100R87103 fl/Gl ;^^ 8I98? E.S. [CTION AGENCY Strategic Planning and Management System Third Quarter FY 1987 Report Office of Management Systems and Evaluation June 30, 1937 ^8?4Sis^;i*SAaw HEADQUARTERS LIBRARY eHviww!MENTAL PROTECTION AGENCY ------- U.S. ENVIRONMENTAL PROTECTION AGENCY Strategic Planning and Management System Third Quarter FY 1987 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 quarter 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. ------- TABLE OF CONTENTS OFFICE OFFICE OF AIR AND RADIATION 1 OFFICE OF WATER ,35 OFFICE OF SOLID WASTE AND EMERGENCY RESPONSE 107 OFFICE OF PESTICIDES AND TOXICS SUBSTANCES 141 OFFICE OF ENFORCEMENT AND COMPLIANCE MONITORING 175 OFFICE OF ADMINISTRATION AND RESOURCES MANAGEMENT 191 OFFICE OF POLICY, PLANNING AND EVALUATION 203 OFFICE OF EXTERNAL AFFAIRS 207 OFFICE OF GENERAL COUNSEL 213 ------- Office of Air and Radiation &;aa^^ — 1 — ------- OFFICE OF AIR AND RADIATION THIRD QUARTER HIGHLIGHTS o SIP PROCESSING RATES FOR THE REGIONS REMAIN HIGH WHILE HEADQUARTER'S SIP BACKLOG GROWS. HQ PROCESSING RATES FOR BOTH NEW AND CARRYOVER SIPS HAVE DROPPED TO 33% WHILE THE HQ SIP BACKLOG HAS INCREASED TO 128. o THE REGIONS HAVE MET 218 (75%) OF THE TARGET DATES FOR THE STATES SUBMITTAL AND EPA PROCESSING OF HIGH PRIORITY DEFICIENT SIPS. ABOUT 54% OF THE ANNUAL TARGET DATES ARE DUE IN THE LAST QUARTER. o STATES AND LOCAL AGENCIES SUBMITTED 62 AIR TOXICS MULTI-YEAR DEVELOPMENT PLANS DURING LATE FY 86 AND EARLY FY 87. OAR AND THE REGIONS HAVE REACHED FINAL AGREEMENT ON THE ADEQUACY OF 45 OF THESE PLANS. o REGIONS AND STATES ARE ONLY ADDRESSING A SMALL PERCENTAGE OF THEIR NEWLY DISCOVERED SIGNIFICANT VIOLATORS. — 3 — ------- NUMBER OF NONATTAINMENT AREAS o THE NUMBER OF PRIMARY NONATTAINMENT AREAS DECREASED IN THE THIRD QUARTER FROM 665 AREAS DOWN TO 655. THE REPORTED NUMBER OF SECONDARY NONATTAINMENT AREAS DECREASED FROM 212 TO 210 DURING THE QUARTER. - THE END-OF-QUARTER TOTALS, BY POLLUTANT, ARE: FOR PRIMARY: OZONE 343 TSP 131 NOX 4 CO 127 S02 50 FOR SECONDARY: TSP 196 AND SO2 14. o OVER THE LAST YEAR AND A HALF OVERALL CHANGES IN PRIMARY NONATTAINMENT HAVE BEEN: OZONE CO TSP SO2 NOx TOTAL DEC. 1985 362 141 134 54 4 695 JUN. 1987 343 127 131 50 4 655 NET CHANGE -19 -14 -3 -4 0 -40 - THE CHANGES REPRESENT ABOUT A 9.8% REDUCTION IN THE NUMBER OF AREAS. o IN ALL, 532 COUNTIES ARE WHOLLY OR PARTIALLY DESIGNATED NONATTAINMENT FOR AT LEAST ONE POLLUTANT. ------- 1BQ-r 135-- N U y D F U 0 90+ r A I- F 45-- NUMBER OF PRIMARY NON-ATTAINMENT AREAS* As Of June 30, 1987 NATIONAL TOTALS n n in iv v vi vn vra REGIONS ix LEGEND • S02 D TSP 0 CO B OZONE OAH-A3 *Thcre are more 'Non—attainment Areas' than areas with Non—attainment, since some areas are Non—attainment for more than one pollutant 12/31/85 CURRENT QUARTER -5- ------- 1 ACTIONS ON HIGH PRIORITY DEFICIENT SIPS O IN THE THIRD QUARTER, 117 OF THE 470 MILESTONES WERE DUE TO BE ACCOMPLISHED BY THE REGIONS AND STATES. - THE REGIONS MET 63 OF THE 117 THIRD QUARTER TARGET DATES (54%) FOR A CUMULATIVE TOTAL OF 218 OUT OF 292 (75%). REGION IV MET 100% OF TARGET. - OAR REPORTS THAT 19 OF THE REGIONAL TARGETS WERE MISSED DUE TO HEADQUARTERS. -6- ------- 500 T U 400 M B 0 ft 300 M E S T 0 N E S 200-- 100-- ACTIONS ON HIGH PRIORITY DEFICIENT SIPs (NUMBER OF MILESTONES COMPLETED ON MISSING ELEMENTS OF HIGH PRIORITY SIPs) 2 QUARTERS LEGEND - TARGET - ACTUAL -7- ------- PERCENT OF SIP ACTIONS PROCESSED (REGIONS) O DURING THE THIRD QUARTER 248 SIP ACTIONS WERE DUE TO BE PROCESSED IN THE REGIONS. THE REGIONS PROCESSED 242 OF THESE ACTIONS ON TIME F:>R A RATE OF 98%. O FOR THE HIGHER PRIORITY SIPs (REQUIRED SIP ACTIONS), THE REGIONS PROCESSED 122 OF 126 ACTIONS FOR A 97% RATE. THE REGIONS PROCESSED 120 OF 122 STATE INITIATED ACTIONS (LOWER PRIORITY ACTIONS) FOR A 98% RATE. - 51% OF THE SIPS BEING PROCESSED WERE EPA INITIATED. O REGIONS I, III, IV, VI, VIII, IX AND X HAVE PROCESSED ALL THEIR Sli's ON TIME THIS YEAR. o REGION V CONTINUES TO PROCESS THE MOST ACTIONS (48% OF THE NATION/U, TOTAL FOR THIS QUARTER). O HQ CONTINUES TO RETURN SIP PACKAGES TO THE REGIONS FOR ADDITIONAL WORK. THERE WERE CURRENTLY 25 HQ SIP PACKAGES IN "THE RETURNED TO REGION" CATEGORY (UP ONE FROM 24 ACTIONS IN SECOND QUARTER.) -8- ------- p E R C E N T PERCENT OF SIP ACTIONS PROCESSED ON TIME (REGIONS) As Of June 30, 1987 100-r CHHRENT QUARTER | OF SIP ACTIONS /OVERDUE 96 CUMULATIVE I uF SIP ACTIONS 46 I OVERDUE 0 OAii-A10 n ra iv v vi vn VIH ix REGIONS X 11 3 25 7 19 0 42 1 26 118 9 020 90 315 0 9 33 0 5 1 20 3 3 0 8 0 25 0 57 0 6 0 18 0 LEGEND • CURRENT QUARTER D CUMULATIVE TOTAL 248 6 654 20 — Q — ------- PERCENT OF SIP ACTIONS PROCESSED (HO) o HQ WAS RESPONSIBLE FOR 175 SIP ACTIONS IN THE THIRD QUARTER (UP 12). THE TOTAL INCLUDES 81 NEWLY DUE ACTIONS AND 94 (UP 22) DUE FROM Til PREVIOUS QUARTER(S). o PROCESSING RATES FOR NEWLY DUE ACTIONS (EXCLUDING ACTIONS "ON HOLD1' AND THOSE RETURNED TO THE REGIONS) WERE 34% AND FOR CARRYOVER ACTIONS WERE 32%. THE RATES ARE BELOW THOSE OF SECOND QUARTER (45' AND 47%) AS WELL AS THOSE OF A YEAR AGO (45% AND 37%). O OF THE 175 "DUE" ACTIONS IN THE SYSTEM DURING THE QUARTER, ONLY 47 (27%) WERE PUBLISHED. FOR ACTIONS NOT PUBLISHED, THE STATUS AT TNT END OF THE QUARTER WAS: 25 WERE RETURNED TO THE REGIONS (UP 1) 94 WERE OVERDUE (UP 24) AND 9 WERE ON POLICY HOLD (DOWN 1). ALL 9 "Off HOLD" SIP'S WERE RELATED TO OZONE. o OVERALL, THE NUMBER OF UNPUBLISHED SIPS INCREASED TO 128 COMPARED TO 104 IN THE SECOND QUARTER AND 108 A YEAR AGO. -10- ------- PERCENT OF SIP ACTIONS PROCESSED ON TIME (HQ) As Of June 30, 1987 1DOT<4 f)F NEWLY DUE 32 OF CARRYOVER 32 2 3 QUARTERS 34 25 ON HOLD 5X RETURNED TO REGION 14X PUBLISHED 27X UNPUBLISHED 54X STATUS OF SIP ACTIONS FOR HQ (#175) 25 22 LEGEND i NEWLY DUE I CARRYOVER BAR GRAPH DATA EXCLUDES "ON HOLD" AND "RETURNED TO REGION" CATAGORIES -11- ------- PM10 MONITORING NETWORKS O IN FY 1987, OAR IS TRACKING ACCOMPLISHMENTS IN TWO PM10 MONITORING NETWORK AREAS. - THE SUBMITTAL OF PM10 NETWORK DESCRIPTIONS BY THE STATES. - THE ESTABLISHMENT OF OPERATING MONITORS IN URBAN AREAS AND OTHER GROUP I AND GROUP II AREAS. NETWORK DESCRIPTIONS: O OAR AND THE REGIONS ORIGINALLY TARGETED STATES TO SUBMIT NAMS AND SLAMS NETWORK DESCRIPTIONS (TOTAL OF 97) BY THE END OF FY 1987. DUE TO THE DELAYED PROMULGATION OF THE PM10 NAAQS, THE REGULATORY DEADLINE FOR STATE SUBMITTAL HAS MOVED TO JANUARY 1988 (MOOTING Till", SPMS TARGETS.) THRU THE THIRD QUARTER, 14 NETWORK DESCRIPTIONS (INCLUDING ALL 8 SLAMS NETWORKS FOR REGION IV STATES) HAVE BEEN SUBMITTED. ESTABLISHING OPERATING SITES O OAR IS TRACKING A UNIVERSE OF 128 (DOWN FROM 148) URBAN AREAS FOR -\ MINIMUM OF ONE OPERATING SITE. THRU THE THIRD QUARTER, THE REGION REPORTED 109 AREAS HAD A SITE OPERATING COMPARED TO A TARGET OF 11.J. O IN EARLY FY 1987, OAR HAD IDENTIFIED A TOTAL OF 207 GROUP I AND GROUP II AREAS WHICH NEEDED AN OPERATING PM10 MONITOR (MINIMUM OF ONE). REGIONS COMMITTED TO HAVING 52 AREAS WITH SITES OPERATING IN THE THIRD QUARTER AND 79 BY SEPTEMBER. OAR IS IN PROCESS OF REVISING THE UNIVERSE OF BOTH GROUP I AND II AREAS (NOW REPORTED A'.J TOTAL OF 115 DOWN FROM 207) AND REVISING WHICH AREAS ARE IN GROUP 1 OR GROUP II. REGIONS REPORT 18 GROUP I AREAS AND 12 GROUP II ARE/v" WITH A SITE OPERATING COMPARED TO ORIGINAL TARGETS OF 16 AND 36. -12- ------- NATIONAL AIR AUDIT SYSTEMS - CORRECTION OF STATE DEFICIENCIES. O SCHEDULES - 30 OUT OF THE 31 AUDITS (97%) SCHEDULED FOR COMPLETION DURING FY 1987 HAVE BEEN COMPLETED. REGION IX HAS NOT COMPLETED THE BAY AREA AUDIT. O DEFICIENCIES - DUE TO LATE FY 1986 AUDITS AND THE SUBSEQUENT DELAYS IN IDENTIFYING "PRIORITY STATE DEFICIENCIES," NO SPMS TARGETS WERE SET FOR THIS ACTIVITY. SEVEN REGIONS REPORTED THAT THEY HAVE WORKED WITH THEIR STATES TO RESOLVE 40 DEFICIENCIES COMPARED TO 43 A YEAR AGO. (OAR REPORTS 157 "DEFICIENCIES IN THEIR CURRENT INVENTORY). -13- ------- AIR TOXICS MULTI-YEAR DEVELOPMENT PLANS o THE MAJOR FOCUS IN FY 1987 HAS BEEN ON THE DEVELOPMENT AND SUBMITTAL OF "ADEQUATE" MULTI-YEAR DEVELOPMENT PLANS BY THE STATES AND MAJOR INDEPENDENT LOCAL AGENCIES. OAR HAS A FY 1987 SPMS COMMITMENT FOK 52 "ADEQUATE PLANS." OAR WILL EVALUATE THE PLAN SUBMITTALS FOR ADEQUACY AND THE REGIONS WILL NEGOTIATE WITH THE STATE AND LOCAL AGENCIES WHERE THERE ARE PROBLEMS. O OVER THE LAST YEAR SIXTY-TWO PLANS (INCLUDING 30 PLAN REVISIONS) AHD FIVE REQUESTS FOR EXEMPTIONS HAVE BEEN SUBMITTED TO THE REGIONS. DURING THIRD QUARTER OAR REPORTED THAT THEY AND THE REGIONS WERE IN AGREEMENT THAT 45 PLANS WERE ADEQUATE. THE TARGET FOR THIRD QUARTER WAS 34 ADEQUATE PLANS ------- RADON ACTIVITY O OAR REPORTS THAT STATES CONTINUE TO RESPOND TO THE LARGE VOLUME OF PUBLIC INQUIRIES CONCERNING THE RADON PROBLEM AND HEALTH RISKS. o PENNSYLVANIA LEGISLATION PASSED IN THE THIRD QUARTER AND REQUIRES CERTIFICATION OF MEASURING & MITIGATION COMPANIES. O TO DATE EPA HAS DISTRIBUTED ABOUT 270,000 COPIES OF "THE CITIZENS' GUIDE TO RADON" AND 160,000 COPIES OF "THE HOMEOWNER'S GUIDE" TO STATES, PUBLIC AND PRIVATE ORGANIZATIONS, AND INDIVIDUALS. -15- ------- STATE & RADON SURVEYS o SIX ADDITIONAL STATES (ARIZONA, INDIANA, MISSOURI, MINNESOTA, MASSACHUSETTS AND NORTH DAKOTA) HAVE REQUESTED EPA ASSISTANCE IN DESIGNING AND CONDUCTING A RADON SURVEY THIS QUARTER. o TEN STATES COMPLETED EPA/STATE RADON SURVEYS THIS FISCAL YEAR (RHODE ISLAND, CONNECTICUT, TENNESSEE, ALABAMA, KENTUCKY, WISCONSIN, MICHIGAN, KANSAS, WYOMING AND COLORADO). THE RESULTS SHOULD BE AVAILABLE IN AUGUST. OTHER SURVEYS o PRELIMINARY RESULTS OF TWO INDEPENDENT SURVEYS WERE MADE AVAILABLE THIS QUARTER. - A GEORGIA PILOT STUDY OF 88 HOMES IN 30 COUNTIES FOUND 56% OF THE SCREENING MEASUREMENTS EXCEED 4 pCi/1. - MONTANA'S PRELIMINARY RESULTS OF 100 HOMES IN THE HELENA VALLEY AREA FOUND 66% OF THE SCREENING MEASUREMENTS WERE BETWEEN 4 AND 20 pCi/1, AND 4% EXCEED 20 pCi/1. TRAINING o ONE EPA RADON DIAGNOSIS AND MITIGATION COURSE WAS HELD IN NEW JERf^Y THIS QUARTER FOR 85 PUBLIC OFFICIALS AND PRIVATE CONTRACTORS. ------- STATUS OF MOBILE SOURCE PROGRAMS ESTABLISHMENT OF NEW ANTI-TAMPERING PROGRAMS O TWO PROGRAMS WERE TARGETED DURING THE THIRD QUARTER (CLEVELAND AND CINCINNATI) BUT NONE WERE INITIATED. OUT OF A THIRD QUARTER * COMMITMENT OF FIVE, FOUR PROGRAMS HAVE BEEN INITIATED YEAR TO DATE. I/M OPERATING PROGRAM PROBLEMS REMEDIED O THE REGIONS HAVE COMMITTED TO CORRECT 17 I/M OPERATING PROBLEMS FOUND DURING RECENT AUDITS BY THE END OF THE FOURTH QUARTER. THE REGIONS MET A THIRD QUARTER COMMITMENT OF FIVE REMEDIES. COMPLETION OF I/M AUDITS O DURING THE THIRD QUARTER ONE INITIAL AUDIT WAS SCHEDULED AND COMPLETED. ONE ADDITIONAL UNSCHEDULED INITIAL AUDIT WAS COMPLETED (REGION V, ILLINOIS). TWO FOLLOW-UP AUDITS WERE SCHEDULED AND ONE WAS COMPLETED. (REGION VII, MO) - 1 "7_ ------- AIR COMPLIANCE INSPECTIONS AND COMPLIANCE LEVELS O THE REGIONS GENERALLY MET OR EXCEEDED THEIR INSPECTION TARGETS DURING THE THIRD QUARTER WITH A FEW EXCEPTIONS. - REGION I MISSED ALL THREE TARGETS BY 50% OR MORE. - REGIONS III, IV AND VII MISSED OVER 15% OF THEIR TARGET NESHAP SOURCES. - REGIONS IV AND VII MISSED OVER 15% OF THEIR TARGET FOR NSPS. O COMPLIANCE RATES FOR CLASS Al SIP AND NSPS DECLINED SLIGHTLY FROM 90% AND 91% TO 89% AND 90%, RESPECTIVELY. COMPLIANCE RATES FOR NESHAP ROSE FROM 84% TO 88%. o THE COMPLIANCE RATE FOR OPERATING CLASS A VOC SOURCES WAS 81% COMPARED TO 74% IN THE SECOND QUARTER. THE COMPLIANCE RATE FOR OPERATING NSPS VOC SOURCES WAS 90% COMPARED TO 81% IN THE SECOND QUARTER. NOTE: INSPECTION DATA IS LAGGED ONE QUARTER. ------- AIR COMPLIANCE INSPECTIONS AND COMPLIANCE LEVELS As Of June 30, 1987 Inspection Levels For Class Al SIP, NSPS. and NESHAP 125 777l~W$~ 125 + -TARGET A/ER-1.2 m LEGEND CLASS A1 SIP NSPS NESHAP IV V VI REGIONS vn vm n REPORTED COMPLIANCE LEVELS CLASS A1 SIP B9X NSPS 80* NESHAP BBX -19- ------- PROGRESS IN RETURNING SIGNIFICANT AIR VIOLATIONS TO COMPLIANCE o THE AIR PROGRAM IDENTIFIED 637 SOURCES AS BEING SIGNIFICANT VIOLATORS AT THE BEGINNING OF THE FISCAL YEAR INCLUDING 160 SOURCES WITH PEND- ING ENFORCEMENT ACTIONS. OF THE 477 REMAINING, 324 HAVE BEEN TARGETED BY THE REGIONS TO BE ADDRESSED IN FY 1987. o AT THE END OF THE THIRD QUARTER, THE REGIONS HAD ADDRESSED 259 AGAINST A TARGET OF 233 FOR 112% OF TARGET. OF THE 637 SIGNIFICANT VIOLATORS: - 197 (31%) RETURNED TO COMPLIANCE; 78 (12%) WERE ON COMPLIANCE SCHEDULES; - 144 (23%) HAD ENFORCEMENT ACTION INITIATED? AND, - 218 (34%) WERE PENDING. o THE REGIONS IDENTIFIED 155 NEW SIGNIFICANT VIOLATORS DURING THE THIRD QUARTER BRINGING THE TOTAL FOR THE YEAR TO 427. BY THE END OF THE THIRD QUARTER OF FY 1986, 334 HAD BEEN IDENTIFIED. O OF THE 427 NEW SIGNIFICANT VIOLATORS IDENTIFIED, 38 RETURNED TO COMPLIANCE AND 13 WERE PLACED ON ACCEPTABLE SCHEDULES. ------- PROGRESS IN RETURNING SIGNIFICANT AIR VIOLATORS TO COMPLIANCE As Of June 30, 1987 REDUCTION OF FIXED BASE PENDING AS OF OCTOBER 31, 1988 RESPONSE TO NE¥ VIOLATIONS (DYNAMIC BASE) BOY TARGET 1 2 QUARTERS LEGEND • PENDING 0 ENFORCEMENT ACTION EJ ON ACCEPTABLE SCHEDULES D IN COMPLIANCE TOTAL RETURNED ON NEW TO SCHEDULE COMPLIANCE PENDING -21- ------- AIR ENFORCEMENT ACTIVITY STATE AND EPA ENFORCEMENT INITIATION o THE REGIONS REPORTED 105 SECTION 113 ORDERS AND TWO SECTION 120 ORDERS BY THE END OF THE THIRD QUARTER. DURING THE THIRD QUARTER, 57 SECTION 113 ORDERS WERE REPORTED. IN THE THIRD QUARTER FY 1986, 75 SECTION 113 ORDERS WERE REPORTED. STATES REPORTED 169 ADMINISTRA- TIVE ACTIONS IN THE THIRD QUARTER FOR A CUMULATIVE TOTAL OF 420. o EPA REFERRED 49 CIVIL CASES BY THE END OF THE THIRD QUARTER. LAST YEAR, THE CUMULATIVE TOTAL WAS 63 BY THE END OF THE THIRD QUARTER. NO CRIMINAL ACTIONS WERE REFERRED THIS QUARTER. STATE JUDICIAL REFERRALS TOTALED 76 FOR A CUMULATIVE TOTAL OF 173. EPA CIVIL CASE CONCLUSIONS O AT THE BEGINNING OF THE YEAR, 197 CASES WERE PENDING REVIEW AT EPA HEADQUARTERS AND/OR DOJ OR WERE FILED IN COURT. BY THE END OF THE SECOND QUARTER 29 CASES HAD BEEN CONCLUDED WITH PENALTY AND TEN HAD BEEN CONCLUDED WITHOUT PENALTY. THE REMAINING 158 ACTIVE CASES PLUS 30 NEW REGIONAL CASES REFERRED THROUGH THE THIRD QUARTER COMPRISE A PENDING DOCKET OF 188 CASES. NOTE: STATE DATA IS LAGGED ONE QUARTER. -22- ------- AIR ENFORCEMENT ACTIVITY As Of June 30, 1987 STATE AND EPA ENFORCEMENT INITIATION ADMINISTRATIVE ORDERS SOOT 500-- 400- • N U M B E R 300- • 200-- 100-- 2 3 QUARTERS STATE AND EPA ENFORCEMENT INITIATION CIVIL REFERRALS 250T 200 N 150 U M B E R 100 2 3 QUARTERS A/ER -3,4 LEGEND STATE EPA EPA CIVIL CONCLUSIONS 200T 150- N U M B E R 100 0 BOY ACTIVE CONCLUDQEONCLUDEIPENDING CASE DOCKET WITH WITHOUT PENALTY PENALTY LEGEND NEW REFERRALS FROM REGIONS PENDING FROM BOY -23- ------- AIR - FEDERAL FACILITY COMPLIANCE f O THE COMPLIANCE RATE FOR CLASS A SIP AND NESHAP FEDERAL FACILITIES REMAINED STEADY AT 87% AND 73%, RESPECTIVELY. O THE NSPS COMPLIANCE RATE FOR FEDERAL FACILITIES DECLINED FROM 100% IN THE FIRST QUARTER TO 80% IN THE SECOND QUARTER TO 75% IN THE THIRD QUARTER. O THE REGIONS IDENTIFIED 16 FEDERAL FACILITIES AS SIGNIFICANT VIOLATORS AT THE BOY. FOUR OF THESE WERE ADDRESSED THROUGH THE THIRD QUARTER. OF THE FOUR FACILITIES, TWO RETURNED TO COMPLIANCE, ONE WAS PLACED ON AN ACCEPTABLE SCHEDULE AND ONE IS PENDING FEDERAL OR STATE ENFORCEMENT ACTION. O NO NEW FEDERAL FACILITY SIGNIFICANT VIOLATORS WERE IDENTIFIED DURING THE THIRD QUARTER. A TOTAL OF SEVEN HAVE BEEN IDENTIFIED YEAR-TO- DATE. ------- 100r AIR - FEDERAL FACILITY COMPLIANCE As Of June 30, 1987 COMPLIANCE RATES VER-1.5 2 3 QUARTERS LEGEND 2 CLASS A1 SIP | NSPS i NESHAP 2QT SIGNIFICANT VIOLATORS BOY 1 2 3 QUARTERS LEGEND I ADDRESSED PENDING -25- ------- ASBESTOS DEMOLITION AND RENOVATION ACTIVITY O IN THE THIRD QUARTER FY 1987, EPA RECEIVED 4,050 NOTIFICATIONS OF ASBESTOS DEMOLITION. DURING THE SECOND QUARTER FY 1987, THE STATE PROGRAMS RECEIVED 6,342 NOTIFICATIONS OF ASBESTOS DEMOLITION. O THE REGIONS CONDUCTED 141 INSPECTIONS DURING THE THIRD QUARTER AND 259 VIOLATIONS WERE IDENTIFIED THROUGH INSPECTIONS OR SELF-REPORTING THE STATES CONDUCTED 4,177 INSPECTIONS AND DISCOVERED 239 VIOLATIONS O EPA ISSUED 16 ADMINISTRATIVE ORDERS AND REFERRED SEVEN CIVIL ACTIONS AND THE STATES INITIATED 22 ADMINISTRATIVE ACTIONS AND FIVE REFERRALS. NOTE; STATE DATA IS LAGGED ONE QUARTER. -26- ------- ASBESTOS DEMOLITION AND RENOVATION ACTIVITY As Of June 30, 1987 7000-r NUMBER OF NOTIFICATIONS NUMBER OF INSPECTIONS NUMBER OF VIOLATIONS A/ER 7 LEGEND EPA STATES (An Of March 31, 1987) -27- ------- AIR - MOBILE SOURCE COMPLIANCE INSPECTIONS AND COMPLIANCE LEVELS o IN RESPONSE TO COMPLAINTS, 220 DIRECTED INSPECTIONS WERE CONDUCTED DURING THE THIRD QUARTER COMPARED TO 159 IN THE SECOND QUARTER. EPA PERSONNEL CONDUCTED 105, EPA CONTRACTORS 53, AND STATE AND LOCAL PROGRAMS 62 COMPARED TO 97, 37, AND 25, RESPECTIVELY, IN THE SECOND QUARTER. O THERE WERE 5,223 UNDIRECTED INSPECTIONS CONDUCTED DURING THE THIRD QUARTER COMPARED TO 4,700 IN THE SECOND QUARTER. EPA CONTRACTORS CONDUCTED 1,823 AND STATE AND LOCAL PROGRAMS 3,400 COMPARED TO 2,400 AND 2,300 IN THE SECOND QUARTER. O OUT OF THE 5,223 UNDIRECTED INSPECTIONS, 50 VIOLATIONS WERE FOUND, FOR A VIOLATION RATE OF 1%. OUT OF THE 220 DIRECTED INSPECTIONS, 43 VIOLATIONS WERE FOUND FOR A VIOLATION RATE OF 20%. _ o o ------- MOBILE SOURCES AIR COMPLIANCE INSPECTIONS AND COMPLIANCE LEVELS As Of June 30, 1987 3500T INSPECTIONS COMPLIANCE STATUS OF UN-DIRECTED INSPECTIONS CONTRACTOR CONDUCTED FOSD CONDUCTED STATE AND LOCAL CONDUCTED LEGEND D IN COMPLIANCE • IN VIOLATION LEGEND NON-DIRECTED DIRECTED ------- AIR - MOBILE SOURCE LEAD PHASEDOWN ACTIVITY o IN RESPONSE TO COMPLAINTS AND DISCREPANCIES REPORTED TO FIELD OPERATIONS AND SUPPORT DIVISION (FOSD) AND OTHER AGENCIES REQUIRING REPORTING, SUCH AS THE DEPARTMENT OF ENERGY AND CUSTOMS, SIX REFINERY AUDITS WERE CONDUCTED DURING THE QUARTER. OUT OF THE SIX REFINERY AUDITS, FIVE POTENTIAL VIOLATIONS HAVE BEEN IDENTIFIED. o THERE WERE 576 REFINERS AND 66 IMPORTERS SUBMITTING LEAD PHASEDOWN REPORTS DURING THE QUARTER. OF THOSE 642 SELF-REPORTERS, ONE HAD AN ACTIONABLE ENFORCEMENT VIOLATION. NOTE: A/MS-2 DATA IS LAGGED A QUARTER. ------- MOBILE SOURCE SELF-REPORTING LEAD PHASEDOWN VIOLATIONS As Of June 30, 1987 NUMBER OF REFINERS AND IMPORTERS REPORTING 6DQT 500- 400-- 300-- 200- 100- 23 QUARTER NUMBER OF IMPORTERS AND REFINERS WITH ACTIONABLE ENFORCEMENT VIOLATIONS &T 4-- N 3-- U M R 2 VUS-2 LEGEND • RERNERS D IMPORTERS QUARTER ------- AIR - MOBILE SOURCE ENFORCEMENT ACTIVITY O AT THE END OF THE THIRD QUARTER, THE PROGRAM HAD 400 ACTIVE NOTICES OF VIOLATION (NOV) CASES, 279 OF WHICH WERE ISSUED THIS YEAR. DURING THE THIRD QUARTER, 79 CASES WERE SETTLED. SEVENTY-EIGHT OF THESE SETTLEMENTS INCLUDED CIVIL PENALTIES TOTALING $405,030. FORTY OF THESE INCLUDED PROVISIONS FOR EXPENDITURES TOTALING AN ADDITIONAL $214,207 TO SUPPORT PUBLIC SERVICES AND/OR INFORMATION TO REDUCE MOTOR VEHICLE POLLUTION. O THE PROGRAM INITIATED 94 NEW NOTICES OF VIOLATION CASES IN THE THIRD QUARTER PROPOSING PENALTIES OF $12,290,941. O IN THE THIRD QUARTER, EPA REFERRED SIX CIVIL CASES TO DOJ FOR FILING FOR A TOTAL OF 19 YEAR-TO-DATE. NOTE: OF THE 94 NEW NOVs ISSUED DURING THE QUARTER, 41 WERE "SHORT- FORM" NOZZLE VIOLATIONS WITH A NON-NEGOTIABLE $200 PENALTY. ------- MOBILE SOURCE ENFORCEMENT ACTIVITY As Of June 30, 1987 400 300- - 200-- 100- • NUMBER OF ADMINISTRATIVE CASES ACTIVE AS OF 6/30/87 SETTLEMENTS INVOLVING CIVIL PENALTIES SETTLEMENTS INVOLVING CIVIL PENALTIES AND OTHER EXPENDITURES PENDING DOCKET A/MS-3.5 NEW CASES INITIATED DURING QUARTER ------- ^ Office of Water -35- ------- OFFICE OF WATER THIRD QUARTER HIGHLIGHTS THE THIRD QUARTER CONTINUES TO SHOW GOOD PERFORMANCE AGAINST TARGETS. 25 OF THE 36 TARGETED NON-ENFORCEMENT MEASURES ARE AHEAD OF TARGETS. ALL 11 ENFORCEMENT MEASURES WITH TARGETS ARE AHEAD OF SCHEDULE. SEVERAL OF THE MEASURES SHOW THAT END OF YEAR TARGETS HAVE BEEN REACHED. o THE NPDES PROGRAM IS GENERALLY AHEAD OF SCHEDULED THIRD QUARTER TARGETS EXCEPT FOR EPA PERMIT REVISIONS FOR MAJOR INDUSTRIALS. O EPA AND THE STATES HAVE EXCEEDED THEIR TARGETS IN MUNICIPAL PRETREATMENT AUDITS AND NMP MAJOR AND MINOR FACILITIES REQUIRING CONSTRUCTION PLACED ON ENFORCEMENT SCHEDULES. O WITH THE EXCEPTION OF NET OUTLAYS, THE CONSTRUCTION GRANTS PROGRAM (PROJECTS INITIATING OPERATION, ASSISTANCE DISPUTES RESOLVED, BACKLOGGED ADMINISTRATIVE COMPLETIONS) ARE BEHIND SCHEDULE. O THE WATER QUALITY STANDARDS, NONPOINT SOURCE MANAGEMENT PROGRAM, AND WATER QUALITY BASED CONTROLS MEASURES HAVE EXCEEDED THEIR TARGETS. o THE UNDERGROUND INJECTION CONTROL PROGRAM IS GENERALLY ON TARGET. ------- STATE WATER QUALITY STANDARDS NUMERIC CRITERIA O THIRTEEN STATES, IN SEVEN REGIONS, ARE SCHEDULED TO INCORPORATE NF.-7 OR REVISED NUMERIC CRITERIA FOR TOXIC POLLUTANTS INTO EPA-APPROVEP STATE WATER QUALITY STANDARDS (WQS) BY THE END OF THE YEAR. NATIONALLY, SIX STATES INCORPORATED NUMERIC CRITERIA INTO STANDARDS FOR 300% OF THE THIRD QUARTER TARGET OF TWO. REGION X MET ITS TARGET OF TWO. IN ADDITION, SOME STATES IN REGIONS III, IV AND IX INCORPORATED CRITERIA. NARRATIVE CRITERIA O SIX STATES, IN FIVE REGIONS, ARE SCHEDULED TO INCORPORATE NEW OR REVISED NARRATIVE CRITERIA FOR TOXIC POLLUTANTS INTO EPA-APPROVED STATE WQS BY THE END OF THE YEAR. ONE STATE IN BOTH REGIONS I AND IV MET THE THIRD QUARTER TARGET OF TWO. ------- STATE WATER QUALITY STANDARDS As Of June 30, 1987 NUMERIC NARRATIVE N U M B E R 0 F S T A T E S 2 QUARTERS LEGEND - TARGET — ACTUAL 1 2 QUARTERS V a-29 ------- WATERS MEETING DESIGNATED USES AS OF JUNE 30. 1987 o THE DATA REPRESENTS AN ESTIMATE OF NATIONAL WATER QUALITY CONDITIONS BASED ON AN ASSESSMENT OF SOME WATER BODIES. O STATES HAVE USED DIFFERENT METHODOLOGIES FOR ESTIMATING WATER QUALITY AND EVALUATING HOW WELL WATER QUALITY SUPPORTS DESIGNATED USES. o THE NUMBER OF WATER BODIES ASSESSED FOR MEETING DESIGNATED USES AT,';O VARIES FROM LAST YEAR. - MORE STREAM MILES (24% TO 29%) WERE ASSESSED. - FEWER LAKE ACRES (44% TO 42%) AND ESTUARY SQUARE MILES (71% TO 65%) WERE ASSESSED. O TWO NEW CATEGORIES WERE ADDED THIS YEAR. - COASTAL MILES ASSESSED WERE 5,766 OR 11% OF TOTAL. - GREAT LAKES SHORE MILES ASSESSED IN REGION V WERE 4,506 OR 100% OF THE TOTAL IN REGION V. ( REGION II, DUE TO INCONSISTENT REPORTING AND REGION III, NO DATA, WERE NOT INCLUDED.) ------- WATERS MEETING DESIGNATED USES AS OF JUNE 30. 1987 STREAM j| MILES % COASTAL # MILES % LAKE SHORE MILES % LAKE # ACRES % ESTUARY # SQ. MILKS % TOTAL 1,553,114 (100) 52,464 (100) 4,506 (100) 39,832,451: (100) 34,452 (100) ASSESSED 474,745 (31) 5,766 (11) 4,506 (100) .16,667,544 (42) 22,540 (65) ASSESSED 474,745 (100) 5,766 (100) 4,506 (100) 16,667,544 (100) 22,540 (100) SUPPORTING 333,676 (70) 3,464 (60) 562 (12) 12,508,491 (75) 17,660 (78) PARTIALLY SUPPORTING 95,685 (20) 1,882 (33) 3,943 (88) 2,929,151 (18) 3,402 (15) NOT SUPPORTING 27,867 (6) 339 (6) 1 (0) 910,436 (5) 1,428 (6) NOT SUPPORT. DUE TO NPS 116,713 (25) UNK. 506 (ID 4,502,832 (27) 3,187 (14) NOTE: PERCENTAGES MAY NOT ADD AS IN SOME CATAGORIES, DATA ON ASSESSED WATERBODIES IS UNKNOWN. ------- WATERS MEETING DESIGNATED USES AS OF JUNE 30. 1987 O OF THE WATERS ASSESSED, FOUR OF THE CATEGORIES SHOWED 60% OR MORE FULLY SUPPORTED DESIGNATED USES: - 78% OF ESTUARY SQUARE MILES MET DESIGNATED USES. - 70% OF STREAM MILES AND LAKE ACRES MET DESIGNATED USES. - 60% OF COASTAL MILES MET DESIGNATED USES. O ONLY 12% OF GREAT LAKES SHORE MILES IN REGION V FULLY SUPPORTED DESIGNATED USES. ------- WATERS MEETING DESIGNATED USES As Of June 30, 1987 100-r 25-- 0 STREAM MILES COASTAL MILES SHORE MILES LAKE ACRES ESTUARY SO. MILES WQ-31 LEGEND % ASSESSED OF TOTAL JC MEETING DESIGNATED USED OF ASSESSED ------- WATERS NOT MEETING DESIGNATED USES DUE TO NONPOINT SOURCE POLLUTION AS OF JUNE 30. 1987 o FOR WATER BODIES WHICH DO NOT SUPPORT THEIR DESIGNATED USE, THE IMPACT OF NON-POINT SOURCES VARIES FOR DIFFERENT TYPES OF WATER BODIES. - STREAM MILES - 25% - LAKE ACRES - 27% - ESTUARY SQUARE MILES - 14% - LAKE SHORE MILES - 11% (REGION IV) - COASTAL MILES - UNKNOWN ------- WATERS NOT MEETING DESIGNATED USES DUE TO NONPOINT SOURCE POLLUTION As Of June 30, 1987 JOT- STREAM MILES COASTAL MILES WQ 51 SHORE MILES LEGEND X FY 1986 X FY 1987 LAKE ACRES ESTUARY SO. MILES NOTErFY 86 DATA IS NOT COMPARABLE TO FY 87 DUE TO CHANGES IN REPORTING METHODS ------- STATE NONPOINT SOURCE MANAGEMENT PROGRAMS o THE STATES WERE SCHEDULED TO DEVELOP 17 STATE NONPOINT SOURCE MANAGEMENT PROGRAMS OUT OF A UNIVERSE OF 110 BY THE END OF THE YEAR. THE PROGRAMS WERE TO BE DEVELOPED OR UPDATED CONSISTENT WITH WATER QUALITY MANAGEMENT REGULATIONS AND EPA'S NONPOINT SOURCE STRATEGY. O NATIONALLY, THE STATES HAVE DEVELOPED OR UPDATED 2, OR 100% OF THF; NONPOINT SOURCE MANAGEMENT PROGRAMS TARGETED THROUGH THE THIRD QUARTER. THIS LEAVES A BALANCE OF 15 NONPOINT SOURCE MANAGEMENT PROGRAMS TO BE DEVELOPED OR UPDATED BY THE STATES BY THE END OF TliiS FISCAL YEAR. ------- WATERS NEEDING WATER-QUALITY BASED CONTROLS o IN FY 1987, THE REGIONS IDENTIFIED THE NUMBER OF WATER BODIES THAT ARE WATER-QUALITY LIMITED FOR TOXIC, NON-TOXIC, OR BOTH TOXIC AND NON-TOXIC POLLUTION. i o NATIONALLY, THE REGIONS IDENTIFIED 3,106 WATER BODIES WHICH ARE WATER-QUALITY LIMITED FOR TOXIC POLLUTION. OF THESE, 1,599 STILL NEED WATER QUALITY BASED CONTROLS. ------- WATER QUALITY BASED CONTROLS FOR TOXIC AND NONTOXIC POLLUTANTS o THE REGIONS ARE SCHEDULED TO APPROVE WATER QUALITY BASED CONTROLS FOR TOXIC AND NONTOXIC POLLUTANTS FOR 436 WATER BODIES BY THE END OF THE YEAR. O THROUGH THE THIRD QUARTER, ALL NINE REGIONS MET OR EXCEEDED THEIR TARGETS. THE REGIONS HAVE APPROVED WATER QUALITY BASED CONTROLS F 386 WATER BODIES ACHIEVING 158% OF THE THIRD QUARTER NATIONAL TARGET. ------- EPA-APPROVED WATER QUALITY BASED CONTROLS FOR TOXIC AND NONTOXIC POLLUTANTS As Of June 30, 1987 450 -r Q- wo-:u ------- INDUSTRIAL NPDES REPERMITTING BY EPA o NATIONALLY, EPA HAS REISSUED 217 PERMITS, ACHIEVING 297% OF ITS THIRD QUARTER TARGET AND PASSING THE END OF YEAR TARGET OF 133. - REGIONS IV, VI, IX AND X MET OR EXCEEDED THEIR TARGETS. - REGION X ACCOUNTED FOR 156 OR 72% OF THE NATIONAL THIRD QUARTER TARGET. - REGION VIII (12/0) MISSED ITS TARGET. INDUSTRIAL NPDES REPERMITTING BY THE DELEGATED STATES o NATIONALLY, THE STATES HAVE REISSUED 216 PERMITS, ACHIEVING 85% OF THEIR THIRD QUARTER TARGET. - THE STATES IN REGIONS III, IV, VI AND VII MET OR EXCEEDED THEIP REGIONAL TARGETS. - THE STATES IN REGIONS I (15/4), II (43/25), V (70/25), AND X (9/4) MISSED THEIR TARGETS. -50- ------- 22&r N U M B 0 F P E R M I T S 150- • MAJOR INDUSTRIAL NPDES REPERMITTING As Of June 30, 1987 EPA STATES 50Qi QUARTERS NUMBER WHICH HAVE EXPIRED OR WILL EXPIRE BY: QUARTERS * TARGET — ACTUAL EOYB6 EOY87 00 149 234 522 WQ-1,2.3.4 ------- MUNICIPAL NPDES REPERMITTTNG BY EPA O NATIONALLY, EPA EXPECTS TO REISSUE PERMITS TO 141 OF 176 MAJOR MUNICIPALS DUE TO BE REPERMITTED. o NATIONALLY, EPA HAS REISSUED 100 PERMITS, ACHIEVING 119% OF ITS THIRD QUARTER TARGET OF 83. THIS LEAVES A BALANCE OF 41 FOR THE LAST QUARTER. - REGIONS IV, VI AND IX MET OR EXCEEDED THEIR TARGETS. - REGIONS I (26/23), AND X (4/3) MADE PROGRESS TOWARD THEIR TARGETS. - REGION VIII (12/5) MISSED THEIR TARGET. MUNICIPAL NPDES REPERMITTING BY THE DELEGATED STATES O NATIONALLY, THE DELEGATED STATES EXPECT TO REISSUE PERMITS TO 589 Ui 646 MAJOR MUNICIPALS TO BE REPERMITTED. o NATIONALLY, THE STATES HAVE REISSUED 268 PERMITS, ACHIEVING 81% OF THEIR THIRD QUARTER TARGET. THIS LEAVES A BALANCE dF 321 FOR THE LAST QUARTER. - STATES IN REGIONS IV, VI AND VII MET OR EXCEEDED THEIR TARGETS, - STATES IN REGIONS I (23/11), VIII (21/8), AND X (20/7) MISSED THEIR TARGETS. ------- MAJOR MUNICIPAL NPDES REPERMITTING As Of June 30, 1987 EPA 150r QUARTERS NUMBER WHICH HAVE EXPIRED OF WILL EXPIRE BY: EOY 86 77 WQ-fi.6,7.8 EOY 87 176 600-r 5QO-- 400-- 3dO-- 200-- 1QO-- LEGEND - TARGET — ACTUAL STATES QUARTERS 238 648 -53- ------- INDUSTRIAL NPDES PERMITS REVISED BY EPA O NATIONALLY, EPA HAS REVISED 45 PERMITS, ACHIEVING 32% OF ITS THIRD QUARTER TARGET OF 139 - THE END OF YEAR TARGET IS 149. - FOUR REGIONS (II, IV, VI, AND X) MET OR EXCEEDED THEIR TARGETS, - REGION X MISSED ITS TARGET (125/11) AND ACCOUNTED FOR 90% OF TV."', THIRD QUARTER TARGET. INDUSTRIAL NPDES PERMITS REVISED BY THE DELEGATED STATES O NATIONALLY, THE STATES REVISED 132 PERMITS, ACHIEVING 306% OF THE.i '* THIRD QUARTER TARGET OF 43 AND EXCEEDING THE END OF YEAR TARGET OF 72. - ALL REGIONS WITH STATES SCHEDULED TO MAKE PERMIT REVISIONS (I, II, III, V, AND IX) MET OR EXCEEDED THEIR TARGETS. - IN ADDITION, SEVERAL STATES IN OTHER REGIONS (IV, VIII, AND X) MADE PERMIT REVISIONS. ------- 150r MAJOR INDUSTRIAL NPDES PERMIT REVISIONS As Of June 30, 1987 EPA STATES 140-r QUARTERS LEGEND - TARGET — ACTUAL QUARTERS NUMBER PLANNED IN FY 1987 274 71 WO- 0.10 ------- MUNICIPAL NPDES PERMITS REVISED BY EPA o NATIONALLY, EPA REVISED 38 PERMITS, ACHIEVING 140% OF ITS THIRD QUARTER TARGET. OF THE FOUR REGIONS SCHEDULED TO MAKE REVISIONS; - REGIONS IV AND VI EXCEEDED THEIR TARGETS. 1 - REGIONS VIII (16/8) AND X (2/0) MISSED THEIR TARGET BY 50% OR MORE. MUNICIPAL NPDES PERMITS REVISED BY THE DELEGATED STATES o NATIONALLY, THE STATES REVISED 143 PERMITS, ACHIEVING 280% OF THf; LR THIRD QUARTER TARGET. - OF THE FIVE REGIONS (I, II, III, V, AND VIII) WITH STATES SCHEDULED TO MAKE REVISIONS, ALL MET OR EXCEEDED THEIR TARGETS. - IN ADDITION. STATES IN REGIONS IV, IX AND X ALSO MADE PERMIT REVISIONS. ------- MAJOR MUNICIPAL NPDES PERMIT REVISIONS As Of June 30, 1987 EPA 0 STATES QUARTERS 150r 120-- 90- 60-- 30- LEGEND - TARGET — ACTUAL QUARTERS NUMBER PLANNED IN FY 1987 34 WQ-11.12 69 ------- NPDES ENVIRONMENTALLY SIGNIFICANT MINOR REPERMITTING BY EPA o THE REGIONS HAVE COMMITTED TO REISSUING 694 ENVIRONMENTALLY SIGNIFICANT MINOR PERMITS BY THE END OF FY 1987. o NATIONALLY, EPA HAS REISSUED 708 PERMITS, ACHIEVING 169% OF ITS THIRD QUARTER TARGET. WITH THE EXCEPTION OF REGION II (14/12), AM.. SIX REGIONS WITH TARGETS MET OR EXCEEDED THEIR TARGETS. NPDES ENVIRONMENTALLY SIGNIFICANT MINOR REPERMITTING BY THE DELEGATED STATES o THE DELEGATED STATES COMMITTED TO REISSUING 1,959 ENVIRONMENTALLY SIGNIFICANT MINOR PERMITS BY THE END OF FY 1987. o NATIONALLY, THE STATES HAVE REISSUED 1,742 PERMITS, ACHIEVING 1517, OF THEIR THIRD QUARTER TARGET. WITH THE EXCEPTION OF STATES IN REGION VII (60/55), ALL STATES MET OR EXCEEDED THEIR TARGETS. ------- NPDES ENVIRONMENTALLY SIGNIFICANT MINOR PERMITS As Of June 30, 1987 EPA STATES 720T 2DOOr 1500-- 100& 5DO- LEGEND — TARGET — ACTUAL QUARTERS WO-13 ------- RESOLVING EVIDENTIARY HEARING REQUESTS o AT THE START OF FY 1987, 160 EVIDENTIARY HEARING REQUESTS WERE PENDING. BY THE END OF THE YEAR, EPA PLANS TO RESOLVE 25 OF 45 AND THE DELEGATED STATES PLAN TO RESOLVE 52 OF 115. EPA o NATIONALLY, EPA HAS RESOLVED 31 HEARING REQUESTS, ACHIEVING 238% OF ITS THIRD QUARTER TARGET. ALL REGIONS MET OR EXCEEDED THEIR TARGETS. DELEGATED STATES O THE DELEGATED STATES HAVE RESOLVED 31 EVIDENTIARY HEARING REQUESTS, ACHIEVING 139% OF THEIR THIRD QUARTER TARGET. - REGIONS II (4/2) AND X (4/0) STATES MISSED THEIR TARGETS. - STATES IN ALL OTHER REGIONS MET OR EXCEEDED THEIR TARGETS. ------- MUNICIPAL PRETREATMENT PROGRAM AUDITS o OW AND THE DELEGATED STATES PLAN TO AUDIT 341 OF THE 1,429 APPROVED MUNICIPAL PRETREATMENT PROGRAMS BEFORE THE END OF THE YEAR. O EPA AND THE DELEGATED STATES CONDUCTED 252 AUDITS FOR 106% OF THEIR THIRD QUARTER TARGET. O NATIONALLY, EPA HAS AUDITED 145 MUNICIPAL PRETREATMENT PROGRAMS, ACHIEVING 107% OF ITS THIRD QUARTER TARGET. - ALL REGIONS EXCEPT I (10/6) AND III (24/17) MET OR EXCEEDED THEIR TARGETS. DELEGATED STATES O NATIONALLY, THE STATES HAVE AUDITED 107 MUNICIPAL PRETREATMENT PROGRAMS, ACHIEVING 115% OF THEIR THIRD QUARTER TARGET. - THE STATES IN REGIONS III, IV, V AND VI MET OR EXCEEDED THEIR TARGETS. - REGION X STATES MISSED THEIR TARGETS (8/2). ------- MUNICIPAL PRETREATMENT PROGRAM AUDITS O OW AND THE DELEGATED STATES PLAN TO AUDIT 341 OF THE 1,429 APPROV'.iJ MUNICIPAL PRETREATMENT PROGRAMS BEFORE THE END OF THE YEAR. O EPA AND THE DELEGATED STATES CONDUCTED 252 AUDITS FOR 106% OF THE.» '* THIRD QUARTER TARGET. EPA O NATIONALLY, EPA HAS AUDITED 145 MUNICIPAL PRETREATMENT PROGRAMS, ACHIEVING 107% OF ITS THIRD QUARTER TARGET. - ALL REGIONS EXCEPT I (10/6) AND III (24/17) MET OR EXCEEDED THU I.R TARGETS. DELEGATED STATES O NATIONALLY, THE STATES HAVE AUDITED 107 MUNICIPAL PRETREATMENT PROGRAMS, ACHIEVING 115% OF THEIR THIRD QUARTER TARGET. - THE STATES IN REGIONS III, IV, V AND VI MET OR EXCEEDED THEIR TARGETS. - REGION X STATES MISSED THEIR TARGETS (8/2). ------- MUNICIPAL PRETREATMENT AUDITS As Of June 30, 1987 EPA N U M B E R 0 F A U D I T S 21 OT 180- 15Q-- 120 STATES QUARTERS NUMBER OF APPROVED PRETREATMENT PROGRAMS AS OF 10/1/86: 665 180r 150-• 120-- 90- 60- 30- LEGEND - TARGET -^ ATTIIAJ 2 QUARTERS 764 WQ- 16 ------- MUNICIPAL POLICY IMPLEMENTATION o THE INTERIM GOAL OF THE MUNICIPAL POLICY WAS TO PLACE ALL NONCOMPLYING MUNICIPAL FACILITIES ON ENFORCEABLE SCHEDULES BY THE END OF FY 1985. MAJOR FACILITIES REQUIRING CONSTRUCTION o OW AND THE STATES COMMITTED IN FY 1987 TO PLACING 49 OF THE 66 NONCOMPLYING MAJOR MUNICIPAL FACILITIES REQUIRING CONSTRUCTION ON ENFORCEABLE SCHEDULES WHICH REFLECT MUNICIPAL COMPLIANCE PLANS. o NATIONALLY, EPA AND THE STATES HAVE INCORPORATED 32 PLANS INTO ENFORCEABLE SCHEDULES AND REFERRED 7 NONCOMPLYING FACILITIES, ACHIEVING 100% OF THEIR THIRD QUARTER TARGET. - REGIONS III, VII, AND IX MET OR EXCEEDED THEIR TARGETS. - REGIONS I (7/6), II (4/3), AND V (20/15) MADE PROGRESS TOWARD THEIR TARGETS. MINOR FACILITIES REQUIRING CONSTRUCTION o FOR FY 1987 OW AND THE STATES COMMITTED, TO PLACING 592 OF THE 945 NONCOMPLYING MINOR MUNICIPAL FACILITIES REQUIRING CONSTRUCTION ON ENFORCEABLE SCHEDULES WHICH REFLECT MUNICIPAL COMPLIANCE PLANS. o NATIONALLY, EPA AND THE STATES HAVE INCORPORATED 409 PLANS INTO ENFORCEABLE SCHEDULES, ACHIEVING 99% OF THEIR THIRD QUARTER TARGET - WITH THE EXCEPTION OF REGIONS V (252/94) AND X (21/9), ALL REGIONS MET OR EXCEEDED THEIR TARGETS. ------- MUNICIPAL POLICY IMPLEMENTATION As Of June 30, 1987 MAJOR FACILITIES REQUIRING CONSTRUCTION 60-r QUARTERS NUiJBER OF FACIUTIES NBOING ENFORCEABLE SCHEDULES 600T 50Q-- 400-- 3DO-- 200-• 100- LEGEND - TARGET — ACTUAL MINOR FACIUTIES REQUIRING CONSTRUCTION 2 QUARTERS 945 WQ-17.18 -67- ------- MUNICIPAL POLICY IMPLEMENTATION STATUS OF MUNICIPAL COMPLIANCE PLANS AS OF JUNE 30, 1987 O THERE ARE 910 MAJOR FACILITIES WITH MUNICIPAL COMPLIANCE PLAN SCHEDULES: - 269 BY EPA. - 641 IN DELEGATED STATES. O NATIONALLY, 158 OR 17% OF THESE FACILITIES ARE IN SNC WITH THEIR SCHEDULES. - 48 OR 18% OF THE EPA FACILITIES ARE IN SNC WITH THEIR SCHEDULE,*!. - 110 OR 17% OF THE DELEGATED STATE FACILITIES ARE IN SNC WITH THEIR SCHEDULES. O SIX ENFORCEMENT ACTIONS HAVE BEEN ISSUED TO ADDRESS SIGNIFICANT NOi!- COMPLIANCE VIOLATIONS OF MUNICIPAL COMPLIANCE PLANS: - 3 OR 6% BY EPA STATES. - 3 OR 2% BY DELEGATED STATES. ------- 100-r KEGIONS TOTAL 58 FACILITIES MUNICIPAL COMPLIANCE PLAN As Of June 30, 1987 n 140 m 96 WQ-13 iv v vi vn vra n 170 175 157 49 13 26 LEGEND • X IN SNC WITH MCP SCHEDULES D % IN COMPLIANCE WITH MCP SCHEDULES 1 NATIONAL ------- 301(h) OCEAN DISCHARGE PERMITS O 41 OF THE 208 ORIGINAL SECTION 301(h) APPLICATIONS WERE PENDING AT THE BEGINNING OF FY 1987, OF WHICH 18 WERE TARGETED. O NATIONALLY, EPA ISSUED EIGHT FINAL PERMITS THROUGH THE THIRD QUARTER, ACHIEVING 89% OF THE TARGET OF NINE. - REGION I AND IX MET THEIR TARGETS. _7n_ ------- 301(h) OCEAN DISCHARGE PERMITS As Of June 30, 1987 WQ-l'S 2 QUARTERS LEGEND. * TARGET ~ ACTUAL -71- ------- OCEAN DUMPING O THE NUMBER OF DRAFT ENVIRONMENTAL IMPACT STATEMENTS TO BE PREPARED FOR OCEAN DUMPING WAS 62 AS OF 10/86. THREE AGAINST A TARGET OF SIX FOR THE THIRD QUARTER WERE COMPLETED. THE END OF YEAR TARGET IS 10. o THE NUMBER OF ENVIRONMENTAL IMPACT STATEMENTS TO BE PREPARED FOR OCEAN DUMPING WAS 68 AS OF 10/86. THE THIRD QUARTER TARGET OF TW WAS MET. THE END OF YEAR TARGET IS THREE. O AT THE START OF FY 1987, OW IDENTIFIED 121 SITES WHICH WERE AWAIT.HK3 DECISIONS ON THEIR DESIGNATION STATUS FOR OCEAN DUMPING. - REGION IV HAD THE ONLY TARGET FOR THE THIRD QUARTER AND MADE 11 OF 13. THE NATIONAL END OF YEAR TARGET IS 24. ------- DRAFT ENVIRONMENTAL IMPACT ASSESSMENTS 10T N U M B E R 0 F S I T E S 1 2 3 QUARTERS NUMBER OF SITES REQUIRING ACTION: 71 OCEAN DUMPING As Of June 30, 1987 FINAL ENVIRONMENTAL IMPACT ASSESSMENTS vQ-27 QUARTERS LEGEND - TARGET — ACTUAL 01 SITE DESIGNATIONS 24-r 20 16 12-- 1 t I I I QUARTERS 121 ------- SECTION 404 PERMIT REVIEW O OF THE 532 PENDING APPLICATIONS RESOLVED AFTER WITHDRAWALS (72) Hi THE THIRD QUARTER OF FY 1987, THE CORPS: - ACCEPTED EPA's RECOMMENDATIONS ON 496 OR 93% OF THE PERMITS PROCESSED, DENYING 52 PERMITS AND MODIFYING 444. - OVERRULED EPA'S RECOMMENDATIONS ON 36, OR 7% OF THE PERMITS PROCESSED, ISSUING PERMITS OVER EPA's RECOMMENDATION FOR DENIAL OR WITHOUT EPA's RECOMMENDED MODIFICATIONS. o ADVANCED IDENTIFICATION OF WETLANDS COMPLEMENTS EPA'S PERMIT REVIl J ACTIVITY UNDER SECTION 404 BY MARKING SOME AREAS OF REGULATED WATL'HS AS SUITABLE OR UNSUITABLE FOR DISCHARGE OF DREDGE AND FILL MATERIAL. DURING THE THIRD QUARTER, THE REGIONS INITIATED NINE ADVANCE IDENTIFICATION ACTIONS MEETING THE TARGET OF NINE. THE REGIONS COMPLETED ONE ADVANCE IDENTIFICATION ACTION IN THE THIRD QUARTER. ------- 700-r SECTION 404 RESOLUTIONS As Of March 31, 1987 WQ-34d LEGEND • FAVORABLE TO EPA E3 APPLICATION WITHDRAWN D EPA OVERRULED ------- CONSTRUCTION GRANTS BACKLOGGED ADMINISTRATIVE COMPLETIONS o AT THE BEGINNING OF FY 1987, THERE WERE 2,637 BACKLOGGED ADMINISTRATIVE COMPLETIONS. EPA AND THE STATES PLANNED TO COMPLETE 1,903 OR 72% OF THESE DURING THE YEAR. o NATIONALLY, OW COMPLETED 1,001 BACKLOGGED ADMINISTRATIVE COMPLETIONS, ACHIEVING 85% OF ITS THIRD QUARTER TARGET. - REGIONS II, IV, VI, VII, IX AND X MET OR EXCEEDED THEIR TARGETS, - REGIONS I (157/116), III (207/166), V (318/230), AND VIII (46/2?!) MADE PROGRESS TOWARD THEIR TARGETS. CONSTRUCTION GRANTS NATIONAL MUNICIPAL POLICY (NMP) PROJECTS INITIATING OPERATION O NATIONALLY, OW INITIATED OPERATION OF 248 NMP PROJECTS, ACHIEVING 78% OF ITS THIRD QUARTER TARGET. - REGIONS I, VI, VII, VIII, IX AND X MET THEIR TARGETS. - REGIONS II (62/31) AND III (38/18) MISSED THEIR TARGETS. ------- CONSTRUCTION GRANTS BACKLOGGED ADMINISTRATIVE COMPLETIONS AND PROJECTS INITIATING OPERATION As Of June 30, 1987 ADMINISTRATIVE COMPLETIONS 20DOT NMP PROJECTS INITIATING OPERATION 50DT ADMINISTRATIVE COMPLETION BACKLOG AS OF FY 1987 2,637 WO-21.23 ------- CONSTRUCTION GRANTS OUTLAYS o NATIONALLY, OUTLAYS WERE $2,184 M, WHICH WAS 105% OF THE THIRD QUARTER COMMITMENT, WITHIN THE EXPECTED RANGE OF + 5% OF TARGET. PERFORMANCE AGAINST THE NEW, OFFICIAL OMB TARGET OF $2,180 M WAS 100%. - REGIONS II, III AND VIII ACHIEVED THEIR TARGETS WITHIN THE + 5°< WINDOW. - REGIONS I, V, VI, AND VII EXCEEDED THE 5% WINDOW. - REGIONS IV, IX AND X MISSED THEIR TARGETS, BELOW THE + 5% WINDOW. NOTE: AS A RESULT OF THE REVISED OMB TARGET, SOME REGIONAL TARGETS ARE UNDER REVIEW FOR POSSIBLE CHANGE. (OMSE) ------- 3000-r 0- CONSTRUCTION GRANTS NET OUTLAYS As Of June 30, 1987 WQ-2 4 2 QUARTERS LEGEND - TARGET - ACTUAL ------- CONSTRUCTION GRANTS ASSISTANCE DISPUTES RESOLVED o BY THE END OF THE YEAR, THE REGIONS ARE TARGETED TO RESOLVE ALL 22 DISPUTES WHICH WERE PENDING AT THE BEGINNING OF FY 1987. o NATIONALLY, OW RESOLVED 139 ASSISTANCE DISPUTES, ACHIEVING 85% OF ITS THIRD QUARTER TARGET. - REGIONS V, VI, VII AND IX MET OR EXCEEDED THEIR TARGETS. - REGIONS III (47/23), MISSED ITS TARGET. ------- CONSTRUCTION GRANTS—ASSISTANCE DISPUTES RESOLVED As Of June 30, 1987 250-r x X" WQ-22 ------- NPDES COMPLIANCE STATUS O NINETY-ONE PERCENT OF THE 3,669 MAJOR INDUSTRIAL FACILITIES HAVE COMPLETED THE CONSTRUCTION NEEDED TO ACHIEVE FINAL EFFLUENT LIMITS WHILE NINE PERCENT NEED ADDITIONAL CONSTRUCTION. THE OVERALL COMPLIANCE RATE FOR MAJOR INDUSTRIALS DECREASED TO 92% COMPARED TO 93% LAST QUARTER AND 95% IN THE FIRST QUARTER: - 6% WERE IN SNC WITH FINAL EFFLUENT LIMITS - 2% WERE IN SNC WITH CONSTRUCTION SCHEDULES/INTERIM EFFLUENT LIMITS. REGIONS IV, VI, VII, IX AND X HAD OVERALL COMPLIANCE RATES OF 92% OR BETTER. o SEVENTY PERCENT OF THE 3,698 MAJOR MUNICIPAL FACILITIES HAVE COMPLETED THE CONSTRUCTION NEEDED TO ACHIEVE FINAL EFFLUENT LIMITS WHILE 30% NEED ADDITIONAL CONSTRUCTION. THE OVERALL COMPLIANCE RATE FOR MAJOR MUNICIPALS INCREASED TO 87% COMPARED TO 86% LAST QUARTER: - 7% WERE IN SNC WITH FINAL EFFLUENT LIMITS - 6% WERE IN SNC WITH CONSTRUCTION SCHEDULES/INTERIM EFFLUENT LIMITS. REGIONS I, II, III, IV, VII, VIII AND IX HAD OVERALL COMPLIANCE RATES OF 87% OR BETTER. NOTE: DATA REPRESENTS COMPLIANCE STATUS OF FACILITIES NOT IN SIGNIFI- CANT NONCOMPLIANCE AS OF MARCH 30, 1986. ------- NPDES COMPLIANCE STATUS As Of March 31, 1987 MAJOR INDUSTRIALS MAJOR MUNICIPALS WQ/t-1,4 LEGEND 6* • SNC WITH PEL 7X 2X 0 SNC WITH CS/IEL 6X 7X E3 NOT IN SNC WITH CS/1EL24X B5X Q NOT IN SNC WITH PEL 63X ------- NPDES INSPECTION ACTIVITY o THE REGIONS AND STATES HAVE CONDUCTED 1,639 PRETREATMENT INSPECTIONS AGAINST A COMBINED TARGET OF 1,075 FOR 152% OF TARGET. - THE REGIONS HAVE CONDUCTED 686 FOR 269% OF TARGET. - THE STATES HAVE CONDUCTED 953 FOR 117% OF TARGET. o FOR COVERAGE, THE REGIONS AND STATES HAVE INSPECTED 5,205 MAJOR FACILITIES AGAINST A COMBINED TARGET OF 4,738 FOR 110% OF TARGET. - THE REGIONS HAVE CONDUCTED 1,287 FOR 136% OF TARGET. - THE STATES HAVE CONDUCTED 3,918 FOR 103% OF TARGET. ------- NPDES INSPECTION ACTIVITY As Of June 30, 1987 1BOOT 1500 1200 • 900 600 - 300 PRETREATMENT COMPLIANCE 7500T 6000 4500 3000- • 1500 WOL-15A1B LEGEND - TARGET — ACTUAL -85- ------- RESPONSE TO SIGNIFICANT NONCOMPLIANCE EXCEPTIONS REPORT o THE NUMBER OF MAJOR INDUSTRIAL AND MUNICIPAL FACILITIES IN SNC FOR TWO OR MORE CONSECUTIVE QUARTERS WITHOUT BEING ADDRESSED OR RETURNED TO COMPLIANCE REMAINS AT THREE PERCENT OF ALL MAJOR FACILITIES. THERE ARE 71 FACILITIES THAT HAVE BEEN IN SNC FOR A YEAR OR MORE WITHOUT BEING ADDRESSED. THIS IS A DECREASE FROM LAST QUARTER'S 84 AND REPRESENTS 33% OF THE EXCEPTIONS REPORT. - FOR MAJOR INDUSTRIALS, 71 FACILITIES WERE CARRIED OVER FROM THE LAST QUARTER. THIRTEEN HAVE RETURNED TO COMPLIANCE AND 21 HAVE ENFORCEMENT ACTIONS INITIATED. THE REMAINING 37 PLUS 32 NEW SIGNIFICANT VIOLATORS ON THE EXCEPTIONS REPORT CONSTITUTE THE PENDING BALANCE OF 69. THERE ARE 3,669 MAJOR INDUSTRIALS, TWO PERCENT OF THESE ARE PENDING ON THE EXCEPTIONS REPORT, NO CHANGE FROM LAST QUARTER. - FOR MAJOR MUNICIPALS, 165 FACILITIES WERE CARRIED OVER FROM THE LAST QUARTER. FIFTY-FIVE HAVE RETURNED TO COMPLIANCE AND 41 HAVE ENFORCEMENT ACTIONS INITIATED. THE REMAINING 69 PLUS 62 NEW SIG- NIFICANT VIOLATORS ON THE EXCEPTIONS REPORT CONSTITUTE THE PENDING BALANCE OF 131. THERE ARE 3,698 MAJOR MUNICIPALS, FOUR PERCENT OF THESE ARE PENDING ON THE EXCEPTIONS REPORT, AN INCREASE FROM LAST QUARTER'S THREE PERCENT. ------- BO-r 60 H il M n r R 40 20- RESPONSE TO SIGNIFICANT NONCOMPLIANCE EXCEPTIONS REPORT As Of June 30, 1987 MAJOR INDUSTRIALS SNC RETURNED ENFORCEMENT PENDING TO ACTIONS COMPLIANCE N U M a R 200r 150- 100- MAJOR MUNICIPALS SNC RETURNED ENFORCEMENT PENDING TO ACTIONS COMPLIANCE WQ/L-7.8.9.10 LEGEND Q SNC 2 CONSECUTIVE QUARTERS • SNC FOR MORE THAN 2 CONSECUTIVE QUARTERS -87- ------- NPDES ENFORCEMENT ACTIVITY O DURING THE THIRD QUARTER, EPA ISSUED 248 (681 FOR THE YEAR) ADMINIS- TRATIVE ORDERS (AOs), COMPARED TO 216 DURING THE SAME QUARTER LAST YEAR (701 FOR THE YEAR). THE STATES ISSUED 439 AOs (1,275 FOR THE YEAR), COMPARED TO 523 DURING THE SAME QUARTER LAST YEAR (1,904 FOR THE YEAR). O DURING THE THIRD QUARTER, THE REGIONS REFERRED 26 CIVIL CASES COMPAP^D TO 25 FOR THE SAME QUARTER LAST YEAR. CUMULATIVELY, THE REGIONS HAVE REFERRED 51 CIVIL CASES COMPARED TO 72 AT THIS TIME LAST YEAR. THE STATES REFERRED 74 CIVIL CASES (177 FOR THE YEAR), COMPARED TO 3 FOR THE QUARTER THIS TIME LAST YEAR (129 FOR THE YEAR). NINETY-EIGHT CIVIL REFERRALS HAVE BEEN FILED IN STATE COURTS THIS YEAR. O REGIONS I, V AND VI EACH HAD A CRIMINAL REFERRAL IN THE THIRD QUARTER THE STATES IN REGION III HAD 33 CRIMINAL ACTIONS AGAINST MINORS IN THE THIRD QUARTER. ------- 500-r NPDES ENFORCEMENT ACTIVITY As Of June 30. 1987 ADMINISTRATIVE ORDERS 2 3 QUARTERS WQ/E-13.14.16,*17 LEGEND • EPA 0 STATES CIVIL REFERRALS 2 3 QUARTERS ------- STATUS OF MAJOR NPDES FEDERAL FACILITIES o EIGHTY-EIGHT PERCENT OF THE 151 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 REMAINED STEADY AT 91% THIS QUARTER. - 6% WERE IN SIGNIFICANT NONCOMPLIANCE WITH FINAL EFFLUENT LIMITS. - 3% WERE IN SIGNIFICANT NONCOMPLIANCE WITH CONSTRUCTION SCHEDULES/ INTERIM EFFLUENT LIMITS. o FOR MAJOR FEDERAL FACILITIES ON THE EXCEPTIONS REPORT, SEVEN FACILITIES WERE CARRIED OVER FROM THE LAST QUARTER. EPA INITIATED THREE ENFORCEMENT ACTIONS. THE REMAINING FOUR PLUS ONE NEW SIGNI- FICANT VIOLATOR ON THE EXCEPTIONS REPORT CONSTITUTE THE PENDING BALANCE OF FIVE FACILITIES (TWO EPA AND THREE NPDES SITES). THREE PERCENT OF ALL MAJOR FEDERAL FACILITIES ARE PENDING ON THE EXCEPTIONS REPORT. ------- STATUS OF MAJOR NPDES FEDERAL FACILITIES As Of June 30, 1987 COMPLIANCE STATUS RESPONSE TO NEW VIOLATIONS DYNAMIC BASE Q% LEGEND • SNC WITH PEL 6X E3 SNC WITH CS/IEL 3* 0 NOT SNC WITH CS/IEL OX D NOT IN SNC WITH PEL B2X WQ/L-5.6.11.12 SNC RETURNED ENFORCEMENT PENDING TO ACTIONS COMPLIANCE LEGEND D SNC 2 CONSECUTIVE QUARTERS • SNC MORE THAN 2 CONSECUTIVE QUARTERS ------- SECTION 404 ENFORCEMENT O AT THE BEGINNING OF FY 1987, 93 SITES WERE IN SIGNIFICANT VIOLATION (SV). FIFTY-SEVEN OF THESE SITES STARTED THE YEAR WITH AN ENFORCE- MENT ACTION INITIATED. O OF THE 36 SITES REMAINING UNADDRESSED, THE REGIONS TARGETED TO ADDRESS 32 BY THE END OF THE YEAR. THE REGIONS HAVE EXCEEDED THEIR THIRD QUARTER TARGET OF 24 BY ADDRESSING 28 SITES. O THE STATUS OF THE 93 SIGNIFICANT VIOLATORS AT THE END OF THE THIRD QUARTER IS AS FOLLOWS: - 19 (20%) RESOLVED BY ENFORCEMENT ACTION; - 17 (18%) RESOLVED BY NONENFORCEMENT ACTION; - 49 (53%) HAVE RECEIVED AN INITIAL ENFORCEMENT ACTION; AND 8 (9%) REMAIN UNADDRESSED. o DURING THE THIRD QUARTER, THE REGIONS CONDUCTED 107 FIELD INVESTIGA- TIONS AND CONFIRMED 116 NEW SIGNIFICANT VIOLATORS FOR A YEAR TO DATE TOTAL OF 261. OF THE 261 NEW SIGNIFICANT VIOLATORS IDENTIFIED, 99 SITES HAVE ENFORCEMENT ACTION INITIATED (58 BY EPA AND 41 BY THE COE). SIXTY-FOUR SITES HAVE BEEN RESOLVED BY EITHER FORMAL ENFORCE- MENT ACTION OR OTHER MEANS. NINETY-EIGHT SITES REMAIN UNADDRESSED. ------- SECTION 404 PROGRESS IN RETURNING SIGNIFICANT VIOLATORS TO COMPLIANCE As Of June 30,1987 REDUCTION OF FIXED BASE PENDING AS OF OCTOBER 31, 19B8 N U U 0 E r< 0 F T E s 1QOr BO TARGET RESPONSE TO NEW SIGNIFICANT VIOLATORS (DYNAMIC BASE) LEGEND • REMAIN UNAOORESSED 0 HAVE RECEIVED AN INITIAL ENFORCEMENT ACTION §3 RESOLVED BY NONENFORCEMENT ACTION D RESOLVED BY ENFORCEMENT ACTION WQ/JL-18a,19b.20 NEW SVs ADDRESSED RESOLVED DETECTED BY ENFORCEMENT PENDING -93- ------- UIC PERMIT DETERMINATIONS MADE BY EPA CLASS I - DEEP WELLS O AT THE BEGINNING OF FY 1987, OW HAD ADDRESSED THE ENTIRE EPA WORKLOAD OF EXISTING WELLS, HAVING MADE 73 PERMIT DETERMINATIONS Oil EXISTING CLASS I WELLS. O NATIONALLY, EPA MADE SEVEN PERMIT DETERMINATIONS, ACHIEVING 44% OF ITS THIRD QUARTER TARGET. ALL DETERMINATIONS WERE FOR NEW WELLS. - REGION V MET ITS TARGET. - REGIONS IX (8/2) AND X (3/0) MISSED THEIR TARGETS. PERMIT DETERMINATIONS MADE BY THE PRIMACY STATES CLASS I - DEEP WELLS o THE PRIMACY STATES PLANNED TO MAKE 64 PERMIT DETERMINATIONS FOR NEW AND EXISTING CLASS I WELLS IN FY 1987. (DATA FOR THIS MEASURE IS LAGGED ONE QUARTER.) o NATIONALLY, THE PRIMACY STATES MADE 36 PERMIT DETERMINATIONS, ACHIEVING 156% OF THEIR SECOND QUARTER TARGET. NINETEEN DETERMINATIONS WERE FOR EXISTING WELLS AND 17 WERE FOR NEW WELLS. - THE STATES IN REGIONS IV, V AND VI MET OR EXCEEDED THEIR REGIONAL TARGETS. ------- UIC CLASS I PERMIT DETERMINATIONS (Existing and New) EPA As Of June 30, 1987 .JLT N li M ,_ t) Jl> F R o 2* F D 20- l T E 1H. H M I N 10- A T N S rv / / / 1 , 1 1 I 4 / X X X .* xx s' iff 1 1 1 1 2 QUARTERS STATES As Of March 31, 70r LEGEND — TARGET — ACTUAL 2 QUARTERS DW-2 ------- UIC CLASS II PERMIT FILES REVIEWED 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 A FIVE-YEAR PERIOD. O DURING FY 1985 AND FY 1986, OW REVIEWED A TOTAL OF 7,811 FILES, LEAVING 12,426 FOR REVIEW IN THE REMAINING THREE YEARS. o NATIONALLY, EPA REVIEWED 2,766 FILES, ACHIEVING 121% OF ITS THIRD QUARTER TARGET. - REGIONS II, III, IV, V AND VI MET OR EXCEEDED THEIR TARGETS. - REGION VIII (100/50) MISSED ITS TARGET. UIC CLASS II PERMIT FILES REVIEWED BY THE PRIMACY STATES O THE PRIMACY STATES TARGETED 21,369 CLASS II FILES FOR REVIEW IN FY 1987. (FY 1986 WAS THE FIRST YEAR THAT PRIMACY STATE DATA WAS TRACKED QUARTERLY. DATA FOR THIS MEASURE IS LAGGED ONE QUARTER.) o NATIONALLY, THE PRIMACY STATES REVIEWED 8,838 FILES, ACHIEVING 981 OF THEIR SECOND QUARTER TARGETS. - THE STATES IN REGION VI AND VII EXCEEDED THEIR TARGET. - THE STATES IN REGIONS V (540/0), VIII (120/58), AND X (25/5) MISSED THEIR TARGETS. ------- UIC CLASS II PERMIT FILES EPA As Of June 30, 1987 STATES As Of March 31, 1987 350th- 2 QUARTERS 250QOr 20000 - 1500&- 10000- 5000- - LEGEND - TARGET — ACTUAL DATA FOR STATES LAGGED ONE QUARTER DW-4 ------- UIC CLASS II. III. AND V WELLS PERMIT DETERMINATIONS MADE BY EPA o AT THE BEGINNING OF FY 1985, OW PLANNED TO MAKE PERMIT DETERMINATIONS FOR 1,210 EXISTING CLASS II OIL-AND-GAS-RELATED SAH' WATER DISPOSAL (SWD) WELLS AND 31 CLASS III EXTRACTION WELLS OVER A FIVE-YEAR PERIOD. AT THE BEGINNING OF FY 1987, A TOTAL OF 970 CLAfi.-J II AND 21 CLASS III WELLS REMAINED TO BE ADDRESSED OVER THE NEXT 3 YEARS. o NATIONALLY, EPA MADE 310 DETERMINATIONS AGAINST A TARGET OF 307, ACHIEVING 100% OF ITS THIRD QUARTER TARGET. - REGIONS II, IV, V, VII, AND VIII MET OR EXCEEDED THEIR TARGET? - REGIONS III (5/3), AND IX (1/0) MISSED THEIR TARGETS. UIC CLASS II. III. AND V PERMIT DETERMINATIONS MADE BY THE PRIMACY STATES O THE PRIMACY STATES PLANNED TO MAKE 5,506 PERMIT DETERMINATIONS FOR NEW AND EXISTING CLASS II, III AND V WELLS IN FY 1987. (DATA FOR THIS MEASURE IS LAGGED ONE QUARTER.) O NATIONALLY, THE PRIMACY STATES MADE 3,763 PERMIT DETERMINATIONS ACHIEVING 152% OF THEIR SECOND QUARTER TARGET. - THE STATES IN REGIONS II, IV, V, VII, VIII AND IX EXCEEDED THEJ'i TARGETS. - THE STATES IN REGIONS I (17/0) MISSED THEIR TARGETS. ------- UIC CLASS II, III AND V PERMIT DETERMINATIONS (Existing and New) EPA As Of June 30, 1987 STATES As Of March 31, 1907 500r 6000-r 500&- 4000-- 3000- 200&- 1000- 2 3 QUARTERS LEGEND - TARGET — ACTUAL 2 3 QUARTERS 5-YEAR WORKLOAD FOR EXISTING WELLS (AS OF BOY 1985) CLASS II 1.210 CLASS III 31 DW-3 _QQ- ------- UIC MECHANICAL INTEGRITY TESTS VERIFIED BY EPA O AT THE BEGINNING OF FY 1985, OW PLANNED TO VERIFY THE MECHANICAL INTEGRITY TESTING OF 20,237 EXISTING CLASS II, OIL AND GAS, UNDERGROUND INJECTION WELLS OVER A FIVE-YEAR PERIOD. DURING FY 1985 AND 1986, OW VERIFIED A TOTAL OF 6,442 TESTS PERFORMED BY OPERATORS. O NATIONALLY, EPA VERIFIED THE MECHANICAL INTEGRITY TESTING OF 2,143 WELLS, ACHIEVING 115% OF ITS THIRD QUARTER TARGET. - REGIONS III, V, VI AND VIII EXCEEDED THEIR TARGETS. UIC MECHANICAL INTEGRITY TESTS VERIFIED BY THE PRIMACY STATES O THE PRIMACY STATES PLANNED TO VERIFY THE MECHANICAL INTEGRITY TESTING OF 30,883 EXISTING CLASS II WELLS IN FY 1986. FOR FY 1986 THEY COMPLETED 28,755 WELLS ACHIEVING 93% OF THEIR END OF YEAR TARGETS. (DATA FOR THIS MEASURE IS LAGGED ONE QUARTER.) O NATIONALLY, FOR THE SECOND QUARTER, THE PRIMACY STATES VERIFIED THE MECHANICAL INTEGRITY TESTS OF 10,325 WELLS, ACHIEVING 120% OF THEIR SECOND QUARTER TARGET. - THE STATES IN REGIONS IV, VI, VII, IX AND X MET OR EXCEEDED THEIR TARGETS. - THE STATES IN REGIONS V (240/0), MISSED THEIR TARGETS. ------- UNDERGROUND INJECTION CONTROL COMPLIANCE SIGNIFICANT NONCOMPLIANCE BASED ON FIELD INSPECTIONS, MITs AND SELF-REPORTING, 1,625 WELLS WERE IDENTIFIED AS BEING NEWLY IN SNC. LAST QUARTER, THERE WERE 1,527 WELLS IN SNC. - 122 CLASS I AND IV WELLS OUT OF 654 WELLS. - 1,503 CLASS II, III, AND V WELLS OUT OF 261,135 WELLS. ADDRESSING SIGNIFICANT NONCOMPLIANCE AT THE END OF THE SECOND QUARTER, THERE WERE 66 CLASS I WELLS IN SNC (SEVEN IN DIRECT IMPLEMENTATION STATES AND 59 IN PRIMACY STATES) AND 728 CLASS II, III, AND V WELLS IN SNC (698 IN DIRECT IMPLEMENTA- TION STATES AND 30 IN PRIMACY STATES). BY THE END OF THE THIRD QUARTER ALL BUT TWO OF THE CLASS I WELLS HAD RETURNED TO COMPLIANCE WHILE ALL OF THE CLASS 1C, III AND IV WELLS WERE ADDRESSED. ENFORCEMENT ACTIONS THROUGH THE SECOND QUARTER, PRIMACY STATES ISSUED 83 ADMINISTRATIVE ORDERS AND HAD NO CIVIL REFERRALS. EPA HAS ISSUED 15 PROPOSED ADMINISTRATIVE ORDERS THIS YEAR. FIELD INSPECTIONS NATIONALLY, EPA AND THE STATES EXCEEDED THEIR TARGETS FOR FIELD INSPECTIONS. EPA CONDUCTED 6,582 FIELD INSPECTIONS AGAINST A TARGET OF 4,809 FOR 137% OF TARGET. THE STATES CONDUCTED 36,710 AGAINST A TARGET OF 20,220 FOR 182% OF TARGET. - ALL REGIONS AND THEIR STATES MET THEIR TARGETS. ------- PUBLIC WATER SYSTEMS COMPLIANCE o FOR THE 12 MONTHS ENDING DECEMBER 31, 1986, 1,122 OF 57,297 (2%) COMMUNITY WATER SYSTEMS WERE IN SIGNIFICANT NONCOMPLIANCE (SNC) WITH MICROBIOLOGICAL OR TURBIDITY MAXIMUM CONTAMINANT LEVELS (MCLs) AND/OR MONITORING AND REPORTING (M&R) REQUIREMENTS AND/OR TOTAL TRIHALOME- THANE (TTHM) M&R REQUIREMENTS. THE REMAINING 56,175 SYSTEMS WERE EITHER IN FULL COMPLIANCE OR HAD VIOLATIONS OTHER THAN SNC. - NATIONALLY, WITH 1,122 SYSTEMS IN SNC, THE REGIONS AND STATES SURPASSED THEIR THIRD QUARTER TARGET OF HAVING LESS THAN 1,698 SYSTEMS IN SNC. SANITARY SURVEYS o NATIONALLY, THE REGIONS AND STATES SURPASSED THEIR THIRD QUARTER TARGET OF 21,995 SANITARY SURVEYS BY CONDUCTING 26,703, FOR 121% OF TARGET. NOTE: STATE DATA IS LAGGED TWO QUARTERS. ------- PUBLIC WATER SUPPLY ENFORCEMENT RESPONSE TO SNC EXCEPTIONS REPORTING FOR THE 12 MONTHS ENDING SEPTEMBER 30, 1986, THERE WERE 1,245 COMMUNITY SYSTEMS IDENTIFIED AS BEING IN SNC. BY MAY 30, 1987; 141 OF THOSE SYSTEMS HAD BEEN RETURNED TO COMPLIANCE; 46 PLACED ON COM- PLIANCE SCHEDULES; AND 170 SUBJECTED TO AN ENFORCEMENT ACTION. THE PENDING BALANCE OF 888 SYSTEMS (1.5% OF ALL COMMUNITY WATER SYSTEMS) WERE NOT ADDRESSED IN A TIMELY AND APPROPRIATE MANNER. FIXED BASE AS OF JUNE 30, 1986, THERE WERE 2,281 SYSTEMS IN SNC WITH CHEMICAL AND RADIOLOGICAL MAXIMUM CONTAMINANT LEVELS AND/OR MONITORING AND REPORTING (EXCEPT TTHM M/R) REQUIREMENTS. FOR THE THREE MONTHS ENDING SEPTEMBER 30, 1986, 396 HAD RETURNED TO COMPLIANCE; 52 WERE PLACED ON COMPLIANCE SCHEDULES; 51 SUBJECTED TO AN ENFORCEMENT ACTION. THERE ARE 1,782 OR 78% OF THE FIXED BASE REMAINING TO BE ADDRESSED. ENFORCEMENT ACTIVITY DURING THE FIRST QUARTER OF FY 1987, THE STATES REFERRED 107 CIVIL CASES AND ISSUED 187 ADMINISTRATIVE ORDERS AGAINST SYSTEMS IN SNC. THROUGH THE THIRD QUARTER THIS YEAR, EPA HAS REFERRED ONE CASE AND ISSUED 52 PROPOSED ADMINISTRATIVE ORDERS. NOTE: STATE DATA IS LAGGED TWO QUARTERS. ------- PUBLIC WATER SYSTEMS RESPONSE TO SNC As Of December 31, 1986 EXCEPTIONS REPORT FIXED BASE SNC RETURN TO ENFORCEMENT PENDING COMPLIANCE ACTIONS SNC RETURN TO ENFORCEMENT PENDING COMPLIANCE ACTIONS DW/E 2.3.4 -105- ------- Office of Solid Waste and Emergency Response ------- OFFICE OF SOLID WASTE AND EMERGENCY RESPONSE THIRD QUARTER HIGHLIGHTS *• o SUPERFUND PRELIMINARY ASSESSMENT AND SITE INSPECTION TARGETS FOR THIRD QUARTER WERE EXCEEDED. HOWEVER, PERFORMANCE IN THE REMEDIAL PROGRAM WAS BELOW TARGET. o THE REGIONS MISSED THE THIRD QUARTER RCRA TARGETS FOR BOTH FINAL DETERMINATIONS AND CLOSURE PLAN APPROVALS FOR LAND DISPOSAL FACILITIES. DURING FOURTH QUARTER, THE REGIONS HAVE TO COMPLETE 61% OF THE TOTAL FY 1987 TARGET TO MEET THEIR COMMITMENT FOR LDF FINAL DETERMINATIONS. ------- PRELIMINARY ASSESSMENTS AND SITE INSPECTIONS o THE REGIONS COMPLETED 2,570 PRELIMINARY ASSESSMENTS THROUGH THE OF THE THIRD QUARTER, FOR 111% OF THE TARGET OF 2,304. O THE REGIONS COMPLETED 915 SITE INSPECTIONS THROUGH THE END OF THE THIRD QUARTER, FOR 115% OF THE TARGET OF 799. REMOVAL ACTIVITIES O AT THE END OF THIRD QUARTER THE REGIONS HAVE INITIATED 22 FIRST REMOVAL ACTIONS AT NPL SITES. 41 ARE TARGETED TO BEGIN BY THE END OF FOURTH QUARTER. IN ADDITION, 21 SUBSEQUENT (RETURN) ACTIONS HAVE BEEN INITIATED THROUGH THE END OF THE THIRD QUARTER. O AT THE END OF THIRD QUARTER 27 NPL SITES HAVE BEEN STABILIZED VIA REMOVAL ACTION. SOME OF THESE STABILIZATIONS RESULT FROM REMOVAL ACTIONS BEGUN IN FY 1986. -iin- ------- SUPERFUND PRELIMINARY ASSESSMENTS/SITE INSPECTIONS As Of June 30, 1987 PRELIMINARY ASSESSMENTS 4fiOO-r QUARTERS 1500T 1125-- 750-• 375 - SITE INSPECTIONS QUARTERS LEGEND S/F-1,2 TARGET ACTUAL -in- ------- PROGRESS ON REMEDIAL INVESTIGATIONS/FEASIBILITY STUDIES fRI/FS) AT THE END OF THIRD QUARTER THERE WERE 951 SITES PROPOSED FOR, OR ON THE NPL. RI/FS STARTS o RI/FS WERE INITIATED AT 73 NPL SITES THROUGH THE THIRD QUARTER, FOR 89% OF THE TARGET OF 82. PRPs FINANCED 31, OR 42% OF THE RI/FS STARTS. O 35 SUBSEQUENT RI/FS ALSO WERE STARTED, FOR 81% OF THE TARGET OF 4!» 5, OR 14%, WERE FUNDED BY PRPs. o PROGRAM-TO-DATE INFORMATION SHOWS THAT RI/FS HAVE BEEN INITIATED AT ABOUT 539 NPL SITES: -394 (73%) FUND FINANCED - 68 (13%) BOTH - 72 (13%) PRP FINANCED - 5 (1%) FEDERAL FACILITIES RECORDS OF DECISION (RODs) O 13 RODS HAVE BEEN SIGNED FOR NPL SITES THROUGH THE THIRD QUARTER, FOR 28% OF THE TARGET OF 46. IN ADDITION, 5 SUBSEQUENT RODS WERE f SIGNED FOR 45% OF THE TARGET OF 11. O PROGRAM-TO-DATE INFORMATION SHOWS DECISIONS HAVE BEEN MADE AT ABOUT 190 NPL SITES, OR 35% OF THE SITES WITH RI/FS UNDERWAY. ------- SUPERFUND PROGRESS ON REMEDIAL INVESTIGATIONS/FEASIBILITY STUDIES As Of June 30, 1987 150r FIRST RI/FS STARTS QUARTERS 100-r S/C-5.6 LEGEND — TARGET — ACTUAL FIRST ROD DECISIONS QUARTERS -113- ------- PROGRESS ON REMEDIAL ACTION ACTIVITY O AT THE END OF THIRD QUARTER, FIRST REMEDIAL ACTION ACTIVITY HAS BUSN r INITIATED AT 23 NPL SITES, WHILE 30 WERE TARGETED TO START. THE FUND FINANCED 13 OF 18 TARGETED SITES, WHILE PRPs FINANCED 10 OF 3 ?. TARGETED SITES. IN ADDITION, THE REGIONS INITIATED THE 7 ANTICIPATED SUBSEQUENT RI/FS. 6 WERE FUND FINANCED, EXCEEDING A TARGET OF 5, WHILE 1 WAS PRP FINANCED AGAINST A TARGET OF 2. O PROGRAM-TO-DATE INFORMATION SHOWS THAT REMEDIAL ACTIVITY HAS BEGUN AT ABOUT 108 NPL SITES. 53 HAVE BEEN FUND-FINANCED AND 55 HAVE BE^N FINANCED BY PRPs. REMEDIAL ACTION HAS BEEN INITIATED AT 57% OF TIlf-1 NPL SITES FOR WHICH A ROD HAS BEEN SIGNED. O THROUGH THE THIRD QUARTER, ALL REMEDIAL CONSTRUCTION HAS BEEN COMPLETED AT 4 NPL SITES, EXCEEDING A TARGET OF 2. O AT THE END OF THIRD QUARTER THE NPL DELETION PROCESS HAS BEGUN AT 1 NPL SITES, AGAINST A TARGET OF 5. O AS OF MARCH 31, 1987, 13 SITES HAVE BEEN DELETED FROM THE NPL. -114- ------- SUPERFUND REMEDIAL ACTION PROGRESS AT SITES As Of June 30, 1987 FIRST REMEDIAL ACTION START (FUND) QUARTERS FIRST REMEDIAL ACTION START (PRP) 2 QUARTERS N U M B E R 0 F T E S 10T B- 6 4-- ALL REMEDIAL CONSTRUCTION COMPLETE (PRP & FUND) S/C-7(a).B QUARTERS LEGEND - TARGET - ACTUAL -11 R- ------- SUPERFUND ENFORCEMENT ACTIVITY o SECTION 107 COST RECOVERY ACTIONS - THE REGIONS EXCEEDED THEIR CUMULATIVE THIRD QUARTER TARGET FOR REFERRING SECTION 107 COST RECOVERY ACTIONS. TWENTY-TWO SECTION 107 COST RECOVERY ACTIONS WERE REFERRED VERSUS A TARGET OF 18. TWENTY-ONE SECTION 107 ACTIONS WERE REFERRED THROUGH THE THIRD QUARTER OF FY 1986. O SECTION 106 REFERRALS DIRECTING PRIVATE PARTY CLEAN-UP *• ELEVEN SECTION 106 REFERRALS WERE MADE THROUGH THE THIRD QUARTER OF FY 1987 ONE SECTION 106 REFERRAL WAS MADE THROUGH THE THIRD QUARTER OF FY 1986. THERE ARE NO SPMS TARGETS FOR SECTION 106 REFERRALS. o FORMAL ADMINISTRATIVE ENFORCEMENT ACTIONS - THROUGH THE THIRD QUARTER 89 FORMAL ADMINISTRATIVE ACTIONS WERE ISSUED. FIFTY-FIVE WERE AT NPL SITES (13 REMOVAL/42 REMEDIAL) AND 34 WERE AT NON-NPL SITES (ALL REMOVAL). THROUGH THE THIRD QUARTER OF FY 1986, 50 (14 NPL/36 NON-NPL) ADMINISTRATIVE ORDERS WERE ISSUED. ------- SUPERFUND ENFORCEMENT ACTIVITY As Of June 30, 1987 SECTION 107 COST RECOVER CIVIL REFERRALS (CUMULATIVE) 35T SECTION 108 CIVIL REFERRALS (CUMULATIVE) 2 3 QUARTERS S/E-2(a) LEGEND E3 CUMULATIVE TARGET • CUMULATIVE ACTUAL 2 3 QUARTERS FORMAL ADMINISTRATIVE ENFORCEMENT ACTIONS (CUMULATIVE) 0 2 3 QUARTERS LEGEND NON-NPL NPL -117- ------- CHEMICAL EMERGENCY PREPAREDNESS PROGRAM o TWENTY-FOUR STATES HAD STATE IMPLEMENTATION MEMOS (SIMs) IN PLACE AT THE END OF THE THIRD QUARTER. TWENTY-FIVE ADDITIONAL STATES HAVE INDICATED THEY ARE WILLING TO COMPLETE A SIM. THESE MEMOS ESTABLISH WORKING RELATIONSHIPS BETWEEN THE STATES AND EPA AND IDENTIFY PRIORITY AREAS WHERE EMERGENCY PREPAREDNESS PLANS WILL BE DEVELOPED AND TESTED. o YEAR-TO-DATE, EPA HAS ASSISTED STATES IN CONDUCTING 30 SIMULATIONS OF CHEMICAL EMERGENCIES, ESSENTIALLY MEETING ITS TARGET OF 31. THE PURPOSE OF THESE SIMULATIONS IS TO TEST COMMUNITY PREPAREDNESS TO RESPOND TO AN EMERGENCY. o AS OF JUNE 30, 1987, 47 STATES HAVE ESTABLISHED STATE EMERGENCY RESPONSE COMMISSIONS AS REQUIRED BY TITLE III. THE STATUTORY DEADLINE TO ESTABLISH COMMISSIONS WAS IN APRIL 1987. -118- ------- CHEMICAL EMERGENCY PREPAREDNESS As Of June 30, 1987 STATUS OF STATE IMPLEMENTATION MEMOS OMSE1 LEGEND • SIM IN PLACE 0 SIM EXPECTED EJ NO SIM EXPECTED D STATUS UNKNOWN 50T 40 EPA-ASSISTED EMERGENCY SIMULATIONS LEGEND * TARGET - ACTUAL -119- ------- RCRA/HSWA STATE AUTHORIZATION O STATES MAY BE DELEGATED PHASES OF THE BASE RCRA PROGRAM OR CERTAIN ELEMENTS OF THE HSWA PROGRAM. THIS SPMS MEASURE ONLY TRACKS THE AUTHORIZATION PROCESS FOR FULL HSWA DELEGATION. O TEN STATES HAVE SUBMITTED APPLICATIONS FOR THE HSWA CLUSTER THROUGH THE THIRD QUARTER. DURING THE THIRD QUARTER APPLICATIONS WERE RECEIVED FROM NORTH CAROLINA AND INDIANA. o GEORGIA REMAINS THE ONLY STATE AUTHORIZED TO MANAGE THE HSWA PROGRAM. ------- s T A T E S pi w. p it m& M M ME CT R/C-1 VI PR n RCRA/HSWA AUTHORIZATION STATUS As Of June 30, 1987 IV pi ^ m r gNM^ /s %& m IA |MT| CM CA AS v vi REGIONS VII VIII IX ID AK LEGEND D NONE 0 BASE PROGRAM ONLY * HSWA APPLICATION • HSWA AUTHORIZED 14 41 TOTAL 56 ------- CORRECTIVE ACTION ACTIVITY O AT THE END OF THIRD QUARTER, THE REGIONS HAD COMPLETED RCRA FACILITY ASSESSMENTS (RFAs) AT 216 FACILITIES. OF THESE, 177 LDFs, 5 INCINERATORS, AND 34 TREATMENT/STORAGE FACILITIES WERE ASSESSED. O THROUGH THE END OF THIRD QUARTER, REMEDIAL INVESTIGATIONS HAVE BEEN IMPOSED FOR 26 SITUATIONS REQUIRING CORRECTIVE ACTION. OF THESE, 19 LDFs, 1 INCINERATOR AND 6 TREATMENT/STORAGE FACILITIES HAVE A REMEDIAL INVESTIGATION UNDERWAY AT ALL OR PART OF THE FACILITY. o CORRECTIVE MEASURES DECISIONS HAVE BEEN MADE AT 1 LDF (REGION IV) AND 1 TREATMENT/STORAGE FACILITY (REGION VII). -1 23- ------- PERMITTING PROGRESS AT LAND DISPOSAL FACILITIES O AT THE END OF THIRD QUARTER, THE MULTI-YEAR PERMITTING PLANS ARE TRACKING PERMITTING PROGRESS AT 408 LAND DISPOSAL FACILITIES (LDFs) O FINAL DETERMINATIONS: THE REGIONS HAVE MADE 41 FINAL LDF PERMIT DETERMINATIONS, OR 84% OF THE THIRD QUARTER TARGET OF 49. THE REGIONS WILL HAVE TO MAKE 64 FINAL DETERMINATIONS OR 61% OF THE TOTAL FY 1987 TARGET TO MEET THE FOURTH QUARTER COMMITMENT. IN THIRD QUARTER 1 PERMIT WAS ISSUED AND 13 WERE DENIED. o PUBLIC NOTICES: THE REGIONS HAVE ISSUED 69 PUBLIC NOTICES FOR LDFs THROUGH THE THIRD QUARTER, 42 OF THOSE ARE DRAFT PERMITS AND 27 ARE NOTICES OF INTENT TO DENY PERMITS. ------- RCRA LAND DISPOSAL FACILITY PERMITTING As Of June 30, 1987 120-r N „ 9D-- U M 0 R/C-2(d)A(e) QUARTERS LEGEND — TARGET - ACTUAL ------- PERMITTING PROGRESS AT INCINERATORS o 22 FINAL DETERMINATIONS FOR INCINERATORS HAVE BEEN MADE IN FY 1987 6 OF THESE DETERMINATIONS WERE MADE DURING THE THIRD QUARTER. - 12 PERMITS HAVE BEEN ISSUED. - 1 PERMIT HAS BEEN DENIED. - 9 CLOSURE PLANS HAVE BEEN APPROVED. o IN ADDITION, 20 DRAFT DETERMINATIONS HAVE BEEN ISSUED THROUGH THE THIRD QUARTER. ------- PERMITTING PROGRESS AT STORAGE AND TREATMENT FACILITIES o 169 FINAL DETERMINATIONS FOR STORAGE/TREATMENT FACILITIES HAVE BEEN MADE THROUGH THE THIRD QUARTER. CLOSE TO 40% OF THESE WERE MADE DURING THE THIRD QUARTER. - 29 PERMITS HAVE BEEN ISSUED. 6 PERMITS HAVE BEEN DENIED. - 134 CLOSURE PLANS HAVE BEEN APPROVED. O IN ADDITION, THE REGIONS HAVE ISSUED 191 DRAFT DETERMINATIONS FOR STORAGE/TREATMENT FACILITIES. CLOSE TO 40% OF THESE WERE ISSUED DURING THE THIRD QUARTER. ------- PROGRESS AT CLOSING FACILITIES LAND DISPOSAL o THE REGIONS HAVE APPROVED 163 LDF CLOSURE PLANS, OR 92% OF THE THIRD QUARTER TARGET OF 177. REGIONS II, III, V AND VI EXCEEDED THEIR TARGETS SUBSTANTIALLY, WHILE REGIONS I, IV, VIII, IX AND X MISSED THEIR TARGETS. THE CUMULATIVE FOURTH QUARTER TARGET IS TO APPROVE 282 CLOSURE PLANS, WHICH MEANS THE REGIONS WILL HAVE TO TO APPROVE 119 CLOSURE PLANS DURING THE FOURTH QUARTER. O THROUGH THE THIRD QUARTER, THE REGIONS HAVE ISSUED 125 NOTICES OF CLOSURE PLAN AVAILABILITY FOR LDFs. -T 00 ------- RCRA CLOSURE PLAN APPROVALS FOR LAND DISPOSAL FACILITIES As Of June 30, 1987 280-r R/C-2(0 2 QUARTERS LEGEND - TARGET - ACTUAL -129- ------- RCRA INSPECTIONS OF LAND DISPOSAL FACILITIES O EPA AND THE STATES HAVE ACCOMPLISHED 103% OF THEIR CUMULATIVE THIRD QUARTER TARGET FOR INSPECTIONS OF LAND DISPOSAL FACILITIES BY CON- DUCTING 969 INSPECTIONS VERSUS A TARGET OF 942. RCRA INSPECTIONS OF TREATMENT AND STORAGE FACILITIES O EPA AND THE STATES EXCEEDED THEIR CUMULATIVE THIRD QUARTER TARGET FOR INSPECTIONS OF TREATMENT AND STORAGE FACILITIES BY CONDUCTING 1,565 (123%) VERSUS A TARGET OF 1,275. RCRA INSPECTIONS OF FEDERAL, STATE. AND LOCAL GOVERNMENT TSDF's (EPA ONLY) O THE EPA REGIONS EXCEEDED THEIR CUMULATIVE THIRD QUARTER TARGET FOR INSPECTIONS OF FEDERAL, STATE, AND LOCAL TSDF's BY CONDUCTING 277 (108%) VERSUS A TARGET OF 257. -130- ------- 125-r- RCRA INSPECTIONS OF LAND DISPOSAL FACILITIES As Of June 30, 1987 125+ 125r 125+ -TARGET R/E-2(a) V VI REGIONS LEGEND EPA ft STATES vn vm -131- ------- RCRA - PROGRESS ON ADDRESSING LAND DISPOSAL FACILITIES IN SIGNIFICANT NONCOMPLIANCE o THE BEGINNING-OF-YEAR SIGNIFICANT NONCOMPLIER UNIVERSE (774) FOR THE RCRA ENFORCEMENT PROGRAM HAS BEEN ADJUSTED DOWNWARD TO REFLECT FACILITIES IN REGION IX WHICH WERE ACTUALLY IN COMPLIANCE AT THE BEGINNING OF THE YEAR. THE UNIVERSE OF SNC's NOW TOTALS 755 LAND DISPOSAL FACILITIES. o THE PROGRAM EXCEEDED ITS CUMULATIVE THIRD QUARTER TARGET FOR ADDRESS- ING SNC's. NINETY-SIX WERE PENDING AT THE END OF THE QUARTER AGAINST THE PROGRAM GOAL OF HAVING 110 PENDING. O THE DISTRIBUTION OF THE 755 SNC's IN THE FIXED BASE AT THE END OF THE THIRD QUARTER IS AS FOLLOWS: - 102 (14%) RETURNED TO PHYSICAL COMPLIANCE; - 307 (41%) ARE UNDER A FINAL, EFFECTIVE ADMINISTRATIVE ORDER, COURT JUDGMENT OR CONSENT DECREE; - 250 (33%) HAVE RECEIVED AN INITIAL ADMINISTRATIVE OR JUDICIAL COMPLAINT; AND, 96 (13%) ARE PENDING. ------- RCRA-PROGRESS ON ADDRESSING LAND DISPOSAL FACILITIES IN SIGNIFICANT NONCOMPLIANCE As Of June 30, 1987 Reduction of Fixed Base (Pending As Of October 1, 1066) BOOT TARGET BOY 1 QUARTERS LEGEND D RETURNED TO COMPLIANCE m ON COMPLIANCE SCHEDULES E3 INITIAL ENFORCEMENT ACTION TAKEN • PENDING -133- ------- RCRA ENFORCEMENT ACTIVITY FORMAL ADMINISTRATIVE ACTIONS THROUGH THE THIRD QUARTER, THE EPA REGIONS ISSUED 144 FORMAL ADMINIS- TRATIVE ACTIONS TO TSDF's. THIS COMPARES WITH 142 FOR THE SAME PERIOD LAST YEAR. THE STATES ISSUED 326 FORMAL ADMINISTRATIVE ACTIONS TO TSDF's THROUGH THE THIRD QUARTER COMPARED TO 318 IN THE FIRST THREE QUARTERS OF FY 1986. CIVIL ACTIONS THE EPA REGIONS REFERRED 19 CIVIL ACTIONS UNDER RCRA THROUGH THE THIRD QUARTER COMPARED TO 47 FOR THE SAME PERIOD LAST YEAR. THE STATES FILED 29 CIVIL ACTIONS IN STATE COURTS THROUGH THE THIRD QUARTER COMPARED TO 18 IN THE FIRST THREE QUARTERS OF FY 1986. CRIMINAL REFERRALS THE EPA REGIONS REFERRED 12 CRIMINAL ACTIONS UNDER RCRA DURING THE FIRST THREE QUARTERS OF FY 1987 COMPARED TO 13 FOR THE SAME PERIOD LAST YEAR. THE STATES REPORTED THE FILING OF THREE CRIMINAL ACTIONS IN STATE COURTS THROUGH THE THIRD QUARTER OF FY 1987 (ALL IN REGION IX). NO STATE CRIMINAL ACTIONS WERE REPORTED AS BEING FILED DURING ALL OF FY 1986. ------- 5QQT RCRA ENFORCEMENT ACTIVITY As Of June 30, 1987 ADMINISTRATIVE COMPLAINTS ISSUED TO TSDF's 2 3 QUARTERS 50T R/E-6 LEGEND D STATES • EPA CIVIL REFERRALS AGAINST TSDF's 2 3 QUARTERS -135- ------- RCRA FEDERAL FACILITIES STATUS PROGRESS AGAINST SIGNIFICANT NONCOMPLIANCE o FORTY-FIVE FACILITIES WERE REPORTED AS BEING IN SIGNIFICANT NONCOM- PLIANCE AT THE END OF THE QUARTER (14 ARE FEDERAL LEAD AND 31 ARE STATE LEAD). OF THESE, 29 (EIGHT FEDERAL LEAD AND 21 STATE LEAD) WERE THE SUBJECT OF ENFORCEMENT ACTIONS THAT ADDRESSED ALL SIGNI- FICANT NONCOMPLIANCE. ------- RCRA - FEDERAL FACILITIES STATUS As Of June 30, 1987 PROGRESS AGAINST SNC 50-r 10 + R/E-5A LEGEND | SNC/ENO OF QUARTER/UNADDRESSED | SNC/ENO OF QUARTER/ADDRESSED -1T7- ------- UNDERGROUND STORAGE TANKS STATE PROGRAMS o IN THE THIRD QUARTER, STATES ESTIMATED THAT, NATIONWIDE, ABOUT 2.3 MILLION UNDERGROUND STORAGE TANKS (USTs) FALL UNDER REQUIREMENTS OF FEDERAL UST LAWS. o 36 STATES CURRENTLY OPERATE THEIR OWN PROGRAMS FOR REGULATING UNDERGROUND STORAGE TANKS. THESE STATES HAVE ABOUT 2 MILLION UNDERGROUND TANKS, OR 86% OF THE NATIONAL UNIVERSE. OF THE STATES WITH PROGRAMS, 15 HAVE LAWS AND DRAFT REGULATIONS WHICH MAY PROVIDE FOR A FEDERALLY APPROVED PROGRAM. o EIGHT STATES HAVE A LAW OR DRAFT REGS BUT HAVE NO UST PROGRAM IN PLACE. THESE STATES HAVE AN ESTIMATED 159,000 TANKS., OR 7% OF THE NATIONAL UNIVERSE. o TWELVE STATES AND TERRITORIES HAVE NO PROGRAM, NO ENABLING LAW AND NO REGS. THESE AREAS HAVE AN ESTIMATED 190,000 UNDERGROUND TANKS, OR ABOUT 8% OF THE NATIONAL UNIVERSE. ------- UNDERGROUND STORAGE TANKS REGULATORY PROGRAM o IN JUNE, EPA HELD THREE PUBLIC HEARINGS ON ITS PROPOSED RULES COVERING THE ESTABLISHMENT OF FEDERALLY APPROVED STATE PROGRAMS, TECHNICAL REQUIREMENTS FOR TANKS, AND FINANCIAL RESPONSIBILITY REQUIREMENTS FOR TANK OWNERS. ENFORCEMENT OF INTERIM PROHIBITION O THROUGH THE THIRD QUARTER OF FY 1987, 1,089 TANKS WERE DETERMINED TO BE IN VIOLATION OF PROVISIONS OF THE INTERIM PROHIBITION. 875, OR 80%, OF THE VIOLATORS WERE IDENTIFIED BY STATES IN REGION IV AND REGION VIII. 253 VIOLATING TANKS (148 IN REGION IV) HAVE BEEN BROUGHT INTO COMPLIANCE. THE INTERIM PROHIBITION IS EXPECTED TO END IN JULY 1988, AFTER FINAL RULES ARE ISSUED. -139- ------- Office of Pesticides and Toxic Substances ix;;s::^^ . -141- ------- OFFICE OF PESTICIDES AND TOXIC SUBSTANCES THIRD QUARTER HIGHLIGHTS O OPTS CONTINUES TO MEET OR EXCEED MOST OF ITS CUMULATIVE TARGETS IN BOTH THE PESTICIDES AND TOXIC SUBSTANCES PROGRAMS. AS IN THE SECOND QUARTER, CUMULATIVE TARGETS WERE MISSED (BY MORE THAN 10%) FOR PESTICIDE REGISTRATION APPLICATIONS AND EXISTING CHEMICALS7 TESTING ACTIONS. O BACKLOGS CONTINUE TO INCREASE FOR 3 OF THE 4 CATEGORIES OF PESTICIDE REGISTRATION APPLICATIONS, AND EMERGENCY EXEMPTIONS. o THE PROGRAM HAS EXCEEDED THIRD QUARTER COMPLIANCE INSPECTION TARGETS FOR BOTH THE PESTICIDES AND TOXIC SUBSTANCES PROGRAM. o THE NUMBER OF FIFRA ENFORCEMENT ACTIONS INCREASED SIGNIFICANTLY IN THE THIRD QUARTER, COMPARED TO MID-YEAR. o THE REGIONS CONTINUE TO EXCEED LAST YEAR'S LEVELS IN IDENTIFYING AND ADDRESSING NEW TSCA SNC CASES. -143- ------- PESTICIDE DATA CALL-IN O THE DATA CALL-IN ACTIVITY HAS BEEN RESTRUCTURED TO BECOME A PART OF THE ACCELERATED REREGISTRATION PROJECT. AS A RESULT, OPTS HAS ISSUED DATA CALL-IN NOTICES (TOXICOLOGY AND EXPOSURE DATA) FOR 371 ANTI-MICROBIAL CHEMICALS, WHICH EXCEEDS THE END-OF-YEAR TARGET OF 50 BY OVER 600%. O 67 OF THE 371 NOTICES OCCURRED IN THE THIRD QUARTER. OF THESE, 60 WERE DIRECTED TO CHEMICALS FOR WHICH THERE WAS A POSSIBILITY OF DIOXIN/FURAN CONTAMINATION. -144- ------- PESTICIDE DATA CALL-IN CUMULATIVE NUMBER OF FY 1987 CHEMICALS As Of June 30, 1987 400-r P-1 QUARTERS LEGEND - TARGET — ACTUAL ------- PESTICIDE REGISTRATION STANDARDS o OPTS HAS ESTABLISHED 20 REGISTRATION STANDARDS DURING FY 1987, EXCEEDING ITS CUMULATIVE THIRD QUARTER TARGET OF 18 STANDARDS. o DURING THE THIRD QUARTER, REGISTRATION STANDARDS (COVERING EIGHT ACTIVE INGREDIENTS) WERE ISSUED FOR NABAM, MANCOZEB, EPN, OXAMYL, BENDIOCARB, DIPHENAMID, FENAMIPHOS, AND FOLPET. THESE EIGHT STANDARDS COVER 249 PESTICIDE PRODUCTS AND APPROXIMATELY 1.05% OF THE PESTICIDES USED IN THE UNITED STATES. O SINCE THE PROGRAM WAS ESTABLISHED IN 1980, OPTS HAS ISSUED REGISTRATION STANDARDS COVERING: - 10,582 PESTICIDE PRODUCTS OUT OF A UNIVERSE OF APPROXIMATELY 45,000. - 82.35% OF THE PESTICIDES USED (BY WEIGHT) IN THE UNITED STATES. - 186 PESTICIDE ACTIVE INGREDIENTS OUT OF A TOTAL OF 578. -146- ------- PESTICIDE REGISTRATION STANDARDS CUMULATIVE NUMBER OF STANDARDS ESTABLISHED As Of June 30, 1987 25-r P-2 QUARTERS LEGEND — TARGET — ACTUAL -147- ------- IMPLEMENTATION OF REGISTRATION STANDARDS THIS IS A REVISED MEASURE TO MORE ACCURATELY ASSESS PROGRESS FROM THE INTERIM REGISTRATION STANDARD (RS) TO THE FINAL REGULATORY STANDARD AND TOLERANCE REASSESSMENT (FRSTR). A RS ENTERS PRE-STAGE 1 WHEN IT HAS BEEN SIGNED AND REMAINS THERE UNTIL ALL REGISTRANT RESPONSES HAVE BEEN PROCESSED. EIGHT RSs ENTERED PRE-STAGE 1 IN BOTH THE SECOND AND THIRD QUARTER, EXCEEDING A CUMULATIVE TARGET OF 12. 56 RSs ARE IN THE PRE-STAGE 1 BASELINE, AS OF 6/30/87. STAGE 1 IS REACHED WHEN COMMITMENTS FOR ALL OF THE GENERIC DATA REQUIREMENTS HAVE BEEN MADE AND THERE ARE NO OVERDUE GENERIC DATA REQUIREMENTS, OR ACTION HAS BEEN INITIATED TO REMOVE PRODUCTS OR UNSUPPORTED USES OF THE CHEMICAL FROM THE MARKETPLACE. - DURING THE THIRD QUARTER, OPTS EXCEEDED ITS TARGET OF SEVEN WITH 18 RSS REACHING STAGE 1. 85 RSs ARE IN STAGE 1 BASELINE, AS OF 6/30/87. STAGE 2 IS REACHED WHEN ALL DATA TO FULFILL GENERIC DATA COMMITMENTS HAVE BEEN SUBMITTED. DURING THE SECOND AND THIRD QUARTERS THREE CHEMICALS REACHED STAGE 2, EXCEEDING ITS END-OF-YEAR TARGET OF ONE. 19 RSS ARE IN STAGE 2 BASELINE, AS OF 6/30/87. STAGE 3 IS REACHED WHEN ALL STUDIES HAVE BEEN SUBMITTED, REVIEWED, AND ACCEPTED, AND A FINAL REGULATORY POSITION HAS BEEN ESTABLISHED. THE COMPLETION OF A FRSTR DURING FY 1987 IS NOT TARGETED UNTIL THE FOURTH QUARTER. TWO FRSTRs (METOLACHLOR AND ALLIETTE) ARE IN STAGE 3 BASELINE AS OF 6/30/87. ------- IMPLEMENTATION OF REGISTRATION STANDARDS CUMULATIVE NUMBER OF STANDARDS As Of June 30, 1987 PRE- STAGE 1 P-3 STAGES LEGEND ACTUAL TARGET CURRENT STATUS" PRE- STAGE 1 STAGES •Number of Reg. Standards In each stage as of 6/30/87 -149- ------- PESTICIDE SPECIAL REVIEWS o OPTS HAS COMPLETED NINE SPECIAL REVIEW DECISIONS DURING FY 1987, MEETING ITS CUMULATIVE THIRD QUARTER TARGET. o DURING THE THIRD QUARTER, OPTS REACHED DECISIONS FOR FOUR PESTICIDES: - 2,4,5-TCP - PD4 - FOLPET - RETURNED TO REGISTRATION PROCESS - EPN - VOLUNTARY CANCELLATION BY APPLICANTS - CAPTAFOL - VOLUNTARY CANCELLATION BY APPLICANTS -150- ------- PESTICIDE SPECIAL REVIEW ACTIONS CUMULATIVE NUMBER OF ACTIONS COMPLETED As Of June 30, 1987 15-r P-4 QUARTERS LEGEND — TARGET — ACTUAL -151- ------- REVIEWS OF STUDIES o OPTS HAS COMPLETED A CUMULATIVE TOTAL OF 334 REVIEWS ACHIEVING 94% OF THE CUMULATIVE THIRD QUARTER TARGET OF 355. ------- REVIEWS OF STUDIES CUMULATIVE NUMBER OF REVIEWS COMPLETED As Of June 30, 1987 N U M B E R 0 F R E V I E W s 500-r 4QQ-- 3DQ-- 200-- 100-- P-5 QUARTERS LEGEND * TARGET - ACTUAL ------- PESTICIDE REGISTRATION APPLICATIONS o OPTS FELL SHORT OF CUMULATIVE THIRD QUARTER TARGETS FOR FINAL DECISIONS MADE ON REGISTRATION APPLICATIONS FOR THREE OF THE FOUR CATEGORIES, ACHIEVING FOR: - NEW ACTIVE INGREDIENTS 70% OF TARGET (7 VS 10) - AMENDED REGISTRATIONS 84% OF TARGET (2,478 VS 2,960) - NEW USES 87% OF TARGET (52 VS 60) - OLD CHEMICALS 103% OF TARGET (1,127 VS 1,095) o THE "PERCENTAGE OF THE CUMULATIVE TARGET MET" IMPROVED FOR EACH CATEGORY COMPARED TO THE FIRST AND SECOND QUARTERS. O THE REGISTRATION BACKLOG HAS INCREASED BY 48% DURING THE LAST 6 MONTHS FROM 1,945 TO 2,888. THE BACKLOG HAS INCREASED FOR: - NEW USES BY 65% (FROM 65 TO 107) - OLD CHEMICALS BY 28% (FROM 714 TO 911) - AMENDED REGISTRATIONS BY 62% (FROM 1,139 TO 1,847). - OVER THE SAME TIME PERIOD, THE BACKLOG FOR NEW ACTIVE INGREDIENTS HAS DECREASED BY 15% (FROM 27 TO 23). ------- PESTICIDE REGISTRATION APPLICATIONS CUMULATIVE NUMBER OF FINAL DECISIONS As Of June 30, 1987 OVERDUE ACTIONS 40DQT 3000 • 2000-• 1000-- QUARTERS ACTIVE INGREDIENT NEW USES AMENDED REGISTRATION OLD CHEMICALS P-6 LEGEND • ACTUAL |§3 TARGET ------- EMERGENCY EXEMPTIONS FOR PESTICIDES O OPTS HAS MADE FINAL DECISIONS ON 223 EMERGENCY EXEMPTION APPLICATIONS AGAINST A CUMULATIVE THIRD QUARTER TARGET OF 150, ACHIEVING 149% OF TARGET. O OF THE 223 FINAL DECISIONS MADE DURING FY 1987, 86% (OR 191) WERE ISSUED EMERGENCY EXEMPTIONS AND 14% (OR 32) WERE DENIED. O THE BACKLOG OF APPLICATIONS NOT PROCESSED WITHIN THE ALLOTTED TIMEFRAME HAS INCREASED EACH QUARTER FROM 1 TO 8 TO 25. PESTICIDE TOLERANCE PETITIONS o OPTS HAS MADE FINAL DECISIONS ON 60 TOLERANCE PETITIONS, AGAINST A CUMULATIVE THIRD QUARTER TARGET OF 62, FOR 97% OF TARGET. o THE BACKLOG OF APPLICATIONS HAS VARIED EACH QUARTER FROM 74 TO 52 TO 66 CURRENTLY. ------- FIFRA COMPLIANCE MONITORING INSPECTIONS AND COMPLIANCE LEVELS o IN THE SECOND QUARTER OF FY 1987*, THE STATES COMPLETED 10,480 FIFRA COMPLIANCE INSPECTIONS FOR USE AND RESTRICTED USE PESTICIDE DEALERS, COMPLETING 161% OF THEIR STATE GRANT TARGETS. O THE STATES REPORTED TAKING 2,481 ENFORCEMENT ACTIONS IN THE SECOND QUARTER, REPRESENTING A VIOLATION LEVEL OF 24% FOR "USE" INSPECTIONS, A YEAR AGO THIS RATE WAS 26%. O FOR THE THIRD QUARTER OF FY 1987, REGIONS VII AND VIII, WITH NON- DELEGATED PROGRAMS, COMPLETED A TOTAL OF 171 USE INSPECTIONS, ACHIEVING 87% AND 129% RESPECTIVELY, OF THEIR THIRD QUARTER TARGETS. *STATE DATA IS LAGGED ONE QUARTER. ------- p E R C E N T 0 F U T M A U R V E 0 U A R T E R L Y FIFRA COMPLIANCE MONITORING INSPECTIONS AND COMPLIANCE LEVELS FOR STATE ACTIVITIES As Of March 31, 1987 125-r- "USE" INSPECTION LEVELS Compliance Statua 100-- 75-- 125+ -TARGET 24X LEGEND VIOLATION WITH ACTION TAKEN 50-- 76X D NO ACTION WARRANTED OR COMPUANCE DETERMINATION PENDING 25-- n m rv v vi REGIONS vn vm DC 10,480 USE INSPECTIONS CONDUCTED P/E-1 -159- ------- ADDRESSING FIFRA SIGNIFICANT NONCOMPLIANCE O IN THE THIRD QUARTER, THE REGIONS REFERRED TO THE STATES A TOTAL OF 59 SIGNIFICANT USE VIOLATIONS FOR INVESTIGATION AND ENFORCEMENT ACTION, FOR A YEAR-TO-DATE TOTAL OF 97. A YEAR AGO 165 HAD BEEN REFERRED. AT THE END OF THE QUARTER, OF THE 97 CASES: 1 (1%) WAS NOT ADDRESSED. 6 (6%) WERE ADDRESSED BEYOND THE TIMEFRAME. - 26 (27%) WERE PENDING ACTION WITHIN THE TIMEFRAME. - 64 (66%) WERE ADDRESSED WITHIN THE TIMEFRAME. O BY THE END OF THE THIRD QUARTER, THE REGIONS HAD IDENTIFIED 37 SIGNIFICANT VIOLATOR CASES FOR EPA ACTION. NINE OF THE CASES WERE ADDRESSED AND FOUR OF THESE WERE CLOSED BY THE END OF THE QUARTER. THERE WERE 28 CASES PENDING ENFORCEMENT ACTION. - REGION VII IDENTIFIED 26 OF THE TOTAL AND HAS 24 OF THE PENDING CASES. FIFRA ENFORCEMENT ACTION O THE REGIONS ISSUED 153 ADMINISTRATIVE COMPLAINTS IN THE THIRD QUARTER FOR A CUMULATIVE TOTAL OF 239. A YEAR AGO 208 HAD BEEN ISSUED. BY THE END OF THE QUARTER, THERE HAD BEEN THREE CIVIL REFERRALS, ONE EACH FROM REGIONS IV, V AND VIII, AND ONE CRIMINAL REFERRAL FROM REGION VIII. -ifin- ------- c u M U C L A N E u I M R B R 0 F 100T 80-- 60-- 40-- 20-- ADDRESSING FIFRA SIGNIFICANT NONCOMPLIANCE As Of June 30, 1987 REFERRALS TO STATES P/E-3.4 12 3 4 QUARTERS LEGEND • NOT ADDRESSED BEYOND TIME FRAME EJ3 ADDRESSED BEYOND TIME FRAME EJ PENDING WITHIN TIMEFRAME D ADDRESSED WITHIN TIMEFRAME EPA CASES AND REFERRALS FROM STATES 40-r V10LATOR PENDING CASES CASES DETECTED ENFORCEMENT ISSUED CLOSED ACTION -Ifil- ------- TSCA EXISTING CHEMICAL REVIEWS O THERE ARE CURRENTLY 66,000 CHEMICALS ON THE TSCA INVENTORY (OF THESE, MORE THAN 3,600 HAVE UNDERGONE PREMANUFACTURE REVIEW AS PART OF THE NEW CHEMICALS PROGRAM). OPTS ANNUALLY RECEIVES ABOUT 500 REPORTS ON 100 CHEMICALS NOTIFYING THE AGENCY OF A POTENTIAL RISK. AFTER SCREENING, CHEMICALS OF CONCERN ENTER THE EXISTING CHEMICALS PIPELINE. TO DATE THE PROGRAM HAS SCREENED APPROXIMATELY 4,000 CHEMICALS. THE PROGRAM HAS TAKEN 41 FINAL RISK MANAGEMENT ACTIONS* ON 35 CHEMICALS (12 OF THESE ACTIONS WERE ON PCBs) SINCE ITS INCEPTION IN 1979. OPTS REPORTS THAT THERE ARE CURRENTLY 62 CHEMICALS IN THE PIPELINE. O OPTS HAS COMPLETED ELEVEN RISK MANAGEMENT ACTIONS, AGAINST A CUMULATIVE THIRD QUARTER TARGET OF THIRTEEN (85%). O FOUR RISK MANAGEMENT ACTIONS WERE COMPLETED DURING THE THIRD QUARTER. THESE ACTIONS WERE TWO SECTION 5 SNURs (NFRM) ON MBK AND 11-AMINOUNDECANOIC ACID, A POLICY ON PCB'S: HOW CLEAN IS CLEAN, AND A NPRM ON ASBESTOS - CONTAINING MATERIALS IN SCHOOLS. * A FINAL RISK MANAGEMENT ACTION IS A SECTION 6 FINAL RULEMAKING (NFRM), SECTION 9 REFERRAL, SECTION 5 FINAL SIGNIFICANT NEW USE RULE (SNUR), OR A CHEMICAL ADVISORY. ------- DISPOSITION OF CHEMICALS IN THE EXISTING CHEMICALS PIPELINE BISK IDENTIFICATION PHASE (RIP) NUMBER OF CHEMICALS IN THIS PHASE AT BEGINNING OF QUARTER REFERRED TO NEXT PHASE ENTERED DURING THE QUARTER REFERRED TO RISK MANAGEMENT PHASE REQUIRING NO FURTHER ANALYSIS REQUIRING FURTHER ANALYSIS RISK EVALUATION PHASE (REP) NUMBER OF CHEMICALS CUMULATIVE TARGET CUMULATIVE RISK MANAGEMENT ACTIONS Risk Identification Phase Risk Evaluation Phase 28 IN THIS PHASE AT BEGINNING OF QUARTER ENTERED DURING THE QUARTER REFFERED TO NEXT PHASE REQUIRING NO FURTHER ANALYSIS REQUIRING FURTHER ANALYSIS 19 1 1 0 19 E (RMP) IN THIS PHASE AT BEGINNING OF QUARTER orrcnen ni iDikin TUIT ni IAOTC-Q 18 •» ®+ 1 rs ^ _ 13 11 T-1.2 Entry Review. Problem Characterization Info. Gathering and Risk Analysts Risk Management Phase Risk Reduction Analysis Risk Management Actions ------- TSCA NEW CHEMICAL REVIEWS CHEMICAL NOTICES: o OPTS REVIEWED 607 NEW CHEMICAL SUBMISSIONS, OF WHICH 480 WERE PRE-MANUFACTURE NOTICES (PMNs), 39 WERE POLYMER EXEMPTIONS, 83 WERE LOW VOLUME EXEMPTIONS, AND 5 WERE TEST MARKET EXEMPTIONS. o 672 NEW CHEMICAL DECISIONS WERE MADE, OF WHICH 545 CONCERNED PMNs AND 127 CONCERNED EXEMPTIONS: - 120 NEW CHEMICALS (18%) WERE SUSPENDED, WITHDRAWN, DENIED, OR SUBJECTED TO AN EPA ORDER OR OTHER ACTION TO CONTROL POTENTIAL RISK. CHEMICAL FOLLOW-UP: o TWO NEW CHEMICAL FOLLOW-UP ACTIONS HAVE BEEN TAKEN DURING FY 1987 INCLUDING A NPRM FOR "THE PROCEDURAL RULE FOR EXPEDITED NEW CHEMICAL FOLLOW-UP" IN THE THIRD QUARTER. FIFTEEN ACTIONS ARE TARGETED FOR THE END OF FY 1987. ------- TESTING ACTIONS (POST-INITIAL INTERAGENCY TESTING COMMITTEE (ITCM AND/OR NON-ITC) o OPTS HAS COMPLETED 14 TESTING ACTIONS, AGAINST A CUMULATIVE THIRD QUARTER TARGET OF 22, FOR 64% OF TARGET INCLUDING 9 ACTIONS IN THIRD QUARTER. TSCA 18 INFORMATION GATHERING RULES o THIS MEASURE REPORTS THE NUMBER OF TSCA SECTION 8 INFORMATION GATHERING RULES PUBLISHED AND THE NUMBER OF CHEMICALS COVERED BY THOSE RULES. O TSCA SECTION 8 PROVIDES THE AGENCY WITH BROAD INFORMATION GATHERING AND RECORDKEEPING AUTHORITIES, INCLUDING THE AUTHORITY TO REQUIRE THE SUBMISSION OF HEALTH AND EXPOSURE DATA, UNPUBLISHED HEALTH AND SAFETY STUDIES, AND RECORDS OF ALLEGATION OF SIGNIFICANT ADVERSE REACTIONS TO HEALTH OR THE ENVIRONMENT. O OPTS HAS PUBLISHED 14 RULES (COVERING 203 CHEMICALS), AGAINST A CUMULATIVE THIRD QUARTER TARGET OF 7 (200%). 18TH LIST ITC SUBSTANCES ACTED ON o OPTS MET ITS ANNUAL TARGET OF TWO ACTIONS: NPRM'S FOR CYCLOHEXANE AND 2, 6 -DI-TERT-BUTYLPHENOL. -165- ------- ASBESTOS ACTION PROGRAM ASBESTOS SCHOOL HAZARD ABATEMENT ACT O THE REGIONS HAVE CONDUCTED 62 PROJECT CLOSE-OUT EVALUATIONS DURING FY 1987, AGAINST A CUMULATIVE THIRD QUARTER TARGET OF 29, ACHIEVING 214% OF TARGET. THERE WERE NINE PROJECT CLOSEOUTS IN THE THIRD QUARTER. - REGIONS IV (11), V (15), VIII (12) HAVE CONDUCTED THE MOST CLOSE-OUTS. THEY ARE RESPONSIBLE FOR 61% OF THE TOTAL REGIONAL ACCOMPLISHMENT. o ASBESTOS HAZARDS HAVE BEEN REDUCED AT 231 PRIORITY #1 PROJECTS (NOT FUNDED BY ASHAA) DURING FY 1987, EXCEEDING THE END-OF-YEAR TARGET OF 164. - REGION V HAS BEEN RESPONSIBLE FOR 35% OF THE PROJECTS WHERE HAZARDS HAVE BEEN REDUCED. -166- ------- ASBESTOS ACTION PROGRAM Evaluations Confirming Abatement at School Projects (1986) As Of June 30, 1987 25-r HAZARD REDUCED W/0 ASHAA FUNDING HI IV T-10.11 V VI REGIONS LEGEND ACTUAL TARGET VII vm IX -167- ------- TSCA INSPECTIONS AND COMPLIANCE LEVELS o THE REGIONS AND HEADQUARTERS EXCEEDED (123%) THEIR THIRD QUARTER TARGET FOR TSCA COMPLIANCE INSPECTIONS, CONDUCTING 3,886 INSPECTIONS VERSUS A TARGET OF 3,153. THE 19 STATES WITH INSPECTION GRANTS CONDUCTED 1,504 INSPECTIONS, OR 108% OF COMMITMENTS FOR THE THIRD QUARTER. o OF THE TOTAL 5,390 EPA AND STATE INSPECTIONS: - 34% WERE IN COMPLIANCE. - 34% WERE IN VIOLATION. - 32% WERE PENDING A COMPLIANCE DETERMINATION. O OF 3,656 INSPECTIONS FOR WHICH A COMPLIANCE DETERMINATION WAS MADE BY THE END OF THE QUARTER, 50% WERE IN VIOLATION. A YEAR AGO THIS VIOLATION RATE WAS 49%. ------- 125 TSCA INSPECTIONS AND COMPLIANCE LEVELS As Of June 30, 1987 5,390 INSPECTIONS CONDUCTED i n m rv T/E-1 v vi vn vra REGIONS LEGEND • EPA 0 STATES 125+ -TARGET Compliance Status X HQ 34% LEGEND IN VIOLATION COMPLIANCE DETERMINATION PENDING 34% D IN COMPLIANCE ------- RESPONSE TO TSCA SIGNIFICANT NONCOMPLIANCE o THE REGIONS HAD A BEGINNING-OF-YEAR INVENTORY OF 584 OPEN TSCA SIGNIFICANT NONCOMPLIER CASES. BY THE END OF THE THIRD QUARTER THE REGIONS HAD CLOSED 448 (77%) CASES ON THE INVENTORY. A YEAR AGO THE REGIONS HAD CLOSED 457 CASES. THE INVENTORY NOW CONSISTS OF 136 CASES, ALL OPEN MORE THAN SIX MONTHS. - REGION VII CLOSED ALL 48 OF ITS CASES BY THE END OF THE QUARTER. o THE REGIONS IDENTIFIED 297 NEW SIGNIFICANT VIOLATORS IN THE THIRD QUARTER FOR A TOTAL OF 1,021 YEAR-TO-DATE. OF THE 1,021: - 486 (48%) WERE PENDING ENFORCEMENT ACTION. - 535 (52%) HAD ACTION TAKEN (CASES ISSUED), OF WHICH - 244 (46%) WERE ISSUED IN 180 DAYS OF INSPECTION, AND - 291 (54%) WERE ISSUED BEYOND 180 DAYS OF INSPECTION. - 161 OF THE CASES ISSUED WERE CLOSED BY THE END OF THE QUARTER. A YEAR AGO THE REGIONS HAD IDENTIFIED 731 NEW VIOLATORS THROUGH THE THIRD QUARTER, AND HAD TAKEN ACTION ON 43% OF THEM. TSCA ENFORCEMENT ACTIVITY BY THE END OF THE THIRD QUARTER, THE REGIONS HAD ISSUED A TOTAL OF 678 ADMINISTRATIVE COMPLAINTS, COMPARED TO 472 THROUGH THE THIRD QUARTER LAST YEAR. THERE HAVE BEEN SEVEN TSCA CIVIL CASES AND TWO CRIMINAL CASES REFERRED IN THE YEAR-TO-DATE. A YEAR AGO THERE WERE NINE CIVIL AND TWO CRIMINAL REFERRALS. ------- RESPONSE TO TSCA SIGNIFICANT NONCOMPLIANCE As Of June 30, 1987 PROGRESS AGAINST FIXED BASE 600T BOY 02 04 T/E-3,4 LEGEND D PRE 87 CLOSED EH OPEN MORE THAN 6 MONTHS §2 OPEN 6 MONTHS OR LESS PROGRESS AGAINST NEW VIOLATORS 1200-r VIOLATORS PENDING CASES CASES DETECTED ENFORCEMENT ISSUED CLOSED ACTION LEGEND Q CASES ISSUED WITHIN 180 DAYS • CASES ISSUED BEYOND 180 DAYS -171- ------- RESPONSE TO TSCA SIGNIFICANT NONCOMPLIANCE IN FEDERAL FACILITIES O THE REGIONS HAD A BEGINNING-OF-YEAR INVENTORY OF 26 OPEN TSCA FEDERAL FACILITY SNC CASES. AT THE END OF THE THIRD QUARTER 17 OF THE CASES WERE CLOSED. O DURING THE THIRD QUARTER THE REGIONS IDENTIFIED 13 NEW SIGNIFICANT VIOLATORS IN FEDERAL FACILITIES FOR A TOTAL OF 46 YEAR-TO-DATE. OF THESE 46: 9 (20%) WERE PENDING ENFORCEMENT ACTION. - 37 (80%) HAD ACTION TAKEN, OF WHICH - 18 (49%) HAD ACTION TAKEN IN 180 DAYS OF INSPECTION, AND - 19 (51%) HAD ACTION TAKEN BEYOND 180 DAYS OF INSPECTION. - 22 OF THE 37 ACTIONS WERE CLOSED BY THE END OF THE QUARTER. A YEAR AGO THE REGIONS HAD IDENTIFIED 43 NEW SIGNIFICANT VIOLATORS IN FEDERAL FACILITIES AND HAD TAKEN ACTION AGAINST 31 (72%) OF THEM. ------- RESPONSE TO TSCA SIGNIFICANT NONCOMPLIANCE IN FEDERAL FACILITIES As Of June 30, 1987 PROGRESS AGAINST FIXED BASE BOY T/E-5 02 03 04 LEGEND D PRE B7 CLOSED H OPEN MORE THAN 6 MONTHS 0 OPEN 6 MONTHS OR LESS PROGRESS AGAINST NEW VIOLATORS VIOLATOR PENDING ACTION ACTION DETECTED ENFORCEMENT TAKEN CLOSED ACTION LEGEND Q ACTION TAKEN WITHIN 180 DAYS • ACTION TAKEN BEYOND 180 DAYS ------- Office of Enforcement and Compliance Monitoring ------- CIVIL ACTION PROCESSING TIME O OECM HAS REVIEWED AND FORWARDED A CUMULATIVE TOTAL OF 100 CIVIL REFERRALS TO THE DEPARTMENT OF JUSTICE COMPARED TO 177 REFERRALS OVER THE SAME NINE MONTHS LAST YEAR. DURING THE THIRD QUARTER THIS YEAR 35 REFERRALS WERE FORWARDED. O THE AVERAGE TARGETED REVIEW TIME FOR THE QUARTER WAS 27 DAYS MEETING THE 35 DAY TARGET. WHILE THE AVERAGE TARGET WAS MET, SEVERAL CASES EXCEEDED THE 35 DAY DEADLINE. O OECM REVIEWED AND COMPLETED THE CHECKLIST FOR 14 DIRECT CIVIL REFERRALS IN THE THIRD QUARTER ALL WITHIN THE AVERAGE TARGETED REVIEW TIME OF 30 DAYS. CIVIL REFERRAL ACTIVITY O THE REGIONS REFERRED 52 NEW CIVIL REFERRALS TO HEADQUARTERS AND 22 DIRECT REFERRALS TO THE DEPARTMENT OF JUSTICE DURING THE THIRD QUARTER. CUMULATIVELY THE REGIONS MADE 108 NEW CIVIL REFERRALS TO HEADQUATERS AND 56 DIRECT REFERRALS COMPARED TO 175 NEW CIVIL REFERRALS AND 49 DIRECT REFERRALS OVER THE SAME NINE MONTHS LAST YEAR. O EIGHT REFERRALS WERE WITHDRAWN, DECLINED OR RETURNED TO THE REGION. THE YEARLY CUMULATIVE TOTAL OF 33 IS COMPARABLE TO 41 AT THIS TIME LAST YEAR. ------- FOLLOW-THROUGH ON ACTIVE CIVIL CASE DOCKET O 644 CIVIL CASES WERE PENDING AT THE DEPARTMENT OF JUSTICE OR FILED IN COURT AS OF 10/1/86. 656 CASES WERE PENDING AT THE DEPARTMENT OF JUSTICE OR FILED IN COURT AT THE END OF THIRD QUARTER (129, OR 20%, OF THESE CASES HAD BEEN ON-GOING MORE THAN TWO YEARS SINCE BEING FILED). AS OF THE CLOSE OF THE QUARTER: - 114 (17%) HAD BEEN CONCLUDED AFTER FILING. - 450 (70%) WERE FILED IN U.S. COURT. 16 ( 2%) HAD BEEN WITHDRAWN/DECLINED BY EPA OR THE DEPARTMENT OF JUSTICE. 76 (11%) WERE PENDING AT THE DEPARTMENT OF JUSTICE (DOWN FROM 257 LAST QUARTER). O 57 NEW CIVIL CASES WERE REFERRED TO THE DEPARTMENT OF JUSTICE DURING THE THIRD QUARTER. AS OF THE CLOSE OF THE QUARTER FOR THE 57 NEW THIRD QUARTER REFERRALS: - 55 (96%) WERE PENDING AT THE DEPARTMENT OF JUSTICE. 2(4%) HAD BEEN WITHDRAWN/DECLINED BY EPA OR THE DEPARTMENT OF JUSTICE. i O THE TOTAL NUMBER OF ACTIVE CASES AT THE END OF QUARTER WAS 764. ------- 700-r FOLLOW-THROUGH ON ACTIVE CIVIL CASE DOCKET As Of June 30, 1987 CIVIL CASE DOCKET NEW py 19B7 REFERRALS TO DOJ 60r BOY E/C-4.5 1 2 QUARTERS LEGEND CASES CONCLUDED CASES FILED IN COURT CASES WITHDRAWN/DECLINED CASES PENDING AT DOJ CUMULATIVE CASES PENDING CASES CASES NEW FILED AT DOJ WITHDRAWN CONCLUDED -17Q- ------- CONSENT DECREE TRACKING O THERE WERE 364 ACTIVE CONSENT DECREES IN THE THIRD QUARTER COMPARED TO 311 A YEAR AGO. O CONSENT DECREE COMPLIANCE FOR THE THIRD QUARTER OF FY 1987 WAS 74%. O OF THE 95 (26%) CONSENT DECREES IN VIOLATION: - 52 (55%) HAD A CONTEMPT ACTION OR A DECREE MODIFICATION REFERRED OR A STIPULATED PENALTY COLLECTED. - 26 (27%) HAD FORMAL ENFORCEMENT ACTION PLANNED BUT NOT COMMENCED. - 17 (18%) HAD NO FORMAL ENFORCEMENT ACTION PLANNED. ------- 120-r CONSENT DECREE TRACKING (EPA DECREES ONLY) As Of June 30, 1987 in VII VIII IX National Summary 366r 1234 QUARTERS E/C-1 D IV V LEGEND In compliance with the terms of the decree In violation with formal enforcement action Initiated In violation with formal enforcement action planned but uncommenced In violation with no formal enforcement action planned at this time ------- CRIMINAL REFERRAL ACTIVITY (CUMULATIVE) O FIFTY-TWO NEW CRIMINAL INVESTIGATIONS WERE OPENED THROUGH THE THIRD QUARTER (19 IN THE THIRD QUARTER). OUT OF THE 52 INVESTIGATIONS 23 WERE RCRA AND 20 WERE WATER. THERE WERE 123 OPEN INVESTIGATIONS AT THE END OF THE THIRD QUARTER. o THE REGIONS REFERRED 26 NEW CRIMINAL CASES TO HEADQUARTERS THRU THE THIRD QUARTER AND HEADQUARTERS REFERRED 28 CASES (INCLUDING 9 IN THE THIRD QUARTER) TO THE DEPARTMENT OF JUSTICE. -183- ------- FOLLOW-THROUGH ON ACTIVE CRIMINAL CASE DOCKET o 66 CRIMINAL CASES WERE PENDING AT THE DEPARTMENT OF JUSTICE OR FILED IN COURT AS OF 10/1/86. AS OF THE CLOSE OF THE QUARTER: 5(8%) HAD BEEN CLOSED WITHOUT PROSECUTION. - 18 (27%) HAD BEEN CLOSED FOLLOWING PROSECUTION. - 18 (27%) HAD CHARGES FILED. - 17 (26%) WERE UNDER GRAND JURY INVESTIGATION. 8 (12%) WERE UNDER REVIEW BY THE DEPARTMENT OF JUSTICE. o DURING THE THIRD QUARTER: - 3 ENTITIES AND 7 INDIVIDUALS WERE CHARGED. - 2 ENTITIES AND 10 INDIVIDUALS WERE CONVICTED. - THERE WERE NO ENTITIES OR INDIVIDUALS ACQUITTED. o TWENTY-EIGHT CRIMINAL CASES WERE REFERRED TO THE DEPARTMENT OF JUSTICE THROUGH THE THIRD QUARTER. AS OF THE CLOSE OF THE QUARTER: - 11 (39%) WERE UNDER REVIEW BY THE DEPARTMENT OF JUSTICE. - 12 (43%) WERE UNDER GRAND JURY INVESTIGATION. - 3 (11%) HAD CHARGES FILED. - 2(7%) WERE CLOSED BY DOJ WITHOUT PROSECUTION. O THE TOTAL NUMBER OF ACTIVE CASES REMAINING WAS 54. -184- ------- 66T FOLLOW-THROUGH ON ACTIVE CRIMINAL CASE DOCKET As Of June 30, 1987 CRIMINAL REFERRALS PENDING BOY STATUS OF NEW FY 1907 REFERRALS 28T N U M B E R 0 F C A S E S 21-- 7 -f- H- 2 QUARTERS 14 E/C-7.B LEGEND 0 CLOSED BY DOJ WITHOUT PROSECUTION E3 CLOSED FOLLOWING PROSECUTION S WITH CHARGES FILED El UNDER GRAND JURY INVESTIGATION D UNDER REVIEW AT DOJ • TO DOJ BY OECM 2 3 QUARTERS CUMULATIVE # OF NEW REFERRALS 19 2B ------- CONCLUSION OF CASES o SUPERFUND 2 JOINT SECTION 106/107 COURT ORDERS WERE FILED DURING THE THIRD QUARTER. o CIVIL - 29 CASES WERE CONCLUDED, 23 WITH PENALTIES AND 6 WITHOUT PENALTIES. - $6,182,516 WAS TOTAL AMOUNT OF PENALTIES ASSESSED. - 4 CASES WERE WITHDRAWN, DECLINED OR VOLUNTARILY DISMISSED SINCE FILING. O CRIMINAL - 24 REFERRALS WERE CONCLUDED, 22 WITH CONVICTIONS AND 2 WITH CHARGES DISMISSED/ACQUITTED. - 10 ENTITIES AND 32 INDIVIDUALS WERE SENTENCED. - $2,925,500 WAS TOTAL AMOUNT OF FINES ASSESSED BEFORE SUSPENSION. - 82.5 MONTHS OF INCARCERATION WERE ORDERED (297 MONTHS HAD BEEN IMPOSED PRIOR TO SUSPENSION). ------- CRIMINAL CASES o THE REGIONS REFERRED 9 NEW CRIMINAL CASES TO HEADQUARTERS DURING THE THIRD QUARTER. CUMULATIVE TOTAL FOR THE THIRD QUARTER IS 26 . CUMULATIVE THIRD QUARTER CRIMINAL CASES Rir.ION Region 1 Region II Region III Region IV Region V Region VI Region VII Region VIII Region IX Region X NEIC TOTAL RCRA 1 1 2 1 2 5 1 13 CLEAN AIR 1 1 2 CLEAN WATKR 1 1 1 1 1 3 8 FIFRA 1 1 TSCA 1 1 2 CERCLA TOTAL 2 1 4 1 1 3 2 7 l 3 1 26 ------- Office of Administration and Resources Management -191- ------- GRANTS SERVICE STANDARDS O 538 GRANTS SERVICE ACTIONS WERE PROCESSED/AWARDED THIRD QUARTER. OF THESE, 461 (85%) WERE PROCESSED WITHIN THE STANDARD. PREVIOUS QUARTERS PROCESSING RATES WERE 90% (FIRST) AND 83% (SECOND). THE PROCESSING RATES BY CATEGORIES WER-E: - GRANTS AND COOPERATIVE AGREEMENTS 254 OF 302 (84%) WERE PROCESSED WITHIN THE TARGET. - INTERAGENCY AGREEMENTS 147 OF 167 (88%) WERE PROCESSED WITHIN THE TARGET. - DETERMINATIONS FOR REQUESTS FOR DEVIATION FROM REGULATORY REQUIREMENTS 13 OF 22 (59%) WERE PROCESSED WITHIN THE TARGET. - DETERMINATIONS IN SUSPENSION/DEBARMENT CASES ALL 47 (100%) WERE PROCESSED WITHIN THE TARGET. ------- GRANTS SERVICE STANDARDS NUMBER OF ACTIONS COMPLETED DURING QUARTER As Of June 30, 1987 GRANT OR COOPERATIVE AGREEMENT AWARDED INTERAGENCY AGREEMENT AWARDED AFTER RECEIPT 32Dr 200r 2 3 QUARTERS DETERMINATION PREPARED FOR DEVIATION FROM REGULATORY REQUIREMENTS 60r 2 3 QUARTERS LEGEND D OARM DELAYS • ACTIONS COMPLETED WITHIN TARGET R 2 3 QUARTERS SUSPENSION/DEBARMENT DETERMINATION ISSUED AFTER CASE RECORD COMPLETE 6Qr N 45- U M B 30- R 15- AD-1A QUARTERS ------- PERSONNEL SERVICES OARM PROCESSED A TOTAL OF 1,745 PERSONNEL ACTIONS DURING THE THIRD QUARTER. OF THESE, 92% WERE PROCESSED WITHIN THE PROCESSING TIME STANDARD. THIS COMPARES TO 97% (1,407 ACTIONS) AND 98% (2,567)IN THE FIRST TWO QUARTERS. - INTERNAL ACTIONS 434 OF 489 (88%) WERE PROCESSED WITHIN STANDARD. OF 55 NOT PROCESSED WITHIN STANDARD, OARM REPORTS DELAYS WERE EQUALLY SPLIT BETWEEN OARM AND THE PROGRAM OFFICES. - EXTERNAL RECRUITMENT ACTIONS 56 OF 80 (70%) WERE PROCESSED WITHIN STANDARD. OARM REPORTS THAT THE MAJORITY OF THE DELAYS WERE DUE TO OPM. - NON-COMPETITIVE ACTIONS 382 OF 409 (93%) WERE PROCESSED WITHIN STANDARD. OARM REPORTS DELAYS WERE EQUALLY SPLIT BETWEEN OARM AND THE PROGRAM OFFICES. - ADMINISTRATIVE ACTIONS 626 OF 646 (97%) WERE PROCESSED WITHIN STANDARD. - AWARDS 121 OF 121 (100%) AWARD ACTIONS WERE PROCESSED WITHIN TARGET. ------- PERSONNEL SERVICE STANDARDS NUMBER OF ACTIONS COMPLETED DURING QUARTER As Of June 30, 1987 RECRUITMENT ACTIONS INTERNAL TO EPA 1234 QUARTERS RECRUITMENT ACTIONS EXTERNAL TO EPA 90r NON-COMPETITIVE ACTIONS AD-1B 23 QUARTERS LEGEND D OARM DELAYS S SECURITY CLEARANCE DELAY 0 0PM DELAYS E3 CLIENT PROGRAM OFFICE DELAYS • COMPLETED WITHIN STANDARD SCHEDULE 1234 QUARTERS ------- PROCUREMENT SERVICE STANDARDS MAJOR NEGOTIATED PROCUREMENT STANDARDS DURING THE THIRD QUARTER OARM AWARDED 28 NEW COMPETITIVE AND NEW SOLE SOURCE CONTRACTS OF WHICH 18 (64%) WERE AWARDED WITHIN THE STANDARD OR NEGOTIATED SCHEDULE. - NEW COMPETITIVE CONTRACTS 12 OF THE 20 (60%) WERE AWARDED WITHIN THE STANDARD. OARM REPORTS THE MAJORITY OF THE DELAYS WERE DUE TO PROGRAM OFFICES. - NEW SOLE SOURCE CONTRACTS SIX OF THE EIGHT (75%) WERE AWARDED WITHIN THE STANDARD. OARM REPORTS ONE DELAY WAS ATTRIBUTED TO PROGRAM OFFICE; AND ONE TO OUTSIDE EPA. PURCHASE ORDERS - 2,031 OF THE 2,466 (82%) COMPETITIVE AND SOLE SOURCE PURCHASE ORDERS* AWARDED DURING THIRD QUARTER WERE AWARDED WITHIN THE STANDARD. RATES IN PREVIOUS QUARTERS WERE 77% (SECOND) AND 91% (FIRST). 3RD QUARTER SMALL PURCHASE ORDER DATA FROM D.C. PURCHASING OFFICE WAS NOT AVAILABLE AS OF THIS REPORT. THIS DATA WILL BE COMBINED WITH 4TH QUARTER FY 87 DATA. ------- 135-r PROCUREMENT SERVICE STANDARDS NEW CONTRACTS AWARDED DURING QUARTER As Of June 30, 1987 COMPETITIVE 2 3 QUARTERS SOLE SOURCE 2 3 QUARTERS AD-1 LEGEND D OARM DELAYS 0 DELAYS EXTERNAL TO OARM • COMPLETED WITHIN STANDARD OR NEGOTIATED SCHEDULE ------- HEADQUARTERS RESOURCES UTILIZATION S&E TRAVEL UTILIZATION IS SLIGHTLY ABOVE TARGET. SUPERFUND TRAVEL UTILIZATION IS BELOW TARGET. FTE USAGE IS BELOW TARGET FOR BOTH S&E AND SUPERFUND. EXCEPT FOR SUPERFUND, DOLLAR UTILIZATION IS SLIGHTLY BELOW THE THIRD QUARTER PLAN. IN SUPERFUND, UTILIZATION CAN BE EXPECTED TO INCREASE AS RAMP-UP OF THE PROGRAM GAINS MOMENTUM. ------- HEADQUARTERS RESOURCE UTILIZATION (tHIRD QUARTER = 74.7% OF YEAR) OF YEAR 7t.7% S&E 55.SX SF SAE 63.9% SF FTE TRAVa USE USE $393.5 $414.2 d3 OP PLAN ACTUALS S&E SF ACAC R&D DOLLAR UTILIZATION AS COMPARED TO QUARTERLY PLANS B&F -199- ------- REGIONAL UTILIZATION 0 ETE USAGE IN THE REGIONS IS BELOW TARGET, YET THE REGIONS ARE USING A GREATER PERCENTAGE OF THE AVAILABLE SUPERFUND WORKYEARS THAN HEADQUARTERS. ° T]RAVEL UTILIZATION IS SLIGHTLY ABOVE THE THIRD QUARTER PLAN IN SALARIES AND EXPENSES. 0 SUPERFUND TRAVEL IS LESS THAN SIX PERCENT BELOW THE THIRD QUARTER PLAN. THE SUPERFUND TRAVEL UTILIZATION RATE HAS PICKED-UP SINCE LAST QUARTER. 0 SALARIES AND EXPENSES UTILIZATION IS ON TARGET — 95 PERCENT UTILIZATION OF AVAILABLE DOLLARS, 0 AC&C UTILIZATION HAS PICKED UP AFTER A SLOW FIRST HALF — 92 PERCENT COMPARED TO 86 PERCENT. 0 SUPERFUND UTILIZATION HAS PICKED-UP IN THE THIRD QUARTER; 82 PERCENT COMPARED TO 66 PERCENT AT MID-YEAR. ------- REGIONS RESOURCE UTILIZATION (THIRD QUARTER = 74.7% OF YEAR) 76.6% OF YEAR 7tC% SAE 64.6X SF S&E 70.735 SF FTE TRAVEL USE USE $4963 CD OP PLAN ACTUALS S&E AC&C RAD DOLLAR UTILIZATION AS COMPARED TO QUARTERLY PLANS B&F ^,201- ------- &^;»aaa*as»iS&afe>aaa^^ Office of Policy, Planning and Evaluation •'•'4i&f^&^fy^j^OKy&ff^iKii^S&iiSS^GStS^SSSC^iAS6tiK-oSSS6m&A -203- ------- OFFICE OF POLICY, PLANNING AND EVALUATION RED BORDER REVIEW DEADLINES o 39 RED BORDER DOCUMENTS WERE RECEIVED FOR REVIEW BY OPPE DURING THE THIRD QUARTER. - 34 (87%) COMPLETED WITHIN THE THREE-WEEK DEADLINE - 4 (10%) COMPLETED WITHIN THE FOUR-WEEK DEADLINE - 1 (3%) FAILED TO MEET THE FOUR-WEEK DEADLINE -205- ------- Office of External Affairs -207- ------- OFFICE OF FEDERAL ACTIVITIES RESPONSE TO SIGNIFICANT FEDERAL FACILITY NONCOMPLIANCE O AIR IDENTIFIED AT THE BEGINNING OF THE YEAR (BOY) 16 FEDERAL FACILI- TIES IN SIGNIFICANT NONCOMPLIANCE (SNC). THE REGIONS ARE 20% BEHIND THEIR THIRD QUARTER TARGET ADDRESSING TWO OUT OF THE 10 TARGETED. O WATER IDENTIFIED SEVEN FEDERAL FACILITIES THAT WERE CARRIED OVER FROM THE LAST QUARTER. THE REMAINING FOUR PLUS ONE NEW SIGNIFICANT VIOLATOR ON THE EXCEPTIONS REPORT CONSTITUTE THE PENDING BALANCE OF FIVE FACILITIES (TWO EPA AND THREE NPDES STATES). O TSCA IDENTIFIED 26 FEDERAL FACILITIES IN SNC AT THE BOY. AT THE END OF THE THIRD QUARTER 17 BOY CASES WERE CLOSED. O RCRA's COMPLIANCE SNAPSHOT IN THE THI^D QUARTER SHOWS 45 FEDERAL FACILITIES IN SNC AND 29 WERE ADDRESSED. -208- ------- RESPONSE TO SIGNIFICANT FEDERAL FACILITY NONCOMP1IANCE As Of June 30, 1987 AIR FIXED BASE WATER EXCEPTIONS REPORT TARGET BOY 2 3 LEGEND 0 RETURNED TO COMPLIANCE D ADDRESSED • PENDING TSCA FIXED BASE 3Qr BOY 2 3 LEGEND OPEN 6 MONTHS OR LESS OEA-SNC1 m OPEN MORE THAN 6 MONTHS D CLOSED SNC ENFORCEMENT RETURNED PENDING ACTION TO COMPLIANCE LEGEND Q SNC 2 CONSECUTIVE QUARTERS • SNC FOR MORE THAN 2 QUARTERS RCRA COMPLIANCE SNAPSHOT LEGEND SNC/ADDRESS/END OF QUARTER SNC/UNADDRESSED/END OF QUARTER -209- ------- ENVIRONMENTAL REVIEW PROGRAM o THIS MEASURE DEMONSTRATES EPA's EFFECTIVENESS IN REDUCING ENVIRONMENTAL PROBLEMS POTENTIALLY CREATED BY OTHER AGENCIES' PROPOSED PROJECTS OR ACTIVITIES. o AT THE END OF THE THIRD QUARTER, EPA REVIEWED 179 FINAL ENVIRON- MENTAL IMPACT STATEMENTS (EISs). OF THESE, EPA HAD NO MAJOR CONCERNS WITH 159 (89%). INDIAN LANDS PROGRAM o NO TRIBAL/EPA AGREEMENTS HAVE BEEN COMPLETED AT THE END OF THIRD QUARTER, AGAINST A TARGET OF ONE. 5 AGREEMENTS ARE TARGETED TO BE DEVELOPED IN FY 1987. -2in- ------- N U M B E R 0 F F I N A L ENVIRONMENTAL REVIEWS OF MAJOR FEDERAL PROJECTS As Of June 30, 1987 200 T 160-- 120-- OEA-7 QUARTERS LEGEND H FINAL PROJECTS-ERA CONCERNS UNRESOLVED • FINAL PROJECTS-NO EPA CONCERNS EPA REVIEWS THE FINAL ENVIRONMENTAL IMPACT STATEMENT (EIS) FOR EACH MAJOR FEDERAL PROJECT WITH POTENTIAL ENVIRONMENTAL IMPACT. -211- ------- Jt»««Sa^W»Yt\aVftVtVlWlYiV)dft^^^^ Office of General Counsel i^ -213- ------- RED BORDER REVIEW DEADLINES o OGC RECEIVED 45 RED BORDER DOCUMENTS FOR REVIEW DURING THE THIRD QUARTER. o OGC COMPLETED: - THIRTY-THREE OR 73% OF THEIR REVIEWS WITHIN THREE WEEKS, COMPARED TO A TARGET OF 80% WITHIN THREE WEEKS, AND - SIX MORE FOR A TOTAL OF 39, OR 85%, WITHIN FOUR WEEKS, COMPARED TO A TARGET OF 100% WITHIN FOUR WEEKS. o SIX DOCUMENTS WERE NOT REVIEWED WITHIN THE FOUR WEEK REVIEW TARGET: ONE FOR OAR, FOUR FOR OSWER AND ONE FOR OW. STATE DELEGATION AGREEMENT REVIEW DEADLINE o OGC RECEIVED AND REVIEWED ONE AUTHORIZATION APPLICATION FOR EVALUATION DURING THE THIRD QUARTER (FOR CONCURRENCE WITHIN 15 DAYS). -214- ------- 15-r 12- N U M B 0 F R E V I E W S 6-- 3-- G/C-2 OGC SUMMARY FOR RED BORDER REVIEW PACKAGES As Of June 30, 1987 OAR OARM OSWER OPTS OW LEGEND Ei INCOMPLETE AFTER 4 WEEKS • COMPLETED WITHIN 4 WEEKS D COMPLETED WITHIN 3 WEEKS AGENCY SUMMARY 234 QUARTERS -215- ------- |