFIED 22 REVIEWS THAT WERE NOT PROPERLY CLOSED OUT; EPA IN MOST CASES DID NOT SEND A COMMENT LETTER. BY THE END OF THIRD QUARTER, 15 OF THESE PROBLEM REVIEWS HAD BEEN RESOLVED AND THE REMAINING 7 ARE IN THE PROCESS OF BEING COMPLETED. ------- S UJ t/> o « 600-i 500- 400- 300- 200- 100- SECTION 309 REVIEWS Third Quarter March 31,1983 To June 30,1983 W//A 7A X ;O 96.0% OF 309 REVIEWS COMPLETED ON TIME ------- |