o
ll
100R85102
U.S. Environmental Protection Agency
Strategic
and Management System
Fourth Quarter FY 1985 Report
Office of J/anagemtnt Systems
and Evaluation
September 30. 1985
J
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r
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U.S. ENVIRONMENTAL PROTECTION AGENCY
Strategic Planning and
Management System
Fourth Quarter FY 1985 Report
PREFACE
This quarterly report reviews Agency progress in meeting its priority
program commitments. The report is a major component of the Agency
Strategic Planning and Management System (SPMS). SPMS provides a
process for the Agency to identify national goals and priorities,
issue timely guidance to the field, identify measures of success and
track progress against them. Each guarter the Office of Management
Systems and Evaluation publishes the report using information provided
by Headquarters, regional offices and state agencies. The Office of
Compliance Analysis and Program Operations is responsible for the
enforcement sections of this report.
We gratefully acknowledge the assistance and cooperation of the many
people throughout the environmental protection management network who
have made timely production of this report possible.
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TABLE OF .CONTENTS
OFFICE
OFFICE OF AIR AND RADIATION ' 1
OFFICE OF WATER .' 31
OFFICE OF SOLID WASTE
AND EMERGENCY RESPONSE 75
OFFICE OF PESTICIDES AND
TOXIC SUBSTANCES 99
OFFICE OF ENFORCEMENT
AND COMPLIANCE MONITORING 137
OFFICE OF RESEARCH
AND DEVELOPMENT 145
OFFICE OF ADMINISTRATION AND
RESOURCES MANAGEMENT 155
OFFICE OF POLICY, PLANNING
AND EVALUATION 167
OFFICE OF EXTERNAL
AFFAIRS 173
OFFICE OF GENERAL COUNSEL 185
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OFFICE OF AIR AND RADIATION
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' I
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OFFICE OF AIR AND RADIATION
FOURTH QUARTER HIGHLIGHTS
o REGIONS PROCESSED 96% OF THE FY 1985 SIPs ON TIME.
o REGIONS IMPROVED PERFORMANCE ON BOTH NSPS/NESHAPS DELEGATION AND NAMS/
SLAM REPORTING DURING FY 1985.
O AN INCREASING SIP BACKLOG IS OCCURING IN HQ DUE LARGELY TO THE NUMBER
' OF UNRESOLVED PROGRAM AND POLICY ISSUES.
o OAR COMPLETED A LARGE NUMBER OF ATS (24) ITEMS IN FY 1985, INCLUDING
MANY LISTING DECISIONS (11, WITH 6 MORE IN OCTOBER).
o INSPECTION FREQUENCY RATES HAVE CONTINUED TO DECLINE.
O THE REGIONS COLLECTIVELY MET THEIR END OF YEAR TARGET FOR ADDRESSING
SIGNFICANT VIOLATORS.
o ADMINISTRATIVE ENFORCEMENT ACTIVITY REMAINED STRONG IN THE FOURTH
QUARTER. THE PROGRAM SHOWED A CONSISTENTLY HIGH LEVEL OF ACTIVITY
FOR THE YEAR.
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SIP DEVELOPMENT
IN FY 1985 SPMS IS TRACKING THE DEVELOPMENT AND IMPLEMENTATION FOR
3 CATEGORIES OF SIP ACTIVITY: THE STATUS WITHIN EACH CATEGORY FOLLOWS
THE OUTLINE BELOW.
o POST-1982 NONATTAINMENT SIPs
- AREAS WITHOUT APPROVED PART D SIPs
- AREAS WITH APPROVED BUT INADEQUATE SIPs
- AREAS WITH OUTSTANDING CONDITIONS
O EXTENSION AREA SIPs (SIP COMMITMENT FOR 1987 03/CO AREAS)
O LEAD SIPs (COMMITMENTS BASED ON NRDC NEGOTIATED SETTLEMENT)
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o POST-1982 NONATTAINMENT SIPs
- AREAS WITHOUT APPROVED PART D SIPs. THERE ARE SIX AREAS WHICH HAVE
NEVER SUBMITTED AN APPROVED SIP. FIVE OF THE SIX PROPOSALS WERE
SUBMITTED DURING THE SECOND QUARTER ON SCHEDULE. ONE SIP SUBMITTAL
HAS BEEN ON HOLD PENDING THE TALL STACKS POLICY. FOR THE FIVE SIP's
SUBMITTED, ONE WAS PROPOSED DURING THE THIRD QUARTER AND FOUR
ARE IN VARIOUS STAGES OF SIP REVIEW.
- AREAS WITH APPROVED BUT INADEQUATE SIPs. OAR IS REPORTING ON 21
AREAS IDENTIFIED DURING THE FEBRUARY 1984 SIP CALL. AS OF THE END
OF THE FOURTH QUARTER:
7 DRAFT PLANS HAVE BEEN SUBMITTED.
8 FINAL PLANS HAVE BEEN SUBMITTED.
3 PLANS ARE ON HOLD FOR ADDITIONAL MONITORING DATA UNTIL THE
1ST QUARTER FY 1986.
-- 3 PLANS HAVE NOT BEEN SUBMITTED (EXTENSIONS WERE GIVEN UNTIL
FOURTH QUARTER), BUT ARE EXPECTED DURING FIRST QUARTER FY 1986.
- AREAS WITH OUTSTANDING CONDITIONS. OAR IS REPORTING ON THE
STATUS OF 12 PLANS. THESE ORIGINALLY HAD A FINAL DUE DATE OF
MAY 31, 1984. OAQPS PHILOSOPHY HAS BEEN TO CONTINUE TRACKING
THESE PLANS WITHOUT FURTHER ESCALATION IF GOOD FAITH EFFORTS WERE
CONTINUING. DURING THE THIRD QUARTER ONE PLAN WAS RESOLVED? THE
SIP WAS PUBLISHED ON 5/01/85 FOR VOC RACT FOR MICHIGAN. IN
ADDITION, FOUR PLANS ARE IN SIP REVIEW PROCESSING WHILE SEVEN
ISSUES REMAIN UNRESOLVED. THERE WAS NO STATUS CHANGE DURING THE
FOURTH QUARTER.
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EXTENSION AREA SIPs
- OAR HAD 5 COMMITMENTS DUE FROM STATES IN FY 1985. ONE (WAS DUE IN
THE THIRD QUARTER AND THE OTHER FOUR IN THE FOURTH QUARTER. ONE
STATE (MO) MADE ITS SUBMITTAL ON TIME AND THREE STATE SUBMITTALS
ARE IN VARIOUS STAGES OF PREPARATION. REGARDING [THE OTHER PLAN
REGION I IS WITHHOLDING $30,000 IN GRANT MONEY FROM CONNECTICUT
FOR NOT COMPLETING 11 RACT DETERMINATIONS FOR NONnCTG SOURCES
WHICH WERE DUE IN THIRD QUARTER.
LEAD SIPs
- THERE WERE ORIGINALLY 35 LEAD SIP ACTIONS REQUIRED AS A RESULT OF
THE THE NRDC SUIT. 27 OF THOSE ACTIONS HAVE BEEN COMPLETED
INCLUDING 5 IN THE FOURTH QUARTER.
- 8 ACTIONS REMAIN OPEN AND HAVE THE FOLLOWING STATUS:
2 HAVE NOT HAD COMMITMENT SCHEDULES NEGOTIATED WITH NRDC.
6 ARE BEHIND SCHEDULE.
IN THE THIRD QUARTER OAR REPORTED THAT NRDC WAS SATISFIED WITH
EPA EFFORTS. NRDC IS NOW INDICATING A DESIRE TO MOVE AHEAD AND
HAS ASKED EPA TO SUBMIT SCHEDULES FOR PROPOSING AND ADOPTING A
PIP FOR EACH AREA. THESE ACTIONS INVOLVE DIFFICULT ISSUES
RELATING TO PLANT CLOSURES, AMBIENT AIR CONSIDERATIONS AND
ECONOMIC FEASIBILITY.
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PERCENT OF SIP ACTIONS PROCESSED (REGIONS)
o DURING THE FOURTH QUARTER 187 SIP ACTIONS WERE DUE TO BE PROCESSED
IN THE REGIONS.
o REGIONS PROCESSED 98% OF THESE ACTIONS ON TIME. SIX REGIONS
PROCESSED ALL THEIR SIPS ON TIME. REGION V PROCESSED 102 OF 103
ACTIONS ON TIME.
o REGIONAL PERFORMANCE ON SIPs HAS BEEN OUTSTANDING ALL YEAR WITH
ONLY TWO REGIONS BELOW A 90% RATE FOR THE YEAR.
o THE REGIONAL PROCESSING RATES HAVE BEEN 93%, 95%, 96% AND 98%
FOR THE FOUR QUARTERS RESPECTIVELY.
- REGIONS I, III, VI AND IX PROCESSED ALL FY 1985 SIPs ON TIME.
- REGION V PROCESSED 96% OF THEIR 365 ACTIONS ON TIME.
- THE SIP WORKLOAD OF INDIVIDUAL REGIONS HAS VARIED GREATLY, RANGING
FROM 1 TO 57% OF THE WORKLOAD.
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PERCENT OF SIP ACTIONS PROCESSED ON TIME (REGIONS)
As Of September 30, 1985
100
LEGEND
H CURRENT QUARTER
CUMULATIVE
III IV
CURRENT QUARTER
# OF SIP ACTIONS 0 3
I OVERDUE 0 1
CUMULATIVE
g # OF SIP ACTIONS 6 11
^> # OVERDUE 0 2
14
0
52
0
15
0
V VI VII VIII
REGIONS
103 9 9 11
(Oil
46 365 21 41 25
1 U 0 1 4
IX
10
0
51
0
6
0
20
2
TOTALS
180
4
638
24
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PERCENT OF SIP ACTIONS PROCESSED ON TIME (HQ)
o HO WAS RESPONSIBLE FOR 100 SIP ACTIONS IN THE FOURTH QUARTER. THE
TOTAL INCLUDES 60 NEWLY DUE ACTIONS AND 40 DUE FROM THE PREVIOUS
QUARTER.
O PROCESSING RATES FOR NEWLY DUE ACTIONS (EXCLUDING ACTIONS ON HOLD
AND THOSE RETURNED TO THE REGIONS) WAS 85% AND FOR CARRYOVER ACTIONS
WAS 26%. THE COMBINED RATE WAS 70%.
o OF THE 100 ACTIONS IN THE SYSTEM DURING THE QUARTER 48 WERE NOT
PROCESSED. ACTIONS NOT PROCESSED INCLUDE 2 RETURNED TO THE REGIONS,
22 OVERDUE AND 24 ON POLICY HOLD.
o OVERALL, PERFORMANCE FELL SLIGHTLY FROM THE SECOND AND THIRD QUARTER
RATES.
- THE 24 ACTIONS ON POLICY HOLD ARE FOR STACK HEIGHTS (4), NRDC
SUIT (4) AND EMISSIONS TRADING (16).
- SIX OF THE OVERDUE ACTIONS DEAL WITH "BLOCK VERSUS RUNNING" ISSUES
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PERCENT OF SIP ACTIONS PROCESSED ON TIME (HQ)
As Of September 30, 1985
100
75-
O 50-
25-
| OF NEWLY DUE 80
| OF CARRYOVER 9
2 3
QUARTERS
73
10
67
16
55
19
ON HOLD
24.0%
RETURNED
TO REGION
2.0%
LATE
22.0%
PROCESSED __
52.0%
STATUS OF SIP ACTIONS
FOR HQ (#100)
m
LEGEND
£JNCWLr DUE
o
BAR GRAPH DATA EXCLUDES "ON HOLD" A "RETURNED TO REGION" CATEGORIES
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DELEGATION OF NSPS AND NESHAPS
o NATIONAL DELEGATION RATES FOR NSPS AND NESHAPs IMPROVED DURING THE
SECOND HALF OF FY 1985 FROM 92 TO 94% FOR NSPS AND FROM 94 TO 95%
FOR NESHAPs.
o REGIONAL RATES FOR REGIONS III, IV, AND VIII IMPROVED DURING THE
PERIOD WITH REGIONS VIII AND IV SHOWING THE MOST IMPROVEMENT WITH
ADDITIONAL DELEGATIONS EXCEEDING THE NUMBER OF NEW STANDARDS
APPLICABLE.
O REGIONS V, VI AND IX CONTINUE TO HAVE 100% DELEGATION. STATES IN
REGIONS V AND VI HAVE AUTOMATIC DELEGATION PROVISIONS.
o REGION VII RATES OF 73% AND 71% ARE SIGNIFICANTLY BEHIND OTHER
REGIONS LARGELY DUE TO THE LACK OF ANY DELEGATION TO KANSAS (0 OF 32
IN NSPS; 0 OF 11 IN NESHAPs). EXCLUDING KANSAS, REGION VII HAS RATES
OF 88 AND 94%.
- OTHER STATES WITH NOTABLY LOW RATES ARE THE VIRGIN ISLANDS (BELOW
50% FOR BOTH CATEGORIES; TENNESSEE: NSPS RATE 63%; DELAWARE: NSPS
RATE 73% AND WYOMING WITH 0 OF 5 DELEGATIONS FOR NESHAPs)
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DELEGATION STATUS OF NSPS AND NESHAPS
As Of September 30, 1985
100
m
CO
O
Q
O
LJ
LJ
Q
LJ
O
o:
LJ
Q_
GOAL
IV
V
VI VII
REGIONS
VIII IX
NATIONAL
LEGEND
0NSPS(
| NESHAPS
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FUEL SWITCHING/ANTI-TAMPERING PROGRAMS
o THREE REGIONS ADDED NEW PROGRAMS IN FY 1985. REGION X EXCEEDED
ITS FY 1985 COMMITMENT FOR ONE NEW PROGRAM BY TWO WITH A TOTAL OF
THREE NEW PROGRAMS. REGION IX MISSED ITS TARGET OF TWO NEW PROGRAMS
BY ONE BUT LEADS ALL REGIONS WITH A CUMULATIVE TOTAL OF SIX PROGRAMS.
REGION VI INITIATED THE OTHER NEW PROGRAM.
o FOUR FY 85 COMMITMENTS WERE NOT MET:
- FOR D.C.: NEW ATP WAS DELAYED AS REGION WORKED TO CORRECT EXISTING
SERIOUS PROBLEMS IN I/M PROGRAM IDENTIFIED DURING AUDIT. THE PRO-
GRAM IS NOW TARGETED FOR FY 1986.
- FOR VIRGINIA: STATE REFUSED TO IMPLEMENT DESIGN FEATURES EPA
DEEMED NECESSARY FOR EFFECTIVE ADMINISTRATION OF ITS EXISTING
TAMPERING INSPECTION PROGRAM.
- FOR UTAH: STATE COULD NOT IMPLEMENT PROGRAM UNTIL REQUIRED BY EPA.
SUBSEQUENT SIP CALL IN DECEMBER 1984 IS TARGETED TO RESULT IN UTAH
PROGRAM BEING ESTABLISED BY FOURTH QUARTER FY 1986.
- BAKERS FIELD, CA.: MINOR OBSTACLES DELAYED PROGRAM START DATE NOW
SCHEDULED FOR SECOND QUARTER FY 1986.
o OAR HAS IDENTIFIED NINE NEW POTENTIAL PROGRAMS AS A RESULT OF STATE
SCHEDULES FOR SIP REVISIONS IN SIP CALL AREAS. THEY PROJECT TARGET
START DATES RANGING FROM DECEMBER 1985 TO JANUARY 1987.
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FUEL SWITCHING/ANTI-TAMPERING
FY 1985 STATUS OF PROGRAMS
REGION
I
II
III
IV
V
VI
VII
VIII
IX
X
TOTAL
FY 85
START #
1
1
1
1
0
1
1
2
5
1
14
FY
4th
DUE
0
0
2
0
0
1
0
1
1
1
6
85 SPMS
QUARTER
ACTUAL
0
0
0
0
0
1
0
0
0
2
3
COMMITMENTS
TOTAL FY 85
DUE ACTUAL
0
0
2
0
0
1
0
1
2
1
7
0
0
0
0
0
1
0
0
1
3
5
END OF
YEAR TOTAL
1
1
1
1
0
2
1
2
6
4
19
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TIMELY REPORTING OF NAMS DATA
o NATIONALLY, "TIMELY REPORTING" RATES IMPROVED DURING THE YEAR
CULMINATING IN THE FOURTH QUARTER AT THE HIGHEST RATES EVER REPORTED,
O FOR THE FOURTH QUARTER, REGION VIII WAS THE BEST PERFORMER FOLLOWED
CLOSELY BY REGIONS III AND I RESPECTIVELY.
o FOR THE YEAR, SEVERAL REGIONS HAD NOTABLE PERFORMANCES. OVERALL
REGIONS I AND III REPORTED THE BEST RATES. REGION VIII MOVED
FROM THE LOWEST RATES IN THE FIRST QUARTER TO THE BEST IN THE
FOURTH QUARTER (AVERAGE IMPROVEMENT IN RATES FROM 57% TO 95%).
REGION V AND IX ALSO IMPROVED DRAMATICALLY.
o NATIONALLY, RATES IMPROVED FROM THE FIRST QUARTER (81%, 76%, 95%)
TO (89%, 87%, 95%) IN THE FOURTH QUARTER FOR THE THREE REPORTING
CATEGORIES.
SLAMS REPORTING
o REGIONS I THRU VI REPORTED 100% TIMELY SLAMS REPORTING. OVERALL,
THE RATES FOR TIMELY SLAMS REPORTS WAS 93%.
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PERCENT OF NAMS DATA REPORTED
As Of September 30, 1985
100
75-
UJ
O 50
Or:
UJ
25-
-GOAL
IV
VI VII
REGIONS
IX
NATIONAL
AVERAGES
to
2
O
LEGEND
NAMS DATA FROM CONTINUOUS ANALYZERS
NAMS DATA FROM 24 HOUR INTEGRATED SAMPLERS
P & A REPORTING ORGANIZATIONS
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NATIONAL AIR AUDIT SYSTEM
DRAFTS FOR THREE OF THE FIVE CHAPTERS OF THE FY 1985 NATIONAL REPORT WERE
COMPLETED BY THE END OF THE FOURTH QUARTER. DRAFTS OF THE REMAINING TWO
CHAPTERS WILL BE COMPLETED DURING THE FIRST QUARTER, FY 1986.
PMm IMPLEMENTATION
THE FOURTH QUARTER COMMITMENT TO DISSEMINATE PM^Q IMPLEMENTATION
GUIDANCE AND HOLD REGIONAL WORKSHOPS WAS NOT MET DUE TO THE DELAY IN
PROMULGATING THE PM10 AIR QUALITY STANDARD. COMPLETION OF THIS ACTIVITY
IS NOW SCHEDULED FOR THE FOURTH QUARTER OF FY 1986.
ACTION TRACKING SYSTEM COMPLETIONS
o THE FOLLOWING ITEMS WERE COMPLETED DURING THE FOURTH QUARTER:
- NON-METALIC MINERAL (NSPS)
- DISPOSAL OF HIGH LEVEL RADIOACTIVE WASTE
- CARBON MONOXIDE NAAQS
- STACK HEIGHTS RULEMAKING
- CARBON TETRACHLORIDE LISTING DECISION
- MANGANESE LISTING DECISION
- VINYLIDENE LISTING DECISION
- CHLOROBENZENES LISTING DECISION
- CHLOROFORM INTENT TO LIST
- CHLOROPRENE LISTING DECISION
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AIR COMPLIANCE INSPECTIONS AND COMPLIANCE RATES
O INSPECTION FREQUENCY RATES FOR CLASS Al SIPS, NOW AT 87%, CONTINUED
TO DECLINE. THIS IS PART OF A DOWNWARD TREND WHICH BEGAN IN THE
FOURTH QUARTER FY 1984 WHEN THE RATE WAS 90%.
- PERFORMANCE BY REGIONS III, IV AND V CONTINUED IN THEIR DECLINE.
THEY ARE NOW AT THE 84%, 86%, and 73% LEVELS RESPECTIVELY, COMPARED
TO THE NATIONAL TARGET OF 95%.
O INSPECTION FREQUENCY RATES FOR NSPS AND NESHAP HAVE ALSO DECLINED
AND ARE NOW AT 92% AND 89%.
- REGION II AND REGION III SHOWED A SIGNIFICANT DECREASE IN NSPS
INSPECTION RATES AND ARE NOW AT 80% AND 64% RESPECTIVELY.
- REGION I AND REGION II SHOWED A SIGNIFICANT DECREASE IN NESHAP
INSPECTION RATES AND ARE NOW AT 65% AND 67% COMPARED TO A NATIONAL
TARGET OF 97%.
o COMPLIANCE RATES FOR CLASS Al SIPS AND NSPS REMAIN STEADY AT 90%
WHERE COMPLIANCE RATES FOR NESHAP HAVE DECLINED FROM 90% to 87%.
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AIR COMPLJANCE INSPECTIONS AND COMPLIANCE LEVELS
As Of September 30,1985
INSPECTIONS LEVELS FOR
CLASS A1 SIP. NSPS, A NESHAP
O 50
COMPLIANCE STATUS OF
CLASS A1 SIP. NSPS. ft NESHAP
Legend
£
1 2 3
QUARTERS
Legend
I CLASS A1 SIP
C2 NSPS
ID NESHAP
SIGNIFICANT NONCOMPUANCE
CM OTHER NON COMPLIANCE
tZJ UNKNOWN STATUS
CD IN COMPLIANCE
REPORTED COMPLIANCE LEVELS
CLASS A1 SIP MX
NSPS 90X
NESHAP B7X
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PROGRESS_ I_N_ RETURN ING AIR VIOLATORS TO COMPLIANCE
o THE REGIONS COLLECTIVELY MET THEIR END OF YEAR TARGET FOR ADDRESSING
SIGNIFICANT VIOLATORS. THE FOURTH QUARTER CUMULATIVE TARGET WAS 390
WHERE THE ACTUAL NUMBER ADDRESSED WAS 391. REGIONAL PERFORMANCE,
HOWEVER, WAS MIXED:
- REGION V ACCOMPLISHED 110% OF THEIR TARGET, WHERE REGIONS IV AND IX
ACCOMPLISHED 84% OF THEIR TARGETS.
o IN THE FOURTH QUARTER FY85, 191 NEW, SIGNIFICANT VIOLATORS WERE
IDENTIFIED. THE NUMBER OF SIGNIFICANT VIOLATORS RETURNED TO
COMPLIANCE DURING THE QUARTER WAS 57, AND 32 WERE PLACED ON ACCEPTABLE
COMPLIANCE SCHEDULES.
- FOUR REGIONS, III, IV, V, AND X WERE RESPONSIBLE FOR 74%
OF THE NEW SIGNIFICANT VIOLATORS IDENTIFIED IN THE FOURTH
QUARTER. OF PARTICULAR NOTE ARE THE 40 NEW SIGNIFICANT
VIOLATORS IDENTIFIED BY REGION IX.
o DURING FY85, 569 NEWLY IDENTIFIED SIGNIFICANT VIOLATORS WERE IDENTIFIED.
OUT OF THIS UNIVERSE, 187 WERE RETURNED TO COMPLIANCE, AND 95 WERE
PLACED ON ACCEPTABLE COMPLIANCE SCHEDULES. THIS COMPARES FAVORABLY TO
420 NEWLY IDENTIFIED SIGNIFICANT VIOLATORS IN FY84, 126 OF WHICH
WERE RETURNED TO COMPLIANCE, AND 51 OF WHICH WERE PLACED ON ACCEPTABLE
COMPLIANCE SCHEDULES.
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PROGRESS IN RETURNING SIGNIFICANT AIR VIOLATORS TO COMPLIANCE
As Of September 30, 1985
I
i
REDUCTION OF RXED BASE
PENDING AS OF OCTOBER 1, 1984
RESPONSE TO NEW VIOLATIONS
(DYNAMIC BASE)
BOY
1234
QUARTERS
Legend
CD IN COMPLIANCE
PHI ON ACCOTABLC SCMCDULE3
cn CNFxxtCEMorr ACTION
i KNDINO
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AIR ENFORCEMENT ACTIVITY
o THE REGIONS' ADMINISTRATIVE ENFORCEMENT ACTIVITY REMAINS STRONG. IN
THE FOURTH QUARTER, THE REGIONS ISSUED 36 ADMINISTRATIVE ORDERS.
THE CUMULATIVE TOTAL OF 122 FOR THE YEAR SHOWS A CONSISTENTLY HIGH
LEVEL OF ACTIVITY OVER THE YEAR AND COMPARES FAVORABLY TO THE 116
ADMINISTRATIVE ORDERS ISSUED IN FY 1984.
o IN THE FOURTH QUARTER, THE REGIONS REFERRED 31 CIVIL CASES FOR A
YEAR END TOTAL OF 84. IN COMPARISON, LAST YEAR THE REGIONS REFERRED
79 CASES.
o STATE ENFORCEMENT ACTIVITY ROSE TO A YEARLY HIGH OF 156 ADMINISTRATIVE
ACTIONS IN THE FOURTH QUARTER FOR A TOTAL OF 447 THIS YEAR. FORTY-NINE
STATE CIVIL REFERRALS WERE REPORTED IN THE FOURTH QUARTER.
(NOTE: STATE DATA IS LAGGED ONE QUARTER.)
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AIR ENFORCEMENT ACTIVITY
As Of September 30, 1985
ADMINISTRATIVE ORDERS
CIVIL REFERRALS
85
m
3E
ID
Z
200-i
175-
150
125-
100-
73-
100-
75
fi
l.lll Illll
04 1 2 3 4
I
2
FY-84
04 1 2 3 4
QUARTERS
FY-84
Legend
CD STATES
« EPA
QUARTERS
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AIR - FEDERAL FACILITY COMPLIANCE
O THE INSPECTION FREQUENCY RATE FOR FEDERAL FACILITIES WAS 82% FOR THE
FOURTH QUARTER. OF THE 6 REGIONS WHOSE FEDERAL FACILITY INSPECTIONS
DECLINED IN THE THIRD QUARTER, REGIONS I, II, IV AND V CONTINUED TO
DECLINE SIGNIFICANTLY IN THE FOURTH QUARTER.
- REGION X CONTINUED TO SHOW MARKED IMPROVEMENTS AND IS NOW AT THE
100% LEVEL.
o FEDERAL FACILITY NSPS AND CLASS Al SIP SOURCES ARE SHOWING STEADY
COMPLIANCE RATES, 100% AND 92% RESPECTIVELY. NESHAP SOURCE COMPLIANCE
HAS DROPPED TO 77%. OF THE 13 SOURCES NATIONALLY, 3 ARE IN VIOLATION.
o THE REGIONS IDENTIFIED 8 FEDERAL FACILITIES AS SIGNIFICANT VIOLATORS
AT THE BEGINNING OF THE YEAR. THE REGIONS HAVE ADDRESSED 6 OF THEM.
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AIR - FEDERAL FACILITY COMPLIANCE
As Of September 30,1985
Inspection Frequency
Compliance Rates
Significant Violators
lOO-i
§
£
1234
QUARTERS
100-
8 75-
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1234
QUARTERS
TARGCT
BOY 1 2 3 4
QUARTERS
»
s
Legend
CUSS A SIP. NSPS. NESHAP
Legend
i CLASS A SIP
CD NSPS
CD NtSHAP
Legend
CH ADDRESSED
PCNOINO
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ASRESTOS DEMOLITION AND RENOVATION
o DURING THE FOURTH QUARTER THE ASBESTOS DEMOLITION AND RENOVATION
PROGRAM MAINTAINED HIGH LEVELS OF ACTIVITY.
- EPA AND THE STATES RECEIVED 6,776 NOTIFICATIONS OF DEMOLITION
(6,796 IN THE THIRD QUARTER).
- THE REGIONS AND STATES CONDUCTED 3,434 INSPECTIONS DURING THE
FOURTH QUARTER. THIS IS A 63% INCREASE OVER THE THIRD QUARTER.
- OUT OF THE TOTAL NUMBER OF INSPECTIONS CONDUCTED 242 VIOLATIONS
WERE FOUND.
o EPA ISSUED 5 ADMINISTRATIVE ORDERS AND 12 CIVIL ACTIONS IN THE FOURTH
QUARTER. A TOTAL OF 43 ADMINISTRATIVE ACTIONS WERE REPORTED FOR THE
YEAR AND 32 CIVIL REFERRALS WERE MADE.
O THE STATES ISSUED 25 ADMINISTRATIVE ORDERS AND REFERRED 2 CIVIL
ACTIONS. A TOTAL OF 71 ADMINISTRATIVE ACTIONS WERE REPORTED FOR THE
YEAR AND 17 CIVIL REFERRALS WERE MADE.
-28-
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ASBESTOS DEMOLITION AND RENOVATION ACTIVITY
As Of September 30, 1985
TOOO-i
000-
5000
4000-
5OOO-
2000-
1000-
2
5
NUMBER
OF
NOTIFICATIONS
NU
OF
INSPECTIONS
V777S///A
NUMBER
OF
VIOLATIONS
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OFFICE OF WATER
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OFFICE OF WATER
END-OF-YEAR HIGHLIGHTS
o THE DELEGATED STATES ARE ESSENTIALLY ON SCHEDULE FOR APPROVING
PRETREATMENT PROGRAMS. EPA, HOWEVER, REMAINS SIGNIFICANTLY BEHIND.
o WHILE THE STATES ARE BEHIND SCHEDULE FOR REPERMITTING, THEY ARE
SIGNIFICANTLY AHEAD OF WHERE THEY WERE AT THIS TIME LAST YEAR.
EPA'S END-OF-YEAR PERFORMANCE IN REPERMITTING INDUSTRIAL AND
MUNICIPAL FACILITIES WAS AHEAD OF SCHEDULE.
o THE 301(h) PROGRAM IS ESSENTIALLY ON TARGET.
o THE CONSTRUCTION GRANTS, MUNICIPAL POLICY AND DIOXIN STUDY
IMPLEMENTATION PROGRAMS ARE WELL AHEAD OP SCHEDULE.
o WITH THE EXCEPTION OF PERMITTING, THE UIC PROGRAM IS WELL AHEAD OF
SCHEDULE.
o NPDES ENFORCEMENT PERFORMANCE WAS GOOD. COMPLIANCE RATES INCREASED
FOR MAJOR MUNICIPALS. ADMINISTRATIVE ORDERS ARE COMPARABLE TO LAST
YEAR WHILE REFERRALS EXCEEDED LAST YEAR'S TOTALS. THE EXCEPTIONS
REPORT HAS BEEN VERY SUCCESSFUL WITH FEW FACILITIES (1% OR 2% OF
EACH MAJOR SOURCE CATEGORY) BEING IDENTIFIED IN SNC FOR TWO
CONSECUTIVE QUARTERS.
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INDUSTRIAL NPDES REPERMITTING BY EPA
o OW COMMITTED TO REISSUING 172 MAJOR INDUSTRIAL PERMITS BY THE END OF
FY 1985.
o NATIONALLY, EPA HAS REISSUED 210 PERMITS, ACHIEVING 122% OF ITS END-
OF-YEAR TARGET. WITH THE EXCEPTION OF REGION I, ALL REGIONS MET
THEIR TARGETS.
INDUSTRIAL NPDES REPERMITTING BY THE DELEGATED STATES
O THE DELEGATED STATES COMMITTED TO REISSUING 867 MAJOR INDUSTRIAL
PERMITS BY THE END OF FY 1985.
O NATIONALLY, THE STATES HAVE REISSUED 771 PERMITS, ACHIEVING 89% OF
THEIR END-OF-YEAR TARGET. THEY WERE SIGNIFICANTLY AHEAD OF WHERE
THEY WERE AT THE END OF LAST YEAR WHEN THEY REISSUED 527 PERMITS.
- THE STATES IN REGIONS III, VII, VIII, AND IX EXCEEDED THEIR
REGIONAL TARGETS.
- THE STATES IN REGION I ESSENTIALLY MET THEIR TARGET.
- THE STATES IN REGIONS II, IV, V AND X MISSED THEIR REGIONAL
TARGETS.
-------
on
LJ
a.
u_
o
85
m
210 -i
180-
150-
120-
90-
60-
30-
m
oo
O
INDUSTRIAL NPDES REPERMITTING
As Of September 30, 1985
EPA
1 2
QUARTERS
NUMBER WHICH HAVE EXPIRED
OR WILL EXPIRE BV:
EOV 84 251
EOY BS 284
900-i
800
.700
600-
500-
400-
300
200
100
i 0
{
LEGEND
JARGET
ACTUAL
STATES
1 2 3
QUARTERS
1050
1186
-35-
-------
MUNICIPAL NPDES REPERMITTING BY EPA
o OW COMMITTED TO REISSUING 253 MAJOR MUNICIPAL PERMITS BY THE END
OF FY 1985.
o NATIONALLY, EPA HAS REISSUED 278 PERMITS, ACHIEVING 109% OF ITS
END-OF-YEAR TARGET.
- REGIONS I, II, IV, VI, VIII, IX AND X EXCEEDED THEIR TARGETS.
- REGIONS III MISSED ITS TARGET.
MUNICIPAL NPDES REPERMITTING BY THE DELEGATED STATES
o THE DELEGATED STATES COMMITTED TO REISSUING 932 MAJOR MUNICIPAL
PERMITS BY THE END OF FY 1985.
o NATIONALLY, THE STATES HAVE REISSUED 834 PERMITS, ACHIEVING 89% OF
THEIR END-OF-YEAR TARGET. THEY WERE SIGNIFICANTLY AHEAD OF WHERE
THEY WERE AT THE END OF LAST YEAR WHEN THEY REISSUED 465 PERMITS.
- THE STATES IN REGIONS III, IV, VIII, IX AND X EXCEEDED THEIR
TARGETS.
- THE STATES IN REGIONS V AND VII ESSENTIALLY MET THEIR TARGETS.
- THE STATES IN REGIONS I AND II MISSED THEIR REGIONAL TARGETS.
-36-
-------
MUNICIPAL NPDES REPERMITTING
As Of September 30, 1985
EPA
STATES
300-i
m
UJ
1 2 3
QUARTERS
NUMBER WHICH HAVE EXPIRED
OR WILL EXPIRE BY:
<£J EOY 84
O EOY 85
227
365
1000 -i
800-
600-
400-
200-
LEGEND
TARGET
ACTUAL
2 3
QUARTERS
718
1144
i
4
-------
MUNICIPAL PRETREATMENT
o AT THE START OF FY 1985, OW IDENTIFIED 762 MUNICIPALITIES NEEDING
APPROVED PRETREATMENT PROGRAMS. DURING THE YEAR, 80 OF THOSE
MUNICIPALITIES WERE FOUND NOT TO NEED PROGRAM APPROVALS.
O OF THE REMAINING 683 MUNICIPALITIES, EPA AND THE DELEGATED STATES
APPROVED OR REFERRED 83% OF THE PRETREATMENT PROGRAMS.
EPA
O NATIONALLY, EPA HAS APPROVED 202 PROGRAMS AND REFERRED 20, ACHIEVING
77% OF ITS END-OF-YEAR TARGET. AT THE END OF FY 1985, 85 PROGRAMS
REQUIRING APPROVAL REMAIN.
- REGIONS IX AND X MET THEIR TARGETS.
- REGIONS II AND VI ESSENTIALLY MET THEIR TARGETS.
- ALL OTHER REGIONS EXCEPT IV AND VII (WHICH DO NOT HAVE ANY FACILI-
TIES NEEDING APPROVED PROGRAMS) MISSED THEIR TARGETS.
DELEGATED STATES
O NATIONALLY, THE STATES HAVE APPROVED 331 PROGRAMS AND REFERRED 14,
ACHIEVING 92% OF THEIR END-OF-YEAR TARGET. AT THE END OF FY 1985,
31 PROGRAMS REQUIRING APPROVAL REMAIN.
- THE STATES IN REGIONS IV AND VII MET THEIR REGIONAL TARGETS.
- THE STATES IN REGIONS I, II, III AND V MISSED THEIR TARGETS.
_ ~> o
-------
MUNICIPAL PRETREATMENT
PROGRAM APPROVALS
As Of September 30, 1985
EPA STATES
300-1
250-
_J
> 200-
o
a:
8:
ui 15°"
O
e
^ 100-
ID
z
50-
400-
350 -
%/
9 300 -
' /
/ 25° "
/ 200 -
%.»* f
S^ 150 -
^/r
/ **
/ / 100-
* s
r^ m n J
^ j 1 j ^ (j^
1234
/
/'
jf
>/
//
'
X'
1 1 1 1 1
1234
QUARTERS QUARTERS
LEGEND
^ ACTUAL
~ PROGRAM APPROVALS 202 331
O PROGRAM REFERRALS 20 U
-------
MUNICIPAL POLICY IMPLEMENTATION
o THE INTERIM GOAL OF THE MUNICIPAL POLICY IS TO PLACE ALL NONCOMPLYING
MUNICIPAL FACILITIES ON ENFORCEABLE SCHEDULES BY THE END OF FY 1985.
o OW AND THE STATES COMMITTED TO INCORPORATING 898 MUNICIPAL COMPLIANCE
PLANS (MCPs) AND/OR COMPOSITE CORRECTION PLANS (CCPs) INTO ENFORCEABLE
SCHEDULES IN FY 1985.
o NATIONALLY, OW HAS INCORPORATED 1312 PLANS INTO ENFORCEABLE SCHEDULES,
ACHIEVING 146% OF THE END-OF-YEAR TARGET FOR EPA AND THE STATES:
- 1105 WERE MCPs REQUIRING CONSTRUCTION.
- 207 WERE CCPs REQUIRING O&M CORRECTIONS.
-------
un
o
Lu
00
2
o
14GO-]
MUNICIPAL POLICY IMPLEMENTATION
As Of September 30, 1985
QUARTERS
LEGEND
TARtn
ACTUAL
-------
301(h) OCEAN DISCHARGE PERMITS
o 158 OF THE ORIGINAL 208 301(h) APPLICATIONS WERE PENDING AT THE
BEGINNING OF FY 1985.
o 90 APPLICATIONS REMAIN AT THE CLOSE OF THE FISCAL YEAR AFTER:
- 17 APPLICATIONS WERE WITHDRAWN AND
- 51 FINAL DETERMINATIONS WERE MADE.
O NATIONALLY, EPA HAS MADE 51 FINAL DETERMINATIONS (30 DENIALS AND 21
APPROVALS) THROUGH THE FOURTH QUARTER AGAINST A TARGET OF 53.
- REGIONS II, IV, AND IX MET OR EXCEEDED THEIR TARGETS.
- REGION I, III AND X MISSED THEIR TARGETS.
o NATIONALLY, EPA ACHIEVED 109% OF ITS END-OF-YEAR TARGET OF 43 INITIAL
DECISIONS.
- REGIONS I, II, III, IV AND IX MET OR EXCEEDED THEIR TARGETS.
- REGION X MISSED ITS TARGET.
O HEADQUARTERS HAS DELEGATED THE TENTATIVE DECISIONS FOR CAROLINA,
PUERTO RICO AND SAN FRANCISCO, CALIFORNIA TO THE REGIONS. THE
ADMINISTRATOR HAS SIGNED TENTATIVE DENIALS FOR ARECIBO, BAYAMON,
AND GUAYAMA, PUERTO RICO, AND REVISED APPLICATIONS FOR THESE CITIES
ARE DUE IN DECEMBER.
-42-
-------
301(H) OCEAN DISCHARGE PERMITS
As Of September 30, 1985
cr
LJ
40-
30-
20-
10-
o-
Ib
oo
O
APPLICATIONS
QUARTERS
LEGEND
ACTUAL
INITIAL DECISION TARGFT
PERMIT TARGET
LEGEND
JH RNAL ACTION TAKEN
£>] INITIAL DECISIONS
[V] COMPLETE APPS
f ] INCOMPLETE APPS
-------
CONSTRUCTION GRANTS OBLIGATIONS
O NATIONALLY, GROSS OBLIGATIONS WERE 112% OF THE END-OF-YEAR TARGET,
WITHIN THE EXPECTED RANGE OF 4^15%.
- REGIONS I, V, AND VIII EXCEEDED THE _+ 15% WINDOW FOR THEIR GROSS
OBLIGATION TARGETS.
- ALL OTHER REGIONS MET THEIR TARGETS WITHIN THE WINDOW.
CONSTRUCTION GRANTS OUTLAYS
O NATIONALLY, OUTLAYS WERE 105% OF THE END-OF-YEAR TARGET, WITHIN
THE EXPECTED RANGE OF
- ALTHOUGH REGIONS II, IV AND VIII EXCEEDED THE +5% WINDOW FOR
THEIR OUTLAY TARGETS, THEY WORKED COOPERATIVELY WITH
HEADQUARTERS TO HELP ACHIEVE THE NATIONAL TARGET.
- ALL OTHER REGIONS MET THEIR TARGETS WITHIN THE WINDOW.
-44-
-------
CONSTRUCTION GRANTS OBLIGATIONS AND OUTLAYS
As Of September 30, 1985
OBLIGATIONS
OUTLAYS
3000 -i
2500 H
OT
c 2000
O
(A
1500-
O 1000
Q
500-
m
oo
to
O
1 2 3
QUARTERS
3000-i
2500-1
2000-
1500-
1000-
500-
LEGEND
IMftL.
ACTUAL
1 2 3
QUARTERS
-45-
-------
CONSTRUCTION GRANTS PROJECT CLOSEOUTS
O NATIONALLY, OW ACHIEVED 122% OF ITS END-OF-YEAR TARGET FOR PROJECT
CLOSEOUTS. ALL REGIONS ESSENTIALLY MET OR EXCEEDED THEIR TARGETS.
CONSTRUCTION GRANTS UNLIQUIDATED OBLIGATIONS
O AT THE BEGINNING OF THE YEAR, OW PLANNED TO REDUCE UNLIQUIDATED
OBLIGATIONS IN A SUBSET OF SLOW MOVING PROJECTS BY 30% ($284.3
MILLION DOLLARS) IN FY 1985.
o NATIONALLY, OW ACHIEVED 123% OF ITS END-OF-YEAR TARGET. WITH THE
EXCEPTION OF REGIONS I AND IX, ALL REGIONS EXCEEDED THEIR TARGETS
-46-
-------
CONSTRUCTION GRANTS CLOSEOUTS AND UNLIQUIDATED OBLIGATIONS
As Of September 30, 1985
1000 -i
800-
(/l
LU
O 600
Of
CL
U_
O
U] 400
DQ
200-
m
oo
O
PROJECT
CLOSEOUT
1 2 3
QUARTERS
350-
300-
250-
100-
50-
LEGEND
JftBK!..
ACTUAL
UNLIQUIDATED OBLIGATIONS
REDUCTIONS
1 2 3
QUARTERS
-\
4
-------
DIOXIN STUDY IMPLEMENTATION
o OW COMMITTED TO COMPLETING SAMPLING FOR DIOXIN AT 1,329 LOCATIONS BY THE
END OF FY 1985.
O OW COMPLETED SAMPLING AT 100% OF THOSE LOCATIONS. ALL REGIONS MET THEIR
END-OF-YEAR TARGETS.
-------
DIOXIN STUDY IMPLEMENTATION
As Of September 30, 1985
m
oo
UJ
to
1400 -i
1200 H
1000 H
CC 800 H
LJ
m
2
Z)
Z 600 -
400 H
200 H
QUARTERS
LEGEND
TARGET
ACTUAL
i
4
-------
DIG CLASS II PERMIT FILE REVIEW BY EPA
o AT THE BEGINNING OF FY 1985, OW PLANNED TO REVIEW 20,237 EXISTING
CLASS II, OIL AND GAS WELL, PERMIT FILES OVER THE NEXT 5 YEARS.
o OW TARGETED 2,404, OR 12%, OF THOSE FILES FOR REVIEW IN FY 1985.
o NATIONALLY, EPA HAS REVIEWED 3,302 FILES, ACHIEVING 137% OF ITS
END-OF-YEAR TARGET.
o SIX REGIONS WERE SCHEDULED TO REVIEW FILES DURING THIS FISCAL YEAR
ALL 6 MET OR EXCEEDED THEIR TARGETS.
-------
3500-,
UIC CLASS I! PERMIT FILES
REVIEWED BY EPA
As Of September 30, 1985
1 2
QUARTERS
5-YEAR WORKLOAD: 20,237
LEGEND
JMStt.
ACTUAL
-------
UIC MECHANICAL INTEGRITY TESTS MADE BY EPA
o AT THE BEGINNING OF FY 1985, OW PLANNED TO OVERSEE THE MECHANICAL
INTEGRITY TESTING OF 20,237 EXISTING CLASS II, OIL AND GAS, UNDERGROUND
INJECTION WELLS OVER THE NEXT 5 YEARS.
o OW TARGETED 2,513, OR 12%, OF THOSE WELLS FOR TESTS IN FY 1985.
O NATIONALLY, EPA HAS VERIFIED THE MECHANICAL INTEGRITY TESTING OF
3,068 WELLS, ACHIEVING 122% OF THE END-OF-YEAR TARGET.
o ALL SIX REGIONS SCHEDULED TO TEST WELLS EXCEEDED THEIR FY 1985
TARGETS.
-52-
-------
UJ
\-
U.
0
QL
3500-
3000-
2500-
2000-
1500-
1000-
500-
UIC MECHANICAL INTEGRITY TESTS
MADE BY EPA
As Of September 30, 1985
)
O
1 2
QUARTERS
5-YEAR WORKLOAD: 20,237
LEGEND
fttfil.
ACTUAL
-------
UIC PERMIT DETERMINATIONS MADE BY EPA
CLASS I - DEEP WELLS
o AT THE BEGINNING OF FY 1985, OW PLANNED TO MAKE PERMIT DETERMINATIONS
FOR 69 EXISTING CLASS I UNDERGROUND INJECTION WELLS OVER THE NEXT 5
YEARS.
o OW TARGETED 40,'OR 58%, OF THOSE WELLS FOR DETERMINATIONS IN FY 1985.
o NATIONALLY, EPA HAS MADE 34 OF THE 40 DETERMINATIONS SCHEDULED,
ACHIEVING 85% OF ITS FY 1985 TARGET.
- REGIONS IV, V, VII AND IX MET THEIR TARGETS.
- REGIONS II, VIII, AND X MISSED THEIR TARGETS.
CLASS II - OIL AND GAS WELLS
o AT THE BEGINNING OF FY 1985, OW PLANNED TO MAKE PERMIT DETERMINATIONS
FOR 1,210 EXISTING CLASS II 01L-AND-GAS-RELATED SALT WATER DISPOSAL
(SWD) WELLS OVER THE NEXT 5 YEARS.
o 77, OR 6%, WERE TARGETED FOR FY 1985.
O NATIONALLY, EPA HAS MADE 64 DETERMINATIONS AGAINST A TARGET OF 77,
ACHIEVING 83% OF THF.IR END-OF-YEAR TARGET. WITH THE EXCEPTION OF
REGION VIII, ALL REGIONS MET OR EXCEEDED THEIR TARGETS.
CLASS III - EXTRACTION WELLS
o AT THE BEGINNING OF FY 1985, OW PLANNED TO MAKE PERMIT DETERMINATIONS
FOR 31 EXISTING CLASS III INJECTION SITES OVER THE NEXT 5 YEARS.
o 7, OR 23%, WERE TARGETED FOR THE FOURTH QUARTER OF FY 1985. OW EXCEEDED
ITS TARGET, COMPLETING 8 PERMITS DURING THE FOURTH QUARTER. REGIONS
II AND IX MET THEIR FY 1985 TARGETS.
-------
UIC PERMIT DETERMINATIONS
MADE BY EPA
As Of September 30, 1985
CLASS I
04-
m
s
8
1001
CLASS II (SWD)
CLASS
1234
QUARTERS
1234
QUARTERS
25 n
20-
15-
10-
5-
-
1234
QUARTERS
-------
ACTION TRACKING SYSTEM HIGHLIGHTS
o 23 REGULATIONS, GUIDANCE DOCUMENTS AND OTHER INITIATIVES WERE
TRACKED IN ATS DURING FY 1985.
O 7 ITEMS WERE COMPLETED DURING THE FOURTH QUARTER:
- WATER QUALITY CRITERIA DOCUMENTS FOR TOXIC AND NON-
CONVENTIONAL POLLUTANTS WERE PUBLISHED IN THE FEDERAL REGISTER
ON 7/29/85.
THE NATIONAL WATER QUALITY INVENTORY WAS REPORTED TO CONGRESS
ON 8/2/85.
- THE EFFLUENT GUIDELINES FOR NONFERROUS METALS FORMING WAS
PROMULGATED ON 8/23/85.
- THE DEFINITION OF SIGNIFICANT NONCOMPLIANCE WAS PROMULGATED
ON 8/26/85.
THE REVISION OF NPDES REGULATIONS FOR STORMWATER DISCHARGE
WAS PROMULGATED ON 8/29/85.
- THE EFFLUENT GUIDELINES FOR NONFERROUS METALS (PHASE II) WAS
PROMULGATED ON 9/20/85.
- THE EFFLUENT GUIDELINES FOR PESTICIDES WAS PROMULGATED ON
10/4/85.
-------
NPDES ENFORCEMENT COMPLIANCE INSPECTIONS
o NATIONALLY, EPA ACHIEVED 122% OF ITS END-OF-YEAR INSPECTION TARGET.
THE NUMBER OF INSPECTIONS CONDUCTED RANGED FROM 88% (REGION III) to
161% (REGION IV) OF TARGET. THERE WERE 2,541 INSPECTIONS CONDUCTED,
EXCLUDING RECONNAISANCE AND PRETREATMENT INSPECTIONS, COMPARED TO
AN END-OF-YEAR TARGET OF 2,080.
O NATIONALLY, THE STATES ACHIEVED 122%.OF THEIR END-OF-YEAR INSPECTION
TARGET. THE NUMBER OF STATE INSPECTIONS CONDUCTED RANGED FROM
46% (REGION VIII) TO 210% (REGION I) OF TARGET. THERE WERE 8,459
INSPECTIONS CONDUCTED, EXCLUDING RECONNAISANCE OR PRETREATMENT
INSPECTIONS, COMPARED TO AN END-OF-YEAR TARGET OF 6,911.
-------
NPDES ENFORCEMENT COMPLIANCE INSPECTIONS
As Of June 30, 1985
125+
TARGET
NATIONAL
LEVELS
IX
f
^
2
<5
Legend
M EPA
CZ2 STATES
-------
N_PD_E_S_COMP_LIANC_E_ STATUES
o 94% OF THE 3,746 MAJOR INDUSTRIAL FACILITIES HAVE COMPLETED THE
CONSTRUCTION NEEDED TO ACHIEVE FINAL EFFLUENT LIMITS WHILE 6%
NEED ADDITIONAL CONSTRUCTION.
THE OVERALL COMPLIANCE RATE FOR MAJOR INDUSTRIALS CONTINUED
AT 95%. REGIONS II, IV, VI, IX AND X HAD OVERALL COMPLIANCE
RATES OF 95% OR BETTER. SIGNIFICANT NONCOMPLIANCF, REMAINED
STEADY AT:
5% WITH FINAL EFFLUENT LIMITS
<1% WITH CONSTRUCTION SCHEDULES/INTERIM EFFLUENT LIMITS
O 67% OF THE 3,690 MAJOR MUNICIPAL FACILITIES HAVE COMPLETED THE
CONSTRUCTION NEEDED TO ACHIEVE FINAL EFFLUENT LIMITS WHILE 33%
NEED ADDITIONAL CONSTRUCTION.
THE OVERALL COMPLIANCE RATES FOR MAJOR MUNICIPALS IMPROVED
SIGNIFICANTLY TO 90% AN INCREASE OF 3% FROM THE PREVIOUS
QUARTER. REGIONS II, III, IV, AND X HAD OVERALL COMPLIANCE RATES
OF 90% OR BETTER. SIGNIFICANT NONCOMPLIANCE CHANGED:
5% WITH FINAL EFFLUENT LIMITS (DECREASE OF 2%)
5% WITH CONSTRUCTION SCHEDULES/INTERIM EFFLUENT LIMITS
(DECREASE OF 1%)
O 92% OF THE 1,179 MAJOR P.L. 92-500 FACILITIES AND 1,771 MINOR P.L.
92r500 FACILITIES ON FINAL EFFLUENT LIMITS WERE IN COMPLIANCE.
NOTE: DATA REPRESENTS COMPLIANCE STATUS CURRENT TO JUNE 30, 1985.
-------
NPDES COMPLIANCE STATUS
As Of June 30, 1985
MAJOR INDUSTRIALS
MAJOR MUNICIPALS
m
0
2
uL
PERCENT Legend
<1X E3 SNC WITH CS/IEL
SX § SNC WtTH TO.
S* E3 NOT IN SNC WITH C3/»O.
90X [=: NOT IN SNC WITH FU
PERCENT
3X
5X
29%
-------
PROG RES S IN REDUCING MAJOR INDUSTRIAL
S
o FOR THE FJXEEL.BASE THERE WAS NO APPRECIABLE CHANGE OVER LAST QUARTER.
THERE WERE 187 MAJOR INDUSTRIALS IN SIGNIFICANT NONCOMPLIANCE AT THE
START OF FY 1985 166 WITH FINAL EFFLUENT LIMITS AND 21 WITH
CONSTRUCTION SCHEDULES/INTERIM EFFLUENT LIMITS.
- BY THE END OF THE YEAR 96% (A CHANGE OF 2% OVER LAST QUARTER) HAD
BEEN ADDRESSED 127 WERE RETURNED TO COMPLIANCE AND ENFORCEMENT
ACTIONS WERE TAKEN AGAINST 52 OTHERS.
o FOR THE DYNAMIC ! JASE , THE REGIONS HAVE DONE A GOOD JOB OF ADDRESSING
NEWLY FOUND SNC . A CUMULATIVE TOTAL OF 98 FACILITIES HAVE BEEN
IDENTIFIED AS BEING IN SNC FOR 2 OR MORE QUARTERS. THIRTY-TWO OF
THE 79 FACILITIES IDENTIFIED AS OF LAST QUARTER HAVE SINCE RETURNED
TO COMPLIANCE WHILE ENFORCEMENT ACTIONS HAVE BEEN TAKEN AGAINST 26
OTHERS. THE 21 REMAINING PLUS THE 19 FACILITIES NEWLY IDENTIFIED
CONSTITUTE THE PENDING BALANCE OF 40 FACILITIES. THERE ARE 3,746
MAJOR INDUSTRIAL PERMITTEES.
-------
PROGRESS IN REDUCING MAJOR INDUSTRIAL SIGNIFICANT NONCOMPUANCE
As Of June 30, 1985
200-1
m
150-
100-
50-
REDUCTION OF FIXED BASE
As Of June 30.1984
BOY
1 2 3
QUARTERS
2
Legend
RETURNED TO COMPUANCE
ENFORCEMENT ACTION TAKEN
PENDING
e
m
=3
TARGET
20-
RESPONSE TO NEW VIOLATIONS
(DYNAMIC BASE)
-------
IN REDUCING MAJOR MUNICIPAL
^ NONCOMPLIANCE
o FOR THE FIXED BASE THEPE WERE 384 MAJOR MUNICIPALS IN SIGNIFICANT
NONCOMPLIANCE AT THE START OF FY 1985 201 WITH FINAL EFFLUENT
LIMITS AMD 183 WITH CONSTRUCTION SCHEDULES/INTERIM EFFLUENT LIMITS.
- BY THE END OF THE YEAR 98% HAD BEEN ADDRESSED 230 FACILITIES
WERE RETURNED TO COMPLIANCE AND ENFORCEMENT ACTIONS WERE TAKEN
AGAINST 147 OTHERS. REGIONS I, III, IV, VI, VII, VIII, AND X HAVE
SUCCESSFULLY ADDRESSED ALL OF THEIR FIXED BASE FACILITIES.
o FOR THE DYNAM1CBASE, THE REGIONS HAVE DONE A GOOD JOB OF TAKING
ACTION AGAINST NEWLY FOUND SNC. A CUMULATIVE TOTAL OF 239 FACILITIES
HAVE BEEN IDENTIFIED AS BEING IN SNC FOR 2 OR MORE QUARTERS. SEVENTY-
EIGHT OF THE 188 FACILITIES IDENTIFIED AS OF LAST QUARTER HAVE
SINCE RETURNED TO COMPLIANCE WHILE ENFORCEMENT ACTIONS HAVE BEErJ
TAKEN AGAINST 84 OTHERS. THE 26 REMAINING PLUS THE 51 NEWLY
IDENTIFIED CONSTITUTE THE PENDING BALANCE OF 77 FACILITIES.
THERE ARE 3,683 MAJOR MUNICIPAL PERMITTEES.
-------
PROGRESS IN REDUCING MAJOR MUNICIPAL SIGNIFICANT NONCOMPUANCE
As Of June 30, 1985
400
m
jo
REDUCTION OF FIXED BASE
As Of June 30,1984
BOY 1 2 3
QUARTERS
Legend
C3 RETURNED TO COMPLIANCE
E2 ENFORCEMENT ACTION TAKEN
I PENDING
250-
200-
150-
m
2
100-
TARGCT
RESPONSE TO NEW VIOLATIONS
(DYNAMIC BASE)
-------
NPDES_EN FORCEMENT ACTIVITY
o NATIONALLY, THERE WERE 323 AOs ISSUED BY EPA IN THE FOURTH QUARTER
COMPARED TO 259 AOs DURING THE SAME QUARTER LAST YEAR. THE TOTAL
FOR THE YEAR IS 981 COMPARED TO LAST YEAR'S TOTAL OF 1,644 (600
AGAINST MINOR PERMITTEES). THE 323 INCLUDES 3 AOs ISSUED FOR NON-
SUBMITTAL OF AN APPROVABLE PRETREATMENT PROGRAM AND 8 FOR OTHER
PRETREATMENT VIOLATIONS.
- REGIONS IV AND VI ACCOUNTED FOR 27% AND 41%, RESPECTIVELY,
OF THE EPA AOs ISSUED WITH 72 and 108.
o NATIONALLY, THERE WERE 54 EPA-REFERRALS TO HEADQUARTERS DURING THE
QUARTER INCLUDING 26 FOR PRETREATMENT VIOLATIONS. DURING THE SAME
QUARTER OF LAST YEAR EPA HAD 34 REFERRALS. THERE WERE 118 REFERRALS
THIS YEAR COMPARED TO 105 LAST YEAR.
REGION II ACCOUNTED FOR 19 OF THE REFERRALS - 15 FOR PRETREATMENT
VIOLATIONS AND REGION III ACCOUNTED FOR 10 REFERRALS INCLUDING
7 FOR PRETREATMENT.
o NATIONALLY, THERE WERE 982 AOs ISSUED BY THE STATES IN THE FOURTH
QUARTER INCLUDING 10 AOs FOR NON-SUBMITTAL OF AN APPROVABLE
PRETREATMENT PROGRAM AND 13 FOR OTHER PRETREATMENT VIOLATIONS.
O NATIONALLY, THERE WERE 54 CIVIL REFERRALS TO THE STATE ATTORNEYS
GENERAL IN THE FOURTH QUARTER: 8 CIVIL REFERRALS WERE FILED IN
STATE COURTS; AND 21 CRIMINAL CASES WERE FILED IN STATE COURT.
INCLUDED IN THE 54 REFERRALS WERE 10 REFERRALS FOR NON-SUBMITTAL
OF AN APPROVABLE PRETREATMENT PROGRAM AND 2 REFERRALS FOR OTHER
PRETREATMENT VIOLATIONS.
-------
NPDES ENFORCEMENT ACTIVITY
As Of June 30, 1985
ADMINISTRATIVE ORDERS
o
1
m
1000-1
800
600-
4OO-
iiJiJJI
I
2
QUARTERS
CIVIL REFERRALS
Legend
I EPA
CD STATES
1234
QUARTERS
-------
STATUS OF MAJOR NPDES FEDERAL FACILITIBS
o NATIONALLY, THERE HAVE BEEN 123 INSPECTIONS FOR MAJOR FEDERAL
FACILITIES THIS FISCAL YEAR.
o 88% OF THE 155 MAJOR FEDERAL FACILITIES HAVE COMPLETED THE
CONSTRUCTION NEEDED TO ACHIEVE FINAL EFFLUENT LIMITS WHILE 12%
NEED ADDITIONAL CONSTRUCTION.
o THE OVERALL COMPLIANCE RATE FOR MAJOR FEDERAL FACILITIES WAS 94%
THIS QUARTER, AN INCREASE OF 3% FROM THE PREVIOUS QUARTER.
- 1% WERE IN SIGNIFICANT NONCOMPLIANCE WITH FINAL EFFLUENT LIMITS.
- 5% WERE IN SIGNIFICANT NONCOMPLIANCE WITH CONSTRUCTION SCHEDULES/
INTERIM EFFLUENT LIMITS.
o FOR THE FIXED BASE THERE WERE 20 FACILITIES IN SIGNIFICANT NON-
COMPLIANCE "AT THE START OF FY 1985 9 WITH FINAL EFFLUENT LIMITS
AND 11 WITH CONSTRUCTION SCHEDULES/INTERIM EFFLUENT LIMITS.
BY THE END OF THE YEAR 19 OF THE 20 HAD BEEN ADDRESSED: 10
FACILITIES RETURNED TO COMPLIANCE AND 9 FACILITIES WERE ADDRESSED
BY A FORMAL ADMINISTRATIVE ACTION.
O FOR THE DYNAMIC BASE, A CUMULATIVE TOTAL OF 8 FACILITIES HAVE BEEN
IDENTIFIED AS BEING IN SNC FOR 2 OR MORE QUARTERS. THREE OF THE 6
FACILITIES IDENTIFIED AS OF LAST QUARTER HAVE HAD ENFORCEMENT
ACTIONS TAKEN AGAINST THEM AND 2 FACILITIES RETURNED TO COMPLIANCE.
THE REMAINING 1 PLUS THE 2 NEWLY IDENTIFIED CONSTITUTE THE PENDING
BALANCE OF 3 FACILITIES.
-------
STATUS OF
MAJOR NPDES FEDERAL FACILITIES
As Of June 30, 1985
INSPECTIONS
COMPLIANCE STATUS
1234
QUARTERS
20-1
REDUCTION OF FIXED BASE SNC
(As Of June 30.1984)
BOY 1
2
Legend
IX SNC WITH PEL
3X C» SNC WITH CS/1EL
8X O NOT IN SNC WITH CS/IEL
86X^=1 NOT IN SNC WITH FEL
Legend
EH RETURNED TO COMPUANCE
C22 ENTORCEMENT ACTION TAKEN
I PENDING
-------
PUBLIC WATER SUPPLY ENFORCEMENT
o FOR THE 12 MONTHS ENDING MARCH 31, 1985, 8% OF ALL COMMUNITY WATER
SYSTEMS WITH TURBIDITY MAXIMUM CONTAMINANT LEVELS (MCLs) AMD/OR
MONITORING AND REPORTING REQUIREMENTS (M&R) WERE PERSISTENT VIOLATORS
(8% FOR PRIMACY STATES AND 13% FOR NONPRIMACY STATES).
o FOR THE 12 MONTHS ENDING MARCH 31, 1985, 7% OF ALL COMMUNITY WATER
SYSTEMS WITH MiICROBIOLgG_ICAL, MCL AND/OR M&R REQUIREMENTS WERE PERSISTENT
VIOLATORS (7% FOR PRIMACY AND 9% NONPRIMACY STATES)
o FOR THE 12 MONTHS ENDING MARCH 31, 19R5, ONLY 3% OF ALL COMMUNITY
WATER SYSTEMS WITH TOTAL TRIHALOMETHANE MCL AND/OR M&R REQUIREMENTS
WERE PERSISTENT VIOLATORS (2% FOR PRIMACY STATES AND 10% FOR NONPRIMACY
STATES).
-------
PUBUC WATER SUPPLY ENFORCEMENT
COMMUNITY SYSTEMS COMPLIANCE STATUS
As Of March 31, 1985
TURBIDITY
MICROBIOLOGICAL
TRIHALOMETHANE
8.0X
7.0X
3.0%
m
jo
Legend
PERSISTENT VIOLATORS
CH COMPLIANCE
2
-------
UNDERGROUND INJECTION CONTROL STATUS
DIRECT IMPLEMENTATION STATES
AS OF 6/30/85
o OPERATING, MONITORING, AND REPORTING REQUIREMENTS BECAME EFFECTIVE
JUNE 25, 1985 FOR CLASS I-III WELLS AUTHORIZED BY RULE. IN ADDITION
REQUIREMENTS FOR AN INVENTORY, PLUGGING AND ABANDONMENT PLAN,
FINANCIAL RESPONSIBILITIES ASSURANCE AND RECORDS RETENTION FOR CLASS
I-III WELLS BECAME EFFECTIVE ON THIS DATE. CLASS IV WELLS ARE BANNED.
O PRIOR TO THIS DATE NONCOMPLIANCE WOULD INCLUDE
- MONITORING THAT INDICATES THAT ANY CONTAMINANT MAY CAUSE AN
ENDANGERMENT TO AN UNDERGROUND SOURCE OF DRINKING WATER (USDW).
- NONCOMPLIANCE OR MALFUNCTION OF THE INJECTION SYSTEM WHICH MAY
CAUSE FLUID MIGRATION INTO OR BETWEEN USDWS.
- FAILURE TO PROVIDE INVENTORY INFORMATION AND OPERATION MONITORING
REPORTS.
O AS OF JUNE 30, 1985, THE INVENTORY OF WELLS IN DIRECT IMPLEMENTATION
STATES WAS:
- CLASS I 118 WELLS
- CLASS II 26,517 WELLS
- CLASS III 378 WELLS
- CLASS IV 2 WELLS (INACTIVE)
o THROUGH THE THIRD QUARTER FY 1985, EPA CONDUCTED 2,018 UIC COMPLIANCE
INSPECTIONS COMPARED TO 57 IN THE SECOND QUARTER: REGION VI CONDUCTED
1,239 or 61% OF THE TOTAL.
O THERE WERE 1,312 VIOLATIONS REPORTED ALL CLASS II WELLS. 1,178
OF THESE VIOLATIONS WERE ADDRESSED BY ADMINISTRATIVE ACTIONS. LAST
QUARTER 76 VIOLATIONS WERE REPORTED WITH 20 ADDRESSED.
-------
OFFICE OF SOLID WASTE AND EMERGENCY RESPONSE
-------
OFFICE OF SOLID WASTE AND EMERGENCY RESPONSE
FOURTH QUARTER HIGHLIGHTS
o IN FY 1985 TWENTY-THREE STATES WERE DELEGATED AUTHORITY TO MANAGE
THE HSWA PROGRAM. HOWEVER, IOWA AND ALABAMA PHASE I PROGRAMS HAVE
REVERTED TO EPA.
o RCRA PERMITTING DRAFT NOTICES AND FINAL DETERMINATIONS FOR LAND
DISPOSAL FACILITIES ARE SUBSTANTIALLY AHEAD OF SCHEDULE.
o THE RCRA PROGRAM IS WELL AHEAD OF SCHEDULE FOR ADDRESSING SIGNIFICANT
NONCOMPLIERS. EPA REGIONS AND STATES EXCEEDED EXPECTATIONS FOR
CONDUCTING RCRA INSPECTIONS.*
o THE REGIONS EXCEEDED THEIR END OF YEAR TARGET FOR REFERRAL OF §107 COST
RECOVERY ACTIONS.
o THE EPA REGIONS EXCEEDED THEIR COLLECTIVE GOAL FOR INITIATING ENFORCEMENT
MANAGED RI/FS, AND MET THEIR TARGETS FOR CONDUCTING RESPONSIBLE
PARTY SEARCHES.
O FORTY ENGINEERING DESIGN DECISIONS WERE MADE IN THE FOURTH QUARTER,
MORE THAN DOUBLE THE NUMBER IN THE FIRST THREE QUARTERS OF FY 1985.
o ONLY REMEDIAL ACTION STARTS AND COMPLETIONS HAVE BEEN SUBSTANTIALLY
AFFECTED BY THE SUPERFUND SLOWDOWN. IN ALL OTHER AREAS PROGRESS
CONTINUED AS PLANNED FOR FY 1985.
*RCRA enforcement reporting does not include accomplishments for the month
of September. Targets and accomplishments are through 8/31/85. A special
supplemental report for RCRA including September data will be published
in mid-November.
-------
SUPERFUND RgPTOVAL PROGRAM
CERCLA-FUNDED RESPONSE ACTIVITY
o THE REGIONS HAVE EXCEEDED YEAR-END TARGETS FOR INITIATION AND
COMPLETION OF REMOVAL ACTIONS AT NPL SITES.
- 46 REMOVAL ACTIONS HAVE BEEN INITIATED AT NPL SITES THIS FISCAL
YEAR AGAINST A TARGET OF 33.
- 34 REMOVAL ACTIONS HAVE BEEN COMPLETED AT NPL SITES THIS FISCAL
YEAR AGAINST A TARGET OF 33.
o STEADY PROGRESS CONTINUES IN THE REMOVAL PROGRAM AT NON-NPL SITES.
- 150 REMOVAL ACTIONS HAVE BEEN INITIATED AT NON-NPL SITES THIS FISCAL
YEAR .
118 REMOVAL ACTIONS HAVE BEEN COMPLETED AT NON-NPL SITES THIS FISCAL
YEAR.
o IN FY 1985, 196 REMOVALS WERE INITIATED, A 16% INCREASE OVER FY 1984
WHEN 169 REMOVALS WERE STARTED. THE 152 COMPLETIONS WAS 15% LOWER
THAN FY 1984, WHEN 178 REMOVAL ACTIONS WERE COMPLETED.
OTHER ON-SCENE RESPONSE ACTIVITY
O 720 NON-FEDERALLY FUNDED REMOVALS HAVE TAKEN PLACE UNDER ON-SCENE
OVERSIGHT THIS YEAR.
o 59 OIL SPILLS HAVE BEEN CLEANED-UP WITH CLEAN WATER ACT FUNDS THIS YEAR
-------
FY 85 SUPERFUND REMOVAL ACTIVITIES
CUMULATIVE As Of September 30, 1985
INITIATED (NPL SITES)
1 2 3
QUARTERS
INITIATED (NON-NPL SITES)*
1 2 3
QUARTERS
501
COMPLETED (NPL SITES)
LIGCND
1 2 3
QUARTERS
COMPLETED (NON-NPL SITES)*
150-i
NO TAKGCTS
1 2 3
QUARTERS
-------
SUPERFUND REMEDIAL ACTIVITIES
o THE REGIONS MADE GOOD PROGRESS IN MAINTAINING MOMENTUM IN THE
SUPERFUND PROGRAM DESPITE THE SLOWDOWN AND LACK OF REAUTHORIZATION,
ASSESSMENTS AND INSPECTIONS
o THE REGIONS HAVE COMPLETED 99% OF THE PRELIMINARY ASSESSMENTS TARGETED
FOR FY 1985. EIGHT REGIONS HAVE MET OR EXCEEDED THEIR TARGETS.
REGION II HAS COMPLETED 49% OF ITS TARGET.
o THE REGIONS HAVE EXCEEDED THEIR FY 1985 TARGET FOR SITE INSPECTIONS BY 17%
1612 HAVE BEEN COMPLETED AGAINST A TARGET OF 1380.
NEW ACTIONS AT SCAP SITES
o THE REGIONS HAVE INITIATED 110% OF THE REMEDIAL INVESTIGATION/FEASIBILITY
STUDIES (RI/FS) TARGETED FOR THE END OF THE FOURTH QUARTER.
o THE REGIONS HAVE INITIATED 91% OF THE REMEDIAL DESIGNS TARGETED FOR
THE END OF THE FOURTH QUARTER. DECISIONS FOR 40 SITES WERE MADE THIS
QUARTER.
o ONLY TWO REMEDIAL ACTIONS WERE FUNDED IN THE FOURTH QUARTER DUE TO LACK
OF SUPERFUND REAUTHORIZATION.
-an-
-------
FY 1985 SUPERFUND
CUMULATIVE NUMBER OF NEW ACTIONS AT SCAP SITES
As Of September 30, 1985
Remedial Investigations/
Feasibility Studies
100-
75-
LJ
CO
L_ 50-
O
O
25-
m
100-
1234
QUARTERS
75-
50-
Remedial
Designs
1 2 3
QUARTERS
LEGEND
30-
20-
10
Remedial
Actions
/
*jc.
.-o-^J
1 2
QUARTERS
A ACTUAL
-------
SUPERFUND ENFORCEMENT ACTIVITY
o RESPONSIBLE PARTY SEARCHES COMPLETED - THE REGIONS HAVE MET THEIR
END OF YEAR CUMULATIVE TARGET FOR COMPLETING RESPONSIBLE PARTY
SEARCHES BY COMPLETING ALL 207 TARGETED.
o ENFORCEMENT MANAGED RI/FS INITIATED - THE REGIONS EXCEEDED THEIR
END OF YEAR TARGET FOR INITIATING ENFORCEMENT MANAGED RI/FS
HAVING INITIATED 39 RI/FS VERSUS A TARGET OF 35.
o FORMAL ADMINISTRATIVE ENFORCEMENT ACTIONS -
- THE LEVEL OF SUPERFUND ADMINISTRATIVE ENFORCEMENT ACTIVITIES
INCREASED BY 89% FROM THE THIRD QUARTER.
- OF 51 FORMAL ADMINISTRATIVE ACTIONS ISSUED IN THE FOURTH QUARTER,
29 WERE ISSUED FOR NPL SITES (25 REMEDIAL/4 REMOVAL) AND 22 WERE
ISSUED FOR NON-NPL SITES (6 REMEDIAL/16 REMOVAL).
- AT THE END OF YEAR, THE SUPERFUND PROGRAM HAS ISSUED 160 ADMINISTRATIVE
ACTIONS COMPARED TO 137 IN FY 1984. OF THE 160 ORDERS, 77 WERE
FOR NPL SITES (57 REMEDIAL/20 REMOVAL), AND 83 ACTIONS
FOR NON-NPL SITES (14 REMEDIAL/69 REMOVAL).
-------
SUPERRJND ENFORCEMENT ACTIVITY
As Of September 30, 1985
RESPONSIBLE PARTY
SEARCHES COMPLETED
fi
01234
QUARTERS
ENFORCEMENT MANAGED
RI/FS INITIATED
01234
QUARTERS
FORMAL ADMINISTRATIVE
ENFORCEMENT ACTIONS
1234
QUARTERS
«J
o
£
t5
l_0^*7l IVJ
D TARGET
A ACTUAL
Legend
[771 NOW NPI
I NPL
-------
SUPERFUND - CIVIL CASE REFERRALS
o SECTION 107 COST RECOVERY - FOR THE YEAR, THE REGIONS HAD TARGETED
46 COST RECOVERY CASES UNDER SECTION 107 AND ACTUALLY REFERRED 53.
THIS COMPARES WITH 39 REFERRALS- IN FY 1984.
- REGIONS II, III, AND IV EXCEEDED THEIR COST RECOVERY REFERRAL
TARGETS BY 117%, 43%, AND 80%, RESPECTIVELY.
REGION V ACCOMPLISHED 60% OF THEIR END OF YEAR TARGET FOR
COST RECOVERY REFERRALS.
o SECTION 106 CIVIL REFERRALS DIRECTING PRIVATE PARTY CLEAN UP -
THERE WAS ONLY ONE SECTION 106 REFERRAL MADE DURING THE FISCAL
YEAR. THERE WERE 4 CIVIL ACTIONS WHERE A §106 COUNT WAS INCLUDED
IN A §107 REFERRAL.
-------
m
10-
I
2
SUPERFUND-CIVIL REFERRALS
As Of September 30, 1985
SECTION 107 COST RECOVERY
(CUMULATIVE)
234
QUARTERS
Legend
I CUMULATIVE ACTUAL
E2 CUMULATIVE TARGET
30-i
25-
20-
2
Z
10-
5-
SECTION 106 REFERRALS
(QUARTERLY TOTALS)
(0)
(o)
254
QUARTERS
-------
RCRA FINAL STATE AUTHORIZATION
o IN FY 1985 TWENTY-THRRE STATES WERE DELEGATED AUTHORITY TO MANAGE
THE RCRA PROGRAM. KANSAS RECEIVED DELEGATION DURING THE FOURTH
QUARTER.
O DUE TO ADDITIONAL WORK REQUIRED OF THE STATES, NECESSARY STATE
STATUTORY REVISIONS AND RESPONSE TO PUBLIC COMMENT, FINAL
AUTHORIZATION DECISIONS ON MAINE, RHODE ISLAND, CONNECTICUT,
WEST VIRGINIA, SOUTH CAROLINA, ILLINOIS, ARIZONA AND NEVADA HAVE
BEEN DELAYED.
o SEVEN STATES HAVE NOT YET APPLIED FOR RCRA AUTHORIZATION.
- MICHIGAN IS TARGETED TO RECEIVE FINAL AUTHORIZATION BY FEBRUARY 1986.
- IDAHO AND ALASKA INTEND TO ADOPT THE RCRA PROGRAM OVER THE NEXT SEVERAL
YEARS.
- IOWA'S PHASE I AUTHORIZATION REVERTED.
- VIRGIN ISLANDS, WYOMING AND HAWAII DO NOT INTEND TO ADOPT THE RCRA
PROGRAM.
-------
DELEGATION STATUS OF RCRA - FINAL AUTHORIZATION
As Of September 30, 1985
i
t/)
LEGEND
I| NONE
£2] DRAFT STAGE---
AUTHORIZED
-7
20
--27
m
00
V VI
REGIONS
IX
TOTAL 54
O
** TARGETED FOR FINAL AUTHORIZATION IN FY 1985.
-------
RCRA PERMITTING
o RCRA PERMITTING TARGETS FOR THIRD AND FOURTH QUARTERS WERE RENEGOTIATED
DUE TO THE ANTICIPATED IMPACT OF THE 1985 HAZARDOUS AND SOLID WASTE
AMENDMENTS. NONETHELESS, PERMITTING ACTIVITY FOR LAND DISPOSAL
FACILITIES WAS SIGNIFICANTLY BETTER THAN EXPECTED.
DRAFT NOTICES
o THE REGIONS ISSUED 187 DRAFT NOTICES FOR INCINERATOR AND LAND DISPOSAL
FACILTITIES THIS FISCAL YEAR AGAINST A COMBINED TARGET OF 155.
REFLECTING THE SHIFT IN PERMITTING PRIORITIES UNDER HSWA, 162 OF THE
DRAFT NOTICES ARE FOR LAND DISPOSAL FACILITIES.
o DURING THE FOURTH QUARTER:
- ALL 23 INCINERATOR DRAFT NOTICES TARGETED FOR FOURTH QUARTER WERE
ISSUED.
- 94 LAND DISPOSAL DRAFT NOTICES WERE ISSUED AGAINST A TARGET OF 77.
FINAL DETERMINATIONS
o THE REGIONS ACHIEVED 145% OF THEIR FINAL DETERMINATION YEAR-END
TARGET FOR RCRA FACILITIES.
- 115 LAND DISPOSAL FACILITY FINAL DETERMINATIONS WERE MADE AGAINST
A TARGET OF 72.
- 10 OF 14 INCINERATION FACILITY FINAL DETERMINATIONS HAVE BEEN MADE.
o THE REGIONS EXCEEDED THE FOURTH QUARTER TARGET BY 42%.
- 6 INCINERATOR FINAL DETERMINATIONS WERE MADE AGAINST A TARGET OF 7.
- 74 LAND DISPOSAL FINAL DETERMINATIONS WERE MADE AGAINST A TARGET OF 49
-------
RCRA PERMITTING
INCINERATION AND LAND DISPOSAL FACILITIES
Best Information Available As Of September 30, 1985
e
CO
:?
ID
Z
250-i
200-
150-
100-
m
oo
o
CUMULATIVE
DRAFT NOTICES ISSUED
200 -i
234
QUARTERS
150 H
100-
50-
CUMULATIVE
FINAL DETERMINATIONS
2 3
QUARTERS
LEGEND
I ACTUAL
^ TARGET
Q ORIGINAL TARGET
* 3rd and 4th Qtr TARGETS ESTABLISHED PRIOR TO HSWA
-------
RCRA - INSPECTIONS OF MAJOR HANDLERS
INSPECTIONS
o FOR EPA, THE 'RCRA PROGRAM EXCEEDED ITS FOURTH QUARTER TARGET FOR
INSPECTIONS OF MAJOR HANDLERS BY CONDUCTING 257 INSPECTIONS VERSUS
A TARGET OF 164. YEAR-TO-DATE, EPA HAS CONDUCTED 778 INSPECTIONS
VERSUS A TARGET 523, OR 49% GREATER THAN THE CUMULATIVE FOURTH
QUARTER TARGET.
o STATES CONDUCTED 1,201 INSPECTIONS OF MAJOR HANDLERS DURING THE
FOURTH QUARTER VERSUS A TARGET OF 882. YEAR-TO-DATE, STATES HAVE
CONDUCTED 4,036 INSPECTIONS VERSUS A TARGET OF 2,988, OR 35% GREATER
THAN THE CUMULATIVE FOURTH QUARTER TARGET.
- REGION II STATES HAVE DONE 82% OF THE INSPECTIONS TARGETED THROUGH
THE FOURTH QUARTER.
RECORD REVIEWS FOR CLOSURE PLAN AND COST ESTIMATE
o THROUGH THE FOURTH QUARTER, EPA AND THE STATES HAVE COMPLETED 997
RECORD REVIEWS FOR CLOSURE PLANS AND COST ESTIMATES FOR MAJOR
HANDLERS VERSUS A TARGET OF 685.
RECORD REVIEWS FOR FINANCIAL INSTRUMENTS
o THROUGH THE FOURTH QUARTER, EPA AND THE STATES HAVE COMPLETED 1,265
RECORD REVIEWS FOR FINANCIAL INSTRUMENTS FOR MAJOR HANDLERS VERSUS
A TARGET OF 743.
NOTE; RCRA ENFORCEMENT REPORTING DOES NOT INCLUDE ACCOMPLISHMENTS FOR THE
MONTH OF SEPTEMBER. TARGETS AND ACCOMPLISHMENTS ARE THROUGH 8/31/85,
A SPECIAL SUPPLEMENTAL REPORT FOR RCRA INCLUDING SEPTEMBER DATA
WILL BE PUBLISHED IN MID-NOVEMBER.
-------
RGRA MAJOR HANDLER INSPECTIONS
(EPA & STATES)
As Of August 31, 1985
123-1-T'
iNAL
LEVELS
S
^
8
REGIONS'
Legend
i EPA
B2 STATES
NOTE: RCRA CMFOMCCMEMT REPORTING DOCS NOT INCLUDC ACCOMPUWMENTS
TOW THE MOMTH OF SEPTEUBOt. TAMCFTS AND ACCOMPLISHMENTS ARE
THROUGH a/JI/U. A SPECIAL SUPPCMCNTAL REPORT FOR RCRA
INCLUDING SEPTCMWtR DATA WILL K PUIUSHtO IN MIO-NOVtM»ER.
-------
RCRA - PROGRESS ON ADDRESSING MAJOR HANDLERS IN SIGNIFICANT NONCOMPLIANCE
o AT THE END OF THE FOURTH QUARTER THE REGIONS HAD TARGETED TO HAVE
TAKEN ENFORCEMENT ACTION OR RETURNED TO COMPLIANCE ALL BUT 168 OF
THE SIGNIFICANT NONCOMPLIERS ON THE FIXED BASE LIST. OVERALL, THE
PROGRAM HAS EXCEEDED THIS TARGET AND IS SHOWING 81 STILL TO BE
ADDRESSED.
- REGION V HAS TAKEN ENFORCEMENT ACTION OR RETURNED TO COMPLIANCE
170 OF ITS FIXED LIST SNC'S VERSUS A CUMULATIVE FOURTH QUARTER
TARGET OF 91.
o YEAR TO DATE, THE RCRA PROGRAM HAS RETURNED TO COMPLIANCE 284 OF
THE FIXED LIST SIGNIFICANT NONCOMPLIERS.
O EPA AND THE STATES IDENTIFIED 111 MAJOR HANDLERS DURING THE FOURTH
QUARTER AS NEW SIGNIFICANT NONCOMPLIERS, BRINGING THE TOTAL FOR THE
YEAR TO 496. ONE HUNDRED AND TWENTY-ONE HAVE HAD FORMAL ENFORCEMENT
ACTIONS INITIATED, AND 87 HAVE BEEN RETURNED TO COMPLIANCE.
NOTE; RCRA ENFORCEMENT REPORTING DOES NOT INCLUDE ACCOMPLISHMENTS FOR THE
MONTH OF SEPTEMBER. TARGETS AND ACCOMPLISHMENTS ARE THROUGH 8/31/85.
A SPECIAL SUPPLEMENTAL REPORT FOR RCRA INCLUDING SEPTEMBER DATA WILL
BE PUBLISHED IN MID-NOVEMBER.
-------
RCRA-PROGRESS ON ADDRESSING
MAJOR HANDLERS IN SIGNIFICANT NONCOMPUANCE
As Of August 31, 1985
Reduction Of Fixed Base
(Pending As Of October 1, 1984)
Response To New Violations
(Dynamic Base)
496
800
700-
600
500
400-
300
200
100
SOO-i
400-
300-
TARGET
2
BOY 1
Legend
CD RETURNED TO COMPLIANCE
OS ENFORCEMENT ACTION TAKEN
PENDING
NEWLY ENFORCEMENT RETURNED
IDENTIFIED ACTIONS TO
INITIATED COMPLIANCE
NOTE: RCRA ENFORCEMENT REPORTING DOCS NOT INCLUDE ACCOMPLISHMENTS
FOR TM£ MONTH OF SEPTEMBER. TARGETS AND ACCOMPLISHMENTS ARE
THROUGH 1/51/15. A SPECIAL SUPKMtNTAL REPORT FOR RCRA
INCLUDING SEPTEMBER DATA WILL BE PUBUSHED IN MID-NOVEMBER.
-------
RCRA ENFORCEMENT ACTIVITY
FORMAL ADMINISTRATIVE ACTIONS
O THE EPA REGIONS ISSUED 86 ADMINISTRATIVE COMPLAINTS (INCLUDING 15
BY REGION IV AND 14 BY REGION VI) TO MAJOR HANDLERS DURING THE FOURTH
QUARTER, BRINGING THE TOTAL FOR THE YEAR TO 185.
o THE STATES ISSUED 141 ADMINISTRATIVE COMPLAINTS TO MAJOR HANDLERS
DURING THE FOURTH QUARTER, BRINGING THE TOTAL FOR THE YEAR TO
434.
CTyi_L_AND_CF_IMINAL_ REFERRALS
O THE EPA REGIONS REFERRED 10 CIVIL ACTIONS UNDER RCRA DURING THE
FOURTH QUARTER, BRINGING THE TOTAL FOR THE YEAR TO 19 (14 BY REGIONS
AND 5 BY HEADQUARTERS). THIS COMPARES TO 16 (ALL BY REGIONS) IN
FY 1984.
o THE STATES FILED 21 CIVIL REFERRALS IN STATE COURTS DURING THE FOURTH
QUARTER, BRINGING THE TOTAL FOR THE YEAR TO 71.
NOTE! RCRA ENFORCEMENT REPORTING (WITH THE EXCEPTION OF EPA CIVIL
REFERRALS) DOES NOT INCLUDE ACCOMPLISHMENTS FOR THE MONTH OF
SEPTEMBER. TARGETS AND ACCOMPLISHMENTS ARE THROUGH 8/31/85.
A SPECIAL SUPPLEMENTAL REPORT FOR RCRA INCLUDING SEPTEMBER DATA
WILL 8E PUBLISHED IN MID-NOVEMBER.
-------
RCRA ENFORCEMENT ACTIVITY
As Of August 31,1985
ADMINISTRATIVE COMPLAINTS
ISSUED TO MAJOR HANDLERS
250
223-
200-
B
m
5 123-
I
8
QUARTERS
40-
e
CD
20-
Legend
CD STATES
i EPA
CIVIL REFERRALS
AGAINST MAJOR HANDLERS
NOTE: RCRA ENFORCEMENT RCFOMTING DOCS NOT INCLUDE ACCOMPLISHMENTS
FOR THE MONTH OF SEPTEMBER. TARGETS AND ACCOMPLISHMENTS ARE
THROUGH a/3V>5. A SPECIAL SUPPEMCNTAL REPORT FOR RCRA
INCLUDINGTSEPTEMKR DATA WILL K PUILJSHED IN MID-NOVEMRER.
-------
RCRA - FEDERAL FACILITIES
o FORTY-NINE INSPECTIONS OF MAJOR FEDERAL FACILITIES WERE TARGETED FOR
THE FOURTH QUARTER AND 51 WERE ACTUALLY CONDUCTED (11 BY EPA AND 40
BY THE STATES). FOR THE YEAR, 161 INSPECTIONS WERE TARGETED AND 176
HAVE BEEN CONDUCTED.
o THE PROGRAM HAS INITIATED ACTIONS AGAINST ALL 25 OF THE FIXED BASE
SIGNIFICANT NONCOMPLIERS.
-------
2
5
O
6
200-
175-
125
u.
100-I
U.
o
B *H
ffi
| 50H
25H
RCRA-FEDERAL FACILITIES STATUS
As Of August 31,1985
INSPECTIONS
1234
QUARTERS
Legend
TARGET
ACTUAL
30-1
PROGRESS AGAINST SNC
FIXED BASE (As of 10/V%4)
OS
Legend
ENFORCEMENT ACTION TAKEN
PENDING
MOTt RCRA ENRMCOtOg REFOHTIMO DOCS NOT INCUJOC
POM THf MOMIH OF SCPTCUKR. TAROCTS AND ACCOMPLISHMENTS ARC
THROOOM a/JJ/te. A SKOAL SOPKMENTAL KPORT FOR «C*A
M DATA WIU BE PUIUSHCD IN MID-NOVEMBER.
-------
OFFICE OF PESTICIDES AND TOXIC SUBSTANCES
-------
OFFICE OF PESTICIDES AND TOXIC SUBSTANCES
FY 1985 HIGHLIGHTS
o DURING THE FISCAL YEAR THE OFFICE OF PESTICIDES AND TOXIC SUBSTANCES
MET OR EXCEEDED TARGETS FOR REGISTRATION STANDARDS, DATA CALL-IN
LETTERS, SPECIAL REVIEWS, AND THREE OUT OF FOUR CATEGORIES OF
REGISTRATION APPLICATIONS.
o THE PROGRAM RECEIVED A MUCH HIGHER THAN EXPECTED NUMBER OF NEW
CHEMICAL NOTICES (PRIMARILY PRE-MANUFACTURE NOTICES), AND MANAGED TO
KEEP PACE WITH THE ADDITIONAL DEMAND.
o THE BACKLOG OF REGISTRATION APPLICATIONS WAS REDUCED IN THE FOURTH
QUARTER FOR THE FIRST TIME THIS FISCAL YEAR.
o IN THE EXISTING CHEMICALS AREA, OPTS FELL SHORT OF ITS TARGET FOR
RISK MANAGEMENT ACTIONS (8 VS 11).
o OPTS HAD DIFFICULTY IMPLEMENTING HEALTH AND SAFETY REQUIREMENTS FOR
REGISTRATION STANDARDS (16 VS 20), BUT WITH A YEAR'S EXPERIENCE THE
PROGRAM EXPECTS TO GREATLY ACCELERATE THIS PROCESS IN FY 1986.
O ADMINISTRATIVE COMPLAINTS ISSUED FOR TSCA SIGNIFICANT VIOLATIONS
WERE ALMOST DOUBLED OVER LAST FISCAL YEAR, DUE TO A LARGE INCREASE
IN ASBESTOS-IN-SCHOOL ENFORCEMENT ACTIVITY.
o THE REGIONS ACHIEVED 84% OF THE YEAR-END TARGET TO CLOSE TSCA SIGNIFICANT
NONCOMPLIER CASES AND EXCEEDED THE TARGET FOR FIFRA CASES.
-------
PESTICIDE REGISTRATION STANDARDS
o OPTS EXCEEDED ITS FY 1985 TARGET FOR REGISTRATION STANDARDS,
ESTABLISHING 27 AGAINST AN ANNUAL TARGET OF 25. THESE STANDARDS
COVER 5.9 PERCENT OF THE TOTAL PESTICIDE USAGE IN THE U.S.
o THE STANDARDS ISSUED THIS FISCAL YEAR COVER 2,463 PESTICIDE PRODUCTS,
o SINCE THE PROGRAM WAS ESTABLISHED IN 1980, OPTS HAS ISSUED STANDARDS
COVERING:
- 5,831 PESTICIDE PRODUCTS OUT OF A UNIVERSE OF APPROXIMATELY 45,000
- 34.6% OF THE PESTICIDE USAGE (BY VOLUME) IN THE UNITED STATES.
- 117 PESTICIDE ACTIVE INGREDIENTS OUT OF A TOTAL OF 578.
-------
PESTICIDE REGISTRATION STANDARDS
CUMULATIVE NUMBER OF STANDARDS ESTABLISHED
As Of September 30, 1985
2 3
QUARTERS
LEGEND
ACTUAL
-------
HEALTH AND SAFETY REQUIREMENTS FOR CHEMICALS
COVERED BY REGISTRATION STANDARDS
o THIS MEASURE TRACKS WHETHER THE HEALTH AND SAFETY REQUIREMENTS (HSR)
OF A REGISTRATION STANDARD ISSUED ONE YEAR EARLIER HAVE BEEN
IMPLEMENTED. IN PARTICULAR IT FOCUSES ON WHETHER THE REGISTRANTS OF
PESTICIDE PRODUCTS CONTAINING A REGISTERED ACTIVE INGREDIENT HAVE:
- AGREED TO SUBMIT ALL HEALTH AND SAFETY STUDIES REQUIRED BY EPA AND
- SUBMITTED AN EPA APPROVED DRAFT LABEL
o OPTS's OBJECTIVE IS TO INSURE THAT 80 PERCENT OF THE PRODUCTS COVERED
BY A REGISTRATION STANDARD HAVE HEALTH AND SAFETY REQUIREMENTS
IMPLEMENTED WITHIN ONE YEAR.
O IN FY 1985 OPTS OVERSAW THE IMPLEMENTATION OF 16 HEALTH AND SAFETY
REQUIREMENTS AGAINST A TARGET OF 20. NOW THAT THE PROGRAM HAS
EXPERIENCED PROGRAM SUPPORT, IT PLANS TO TRACK THE IMPLEMENTATION OF
50 HSR IN FY 1986.
-------
IMPLEMENTATION OF HEALTH AND SAFETY REQUIREMENTS
CUMULATIVE NUMBER ESTABLISHED
As Of September 30, 1985
in
»
20-i
I
-------
PESTICIDE DATA CALL-IN LETTERS
o OPTS HAS EFFECTIVELY COMPLETED ALL CHRONIC TOXICITY DATA CALL-IN
ACTIVITY. IN ORDER TO ACCOMPLISH THIS THE PROGRAM EXCEEDED ITS FY
1985 TARGET, ISSUING 162 LETTERS AGAINST A CUMULATIVE TARGET OF 150
o IN FY 1986 OPTS WILL BEGIN ISSUING DATA CALL-IN LETTERS TO OBTAIN
KEY EXPOSURE DATA FROM EXISTING PESTICIDES.
-------
m
§
o
PESTICIDE DATA CALL-IN LETTERS
CUMULATIVE NUMBER OF FY 1985 LETTERS ISSUED
As Of September 30, 1985
200 -i
2 3
QUARTERS
LEGEND
| ACTUAL
QTARGET
-------
FINAL REVIEWS OF CALL-IN DATA
o OPTS COMPLETED 439 FINAL REVIEWS OF CALL-IN DATA IN FY 1985 ACHIEVING
93 PERCENT OF THE ANNUAL TARGET.
o DURING THE YEAR THE PROGRAM DEVELOPED A MORE STREAMLINED PROCEDURE
FOR SCREENING REVIEWS. THIS SHOULD HELP OPTS IMPROVE PERFORMANCE
IN THIS AREA NEXT YEAR.
-------
FINAL REVIEWS OF CALL-IN DATA
As Of September 30,1985
600 n
m
I
UJ
2 3
QUARTERS
LEGEND
| ACTUAL
QUMCCT
-------
PESTICIDE SPECIAL REVIEWS
o OPTS MET ITS TARGET BY COMPLETING ELEVEN SPECIAL REVIEWS IN FY 1985.
o DURING THE FISCAL YEAR THE PROGRAM ISSUED A FINAL DECISION (PD-4)
ON DBCP (PINEAPPLE USE) AND RODENTICIDAL USES OF COMPOUND 1080,
REQUIRING REGISTRANTS TO GENERATE THE DATA NECESSARY TO SUPPORT
FEDERAL REGISTRATION.
o THE PROGRAM ALSO ISSUED TWO ALTERNATIVES PHASE DOCUMENTS (PD-2/3) ON
CAPTAN AND PENTACHLOROPHENOL (NON-WOOD), AND SEVEN REVIEW PHASE
DOCUMENTS (PD-1).
-------
CHEMICALS CONSIDERED FOR SPECIAL REVIEW ACTIONS IN FY 1985
PD-1 PD-2/3 PD-4
CHLORODIMEFORM *CAPTAN *PENTACHLOROPHENOL (NON-WOOD)
CHLOROTHALONIL ALDICARB (OPTS ISSUED PD-2/3)
*CAPTAFOL CADMIUM CREOSOTE (NON-WOOD)
*CYNAZINE 2,4,5-TCP DICOFOL
ACEPHATE AMITROLE ENDRIN
*TPTH ALAR *ALACHLOR (OPTS ISSUED PD-1)
INORGANIC ARSENICALS
LINURON
CARBON TETRACHLORIDE
ETHYLENE OXIDE
OPTS ALSO COMPLETED SPECIAL REVIEW ACTIONS ON CHEMICALS NOT UNDER
CONSIDERATION AT THE START OF FY 1985:
DINOCAP (PD-1)
CARBOFURAN (PD-1)
DIAZINAN (PD-1)
DBCP (PINEAPPLE USE)(PD-4)
COMPOUND 1080 (PD-4)
*OPTS COMPLETED SPECIAL REVIEW ACTIONS ON THESE CHEMICALS.
-------
PESTICIDE REGISTRATION APPLICATIONS
o AFTER THREE QUARTERS OF A STEADILY INCREASING BACKLOG IN REGISTRATION
APPLICATIONS, THE PROGRAM MANAGED TO REDUCE THE BACKLOG DURING THE
FOURTH QUARTER. IT DROPPED FROM 901 AT THE END OF THE THIRD QUARTER
TO 745.
o THE PROGRAM EXCEEDED IT END-OF-YEAR TARGET IN THREE OUT OF FOUR
REGISTRATION APPLICATION CATEGORIES. NEW CHEMICALS/NEW BIORATIONALS,
AMENDED REGISTRATIONS AND NEW USES WERE ALL AHEAD OF FY 1985
PROJECTIONS. OLD CHEMICALS WERE BELOW THE PROJECTED NUMBER, DUE TO
A LOWER THAN EXPECTED NUMBER OF RECEIPTS.
-------
PESTICIDE REGISTRATION APPLICATIONS
NUMBER OF FY 1985 APPLICATIONS PROCESSED
DURING FOURTH QUARTER
As Of September 30, 1985
SIZE OF BACKLOG
in
§
O
200-1
RECEIPTS. l21
110
3500-1
2.089 1.411
1000-
800-
600-
400-
200 -
/x
84 1 2 3 4
QUARTERS
NO. OF PENDING
APPLICATIONS WHOSE TIME
LIMIT HAS BEEN EXCEEDED
LEGEND
0 ACTUAL
Q PROJECTION
-1 1 -\-
-------
EMERGENCY EXEMPTIONS FOR PESTICIDES
o DURING FY 1985 OPTS PROCESSED 242 ACTIONS ON REQUESTS FOR EMERGENCY
EXEMPTIONS FROM THE NORMAL REQUIREMENTS OF FIFRA (DUE TO PEST OUTBREAKS
WHICH MAY REQUIRE THE USE OF A NON-REGISTERED PESTICIDE). THE
NUMBER OF APPLICATIONS RECEIVED BY OPTS HAS BEEN STEADILY DECLINING
OVER THE PAST TWO YEARS, PRIMARILY DUE TO EPA'S CLOSE SCRUTINY OF
EMERGENCY EXEMPTION REQUESTS.
o OF THE APPLICATIONS PROCESSED, 38 WERE DENIED, 163 AUTHORIZED AND 38
WITHDRAWN.
o OPTS VIRTUALLY ELIMINATED THE BACKLOG, REDUCING IT TO 2.
-1 1 d-
-------
PESTICIDE TOLERANCE PETITIONS
O OPTS RECEIVED A GREATER THAN EXPECTED NUMBER OF TOLERANCE PETITIONS
DURING FY 1985, BUT WAS ABLE TO KEEP PACE WITH THE ADDITIONAL DEMAND,
THE PROGRAM PROCESSED A TOTAL OF 569 ACTIONS, EXCEEDING THE YEARLY
PROJECTION OF 475.
O THE BACKLOG WAS REDUCED FROM 63 AT THE BEGINNING OF THE FISCAL YEAR
TO 42.
O THE AVERAGE TIME FOR PROCESSING A PETITION DROPPED SLIGHTLY FROM 179
DAYS AT THE BEGINNING OF THE FISCAL YEAR TO 177.
-------
TSCA EXISTING CHEMICAL REVIEWS
o OPTS COMPLETED 8 RISK MANAGEMENT ACTIONS THIS FISCAL YEAR,
THREE SHORT OF THE TARGET.
o THE THREE ACTIONS COMPLETED DURING THE FOURTH QUARTER ALL RELATED
TO PCBs.
o AN ANPR ON METHYLENE CHLORIDE WAS COMPLETED BY THE PROGRAM, AND IS
AWAITING PUBLICATION IN THE FEDERAL REGISTER. A SECTION 9 REFERRAL
OF 1,3-BUTADIENE WAS COMPLETED AFTER THE END OF THE FISCAL YEAR.
o TWO ACTIONS SLATED FOR COMPLETION IN FY 1985, A CHEMICAL ADVISORY ON
BURNING USED OIL AND AN NPRM ON ASBESTOS, ARE UNDERGOING ADDITIONAL
REVIEW AND ANALYSIS.
o OF THE 61,500 EXISTING CHEMICALS, OPTS CONSIDERS APPROXIMATELY 15,000
OF CONCERN. MORE THAN 300 CHEMICALS HAVE UNDERGONE AN INITIAL
REVIEW, AND 64 ARE CURRENTLY IN THE EXISTING CHEMICALS PIPELINE.
TO DATE THE PROGRAM HAS TAKEN 23 .FINAL ACTIONS* ON 12 CHEMICALS (13 OF
THESE ACTIONS WERE ON PCB's).
*A final action is an FRM, Section 9 referral or a chemical advisory
_ 1 1 C
-------
DISPOSITION OF CHEMICALS IN THE
EXISTING CHEMICALS PIPELINE
RISK IDENTIFICATION PHASE
NUMBER OF CHEMICALS
IN THIS PHASE AT BEGINNING OF QUARTER
ENTERED DURING THE QUARTER
REFFERED TO NEXT PHASE
DROPPED
REQUIRING FURTHER ANALYSIS
32
6
0
4
.54
RISK EVALUATION PHASE
NUMBER OF CHEMICALS
IN THIS PHASE AT BEGINNING OF QUARTER
ENTERED DURING THE QUARTER
REFFERED TO NEXT PHASE
DROPPED
REQUIRING FURTHER ANALYSIS
15
0
1
0
14
PHASE
IN THIS PHASE AT BEGINNING OF QUARTER
ENTERED DURING THE QUARTER
CUMULATIVE TARGET
CUMULATIVE RISK MANAGEMENT ACTIONS
16
1
11
8
^
^
,^
^
Risk Identification Phase
Entry Review, Problem
Characterization
Risk Evaluation Phase
Info. Gathering and Risk
Analysis
Risk Management Phase
Risk Reduction Analysis
Risk Management Actions
-------
TSCA NEW CHEMICAL REVIEWS
o OPTS MANAGED TO KEEP PACE WITH AN ACCELERATED DEMAND IN NEW CHEMICAL
NOTICES, HANDLING NEARLY 1,600, AN INCREASE OF 400 OVER THE EXPECTED
WORKLOAD.
o THE MAJORITY OF THESE WERE PRE-MANUFACTURE NOTICES, OF WHICH:
- 448 RESULTED IN THE CHEMICAL BEING SUSPENDED, WITHDRAWN, OR
SUBJECT TO AN EPA ORDER;
- 159 WERE REFERRED FOR FOLLOW-UP;
- 1,140 REQUIRED NO FURTHER ACTION.
o THE PROGRAM TOOK THREE NEW CHEMICAL FOLLOW-UP ACTIONS IN THE FOURTH
QUARTER. TWO PROPOSED AND ONE FINAL SIGNIFICANT NEW USE RULES WERE
ISSUED.
o OPTS ALSO MADE 11 FINAL TESTING DECISIONS, MEETING THE INTERAGENCY
TESTING COMMITTEE REQUIREMENTS FOR FY 1985.
-------
REGIONAL TSCA INSPECTION AND COMPLIANCE LEVELS
ASBESTOS-IN-SCHOOLS
o THE REGIONS EXCEEDED THE FY 1985 REVISED TARGET FOR ASBESTOS-IN-
SCHOOLS INSPECTIONS, COMPLETING 2,014 INSPECTIONS (129%) COMPARED TO
1,562 TARGETED FOR THE YEAR. ALL THE REGIONS EXCEEDED THEIR YEAR-END
TARGETS, SEVERAL BY MORE THAN 125%. 88% OF THE INSPECTIONS WERE
CONDUCTED UNDER THE AMERICAN ASSOCIATION OF RETIRED PERSONS GRANT.
o OF THE 2,014 ASBESTOS-IN-SCHOOLS INSPECTIONS:
29% WERE IN COMPLIANCE
62% WERE IN VIOLATION (54% WITH ENFORCEMENT ACTION TAKEN;
8% WITH ENFORCEMENT ACTION PENDING)
9% WERE PENDING A COMPLIANCE DETERMINATION.
(NOTE: AFTER SUBTRACTING CASES PENDING A COMPLIANCE
DETERMINATION AND MINOR VIOLATIONS, THE SIGNIFICANT
VIOLATION RATE HAS STAYED AT 29% OVER THE YEAR.)
-------
REGIONAL TSCA INSPECTION AND COMPUANCE LEVELS
ASBESTOS IN SCHOOLS
As Of September 30, 1985
Inspection Lsvds
Compliance Status
-125+
TARGET
Legend
8X VIOLATION W/ ACTION PENDING
54X CJ VIOLATION W/ ACTION TAKEN
9X tZ3 COMPUANCC OCTCMMINATION PENDING
29X C IN COUPUANCE
RECK
8
-------
REGIONAL TSCA INSPECTIONS AND COMPLIANCE LEVELS
PCS AND OTHER
o THE REGIONS EXCEEDED (118%) THEIR COMBINED YEAR-END TARGET FOR PCB
AND OTHER TSCA INSPECTIONS. OF THE 3,083 INSPECTIONS CONDUCTED, 52%
ARE PCB, AND 48% ARE OTHER TSCA INSPECTIONS.
O OF THESE INSPECTIONS:
51% WERE IN COMPLIANCE
18% WERE IN VIOLATION (11% WITH ENFORCEMENT ACTION TAKEN;
7% WITH ENFORCEMENT ACTION PENDING)
31% WERE PENDING A COMPLIANCE DETERMINATION
BECAUSE A LARGE NUMBER OF INSPECTIONS WERE PENDING A COMPLIANCE
DETERMINATION AT THE END OF THE YEAR, COMPLIANCE LEVELS ARE UNCLEAR;
HOWEVER, OF THOSE INSPECTIONS FOR WHICH A COMPLIANCE DETERMINATION
WAS MADE BY THE END OF THE FOURTH QUARTER (2,110), 74% WERE IN
COMPLIANCE. OVER THE COURSE OF THE YEAR, THIS COMPLIANCE RATE HAS
REMAINED STEADY AT 74-77%.
-------
REGIONAL TSCA INSPECTION AND COMPUANCE LEVELS
PCB AND OTHERS
As Of September 30, 1985
Inspection Levels
Compliance Status
,25-,
-125+
TARGET
Legend
7X § VIOUT10N W/ ACTION PENDING
11* d VIOLATION W/ ACTION TAKEN
six m counuNCE OCTEMMINATION PENDMO
51X (=1 IN COMPLIANCE
RCOIC
I
2
-------
TSCA ENFORCEMENT ACTIVITY
o BY THE END OF THIS YEAR, THE REGIONS ISSUED 727 ADMINISTRATIVE
COMPLAINTS FOR TSCA SIGNIFICANT VIOLATIONS BASED ON INSPECTIONS
CONDUCTED IN FY 1984 AND FY 1985, NEARLY TWICE THE NUMBER (370)
ISSUED LAST YEAR. THE INCREASE CAME IN THE ASBESTOS-IN-SCHOOLS
PROGRAM. 443 (61%) OF COMPLAINTS ISSUED THIS YEAR ARE FOR ASBESTOS-
IN-SCHOOLS VIOLATIONS, COMPARED TO 82 ISSUED LAST YEAR. ALL THE
REGIONS EXCEEDED THEIR FY 1984 TOTALS. REGIONS I, II, IV, VII,
AND X MORE THAN DOUBLED LAST YEAR'S LEVELS.
O THERE WAS ONE CIVIL REFERRAL TO HEADQUARTERS IN THE FOURTH QUARTER,
FROM REGION VIII, FOR A TOTAL OF 6 REFERRALS FOR THE YEAR. LAST YEAR,
THE TOTAL WAS 7.
-------
TSCA ENFORCEMENT ACTIVITY
As Of September 30, 1985
ADMINISTRATIVE COMPLAINTS
I
e
750
-------
RESPONSE TO TSCA SIGNIFICANT NONCOMPLIANCE
o THE REGIONS HAD A BEGINNING-OF-YEAR INVENTORY (FIXED BASE) OF 454
TSCA SIGNIFICANT NONCOMPLIERS. IN THE FOURTH QUARTER THE REGIONS
FELL SHORT OF THEIR COMBINED TARGET, CLOSING 94 CASES (78%) OF THE
TARGET TO CLOSE 121. FOR THE YEAR, THE REGIONS HAVE CLOSED 342
CASES ON THE INVENTORY, ACHIEVING 84% OF THE YEAR-END TARGET. REGIONS
I, II, III, IV AND VII ACHIEVED 95% OR MORE OF THEIR YEAR-END TARGETS.
o IN THE FOURTH QUARTER PROGRESS WAS MADE IN INITIATING ACTIONS
AGAINST NEW TSCA SIGNIFICANT VIOLATORS DISCOVERED BY EPA AND
STATES. OF\i5,097 INSPECTIONS:
91$ (18%)! WERE IN SIGNIFICANT VIOLATION
514 WITH ACTION TAKEN (156 OF THESE CLOSED)
1,1521 WERE PENDING COMPLIANCE DETERMINATION
o AT THE END OF THE YEAR, 458 CASES REMAIN OPEN (100 PRE-FY 1985 CASES
AND 358 NEW CASES), A SUBSTANTIAL INCREASE OVER THE 287 OPEN CASES
ON LAST YEAR'S INVENTORY.
O AT THE BEGINNING OF THE YEAR, TSCA VIOLATIONS HAD BEEN IDENTIFIED
AT 12 FEDERAL FACILITIES. ALL 12 CASES WERE CLOSED BY THE END OF
THE YEAR.
-------
RESPONSE TO TSCA SIGNIFICANT NONCOMPUANCE
As Of September 30,1985
PROGRESS AGAINST
NEW VIOLATORS
PROGRESS AGAINST FIXED BASE
soo
1000-1
BOO
600-
5007 INSPECTIONS
CONDUCTED
u.
o
B
03
2
Z
400-
200-
TAflGET
2
BOY Q1 Q2 Q3
QUARTERS
Legend
CD PRE 85 CLOSED
ID CURRENTLY OPEN
I PENDING ACTION
04
SIONIFKANT AOUtNISTRATtVC CASES
VtOUTOPTS COMPLAINTS CLOSED
oorru issue)
-------
RESPONSE TO SIGNIFICANT NONCOMPLIANCE
ASBESTOS-IN-SCHOOLS
o OF THE 2,014 ILOCAL EDUCATION AGENCIES ( LEAs) INSPECTED:
545 (27%) WERE IN SIGNIFICANT VIOLATION
383 WITH ACTION TAKEN (124 OF THESE CLOSED)
162 WITH ACTION PENDING
-------
RESPONSE TO SIGNIFICANT NONCOMPUANCE
ASBESTOS-IN-SCHOOLS
As Of September 30, 1985
2500 -i
2014
2
LEA* LEAi ADMINISTRATIVE CASES
INSPECTED IN COMPLAINTS CLOSED
VIOLATION ISSUED
-------
FIFRA COMPLIANCE MONITORING INSPECTIONS AND COMPLIANCE LEVELS
(STATE ACTIVITY)
,, j
fi
o DURING !THE FIRST THREE QUARTERS*, THE STATES COMPLETED 35,868 (172%)
VERSUS THE 12,983 FIFRA COMPLIANCE INSPECTIONS TARGETED. ALL REGIONAL
TARGETS WERE EXCEEDED, EXCEPT If REGION VI. REGION VI REPORTS ONLY
GRANT-FUNDED INSPECTIONS; IT EXPECTS ITS STATES WILL MEET YEAR-END
COMMITMENTS IN THE FOURTH QUARTER.
O THE STATES REPORTED 5,225 ENFORCEMENT ACTIONS IN THE FIRST THREE
QUARTERS*, REPRESENTING A VIOLATION LEVEL OF 15% OF INSPECTIONS
COMPLETED. THE REMAINING 85% OF INSPECTIONS ARE EITHER PENDING
FURTHER ACTION OR RESULTED IN NO ACTION; THEREFORE, ACTUAL COMPLIANCE
LEVELS ARE UNCLEAR.
*STATE DATA IS LAGGED ONE QUARTER.
-------
F1FRA COMPLIANCE MONITORING INSPECTIONS AND COMPLIANCE LEVELS
(STATE ACTIVITY)
As Of June 30, 1985
Inspection L*v«4s
-125+
'ARGET
35.8M
INSPECTIONS
CONDUCTED
Compliance Status
3
Legend
OX § VIOLATION W/ ACTION TAKEN
85X C3 NO ACTION WARRANTED
OR COMPLIANCE
DETERMINATION PENDING
I II III IV
2
-------
1
RESPONSE TO FIFRA SIGNIFICANT NONCOMPLIANCE
(EPA)
o THE REGIONS HAD A BEGINNING-OF-YEAR INVENTORY OF 257 SIGNIFICANT
NONCOMPLIERS (FIXED BASE). 57 OPEN CASES WERE CLOSED IN THE FOURTH
QUARTER, 105% OF THE REGIONS' QUARTERLY TARGET. IN TOTAL, THE
REGIONS CLOSED 242 CASES ON THE INVENTORY THIS YEAR, EXCEEDING THEIR
END-OF-YEAR TARGET TO CLOSE 236. 15 CASES REMAIN OPEN. ALL REGIONS
ACHIEVED 90% OR BETTER OF THEIR REGIONAL END-OF-YEAR TARGETS.
o GOOD PROGRESS WAS ALSO MADE AGAINST NEW SIGNIFICANT VIOLATORS DISCOVERED
BY EPA AND STATES. OF 299 SIGNIFICANT VIOLATIONS DETECTED THIS YEAR,
172 HAVE RECEIVED ADMINISTRATIVE COMPLAINTS AND 74 OF THESE HAVE BEEN
CLOSED, LEAVING 98 CASES OPEN.
O THE REGIONS ARE DOING WELL IN CLOSING FIFRA SIGNIFICANT NONCOMPLIER
CASES. COMPARED TO THE INVENTORY OF 214 OPEN CASES AT THE END OF
FY 1984, AT THE END OF THIS YEAR, 113 CASES REMAIN OPEN (15 PRE-FY
1985 CASES AND 98 NEW CASES).
-------
RESPONSE TO FIFRA SIGNIFICANT NONCOMPUANCE
As Of September 30, 1985 (EPA ACTIVITY)
PROGRESS AGAINST FIXED BASE
PROGRESS AGAINST
NEW VIOLATORS
300
m
I
£
300-
1647 INSPECTIONS
CONDUCTED
TAftGCT
BOY
Q1 02 Q3
QUARTERS
Legend
CH PRE 85 CASES CLOSED
K3 CURRENTLY OPEN
i PENDING ACTION
SIONinCAKT AOUINISnUTIVC CASCX
VIOLATORS COMPLAINT* CtOWD
orrccm nsuco
-------
FIFRA ENFORCEMENT ACTIVITY
EPA AND STATES
o IN THE FOURTH QUARTER, THE REGIONS INITIATED 62 ADMINISTRATIVE
COMPLAINTS FOR SIGNIFICANT VIOLATIONS FOR A TOTAL OF 236 FOR
THE YEAR. THIS IS SLIGHTLY UNDER LAST YEAR'S TOTAL OF 272
FOR THE YEAR. THE STATES REPORTED INITIATING 47 CASES IN THE
THIRD QUARTER* FOR A TOTAL OF 199.
- REGIONS VII AND VIII, HAVING THE ONLY NON-DELEGATED STATE
PROGRAMS, ISSUED 54 AND 35 COMPLAINTS RESPECTIVELY.
- REGIONS IV AND IX, WITH DELEGATED STATE PROGRAMS, ISSUED 50
AND 40 COMPLAINTS RESPECTIVELY.
O THE NUMBER OF EPA CIVIL JUDICIAL REFERRALS TO HEADQUARTERS WAS
10 FOR THE YEAR. ONE NEW REFERRAL,CAME IN THE FOURTH QUARTER.
THE STATES REPORTED 23 CRIMINAL ACTIONS IN THE THIRD QUARTER*
FOR A TOTAL OF 112.
STATE DATA LAGGED ONE QUARTER.
-------
FIFRA ENFORCEMENT ACTIVITY
EPA AND STATES
Reported As Of September 30, 1985
ADMINISTRATIVE COMPLAINTS
400
JUDICIAL ACTIVITY
125-
100 -\
O
§
75^
i
z
UJ 50H
2
3 2*-
8
1
£
Legend QUARTERS
C=l STATES
I EPA
QUARTERS
Legend
C3 STATE CRIMINAL ACTIONS
I EPA CIVIL REFERRALS
-------
OFFICE OF ENFORCEMENT AND COMPLIANCE MONITORING
-------
CIVIL ACTION PROCESSING TIME
o OECM REVIEW AND FORWARDING OF CIVIL REFERRALS TO DEPARTMENT OF
JUSTICE REMAINED STEADY IN THE FOURTH QUARTER WITH 55 CASES REFERRED
AFTER AN AVERAGE REVIEW TIME OF 32 DAYS. THE TARGETED AVERAGE
REVIEW TIME IS 35 DAYS.
O A TOTAL OF 215 CIVIL REFERRALS WERE PROCESSED AND FORWARDED TO THE
DEPARTMENT OF JUSTICE IN AN AVERAGE OF 32 DAYS DURING FY 1985.
REFERRALS HAVE RISEN STEADILY OVER THE PAST THREE YEARS WHILE THE
AVERAGE OECM REVIEW TIME HAS BEEN REDUCED MORE THAN 50 PERCENT.
REGIONAL REFERRAL ACTIVITY AND LEGAL SUFFICIENCY OF CASES
O REGIONAL REFERRAL ACTIVITY LEVEL ROSE SHARPLY IN THE FOURTH QUARTER:
- REGIONS MADE 109 NEW CIVIL REFERRALS TO HEADQUARTERS AND 18 DIRECT
REFERRALS TO DEPARTMENT OF JUSTICE.
- REGIONS REFERRED 20 NEW CRIMINAL CASES TO HEADQUARTERS.
o CIVIL AND CRIMINAL REFERRAL ACTIVITY HAS RISEN STEADILY OVER THE
PAST THREE YERAS.
- 321 NEW CIVIL CASES WERE INITIATED IN FY 1985 COMPARED TO 260
IN FY 1984 AND 156 IN FY 1983.
- 44 CRIMINAL REFERRALS WERE MADE DURING FY 1985 COMPARED TO 35 IN
FY 1984 AND 22 IN FY 1983.
o NO CIVIL CASES WERE DECLINED BY DEPARTMENT OF JUSTICE OR U.S. ATTORNEY
IN FY 1985. ONE CASE WAS DECLINED BY HEADQUARTERS. 21 CASES WERE
WITHDRAWN BY REGIONS AND 14 WERE WITHDRAWN BY HEADQUARTERS.
o IN FY 1985 NINE CRIMINAL CASES WERE DECLINED BY DEPARTMENT OF JUSTICE DUE TO
INSUFFICIENT EVIDENCE AFTER AN INVESTIGATIVE GRAND JURY WAS INITIATED.
ONE PROPOSED REFERRAL WAS REJECTED BY HEADQUARTERS.
-------
CONCLUSION OF CIVIL CASES
o 359 CIVIL CASES WERE PENDING AT THE DEPARTMENT OF JUSTICE OR
FILED IN COURT AS OF 10/1/84. 101 OF THESE CASES HAVE BEEN
ON-GOING MORE THAN TWO YEARS SINCE REFERRAL TO DEPARTMENT OF
JUSTICE. TO DATE THIS FISCAL YEAR:
- 18 OF THESE CASES HAVE BEEN WITHDRAWN/DECLINED BY EPA OR
THE DEPARTMENT OF JUSTICE.
- 215 OF THESE CASES ARE NOW FILED IN U.S. COURT.
- 109 OF THESE CASES HAVE BEEN CONCLUDED AFTER FILING.
- 17 OF THESE CASES ARE STILL PENDING AT DEPARTMENT OF JUSTICE
o 247 NEW CIVIL CASES HAVE BEEN REFERRED TO THE DEPARTMENT OF
JUSTICE DURING FISCAL YEAR 1985. TO DATE:
- 6 OF THESE CASES HAVE BEEN WITHDRAWN/DECLINED BY EPA OR THE
DEPARTMENT OF JUSTICE.
- 117 OF THESE CASES HAVE BEEN FILED IN U.S. COURT.
- 18 OF THESE CASES HAVE BEEN CONCLUDED AFTER FILING.
- 106 OF THESE CASES ARE PENDING AT THE DEPARTMENT OF JUSTICE.
CONCLUSION OF CRIMINAL CASES
o 68 CRIMINAL CASES HAVE BEEN CONCLUDED THIS FISCAL YEAR.
-140-
-------
PROGRESS IN CONCLUDING CIVIL CASES
As Of September 30,1985
CONCLUSION OF CIVIL CASES
PENDING AS OF OCTOBER 1, 1984
400
3
BOY
1 2 3
QUARTERS
Legend
E2 CASES CONCLUDED
1O CASES FILED IN COURT
C~_D CASES WITHDRAWN/DECLINED
i CASES PENDING AT OOJ
2SO-,
CONCLUSION OF NEW FY-1985
REFERRALS TO DOJ
-------
CONSENT DECREE TRACKING
STATUS AS OF 9/30/85
o THE NUMBER OF REPORTED ACTIVE CONSENT DECREES HAS INCREASED BY 23%
SINCE THE BEGINNING OF THE FISCAL YEAR. OVERALL, NON-COMPLIANCE AND
VIOLATIONS AGAINST WHICH NO ACTION HAS BEEN TAKEN HAVE DECREASED
SLIGHTLY.
O THE REGIONS REPORTED THAT AS OF THE END OF FOURTH QUARTER THERE WERE
282 ACTIVE FEDERAL CONSENT DECREES. OF THESE DECREES, 206 (73%)
WERE REPORTED IN COMPLIANCE AND 76 (27%) WERE REPORTED IN VIOLATION.
- 47 (62%) OF THE 76 DECREES REPORTED IN VIOLATION HAVE HAD A
CONTEMPT ACTION REFERRED, A DECREE MODIFICATION REFERRED, OR
STIPULATED PENALTIES COLLECTED.
- 29 (38%) OF THE 76 DECREES HAVE NOT YET HAD ANY FORMAL
ENFORCEMENT ACTION INITIATED. 24 OF THESE DECREES REMAIN OUT OF
COMPLIANCE SINCE THE END OF THE PREVIOUS QUARTER.
-------
100-1
0)
0)
s
80
60-
40-
20-
CONSENT DECREE TRACKING (EPA DECREES ONLY)
As Of September 30, 1985
100
IV
VII VIII IX
V VI
REGIONS
| I In compliance with the terms of the decree
In violation with formal enforcement action Initiated
In violation with no formal enforcement action Initiated
National Summary
1234
QUARTERS
-------
OFFICE OF RESEARCH AND DEVELOPMENT
-------
OFFICE OF RESEARCH AND DEVELOPMENT
END-OF-YEAR HIGHLIGHTS
o ORD DELIVERED 59, OR 76%, OF ITS 78 FY 1985 RESEARCH COMMITMENTS ON
OR AHEAD OF SCHEDULE. 14 PROJECTS WERE COMPLETED AFTER SIGNIFICANT
DELAYS. ONLY 5 PROJECTS REMAIN TO BE COMPLETED DURING FY 1986.
O 8 OF THE 11 FINAL HEALTH ASSESSMENT DOCUMENTS (HADs) ON HAZARDOUS
AIR POLLUTANTS WERE DELIVERED TO' THE OFFICE OF AIR AFTER SIGNIFICANT
DELAY. ALL 8 TIER I SUMMARIES OF HADs FOR HAZARDOUS AIR POLLUTANTS
WERE COMPLETED ON OR AHEAD OF SCHEDULE.
o ALL 11 WATER QUALITY CRITERIA DOCUMENTS WERE COMPLETED ON SCHEDULE.
o AFTER SOME DELAYS, ORD MET ITS COMMITMENTS FOR IMPLEMENTING THE
QUALITY ASSURANCE PROGRAM. IN FY 1985 ORD, IN CONJUCTION WITH THE
PROGRAM OFFICES, COMPLETED BOTH A REGIONAL AND A HEADQUARTERS'
MANAGEMENT SYSTEM AUDIT AND NEGOTIATED SCHEDULES FOR THE
DEVELOPMENT OF DATA QUALITY OBJECTIVES.
o RESEARCH FOR THE ACID PRECIPITATION TASK FORCE PROCEEDED ON SCHEDULE
AFTER SOME DELAYS.
-------
OFFICE OF RESEARCH AND DEVELOPMENT
FOURTH QUARTER SPMS
CLIENT PROGRAM
ITEM
STATUS
INTERAGENCY TASK
FORCE ON ACID
PRECIPITATION
ACID DEPOSITION RESEARCH
THE STATUS REPORT ON THE
LIMESTONE INJECTION
MULTISTAGE BURNER (LIMB)
WAS DELIVERED TO CONGRESS
ON SCHEDULE.
THE "DIRECT/DELAYED"
RESPONSE RESEARCH PLAN
WAS SUBMITTED TO OAR
4 MONTHS BEHIND SCHEDULE.
OAR
HEALTH ASSESSMENT
DOCUMENTS (HAD)
ON HAZARDOUS AIR
POLLUTANTS
5 OF THE 6 FINAL REPROPOSALS
ON RISK ASSESSMENT GUIDELINES
(CANCER, REPRODUCTIVE,
MUTAGENICITY, EXPOSURE,
COMPLEX MIXTURES) WERE
COMPLETED ON TIME. THE
SCHEDULE FOR SYSTEMIC
TOXICANTS IS BEING REVISED.
FINAL HEALTH ASSESSMENTS
ON METHYLENE CHLORIDE,
CHLOROFORM, ETHYLENE
DICHLORIDE AND DIOXIN
WERE COMPLETED
SIGNIFICANTLY BEHIND
SCHEDULE. EXTERNAL REVIEW
DRAFT ON NICKEL WAS RELEASED
AFTER 6 MONTHS DELAY.
-------
CLIENT PROGRAM
ITEM
STATUS
OAR
OAR
OPERATION AND
MAINTENANCE OF LIME/
LIMESTONE FLUE-GAS
DESULFURIZATION SYSTEMS
ON COAL-FIRED BOILERS
EMISSION CHARACTERISTICS
OF INDUSTRIAL RELIEF/
SAFETY SYSTEMS
INSPECTION MANUAL
COMPLETED ON TIME.
REPORTS COMPLETED
ON TIME.
OAR
OAR
OAR
EPA COMPLEX TERRAIN
MODEL DEVELOPMENT
CARDIAC RESPONSE IN
PATIENT WITH ISCHEMIC
HEART DISEASE EXPOSED
TO CO
DEPOSITION OF INSOLUBLE
PARTICLES IN THE LUNGS
OF SMALL ANIMALS
REPORT COMPLETED
ON TIME.
JOURNAL ARTICLES
PUBLISHED ON TIME,
JOURNAL ARTICLES
PUBLISHED ON TIME.
OAR
AIR TOXICS
SYSTEMS
MONITORING
REPORT ON DESIGN AND
OPERATION OF SYSTEM
COMPLETED ON TIME.
OW
THREE POST-CONSTRUCTION
EVALUATIONS OF INNOVATIVE/
ALTERNATIVE TECHNOLOGIES
REPORTS COMPLETED
ON TIME.
-------
CLIENT PROGRAM
ITEM
STATUS
OW
OW
OW
OW
OW
OW
OW
OW
WATER QUALITY CRITERIA
DOCUMENTS
REMOVAL OF TURBIDITY,
COLIFORMS, AND GIARDIA
CYSTS BY VARIOUS
FILTRATION PROCESSES
INFLUENCE OF CORN OIL
VEHICLE ON TOXICITY OF
LOW MOLECULAR WEIGHT
HYDROCARBONS
COST ESTIMATING HANDBOOK
FOR SLUDGE DISPOSAL
PRACTICES
HEALTH APPRAISAL OF
SLUDGE APPLICATION
HUMAN HEALTH HAZARD/RISK
ASSESSMENT
METHODS FOR MEASURING
CHRONIC TOXICITY OF
EFFLUENTS ON FRESH WATER
ORGANISMS
FIELD STUDIES VALIDATING
THE INTEGRATION OF SINGLE
POLLUTANT CRITERIA AND
COMPLEX EFFLUENT
APPROACHES
DOCUMENTS ON ALL 11
COMPOUNDS WERE COMPLETED
ON TIME.
REPORT COMPLETED ON
TIME.
REPORT COMPLETED ON
TIME.
HANDBOOK COMPLETED
ON TIME.
REPORT COMPLETED ON
TIME.
METHODOLOGY AND
GUIDELINES COMPLETED
ON TIME.
MANUAL COMPLETED ON
TIME.
REPORT COMPLETED ON
TIME.
-------
CLIENT PROGRAM
ITEM
STATUS
OSWER
IMPLEMENTATION OF THE
DIOXIN STRATEGY
OSWER
OSWER
OSWER
OSWER
OPTS
OPTS
OPTS
EVALUATION OF VOLATILE
ORGANIC STACK SAMPLING
TRAIN
LINER COMPATIBILTIY
GUIDANCE
SINGLE LABORATORY
EVALUATION OF MOBILITY
TEST FOR ORGANICS IN
SOLID WASTE
PROTOTYPE OF LONG-TERM,
SELF-CONTAINED PROTECTIVE
ENSEMBLE FOR PERSONNEL
WORKING ON SITES
USE OF MODEL SUBSTRATE
ASSAY IN DEVELOPMENT
TOXICOLOGY
PER CUTANEOUS ABSORBTION
OF SELECTED PESTICIDES
AND OTHER TOXIC SUBSTANCES
AS A FUNCTION OF AGE
STRUCTURE ACTIVITY
RELATIONSHIP (SAR) METHODS
TO PREDICT MODE OF TOXIC
ACTION OF PMN CHEMICALS
THE ANALYTICAL PROTOCOL
FOR 2,3,7,8 TCDD IS
BEHIND SCHEDULE AND IS
EXPECTED TO BE COMPLETED
BY 12/31/85.
REPORT IS BEHIND SCHEDULE
AND IS EXPECTED BY 12/31/85
HANDBOOK ISSUED ON TIME.
EVALUATION IS BEHIND
SCHEDULE AND IS EXPECTED
BY 3/31/86.
PROTOTYPE COMPLETED
ON TIME.
REPORT COMPLETED 5 MONTHS
BEHIND SCHEDULE.
ASSESSMENT COMPLETED ON
TIME.
REPORT IS BEHIND SCHEDULE
AND IS EXPECTED BY 10/31/85
-------
CLIENT PROGRAM
ITEM
STATUS
INTERAGENCY
COMMITTEE ON
INDOOR AIR
QUALITY
ALL PROGRAMS
ALL PROGRAMS
ALL PROGRAMS
EPA1s INDOOR AIR
QUALITY RESEARCH
QUALITY ASSURANCE
IMPLEMENTATION
COMPETITVE RESEARCH
GRANTS AND CENTERS
PROGRAM
FIRST YEAR ACTIVITES OF
THE INTEGRATED CANCER
PROJECT
STATUS REPORT DELIVERED
ON TIME.
MANAGEMENT SYSTEMS AUDIT OF
REGION IV COMPLETED ON TIME.
ANNUAL REPORTS ON EXPLORATORY
RESEARCH, RESEARCH CENTERS,
AND THE VISITING SCIENTISTS
PROGRAMS WERE COMPLETED ON TIME,
REPORT COMPLETED ON TIME.
-------
OFFICE OF ADMINISTRATION AND RESOURCES MANAGEMENT
-------
PROCUREMENT SERVICE STANDARDS
o DURING THE FOURTH QUARTER, OARM AWARDED 64% OF EPA'S MAJOR NEGOTIATED
CONTRACTS WITHIN THE PROCESSING TIME TARGET, DURING AN END-OF-YEAR
WORKLOAD INCREASE OF NEARLY 100%. DELAYS WERE UP 6% FROM SECOND
QUARTER.
- IN FISCAL YEAR 1985, SIXTY-EIGHT PERCENT OF THE 237 NEW COMPETITIVE
CONTRACTS WERE AWARDED WITHIN THE STANDARD OR NEGOTIATED SCHEDULE.
SIX PERCENT OF NEW COMPETITIVE CONTRACTS WERE DELAYED WITHIN OARM.
- IN FY 85, SEVENTY PERCENT OF THE 102 NEW SOLE SOURCE CONTRACTS
WERE AWARDED ON TIME. TEN PERCENT OF THE CONTRACTS WERE HELD UP
IN OARM. TWENTY PERCENT FELL BEHIND IN OFFICES EXTERNAL TO OARM.
THESE CONTRACTS REPRESENT A FRACTION OF THE TOTAL $619M OBLIGATED
IN FY 85 BY PCMD. UNDER NEW COMPETITIVE CONTRACTS, $39.4M WAS
OBLIGATED; UNDER NEW SOLE SOURCE, $12.6M. THE MAJORITY OF
OBLIGATED FUNDS WENT OUT UNDER "MODIFICATIONS," SUCH AS DELIVERY
ORDERS AND EXTENSIONS.
o EIGHTY-EIGHT PERCENT OF ALL SMALL PURCHASES WERE AWARDED WITHIN
THE STANDARD. PERFORMANCE WAS UP 10% FROM SECOND QUARTER AND DOWN
2% FROM THIRD QUARTER, WHILE WORKLOAD INCREASED 40% FROM THIRD
QUARTER (TO OVER 3600 ACTIONS).
-156-
-------
PROCUREMENT SERVICE STANDARDS
NEW CONTRACTS AWARDED DURING QUARTER
As Of September 30, 1985
COMPETITIVE
SOLE SOURCE
CQ
2
D
Z
§
O
QUARTERS
LEGEND
fi
m
50-i
40 H
30 H
1234
QUARTERS
I | OARM DELAYS
DELAYS EXTERNAL TO OARM
COMPLETED WITHIN STANDARD OR NEGOTIATED SCHEDULE
_ 1 n n
-------
PERSONNEL SERVICE STANDARDS
O OARM HAS MAINTAINED IN FOURTH QUARTER NEARLY ALL OF PERSONNEL'S
STRONG PERFORMANCE LAST QUARTER. THE WORKLOAD OF RECRUITMENT AND
NON-COMPETITIVE ACTIONS FELL 16% FROM THE YEAR'S HIGH LAST QUARTER.
O DURING THE FOURTH QUARTER, OARM PROCESSED 1,689 PERSONNEL ACTIONS AND
MET THE TOTAL PROCESSING TIME STANDARD ON NINETY-FIVE PERCENT
UP 25% FROM FIRST QUARTER.
O OARM COMPLETED ITS WORK WITHIN THE STANDARD FOR 95% OF THE INTERNAL
RECRUITMENT ACTIONS. EIGHTY-TWO PERCENT OF THE QUARTER'S ACTIONS
MET THE TOTAL PROCESSING TIME STANDARD.
o OARM COMPLETED ITS WORK WITHIN THE STANDARD FOR 100% OF THE EXTERNAL
RECRUITMENT ACTIONS IN THE THIRD AND FOURTH QUARTERS. NINETY-FOUR
PERCENT OF THE QUARTER'S ACTIONS MET THE TOTAL PROCESSING TIME
STANDARD BETTER THAN IN ALL PREVIOUS QUARTERS.
o OARM COMPLETED ITS WORK WITHIN THE STANDARD FOR 97% OF THE NON-
COMPETITIVE ACTIONS DOWN 2% FROM LAST QUARTER. NINETY-SIX PERCENT
OF THE QUARTER'S ACTIONS MET THE TOTAL PROCESSING TIME STANDARD.
-158-
-------
PERSONNEL SERVICE STANDARDS
NUMBER OF ACTIONS COMPLETED DURING QUARTER
As Of September 30, 1985
RECRUITMENT ACTIONS
INTERNAL EPA
RECRUITMENT ACTIONS
EXTERNAL 0PM
NON-COMPETITIVE
ACTIONS
If)
I
UJ
O
234
QUARTERS
120-1
100-
80-
60-
40-
20-
1234
QUARTERS
LEGEND
| | OAftU DELAYS
0PM DELAYS
CUCHT PKOCMAU OFTICC DELAYS
COttfifTfO WITHIM JTANDAND SCHEDULE
1234
QUARTERS
-------
GRANTS SERVICE STANDARDS
o OARM SHOWED STEADY PERFORMANCE IN THIS AREA DURING FISCAL YEAR 1985:
EIGHTY-FOUR PERCENT OF THE GRANTS AND COOPERATIVE AGREEMENTS IN
FOURTH QUARTER WERE AWARDED WITHIN TARGET DOWN 2% SINCE FIRST
QUARTER, ALTHOUGH THE END-OF-YEAR WORKLOAD WAS ABOUT SIX TIMES
THAT IN FIRST QUARTER.
SEVENTY-FIVE PERCENT OF THE INTERAGENCY AGREEMENTS IN FOURTH QUARTER
WERE AWARDED WITHIN TARGET. SEVENTY-SIX PERCENT OF THIS YEAR'S
731 lAGs MET THE DEADLINE.
SEVENTY-TWO PERCENT OF FOURTH QUARTER'S DETERMINATIONS FOR REQUESTS
FOR DEVIATION FROM REGULATORY REQUIREMENTS WERE PREPARED WITHIN
TARGET. EIGHTY PERCENT OF THIS YEAR'S 93 DEVIATION DETERMINATIONS
WENT THROUGH ON TIME.
- ONE HUNDRED PERCENT OF THE YEAR'S 64 DETERMINATIONS IN SUSPENSION/
DEBARMENT CASES WERE ISSUED WITHIN TARGET.
-------
m
oo
GRANTS SERVICE STANDARDS
NUMBER OF ACTIONS COMPLETED DURING QUARTER
As Of September 30, 1985
AWARD GRANTS OR AWARD INTERAGENCY
COOPERATIVE AGREEMENTS AGREEMENTS
fi
m
250-1
200-
150-
100-
1234
QUARTERS
234
QUARTERS
LCGENO
ACnOHS COMPUTED CrOND TAAMT
ACnOM COMFiXTU WITMIN TAHMT
PREPARE DETERMINATION
FOR DEVIATION FROM
REGULATORY REQUIREMENTS
ISSUE DETERMINATION IN
SUSPENSION/DEBARMENT CASES
fi
CO
2 10-
1234
QUARTERS
1234
QUARTERS
-------
AUDIT RESOLUTION WORKLOAD AND CLOSE-OUTS
o UNDBR INCREASING WORKLOAD DURING THE LAST HALF OF THE YEAR, THE
REGIONS MANAGED TO REDUCE THE BACKLOG OF OVERDUE AUDIT RESOLUTIONS.
o OARM RESOLVED 159 AUDITS DURING THE FOURTH QUARTER, BRINGING THE
YEAR'S TOTAL TO 560 AUDITS.
o NATIONALLY, THE BACKLOG OF AUDITS OVER SIX MONTHS DUE DECLINED 50%
FROM LAST QUARTER AND 60% SINCE FIRST QUARTER. REGION III'S BACKLOG
HAS BEEN SIGNIFICANTLY REDUCED THIS YEAR, BUT NEARLY HALF THE NATIONAL
BACKLOG (6 of 13 AUDITS) REMAINS IN REGION III.
o THE NUMBER OF PENDING AUDITS IS HIGHER THAN IN THE PAST FIVE QUARTERS.
AT THE END OF FY 85, 246 AUDITS WERE UNRESOLVED, COMPARED TO 230
AT THE END OF FY 84.
-------
AUDIT RESOLUTION WORKLOAD AND CLOSE-OUTS
As Of September 30, 1985
m
00
o
UJ
(/)
2
O
300 -i
a:
LiJ
9/30/34 17/31/34
3/31/3';
6/ 50/3r)
LEGEND
MM*' -f ^4-'!* pAS1PU[ (oyj' 1BQ DAYS AT CNR Of Q
Nu-nb»r of Aud'lj RtSOLVFD dut'~g u'«»vious qua-Ur
Nu^ij^r o( Aud'ls RECtlVfD dur'~g previous quc'lgr
9/30/35
l
-------
ADP SERVICE STANDARDS
O DURING ALL OF FY 85 OARM EXCEEDED ITS TARGET FOR INTERACTIVE
PROCESSING SERVICE TIME BY 5% to 7%.
O THE PERCENTAGE OF BATCH PROCESSING JOBS COMPLETED ON TIME FELL
FROM 92% LAST QUARTER TO 82% THIS QUARTER.
o THERE WERE ONLY FOUR SYSTEM FAILURES DURING THE FOURTH QUARTER,
VJELL WITHIN THE NUMBER ALLOWED BY THE STANDARD. THE STANDARD FOR
1986 HAS BEEN HALVED TO 24 FAILURES PER QUARTER.
-------
ADP SERVICE STANDARDS
As Of September 30, 1985
SERVICE TIME
SYSTEM FAILURES
100 n
m
.00
ui
to
o
1 2 3
QUARTERS
LEGEND
x/ BATCH PROCESSING
INTERACTIVE PROCESSING
50-i
TARGET
UL
30-
O 20-]
e
m
10-
ALLDWABLE
FAILURES 48
QUARTERS
-------
OFFICE OF POLICY, PLANNING AND EVALUATION
-------
OFFICE OF POLICY, PLANNING AND EVALUATION
RED BORDER REVIEW DEADLINES
o 57 RED BORDER ACTIONS WERE RECEIVED FOR REVIEW BY OPPE DURING FOURTH
QUARTER.
52 RED BORDER REVIEWS (91%) WERE COMPLETED BY OPPE WITHIN THREE
WEEKS, EXCEEDING THEIR TARGET OF 75%.
THE FIVE REMAINING REVIEWS WERE COMPLETED WITHIN THE FOUR-WEEK
DEADLINE.
o 169 OF THE 174 RED BORDER REVIEWS THIS FISCAL YEAR, 97%, HAVE BEEN
COMPLETED WITHIN THREE WEEKS. ALL THE REMAINING REVIEWS WERE
COMPLETED WITHIN FOUR WEEKS.
-------
MEETING PROGRAM COMMITMENTS
ITEM
STATUS
o COMPLETE PULP AND PAPER BCT EFFLUENT
GUIDELINE BENEFIT ANALYSIS FOR OW BY
9/85.
ANALYSIS WAS COMPLETED ON
SCHEDULE.
o COMPLETE FINAL REPORT ON ACID RAIN
IMPACTS ON MATERIALS FOR ORD BY 9/85
FINAL REPORT WAS COMPLETED
ON SCHEDULE.
O ISSUE REPORT ON VALUING THE EFFECTS
OF IMPROVED VISIBILITY IN EASTERN
UNITED STATES BY 7/85.
REPORT WAS ISSUED ON SCHEDULE
-------
MEETING PROGRAM COMMITMENTS
ITEM
STATUS
o DEVELOP GROUNDWATER CONTAMINATION
RISK ANALYSIS MODEL FOR GROUND-
WATER PROTECTION STEERING COMMITTEE
BY 8/85.
ANALYSIS IS EXPECTED TO
BE COMPLETED IN FINAL ON
11/30/85.
PREPARE SUMMARY REPORT OF TOXICS
DISTRIBUTION ACROSS GEOGRAPHIC
SITES FOR THE ADMINISTRATOR BY 8/85
REPORT WAS NOT PREPARED ON
SCHEDULE, BUT IS EXPECTED
TO BE COMPLETED ON 1/86.
-------
OFFICE OF EXTERNAL AFFAIRS
-------
SECTION 309 ENVIRONMENTAL ASSESSMENT REVIEW
o IN FOURTH QUARTER, EPA REVIEWED 110 DRAFT AND FINAL EISs, AND
IDENTIFIED SUBSTANTIVE PROBLEMS WITH 51 OF THE 83 (OR 61%) DRAFT
EISs REVIEWED.
o DURING THE FOURTH QUARTER, THE REGIONS AND HEADQUARTERS PARTICIPATED
IN 424 SUBSTANTIVE EARLY COORDINATION ACTIONS WITH OTHER FEDERAL
AGENCIES (UP 50% SINCE SECOND QUARTER) IN AN EFFORT TO IDENTIFY AND
RESOLVE ENVIRONMENTAL PROBLEMS PRIOR TO WRITING THE EIS. EPA HELD
41 FOLLOW-UP MEETINGS TO IHSCUSS CONCERNS ABOUT PROBLEM EISs.
o DURING FY 1985, EPA'S ENVIRONMENTAL CONCERNS WERE RESOLVED IN 59 OF
93 (OR 63%) OF EISs THAT HAD BEEN IDENTIFIED AS PROBLEM CASES.
-------
SECTION 309 ENVIRONMENTAL REVIEWS OF MAJOR FEDERAL PROJECTS
As Of September 30, 1985
PROJECT ACTIVITY,
400-1
300-
o
6
_
O
fi
CD
m
oo
O
200-
100-1
PROJECT RESOLUTION
2 3
QUARTERS
LEGEND
HH PMC-CIS COORDINATION ACTIONS
[\Vi FINAL AND DRAFT CIS* REVIEWED
I ] MEETINGS TO DISCUSS EPA CONCERNS
617. OF DRAFT EISs IDENHFIED
AS PROBLEM CASES
2 3
QUARTERS
LEGEND
Q PMOILCM CIS*
CISi RESOLVED
63% OF FINAL EIS
PROBLEM CASES RESOLVED
-------
SECTION 404 PERMIT REVIEW
o FOR THE PAST TWO YEARS, EPA HAS CONSISTENTLY VOICED CONCERN ABOUT
25% TO 30% OF PERMIT APPLICATIONS IT REVIEWS. DURING THE FOURTH
QUARTER, EPA RAISED SIGNIFICANT ISSUES FOR 30% OF THE 1,766 SECTION
404 PERMIT APPLICATIONS REVIEWED.
o SINCE 1984 THE CORPS OF ENGINEERS HAS CONSISTENTLY ACCEPTED BETWEEN
80% AND 95% OF EPA COMMENTS IN THE APPLICATION PROCESS, MODIFYING OR
DENYING PERMITS AT EPA SUGGESTION. THE CORPS HAS ISSUED PERMITS FOR
70% TO 90% OF ALL APPLICATIONS RECEIVED. OF THE 403 PENDING
APPLICATIONS WHICH THE CORPS ACTED ON IN FOURTH QUARTER 1985, THE
CORPS:
- ACCEPTED 372 (91%) OF EPA'S RECOMMENDATIONS DENYING 43 PERMITS
AND MODIFYING .329.
- OVERRULED 37 EPA RECOMMENDATIONS AND ISSUED PERMITS.
ISSUED.PERMITS FOR 90% OF APPLICATIONS ACTED ON.
o SIXTY-FIVE APPLICATIONS WERE WITHDRAWN, BRINGING THE TOTAL NUMBER
OF FOURTH QUARTER RESOLUTIONS TO 474.
o THE NUMBER OF APPLICATIONS WAITING FOR 'A CORPS DECISION AFTER EPA
REVIEW CONTINUES TO RISE, FROM 200 IN EARLY 1984 TO OVER 500. AT
THE END OF FOURTH QUARTER, 565 REVIEWS WITH SIGNIFICANT ISSUES
REMAINED UNRESOLVED.
-------
< « t
2400-
2100-
1800
1500-
1200
900-
600
300
n-
R
IN
m
ui
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O
SECTION 404 PERMIT REVIEWS
As Of September 30, 1985
PERMIT APPLICATIONS REVIEWED BY EPA
1 0 84 2 0 84 J Q 84 4 Q 84 1 Q 85 2 0 85 3 Q 85 4 Q 85
RIVICWS IN WHICH CTA HMitt SIAMinCANT ISSUU
rorw. rcuMir AmjCAnoNi nwtwio CACH OOAHTM
CORPS OF ENGINEERS RESPONSE TO EPA COMMENTS
1 Q 84 2 Q 84 J Q 84 4 Q 84 1 Q 85 2 Q 85 J 0 85 4 Q 85
CVI PMCtMT AfPUCAHONS OCNKO 1Y COC
I KMCCNT PMMITS ISSUCO WITH tPA UOOinCATIOMS OM OCHICO KM tfA MCOMMCNOAnOM
-------
SECTION 404 COMPLIANCE
O THE CORPS OF ENGINEERS (COE) HAD ISSUED APPROXIMATELY 8,086 SECTION
404 DREDGE AND FILL PERMITS BY THE END OF FY 1984. EPA PROVIDES
TECHNICAL SUPPORT TO THE COE ON PERMIT ENFORCEMENT. BY THE END OF
THE FOURTH QUARTER, THE REGIONS WERE INVOLVED IN 94 ENFORCEMENT
ACTIONS AND 23 VIOLATORS HAVE BEEN RETURNED TO COMPLIANCE.
o EPA HAS THE AUTHORITY TO TAKE DIRECT ENFORCEMENT ACTIONS AGAINST
UNPERMITTED ACTIVITIES. BY THE END OF THE THIRD QUARTER, THE REGIONS
CONDUCTED 312 ENFORCEMENT FIELD INVESTIGATIONS AND FOUND 294 SITES
IN VIOLATION. ENFORCEMENT ACTION AGAINST UNPERMITTED DISCHARGERS
WAS INITIATED FOR 240 SITES (119 EPA LEAD AND 121 COE LEAD) AND 46
ACTIONS WERE RESOLVED.
-------
£
SECTION 404 COMPLIANCE
As Of September 30, 1985
EPA SUPPORT TO CORPS OF ENGINEERS
(PERMfTTED)
too
EPA ENFORCEMENT ACnTVTTY
(UNPERMfTTED)
400
o
I
u_
O
fi
m
2
ID
%
|
2
O
300-
200-
K)0-
NUMBER OF COE PERMITS = 8086
Legend
COELEAO
EPAl£AD
-------
NEPA COMPLIANCE
EPA NEPA ACTIONS;
o DURING FY 1985, SIX PERCENT OF A TOTAL OF 456 NEPA ACTIONS ENDED IN
CATEGORICAL EXCLUSIONS. NINETY PERCENT RESULTED IN FINDING OF NO
SIGNIFICANT IMPACT AFTER ENVIRONMENTAL ASSESSMENTS BY DELEGATED
STATES OR EPA, AND FOUR PERCENT REQUIRED ENVIRONMENTAL IMPACT
STATEMENTS.
NEPA RELATED SUPPORT:
o EPA CONDUCTED 52 STATE OVERSIGHT REVIEWS IN FY 1985 TO ENSURE THAT
STATES DELEGATED CONSTRUCTION GRANTS AUTHORITY CARRY OUT THEIR
NEPA PROGRAM RESPONSIBILITIES EFFECTIVELY. (FORTY-NINE STATES AND
PUERTO RICO HAVE BEEN DELEGATED CONSTRUCTION GRANTS AUTHORITY.)
o IN FY 1985 EPA MADE 169 ASSISTANCE ACTIONS TO HELP PROGRAMS WORKING
TO FULFILL VOLUNTARY EIS RESPONSIBILITIES, AND 19 COOPERATING AGENCY
ACTIONS TO ASSIST OTHER FEDERAL AGENCIES WRITING ENVIRONMENTAL
IMPACT STATEMENTS.
-------
NEPA COMPLIANCE
As Of September 30, 1985
TRADITIONAL ACTIONS (CUMULATIVE)
NEPA RELATED SUPPORT (CUMULATIVE)
in
co
2 3
QUARTERS
LEGEND
( I ENVIRONMENTAL IMPACT STATEMENTS ISSUED
CATEGORICAL EXCLUSIONS ISSUED
HNDINCS OF NO SIGNIFICANT IMPACT ISSUED
180 -i
160-
1 2 3
QUARTERS
LEGEND
jjj§ STATE OVERSIGHT REVIEWS
f>^>) PROGRAM ASSISTANCE ACnONS
r ] COOPERATING AGENCY ACTIONS
-------
FEDERAL _FAC I L I T Y COM P L IANCE
FE DE RA L ACTIVITIES INVOLVEMENT IN DISPUTES
o THE OFFICE OF FEDERAL ACTIVITIES AND THF MEDIA PROGRAM OFFICES
CONTINUE TO WORK TOGETHER TO BRING FEDERAL FACILITIES INTO COMPLI-
ANCE. THE MEDIA PROGRAM OFFICES IDENTIFIED 65 FACILITIES IN
SIGNIFICANT NONCOMPLIANCE ( SNC ) AT THE BEGINNING OF THE YEAR
(BOY), AND HAVE ADDRESSED 62 (95%) BY THE END OF THE FOURTH
QUARTER. LAST YEAR THE MEDIA PROGRAMS IDENTIFIED 78 BOY SNC ' S
AND ADDRESSED 60 (77%).
TSCA AND RCRA REPORT THAT ALL SNC ' S WERE ADDRESSED
(12 AND 25 RESPECTIVELY).
- AIR ADDRESSED 6 OUT OF 8 AND WATER ADDRESSED 19 OUT OF 20.
o OVER THE COURSE OF THE YEAR THE MEDIA PROGRAMS REFERRED 61
DISPUTES TO OFA. DURING THE YEAR 39 FACILITIES REFERRED
THIS YEAR OR LAST WERE PLACED ON COMPLIANCE SCHEDULES , AND
32 WERE RETURNED TO COMPLIANCE.
-------
m
I
£
5
FEDERAL FACILITY COMPLIANCE
OFFICE OF FEDERAL ACTIVITES INVOLVEMENT IN DISPUTES
As Of September 30, 1985
UO-i
120 H
100
80
60
40-
20
2 3
QUARTERS
Legend
CD IN COMPLIANCE
d PUT ON SCHEDULE
IT} MCnttREO TO HO
TO REGIONS
-------
OFFICE OF GENERAL COUNSEL
-------
RED BORDER REVIEW DEADLINES
o 76 RED BORDER DOCUMENTS WERE RECEIVED FOR REVIEW BY OGC DURING FOURTH
QUARTER.
- 55 RED BORDER REVIEWS WERE COMPLETED BY OGC WITHIN THREE WEEKS. OGC
COMPLETED 72% OF THEIR REVIEWS WITHIN THREE WEEKS, AGAINST A TARGET
OF 75%.
- 20 REVIEWS WERE COMPLETED WITHIN FOUR WEEKS.
- 1 REVIEW ON THE CODIFICATION RULE FOR HAZARDOUS AND SOLID WASTE
AMENDMENTS OF 1984 WAS COMPLETED IN JUST OVER FOUR WEEKS.
o 229 RED BORDER REVIEWS HAVE BEEN COMPLETED BY OGC THIS FISCAL YEAR.
183, (80%), HAVE BEEN COMPLETED WITHIN THREE WEEKS. 43 WERE COMPLETED
.WITHIN FOUR WEEKS. ONLY TWO REVIEWS REQUIRED MORE THAN 4 WEEKS TO
COMPLETE.
REVIEW DEADLINES FOR STATE DELEGATION AGREEMENTS
o 15 AUTHORIZATION APPLICATIONS WERE RECEIVED FOR OGC EVALUATION DURING THE
FOURTH QUARTER.
- ALL APPLICATIONS RECEIVED CONCURRENCE BY OGC WITHIN 15 DAYS, WELL
WITHIN THE 30 DAY TARGET ALLOWED. NO DEFICIENCIES WERE NOTED AND NO
EXTENSIONS WERE NEGOTIATED.
O ALL 53 APPLICATIONS RECEIVED BY OGC THIS FISCAL YEAR HAVE RECEIVED CONCURRENCE
WITHIN 15 DAYS. NO DEFICIENCIES HAVE BEEN NOTED AND NO EXTENSIONS HAVE
RRRN NRGDTTATRn.
------- |