10OR87104 U.S. Environmental Protection Agency Strategic Planning and Management System First Quarter FY 1988 Re \ Office of Management Systems and Evaluation December 31, 1987 CJ) CO HEADQUARTERS LIBRARY FNVIROMMFNTAL PROTECTION AGENCY ------- U.S. ENVIRONMENTAL PROTECTION AGENCY STRATEGIC PLANNING AND MANAGEMENT SYSTEM FIRST QUARTER 1988 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 (OMSE) 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 section of this report. We gratefully acknowledge the assistance and cooperation of the many people through the environmental protection management network who have made timely production of this report possible. ------- TABLE OF CONTENTS OFFICE PAGE OFFICE OF AIR AND RADIATION 1 OFFICE OF WATER 33 OFFICE OF SOLID WASTE AND EMERGENCY RESPONSE 89 OFFICE OF PESTICIDES AND TOXICS SUBSTANCES 125 OFFICE OF ENFORCEMENT AND COMPLIANCE MONITORING 159 OFFICE OF ADMINISTRATION AND RESOURCES MANAGEMENT 171 OFFICE OF POLICY, PLANNING AND EVALUATION 183 OFFICE OF EXTERNAL AFFAIRS 187 OFFICE OF GENERAL COUNSEL 201 ------- Office of Air and Radiation -i- ------- OFFICE OF AIR AND RADIATION FIRST QUARTER HIGHLIGHTS o THIS YEAR THE SPMS REPORTING FOR OAR SHOWS ENFORCEMENT AND PROGRAM EFFORTS BY POLLUTANT. o EPA AND STATES ARE COMPLETING EMISSIONS INVENTORIES AND ESTABLISHING MONITORING NETWORKS TO ADDRESS THE PROBLEM OF PARTICULATE POLLUTION. o IMPLEMENTATION OF THE 1987 OZONE/CO POLICY REQUIRES EXPEDITED COLLECTION OF MONITORING DATA.TO SUPPORT SIP CALLS BY FOURTH QUARTER. THE REGIONS MET THIS QUARTER'S TARGETS FOR THE NUMBER OF SITES, BUT SOME OF THE DATA RECEIVED WERE INCOMPLETE. o THE SULFUR DIOXIDE PROGRAM IS WORKING TO COMPLETE DEFICIENT OR MISSING SIPs. ABOUT 12% OF THE 530 COUNTIES IN NON-ATTAINMENT FOR ANY POLLUTANT HAVE A PROBLEM WITH SO2. o THE RADON PROGRAM CONTINUES TO EMPHASIZE OUTREACH AND STATE PROGRAM DEVELOPMENT. THIS YEAR, STATES ,AND LOCALITIES HAVE BEGUN TO TEST FOR RADON IN SCHOOLS AS WELL AS IN HOMES. o THE NATIONAL LIST OF 856 NON-ATTAINMENT DESIGNATIONS IN 530 COUNTIES IS 2% SMALLER THAN THE LIST OF 876 AT THIS TIME LAST YEAR. OVER HALF OF THESE COUNTIES FAIL THE NATIONAL AMBIENT AIR QUALITY STANDARD FOR TSP. o THE REGIONS SURPASSED THEIR FIRST QUARTER TARGETS BY ADDRESSING 151 SIGNIFICANT VIOLATORS AGAINST A TARGET OF 74. -3- ------- OZONE / CARBON MONOXIDE NON-ATTAINMENT O 341 COUNTIES ARE WHOLLY OR PARTIALLY DESIGNATED IN NON-ATTAINMENT FOR OZONE, AND 127 COUNTIES FOR CARBON MONOXIDE (CO). THESE REPRESENT 40% AND 15% RESPECTIVELY, OF THE 856 DESIGNATIONS FOR ALL POLLUTANTS IN 530 COUNTIES. THE LIST OF OZONE AND CO AREAS HAS NOT CHANGED SINCE LAST QUARTER. ,1 o OAR EXPECTS THAT IMPLEMENTATION OF THE POST-1987 OZONE/CO POLICY WILL CHANGE THE DEFINITION AND THEREFORE THE NUMBER OF NON- ATTAINMENT AREAS. IMPLEMENTATION o THIS YEAR OAR BEGAN IMPLEMENTING THE NATIONAL OZONE/CARBON MONOXIDE POLICY. TO ACQUIRE DATA NEEDED FOR REQUESTING STATE IMPLEMENTATION PLANS AND REVISIONS (SIP CALLS), EPA IS RECEIVING DATA ON AMBIENT OZONE AND CO ON AN ADVANCED SCHEDULE. DATA COLLECTED IN FIRST AND SECOND QUARTER WILL BE USED TO ASSESS AIR QUALITY AND SUPPORT SIP CALLS FOR NON-ATTAINMENT AREAS BY FOURTH QUARTER. o IN FIRST QUARTER, STATES PROVIDED DATA FROM 258 OZONE MONITORING SITES AND 123 CO MONITORING SITES. OAR REPORTS THAT ALTHOUGH THIS PERFORMANCE EXCEEDS THE TARGETS OF 222 AND 106 SITES, MUCH OF THE DATA ARRIVED INCOMPLETE OR LATE. NEXT QUARTER EPA WILL CONTINUE TO COLLECT "FAST TRACK" DATA AND TO FILL GAPS IN EARLIER INFORMATION. O AT HEADQUARTERS, OAR IS WORKING TO COMPLETE GUIDANCE DOCUMENTS ON OZONE SIP CALLS BY APRTT. i io°« ------- OZONE AND CARBON MONOXIDE As Of December 31, 1987 DESIGNATED NON-ATTAINMENT AREAS 500T 400- - 300- - 200- - 100- i I I 82 84 86 88 82 84 86 88 OAR-1 LEGEND OZONE N/A AREAS CO N/A AREAS "FAST TRACK" OZONE ANALYSIS NUMBER OF SITES SUBMITTING DATA 280T "FAST TRACK" CARBON MONOXIDE ANALYSIS NUMBER OF SITES SUBMITTING DATA -5- ------- VpC COMPLIANCE AND ENFORCEMENT COMPLIANCE RATES O OF THE 4,678 VOLATILE ORGANIC COMPOUNDS (VOC) SOURCES IN OZONE NON- ATTAINMENT AREAS, 7% ARE IN VIOLATION. SIGNIFICANT VIOLATORS O VOC SOURCES COMPRISE 48% (338) OF THE 701 BEGINNING-OF-YEAR (BOY) SIGNIFICANT VIOLATOR UNIVERSE, BOTH IN AND OUT OF NON-ATTAINMENT AREAS. o AT THE END OF FIRST QUARTER, THE REGIONS HAD ADDRESSED 75 SOURCES, 288% OF THE TARGET OF 26. O THE DISTRIBUTION OF THE 338 VOC BOY SOURCES AT THE END OF THE FIRST QUARTER IS AS FOLLOWS: - IN COMPLIANCE - 72 - ON ACCEPTABLE SCHEDULE - 8 - ENFORCEMENT ACTION - 80 - PENDING - 178 o 25 NEW VOC SIGNIFICANT VIOLATORS WERE IDENTIFIED DURING THE FIRST QUARTER. ------- VOC SIGNIFICANT VIOLATORS As Of December 31, 1987 338 SIGNIFICANT VIOLATORS A-6(R) LEGEND 21 % D IN COMPLIANCE (72) 2% 0 ON ACCEPTABLE SCHEDULE (8) 24X 0 ENFORCEMENT ACTION (80) 53% PENDING (178) -7- ------- PARTICUIATES THIS YEAR OAR IS WORKING TO MAKE A TRANSITION FROM THE STANDARD FOR TOTAL SUSPENDED PARTICULATES (TSP) TO A NEW STANDARD REGULATING ONLY PARTICULATE MATTER WITH DIAMETER GREATER THAN 10 MICRONS (PM10). THE CHANGE INVOLVES NOT ONLY ENFORCEMENT AND MONITORING UNDER NEW RULES, BUT ALSO TRANSLATIONS BETWEEN DEFINITIONS OF DESIGNATED PROBLEM AREAS. NON-ATTAINMENT FOR TSP / GROUP I and GROUP II FOR PM10 o 130 COUNTIES ARE WHOLLY OR PARTIALLY DESIGNATED IN PRIMARY NON- ATTAINMENT FOR TSP. THESE REPRESENT 15% OF THE 856 DESIGNATIONS FOR ALL POLLUTANTS IN 530 COUNTIES. MOST OF THESE ARE AMONG THE 59 GROUP I AND 111 GROUP II AREAS FOR PM10. o 188 ADDITIONAL COUNTIES, MOST IN GROUP III AREAS FOR PM10/ ARE IN SECONDARY NON-ATTAINMENT FOR TSP. THESE ARE 22% OF THE TOTAL OF 856 DESIGNATIONS. OAR REPORTS THAT MANY TSP NON-ATTAINMENT AREAS (PRIMARY AND SECONDARY) HAVE REDUCED PARTICULATES BUT HAVE NOT BEEN REDESIGNATED BECAUSE THEY HAVE DEFICIENT SIPs. -9- ------- PARTICULATES (continued) SIP DEVELOPMENT O THIS YEAR OAR IS IMPLEMENTING A STRATEGY FOR DEVELOPING SIPs TO CONTROL PM10 IN GROUP I AND II AREAS. SIP DEVELOPMENT INVOLVES COMPLETION OF EMISSIONS INVENTORIES, ESTABLISHMENT OF DESIGN VALUES AND OF CONTROL STRATEGIES, AND SUBMITTAL AND REVIEW OF SIPs. o STATES EXCEEDED THE FIRST QUARTER TARGET (OF 10) BY COMPLETING 17 PM10 DRAFT EMISSIONS INVENTORIES FOR GROUP I AREAS OF CONCERN. A DRAFT INVENTORY MUST BE FINALIZED FOR COMPLETION OF THE SIP. MONITORING o EPA AND STATES ARE BUILDING NETWORKS OF PM10 MONITORS TO COMPLEMENT THE SIP EFFORT. SPMS TRACKS THIS WORK IN TWO AREAS: PLANNING OF NETWORKS, AND ESTABLISHMENT OF MONITORS IN CRITICAL AREAS. o IN SECOND QUARTER, STATES MUST SUBMIT FOR EPA APPROVAL PLANS TO INSTALL NATIONAL AIR MONITORING SYSTEMS (NAMS) AND STATE AND LOCAL SYSTEMS (SLAMS). SO FAR REGIONS HAVE RECEIVED 16 NAMS PLANS OF THE 44 EVENTUALLY REQUIRED, AND 17 SLAMS PLANS OF THE 54 REQUIRED. o TO ASSESS PM10 POLLUTION IN PROBLEM AREAS, SOME MONITORS ARE REQUIRED TO OPERATE AT HIGH FREQUENCY (DAILY OR EVERY OTHER DAY). THE REGIONS MET OR EXCEEDED NEARLY EVERY TARGET FOR ESTABLISHING THESE MONITORS. NATIONALLY, 109 OF 138 URBANIZED AREAS, 23 OF 42 GROUP I AREAS, AND 27 OF 58 GROUP II AREAS HAVE AT LEAST ONE MONITOR OPERATING AT REQUIRED ------- PARTICULATES As Of December 31, 1987 DESIGNATED NON-ATTAINMENT AREAS 400T OAR-1 LEGEND TSP PRIMARY NAAQS TSP SECONDARY NAAQS 88 URBAN AREAS WITH (REQUIRED) FREQUENT PM10 MONITORING 16QT UNIVERSE 1204- 02 03 04 GROUP I AND GROUP D AREAS WITH (REQUIRED) FREQUENT PM10 MONITORING 132T UNIVERSE 88+ 44-- 02 I 1 03 04 OAR-37,38,39 -11- ------- TSP COMPLIANCE AND ENFORCEMENT IN PM10 GROUP I & II AREAS COMPLIANCE RATES o OF THE 3,931 TOTAL SUSPENDED PARTICULATES (TSP) SOURCES IN PM10 GROUP I AND GROUP II AREAS, 3% ARE IN VIOLATION. SIGNIFICANT VIOLATORS O TSP SOURCES COMPRISE 16% (110) OF THE 701 BEGINNING-OF-YEAR SIGNIFICANT VIOLATOR UNIVERSE. o AT THE END OF THE FIRST QUARTER, THE REGIONS HAD ADDRESSED 21 AGAINST A TARGET OF 17. o THE DISTRIBUTION OF THE 110 TSP BOY SOURCES AT THE END OF THE FIRST QUARTER IS AS FOLLOWS: - IN COMPLIANCE - 19 - ON ACCEPTABLE SCHEDULE - 2 - ENFORCEMENT ACTION - 27 - PENDING - 62 o NINE NEW TSP SIGNIFICANT VIOLATORS WERE IDENTIFIED IN FIRST QUARTER. ------- TSP SIGNIFICANT VIOLATORS IN PM-10 GROUP I & II AREAS As Of December 31, 1987 110 SIGNIFICANT VIOLATORS A-9(R) LEGEND 17X D IN COMPLIANCE (33) 2% 13 ON ACCEPTABLE SCHEDULE (2) 25% E2 ENFORCEMENT ACTION (34) 56X PENDING (62) -13- ------- SULFUR DIOXIDE NON-ATTAINMENT o 50 COUNTIES ARE WHOLLY OR PARTIALLY DESIGNATED NON-ATTAINMENT FOR THE PRIMARY NAAQS FOR SULFUR DIOXIDE (SO2). 16 ADDITIONAL COUNTIES ARE IN NON-ATTAINMENT FOR THE SECONDARY NAAQS FOR SO2. THESE REPRESENT 6% AND 2%, RESPECTIVELY, OF THE 856 DESIGNATIONS FOR ALL POLLUTANTS IN 530 COUNTIES NATIONWIDE. SIP COMPLETIONS o IN FY 1988, OAR IS WORKING TO COMPLETE DEFICIENT SIPs RELATED TO SULFUR DIOXIDE. THESE SIPs FALL INTO THREE CATEGORIES: REGS IN RESPONSE TO EPA'S REVISED STACK HEIGHT RULE PUBLISHED IN JULY 1985. THESE WERE DUE FROM EACH STATE IN APRIL 1986. UNFINISHED SIPs FOR NON-ATTAINMENT AREAS (PART D SIPs). SIP REVISIONS, USUALLY EMISSION LIMITS, FOR ATTAINMENT AREAS (SECTION 110 SIPs). o IN FIRST QUARTER, REGIONS MET THE CUMULATIVE NATIONAL TARGET FOR EACH CATEGORY. NINE STACK HEIGHT REGS AND FIVE NEGATIVE DECLARATIONS COMPLETED A STEP TOWARD PROMULGATION (EITHER SUBMITTAL BY THE STATE TO THE REGION OR BY THE REGION TO HQ), MEETING THE FIRST QUARTER TARGET. PENNSYLVANIA MET THEIR TARGET AHEAD OF SCHEDULE BY SUBMITTING AN ELEMENT OF A PART D SIP REVISION. NO SECTION 110 PACKAGES WERE TARGETED FOR SUBMITTAL. ------- SULFUR DIOXIDE NON-ATTAINMENT AREAS AND SIP REVISIONS As Of December 31, 1987 DESIGNATED NON-ATTAINMENT AREAS 1DOT 84 86 88 S02 PRIMARY NAAOS S02 SECONDARY NAAQS SIP COMPLETION MILESTONES: UNFINISHED PART D SIPs 12T 01 02 03 SIP REVISION MILESTONES: STACK HEIGHT REGS 50j 40-- 3D-- 20- 10-- 0' 02 03 04 SIP REVISION MILESTONES: SECTION 110 EMISSION LIMITS 10-r 8-- 6- 4-- 2 0-- 01 02 OAR-1 03 04 OAR 67.69.71 -15- ------- SULFUR DIOXIDE COMPLIANCE AND ENFORCEMENT COMPLIANCE RATES O OF THE 248 SULFUR DIOXIDE (SO2) SOURCES IN SO2 NON-ATTAINMENT AREAS, 5% ARE IN VIOLATION. SIGNIFICANT VIOLATORS o SO2 SOURCES COMPRISE 5% (34) OF THE 701 BEGINNING-OF-YEAR SIGNIFICANT VIOLATOR UNIVERSE. O THE REGIONS HAD NOT TARGETED ANY SO2 SOURCES TO BE ADDRESSED DURING THE FIRST QUARTER. o THE DISTRIBUTION OF THE 34 SOURCES AT THE END OF THE FIRST QUARTER IS AS FOLLOWS: - IN COMPLIANCE - 1 - ON ACCEPTABLE SCHEDULE - 1 - ENFORCEMENT ACTION - 5 - PENDING - 27 ------- SULFUR DIOXIDE SIGNIFICANT VIOLATORS As Of December 31, 1987 34 SIGNIFICANT VIOLATORS A-15(R) LEGEND 3X D IN COMPLIANCE (1) 3% 13 ON ACCEPTABLE SCHEDULE (1) 15X 0 ENFORCEMENT ACTION (5) 79% PENDING (27) -17- ------- AIR TOXICS PROGRAM O MULTI-YEAR DEVELOPMENT PLANS (MYDPs) DEFINE THE AIR TOXICS PROBLEMS OF STATES OR LOCALITIES AND THE STRATEGIES TO ADDRESS THOSE PROBLEMS. APPROXIMATELY 65 MYDPs WERE IN PLACE IN FY 1987; THEY MUST BE REVISED ANNUALLY TO KEEP EPA APPROVAL AND FUNDING. O THIS QUARTER, REGIONS HELPED STATES AND LOCALITIES DRAFT REVISIONS TO MYDPs, WITH A NEW EMPHASIS ON INTEGRATING THE PLANS WITH UPCOMING OZONE AND PARTICULATE SIP REVISIONS. THE SECOND QUARTER TARGET ANTICIPATES THAT 15 PLANS WILL BE APPROVED. NESHAP COMPLIANCE AND ENFORCEMENT COMPLIANCE RATES O OF THE 1,003 SOURCES REGULATED UNDER NATIONAL EMISSIONS STANDARDS FOR HAZARDOUS AIR POLLUTANTS (NESHAPs), 6% ARE IN VIOLATION. SIGNIFICANT VIOLATORS o NESHAP SOURCES COMPRISE 6% (43) OF THE 701 BEGINNING-OF-YEAR SIGNIFICANT VIOLATOR UNIVERSE. o AT THE END OF THE FIRST QUARTER, THE REGIONS HAD ADDRESSED 11 SOURCES AGAINST A TARGET OF SEVEN. o 16 NEW NESHAP SIGNIFICANT VIOLATORS WERE IDENTIFIED IN THE FIRST QUARTER. ------- NESHAPS SIGNIFICANT VIOLATORS As Of December 31, 1987 43 SIGNIFICANT VIOLATORS A-12(R) LEGEND 35% D IN COMPLIANCE (15) OX 0 ON ACCEPTABLE SCHEDULE (0) 16% 0 ENFORCEMENT ACTION (7) 49% PENDING (21) -19- ------- RADON AS THE RADON PROGRAM ENTERS ITS THIRD YEAR, STATES AND REGIONS CONTINUE TO ASSESS RADON PROBLEMS AND TO EDUCATE THE PUBLIC ABOUT RADON. THIS YEAR OAR WILL ALSO CONDUCT RESEARCH ABOUT MITIGATION ACROSS THE COUNTRY. INFORMATION DISTRIBUTION AND TRAINING O OAR IS UPDATING THE RADON DIAGNOSIS AND MITIGATION COURSE. THREE STATES USED ALL OR PART OF THE VIDEOTAPED COURSE FOR THEIR OWN TRAININGS IN FIRST QUARTER. O EPA EVALUATES DEVICES AND TECHNIQUES OF FIRMS WHICH PROVIDE RADON MEASUREMENT SERVICES. IN FIRST QUARTER TESTS MADE BY 253 FIRMS WERE FOUND TO BE WITHIN AN ACCEPTABLE RANGE OF ACCURACY. ABOUT 900 COMPANIES HAVE BEEN ASSESSED SINCE THE PROGRAM BEGAN. o EPA HAS PRODUCED SEVERAL PUBLICATIONS ABOUT RADON FOR WIDE DISTRIBUTION. ALL BUT 3 STATES PROVIDE "A CITIZEN'S GUIDE TO RADON", OF WHICH 285,000 COPIES HAVE BEEN GIVEN AWAY TO DATE. THIS QUARTER EPA PROVIDED REGIONS WITH CAMERA-READY COPIES OF "REMOVAL OF RADON FROM HOUSEHOLD WATER". ------- EPA/STATE SURVEYS o OAR EXPECTS THAT MANY STATES AND LOCALITIES WILL CHOOSE TO SURVEY SCHOOL FACILITIES THIS YEAR. EPA HAS ASSISTED VIRGINIA IN ASSESSMENT AT ONE ELEMENTARY SCHOOL, AND 3 STATES PLAN TO MEASURE RADON IN SCHOOLS IN FY 1988. i1 O FOUR STATES AND INDIAN LANDS IN REGION V BEGAN THE FY 1988 STATE/EPA RADON SURVEYS IN FIRST QUARTER, AND THREE MORE STATES WILL START IN SECOND QUARTER. SIX ADDITIONAL STATES THAT PARTICIPATED IN THE FY 1987 SURVEY WILL CONTINUE MEASUREMENTS THIS YEAR. MITIGATION o A TOTAL OF SIX STATES, THE INDIAN HEALTH SERVICE AND THE NATIONAL PARK SERVICE HAVE PARTICIPATED IN THE HOUSE EVALUATION PROGRAM, WHICH INCLUDES MITIGATION OF RADON PROBLEMS IN A SMALL NUMBER OF BUILDINGS. EIGHT ADDITIONAL STATES ARE PLANNED TO JOIN IN FY 1988. o OAR'S RADON DIVISION HAS INITIATED A PILOT STUDY TO COLLECT INFORMATION ON PRIVATE MITIGATION COMPANIES. -21- ------- AIR COMPLIANCE INSPECTIONS o THE AIR PROGRAM FELL SHORT OF MEETING ALL INSPECTION TARGETS.* - REGION IV AND ITS STATES MET OR EXCEEDED ALL INSPECTION TARGETS, - OF THE 848 NESHAP SOURCES TARGETED FOR INSPECTION, 741 (87%) WERE INSPECTED BY THE END OF THE YEAR. *NOTE: INSPECTION DATA IS LAGGED ONE QUARTER ------- AIR COMPLIANCE INSPECTIONS As Of September 30, 1987 Inspection Levels For Class Al SIP, NSPS, and NESHAP p E 125-r- 100 - vn TARGET c Y u T M i V E 125+ 25 A/ER-1.2 II III IV LEGEND CLASS A1 SIP NSPS NESHAP V VI REGIONS vn vm -23- ------- PROGRESS IN RETURNING SIGNIFICANT AIR VIOLATIONS TO COMPLIANCE o THE AIR PROGRAM IDENTIFIED 701 SIGNIFICANT VIOLATORS AT THE BEGINNING OF THE YEAR (BOY). FORTY-EIGHT PERCENT (338) ARE VOC, 16% (110) ARE TSP SOURCES IN PM 10 GROUP I AND II AREAS, 6% (43) ARE NESHAPS, 5% (34) ARE SO2 AND 25% (176) ARE SIGNIFICANT VIOLATORS THAT ARE NOT PART OF THE PRECEEDING FOUR AREAS AND CONSIST OF TSP VIOLATORS IN TSP NONATTAINMENT AREAS, CARBON MONOXIDE VIOLATORS AND NEW SOURCE VIOLATORS, o OF THE 701 BOY UNIVERSE, 166 SOURCES HAD ENFORCEMENT ACTION INITIATED PRIOR TO THE BEGINNING OF THE YEAR. OF THE REMAINING 535, 389 ARE TARGETED TO BE ADDRESSED BY THE END OF THE YEAR. o THE REGIONS EXCEEDED THEIR FIRST QUARTER TARGET ADDRESSING 151 (204%) SIGNIFICANT VIOLATORS COMPARED TO A TARGET OF 74. o AT THE END OF THE QUARTER, THE DISTRIBUTION OF THE 701 SIGNIFICANT VIOLATORS IN THE UNIVERSE WAS AS FOLLOWS: 140 RETURNED TO COMPLIANCE, 24 WERE ON COMPLIANCE SCHEDULES, - 153 HAD ENFORCEMENT ACTION INITIATED, 384 WERE PENDING UNADDRESSED. o THE REGIONS IDENTIFIED 90 NEW (DYNAMIC) SIGNIFICANT VIOLATORS DURING THE FIRST QUARTER. O OF THE 90 NEW SIGNIFICANT VIOLATORS, FIVE RETURNED TO COMPLIANCE, ONE WAS PLACED ON AN ACCEPTABLE SCHEDULE AND 84 REMAIN UNADDRESSED. IN THE FIRST QUARTER OF FY 1987, THE REGIONS IDENTIFIED 127 NEW SIGNIFICANT VIOLATORS. ------- STATUS OF SIGNIFICANT AIR VIOLATORS As Of December 31, 1987 N U M B E R 125-- BOY A/ER-5,6 1 2 3 QUARTERS LEGEND PENDING E3 ENFORCEMENT ACTION 0 ON ACCEPTABLE SCHEDULES D IN COMPLIANCE -25- ------- AIR ENFORCEMENT ACTIVITY EPA AND STATE ENFORCEMENT INITIATION O IN THE FIRST QUARTER OF FY 1988, THE REGIONS REPORTED ISSUANCE OF 45 ADMINISTRATIVE ORDERS, COMPARED TO 25 IN THE FIRST QUARTER OF FY 1987. O STATES REPORTED ISSUANCE OF 907 ADMINISTRATIVE ORDERS IN FY 1987.* O EPA REFERRED 11 CIVIL CASES DURING THE. FIRST QUARTER OF FY 1988. THIS COMPARES WITH 12 IN THE FIRST QUARTER OF FY 1987. THREE CRIMINAL ACTIONS WERE REFERRED IN THE FIRST QUARTER. O STATES REFERRED 351 CIVIL CASES IN FY 1987. EPA CIVIL CASE CONCLUSIONS O AT THE BEGINNING OF FY 1988, 227 CASES WERE PENDING REVIEW AT EPA HEADQUARTERS AND/OR DOJ OR WERE FILED IN COURT COMPARED TO 197 IN FY 1987 (BOY). BY THE END OF THE QUARTER, 18 CASES HAD BEEN CONCLUDED. THE REMAINING 209 BOY CASES PLUS 11 NEW REGIONAL REFER- RALS COMPRISE A PENDING DOCKET OF 220 CASES. *NOTE: STATE DATA IS LAGGED ONE QUARTER ------- AIR ENFORCEMENT ACTIVITY As Of December 31, 1987 STATE AND EPA ENFORCEMENT INITIATION ADMINISTRATIVE ORDERS 600T 500-- 400- N U g E R 300- 200- 100- M QUARTERS STATE AND EPA ENFORCEMENT INITIATION CIVIL REFERRALS 250T 200- N 150| U M B E R 100- 50- EPA CIVIL CONCLUSIONS 250T A/ER-3,4 LEGEND D STATE EPA QUARTERS BOT ACTIVE CONCLUDED PENDING CASE DOCKET LEGEND PENDING FROM BOY 0 CONCLUDED D NEW REFERRALS FROM REGIONS -27- ------- AIR - FEDERAL FACILITY COMPLIANCE O THE REGIONS IDENTIFIED 13 FEDERAL FACILITIES AS SIGNIFICANT VIOLATORS AT THE BOY. THE REGIONS MET THEIR FIRST QUARTER TARGET TO ADDRESS TWO FACILITIES. O ONE NEW FEDERAL FACILITY SIGNIFICANT VIOLATOR WAS IDENTIFIED IN THE FIRST QUARTER. ------- AIR - FEDERAL FACILITY COMPLIANCE As Of December 31, 1987 SIGNIFICANT VIOLATORS 20-r BOY QUARTERS A/ER-1.5 LEGEND | ADDRESSED I PENDING -29- ------- ASBESTOS DEMOLITION AND RENOVATION ACTIVITY O IN THE FIRST QUARTER FY 1988, EPA RECEIVED 4,764 NOTIFICATIONS OF ASBESTOS DEMOLITION. DURING THE FOURTH QUARTER FY 1987, THE STATES RECEIVED 8,542 NOTIFICATIONS OF ASBESTOS DEMOLITION. O THE REGIONS CONDUCTED 219 INSPECTIONS DURING THE FIRST QUARTER AND 159 VIOLATIONS WERE IDENTIFIED THROUGH INSPECTIONS OR SELF-REPORTING. THE STATES CONDUCTED 5,011 INSPECTIONS AND DISCOVERED 207 VIOLATIONS, O EPA ISSUED 29 ADMINISTRATIVE ORDERS AND REFERRED FIVE CIVIL ACTIONS, AND THE STATES ISSUED 16 ADMINISTRATIVE ACTIONS AND NINE CIVIL REFERRALS. IN THE FIRST QUARTER OF FY 1987, EPA ISSUED 16 AOs AND REFERRED TWO CIVIL ACTIONS, AND THE STATES ISSUED 51 ADMINISTRATIVE ACTIONS AND 11 REFERRALS. NOTE: STATE DATA IS LAGGED ONE QUARTER ------- ASBESTOS DEMOLITION AND RENOVATION ACTIVITY As Of December 31, 1987 9000-r NUMBER OF NOTIFICATIONS A/ER-7 NUMBER OF INSPECTIONS LEGEND EPA 0 STATES NUMBER OF VIOLATIONS -31- ------- Office of Water -33- ------- OFFICE OF WATER FIRST QUARTER HIGHLIGHTS THE REGIONS AND THE STATES BOTH SHOW GOOD PERFORMANCE AGAINST TARGETS. FOR NON-ENFORCEMENT ACTIVITIES, 19 OF 28 TARGETS WERE MET OR EXCEEDED. o MAJOR SUCCESSES WERE IN THE UNDERGROUND INJECTION CONTROL (UIC), PRETREATMENT, STATE TOXICS CONTROL, AND WETLANDS PROGRAMS. - THE UIC PROGRAM MET 6 OF 7 TARGETS, AND THE PRIMACY STATES FINISHED FY 1987 WELL. - THE PRETREATMENT PROGRAM MET OR EXCEEDED ALL 6 TARGETS. - MINOR FACILITIES NEEDING CONSTRUCTION PLACED ON ENFORCEABLE SCHEDULES EXCEEDED THEIR TARGET. - STATE TOXIC 'CONTROL PROGRAMS FOR SURFACE WATERS MET THEIR TWO TARGETS, AND THREE STATES HAVE COMPLETED ACTION PLANS. - WETLANDS ACRES AT RISK IS A NEW ENVIRONMENTAL INDICATOR, AND ADVANCE IDENTIFICATION MET THEIR TWO TARGETS. O MINOR SHORTFALLS WERE IN THE OCEAN DUMPING, NPDES, AND CONSTRUCTION GRANTS PROGRAMS. - IN OCEAN DUMPING, ALL 3 TARGETS WERE MISSED. - THE NPDES PROGRAM MISSED 3 OF 4 TARGETS, HOWEVER EPA AND THE STATES BOTH INCLUDED WQA TOXIC LIMITS IN SOME PERMITS. - IN CONSTRUCTION GRANTS, ALL 3 TARGETS WERE MISSED. HOWEVER, NET OUTLAYS MADE 94% OF THEIR TARGET. BACKLOGGED ADMINISTRATIVE COMPLETIONS MET 64% OF THEIR TARGET IN THE FIRST QUARTER. ENFORCEMENT ACTIVITIES WERE ABOUT THE SAME AS THIS TIME LAST YEAR. THE PUBLIC WATER SYSTEM (PWS) AND UIC PROGRAMS CONTINUE TO USE THEIR ADMINISTRATIVE ORDER (AO) AUTHORITY. -35- ------- UIC CLASS I WELLS PERMIT DETERMINATIONS O UIC CLASS I WELLS ARE DEEP WELLS INJECTING WASTE BELOW ALL DRINKING WATER SOURCES. MADE BY EPA O IN FY 1987, EPA COMPLETED A TWO YEAR EFFORT TO REPERMIT ALL 123 EXISTING CLASS I WELLS. FOR FY 1988, THE REGIONS TARGETED 17 NEW AND EXISTING CLASS I PERMIT DETERMINATIONS FOR THE YEAR. O THIS QUARTER, EPA MADE NO PERMIT DETERMINATIONS, NOR WERE ANY TARGETED. (MOST OF THE WORK WILL BE DONE THE REST OF THE YEAR.) MADE BY PRIMACY STATES O SINCE DATA FOR THE PRIMACY STATES IS LAGGED ONE QUARTER, THIS REPORT COMPLETES FY 1987 ACTIVITIES. o BY 1990, STATES MUST REPERMIT 435 EXISTING CLASS I WELLS INTO 350 PERMITS (INCLUDING SOME MULTIPLE WELL PERMITS). BY THE END OF FY 1987, 304 CLASS I WELL PERMITS (87%) HAD BEEN DONE. o IN FY 1987, THE PRIMACY STATES STATES MADE 122 PERMIT DETERMINATIONS FOR NEW AND EXISTING CLASS I WELLS, ACHIEVING 192% OF THEIR TARGET OF 64. AFTER 49 PERMIT APPLICATIONS WERE DENIED/WITHDRAWN, PERMITS WERE ISSUED/MODIFIED FOR 52 EXISTING AND 22 NEW WELLS. (LAST YEAR THE PRIMACY STATES DID ROUGHLY THE SAME AMOUNT OF WORK, MAKING 94 PERMIT DETERMINATIONS, 127% OF THEIR TARGET OF 74: 74 FOR EXISTING, AND 20 FOR NEW WELLS.) - STATES IN FIVE REGIONS MADE PERMIT DETERMINATIONS. THE STATES IN REGIONS IV AND VI EXCEEDED THEIR TARGETS AND DID THREE-QUARTERS OF THE WORK. ------- N U M B E R 0 F 0 E T E R M I N A T I 0 N S 2Dr 15- UIC CLASS I PERMIT DETERMINATIONS (Existing and New) EPA As Of December 31, 1887 4- 1 2 QUARTERS NUMBER OF EXISTING WELLS AS OF 10/1/87: 122 STATES As Of September 30, 1987 125r 100-- 75- -\ 50-- 25-- QUARTERS LEGEND - TARGET ACTUAL 430 DW-1 -37- ------- UIC CLASS II. III. AND V WELLS PERMIT DETERMINATIONS O UIC CLASS II WELLS ARE RELATED TO OIL AND GAS PRODUCTION. O UIC CLASS III WELLS USE SPECIAL PROCESSES TO EXTRACT MINERALS. O UIC CLASS V WELLS INJECT FLUID INTO/ABOVE DRINKING WATER SOURCES. (MOST ARE SHALLOW AND WITH LESS SOPHISTICATED CONSTRUCTION.) MADE BY EPA o AT THE BEGINNING OF FY 1985, OW PLANNED TO MAKE PERMIT DETERMINATIONS FOR 1,210 EXISTING CLASS II SALT WATER DISPOSAL WELLS AND 31 CLASS III WELLS OVER A FIVE-YEAR PERIOD. O IN THE LAST THREE YEARS, EPA MADE 1,425 PERMIT DETERMINATIONS OF NEW AND EXISTING CLASS II AND III WELLS. (OVER 25,000 CLASS II ENHANCED RECOVERY AND HYDROCARBON STORAGE WELLS WERE NOT REQUIRED TO BE REPERMITTED.) o FOR FY 1988, EPA TARGETED PERMIT DETERMINATIONS FOR 502 NEW AND EXISTING CLASS II AND III WELLS. o IN THE FIRST QUARTER 1988, EPA MADE 125 DETERMINATIONS, ACHIEVING 118% OF ITS TARGET OF 106. AFTER 14 PERMIT APPLICATIONS WERE DENIED/WITHDRAWN, EPA ISSUED/MODIFIED PERMITS FOR 63 NEW AND 48 EXISTING CLASS II WELLS. MADE BY THE PRIMACY STATES o IN FY 1987, THE PRIMACY STATES PLANNED TO MAKE 5,506 PERMIT DETERMINATIONS OF NEW AND EXISTING CLASS II, III AND V WELLS. (REPORTING FOR THIS MEASURE IS LAGGED ONE QUARTER.) O BY THE END OF FY 1987, THE PRIMACY STATES MADE 8,380 PERMIT DETERMINATIONS (OF WHICH 6,641 WERE FOR NEW CLASS II WELLS) ACHIEVING 143% OF THEIR TARGET OF 5,506. (OVER 100,000 CLASS II ENHANCED RECOVERY OR HYDROCARBON STORAGE WELLS WERE NOT REQUIRED TO BE REPERMITTED.) (LAST YEAR THE PRIMACY STATES DID LESS WORK, MAKING 7,831 PERMIT DETERMINATIONS, OF WHICH 7,138 WERE FOR NEW CLASS II WELLS, 121% OF THEIR TARGET OF 6,467.) - STATES IN SEVEN REGIONS MET THEIR TARGETS. - STATES IN REGION VI HAVE THE LARGEST NUMBER OF EXISTING WELLS AND DID THE MOST WORK EVEN THOUGH THEY MISSED THEIR TARGET. ------- UIC CLASS II, III AND V PERMIT DETERMINATIONS (Existing and New) EPA As Of December 31, 1987 QUARTERS DW-2 NUMBER OF EXISTING WELLS AS OF 10/1/87: 84,852 STATES As Of September 30. 1987 u M B E R ? D E T E R M 1 i N A 1 0 N S DULT 500- 400- 300- 200- 100- n. / / S s / s X' ' i _i i BOOCh- 6000- 4000- 2000-- LEGEND - TARGET ACTUAL QUARTERS 201,978 -39- ------- UIC CLASS II MECHANICAL INTEGRITY TESTS o UIC MECHANICAL INTEGRITY TESTS ARE TO SEE THAT THE WELL CASINGS AND TUBINGS DO NOT LEAK AND THAT THE FLUID DOES NOT MIGRATE ALONG THE WELL BORE. O ALL EXISTING CLASS II WELLS MUST DEMONSTRATE MECHANICAL INTEGRITY WITHIN THE FIRST FIVE YEARS, AND EVERY FIVE YEARS THEREAFTER. VERIFIED BY EPA O IN FY 1985, EPA PLANNED TO VERIFY THE MECHANICAL INTEGRITY TESTING OF 20,237 (OUT OF 27,781) EXISTING CLASS II WELLS OVER A FIVE-YEAR PERIOD. DURING THE LAST THREE YEARS, EPA VERIFIED A TOTAL OF 9,612 TESTS PERFORMED BY OPERATORS, LEAVING 10,625 TO BE DONE OVER THE NEXT TWO YEARS. o FOR FY 1988, EPA TARGETED 3,849 CLASS II MECHANICAL INTEGRITY TESTS. o IN THE FIRST QUARTER OF FY 1988, EPA VERIFIED 1,103 MECHANICAL INTEGRITY TESTS, 120% OF THEIR TARGET OF 921. VERIFIED BY THE PRIMACY STATES O THE PRIMACY STATES PLANNED TO VERIFY THE MECHANICAL INTEGRITY TESTS OF 20,744 (OUT OF 141,153) EXISTING CLASS II WELLS IN FY 1987. (REPORTING FOR THIS MEASURE IS LAGGED ONE QUARTER.) O AT THE END OF FY 1987, THE PRIMACY STATES VERIFIED THE MECHANICAL INTEGRITY TESTS OF 25,941 WELLS, ACHIEVING 125% OF THEIR TARGET. (LAST YEAR, THE PRIMACY STATES VERIFIED THE MECHANICAL INTEGRITY TESTS OF 28,755 WELLS, 93% OF THEIR TARGET OF 30,883.) - STATES IN SIX REGIONS (IV, VI, VII, VIII, IX, AND X) MET OR EXCEEDED THEIR TARGETS. MORE THAN HALF OF THE WORK WAS IN REGION VI WITH 14,591 MITS DONE OUT OF THEIR 85,933 CLASS II WELLS. - STATES IN ONLY REGION V MISSED THEIR TARGETS. ------- UIC CLASS II WELLS MECHANICAL INTEGRITY TESTS EPA As Of December 31, 1987 STATES As Of September 30, 1987 4000r 1 2 QUARTERS NUMBER OF EXISTING WELLS AS OF 10/1/87: 27,781 250QOT 20000- - 15000-- 10000-- 5000- - LEGEND - TARGET ACTUAL DW-3 QUARTERS 141,153 DATA FOR STATES LAGGED ONE QUARTER -41- ------- UNDERGROUND INJECTION CONTROL COMPLIANCE SIGNIFICANT NONCOMPLIANCE BASED ON FIELD INSPECTIONS, MITs AND SELF-REPORTING, 1,609 WELLS WERE IDENTIFIED AS BEING NEWLY IN SNC. LAST QUARTER, THERE WERE 1,790 WELLS IN SNC. ADDRESSING SIGNIFICANT NONCOMPLIANCE AT THE END OF THE FOURTH QUARTER FY 1987, THERE WERE 1,790 WELLS IN SNC INCLUDING TWO WELLS IN SNC FOR TWO OR MORE QUARTERS. AT THE END OF THE FIRST QUARTER FY 1988, ALL BUT TWO WERE EITHER RETURNED TO COMPLIANCE OR ADDRESSED BY ENFORCEMENT ACTIONS. OF THE 1,609 WELLS CURRENTLY IN SNC, TWO HAVE BEEN IN SNC FOR TWO OR MORE QUARTERS. ENFORCEMENT ACTIONS DURING THE FIRST QUARTER, THE REGIONS ISSUED 15 PROPOSED AND NINE FINAL ADMINISTRATIVE ORDERS. THE STATES ISSUED 146 FINAL ORDERS AND REFERRED ONE CASE TO THE STATE ATTORNEY GENERAL. FIELD INSPECTIONS NATIONALLY, EPA EXCEEDED ITS TARGET FOR FIELD INSPECTIONS. EPA CONDUCTED 3,002 FIELD INSPECTIONS AGAINST A TARGET OF 2,152 FOR 139% OF TARGET. ------- PUBLIC WATER SYSTEMS COMPLIANCE o FOR THE 12 MONTHS ENDING SEPTEMBER 30, 1987, LESS THAN TWO PERCENT (917 OF 58,873) OF 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 TRIHALOMETHANE (TTHM) M&R REQUIREMENTS. THE REMAINING 57,956 SYSTEMS WERE EITHER IN FULL COMPLIANCE OR HAD VIOLATIONS OTHER THAN SNC. NOTE: STATE DATA IS LAGGED ONE QUARTER -43- ------- PUBLIC WATER SUPPLY ENFORCEMENT ADDRESSING NONCOMPLIANCE MICROBIOLOGICAL, TURBIDITY MCLs AND MONITORING/REPORTING AND TTHM MONITORING AND REPORTING AT THE END OF THE FOURTH QUARTER 1987, THERE WERE 1,021 COMMUNITY WATER SYSTEMS (CWS) IN SNC WITH THESE REQUIREMENTS. SINCE THEN 168 HAVE BEEN RETURNED TO COMPLIANCE AND 218 OTHERS HAVE BEEN ADDRESSED BY AN ENFORCEMENT ACTION LEAVING AN UNADDRESSED BALANCE OF 635 CWS (1.1% OF ALL CWS). LAST QUARTER THERE WERE 719 UNADDRESSED. CHEMICAL, RADIOLOGICAL AND TTHM (MCL ONLY) MCLs AND MONITORING/REPORTING AT THE END OF THE SECOND QUARTER FY 1987, THERE WERE 2f811 CWS IN SNC. SINCE THEN 694 HAVE BEEN RETURNED TO COMPLIANCE AND 133 OTHERS HAVE BEEN ADDRESSED BY AN ENFORCEMENT ACTION LEAVING 2,082 UNADORESSED (72% OF THE FIXED BASE). LAST QUARTER THERE WERE 2,384 CWS UNADDRESSED. ENFORCEMENT ACTIVITY AT THE END OF THE FIRST QUARTER, THE REGIONS HAD ISSUED 76 PROPOSED AND 50 FINAL ADMINISTRATIVE ORDERS. THE REGIONS ALSO REFERRED TWO CIVIL CASES. THE STATES HAD ISSUED 128 FINAL ADMINISTRATIVE/COMPLIANCE ORDERS AND HAD REFERRED 44 CIVIL CASES TO STATE ATTORNEYS GENERAL. A STATE IN REGION V HAD A CRIMINAL REFERRAL. NOTE: STATE DATA IS LAGGED ONE QUARTER ------- 12QOT PUBLIC WATER SYSTEMS RESPONSE TO SNC As Of June 30, 1987 EXCEPTIONS REPORT FIXED BASE SNC RETURN TO ENFORCEMENT PENDING COMPLIANCE ACTIONS SNC RETURN TO ENFORCEMENT PENDING COMPLIANCE ACTIONS DW/E-2,3,4 -45- ------- NATIONAL POLLUTION DISCHARGE ELIMINATION SYSTEM (NPDES1 PERMITS THE NPDES PROGRAM STARTED IN 1970. EACH NPDES PERMIT IS EFFECTIVE FOR FIVE YEARS. PERMIT APPLICATIONS ARE DUE AND SHOULD BE ACTED UPON DURING THE LAST SIX MONTHS OF A PERMIT'S TERM. PERMITS HAVE GONE THROUGH SEVERAL STAGES OF DEVELOPMENT AND STRINGENCY. MOST RECENTLY, PERMITS HAVE INCORPORATED LIMITS FOR TOXICS. CURRENTLY, ABOUT 70,000 FACILITIES HAVE NPDES PERMITS. OF THESE, SOME 7,300 ARE MAJORS: 3,600 INDUSTRIAL AND 3,700 MUNICIPAL. MAJOR FACILITIES NPDES REPERMITTING BY EPA O IN FY 1987, THE REGIONS REISSUED PERMITS TO 426 MAJOR FACILITIES, ADDRESSING MORE THAN THEIR GROWING NUMBER OF EXPIRING PERMITS. O IN FY 1988, THE REGIONS COMMIT TO REISSUE PERMITS TO 329 OF 400 MAJOR FACILITIES WHOSE PERMITS ARE DUE TO EXPIRE DURING THE YEAR. O IN THE FIRST QUARTER, THE REGIONS REISSUED 23 PERMITS (INCLUDING 18 WITH WATER QUALITY LIMITS FOR TOXICS) ACHIEVING 60% OF THEIR TARGET OF 38. - ONLY FIVE REGIONS HAD TARGETS, REGIONS I, IV, VI, VIII, AND X. - REGIONS IV AND X MET OR EXCEEDED THEIR TARGETS, WHILE REGIONS I, VI, AND VIII MISSED THEIR TARGETS. MAJOR FACILITIES NPDES REPERMITTING BY DELEGATED STATES o IN FY 1987, THE STATES REISSUED PERMITS TO 840 MAJOR FACILITIES, ADRESSING LESS THAN THEIR EXPIRING PERMITS (1,168). O IN FY 1988, THE STATES PLAN TO REISSUE PERMITS TO 1,036 OF 1,216 MAJOR FACILITIES WHOSE PERMITS ARE DUE TO EXPIRE DURING THE YEAR. O IN THE FIRST QUARTER, THE STATES REISSUED 129 PERMITS (INCLUDING 68 WITH WATER QUALITY LIMITS FOR TOXICS), ACHIEVING 59% OF THEIR TARGETOF 218. - STATES IN REGIONS IV, VII AND IX MET OR EXCEEDED THEIR TARGETS. STATES IN REGION IV (75/71) DID OVER HALF OF THE WORK. - THE STATES IN REGIONS I, II, III, V, VIII, AND X MISSED THEIR TARGETS BY 50% OR MORE. ------- MAJOR FACILITY NPDES REPERMITTING As Of December 31, 1987 EPA STATES 350-1 300- N U M 250- B E R 200- 0 F p 150- r E M 100- I T s 50- 0- p 1050-1 / 900- / / / 750- ' / / 600- / / ' 450- / S 300- f s / ' 150- ^s* ^g&i^^ , , , « ** I I I I 0 w / . / ' / / s .S s s r ,' s S / /'/^ s^ i i i i 1234 1234 QUARTERS LEGEND QUARTERS NUMBER WHICH HAVE EXPIRED * TARGET OR WILL EXPIRE BY: ACTUAL EOY 86 167 572 EOY 87 325 1.168 EOY 88 400 1,216 WQ-1 -47- ------- RESOLVING EVIDENTIARY HEARING REQUESTS O EACH FACILITY (MUNICIPAL, INDUSTRIAL, FEDERAL) IN THE NPDES PERMIT PROCESS MAY REQUEST AN EVIDENTIARY HEARING WITH AN ADMINISTRATIVE LAW JUDGE (ALJ). AN EVIDENTIARY HEARING CAN STAY FACILITY COMPLIANCE WITH PERMIT CONDITIONS, AND SO SHOULD BE EXPEDITIOUSLY RESOLVED. O BY THE END OF FY 1987, EPA AND THE STATES HAD RESOLVED 114 OF 160 PENDING EVIDENTIARY HEARING REQUESTS. O AT THE START OF FY 1988, EPA AND THE STATES HAD 195 EVIDENTIARY HEARING REQUESTS PENDING. EPA AND THE STATES PLAN TO RESOLVE 155 OF THE 195 PENDING CASES (EPA 15 OF 26, AND THE STATES 140 OF 169). EPA O IN THE FIRST QUARTER OF FY 1988, THE REGIONS HAD RESOLVED FOUR EVIDENTIARY HEARING REQUESTS AGAINST A TARGET OF ONE. DELEGATED STATES o IN THE FIRST QUARTER OF FY 1988, THE STATES RESOLVED THREE EVIDENTIARY HEARING REQUESTS AGAINST A TARGET OF SIX. O THE STATES IN REGIONS III WITH 90 PENDING EVIDENTIARY HEARING REQUESTS (UP FROM 46 LAST YEAR), AND V WITH 45 PENDING EVIDENTIARY HEARING REQUESTS (UP FROM 30 LAST YEAR) HAVE A GROWING BACKLOG. ------- RESOLVING EVIDENTIARY HEARING REQUESTS As Of December 31, 1987 EPA STATES tu- N 15- u M B E R R 10- E S 0 L V 14U- 120- * / 100- t 1 1 80- 1 1 60- / / x / < x ^» / ^s>^' 20 ^- *^* * i i n 1234 / / / / / / / / 1 f 1 ' I ^^^^-^ \ \ | 1234 QUARTERS LEGEND QUARTERS - TARGET ACTUAL EVIDENTIARY HEARING REQUEST PENDING AS OF 10/1/86: 45 115 WQ-4 -49- ------- NPDES COMPLIANCE STATUS o NINETY-THREE PERCENT OF THE 3,520 MAJOR INDUSTRIAL FACILITIES ARE NOT IN SIGNIFICANT NONCOMPLIANCE COMPARED TO LAST QUARTER'S 91%. REGIONS IV, V, VI, VIII, IX AND X HAD OVERALL COMPLIANCE RATES OF 93% OR BETTER. O EIGHTY-SIX PERCENT OF THE 3,770 MAJOR MUNICIPAL FACILITIES ARE NOT IN SIGNIFICANT NONCOMPLIANCE COMPARED TO LAST QUARTER'S 85%. REGIONS I, II, IV, VII, VIII AND IX HAD OVERALL COMPLIANCE RATES OF 86% OR BETTER. NPDES INSPECTION ACTIVITY O FOR COVERAGE OF MAJOR NPDES FACILITIES, THE REGIONS AND STATES HAVE INSPECTED 2,148 MAJOR FACILITIES AGAINST A COMBINED TARGET OF 1,454 FOR 148% OF TARGET. REGIONS VI, IX AND X MISSED THEIR TARGETS. NOTE: DATA REPRESENTS STATUS OF FACILITIES NOT IN SIGNIFICANT NONCOM- PLIANCE AS OF SEPTEMBER 30, 1987. ------- NPDES COMPLIANCE STATUS As Of September 30, 1987 MAJOR INDUSTRIALS MAJOR MUNICIPALS 93% LEGEND D NOT IN SNC SNC 86% UX WQ/E-1,2 -51- ------- RESPONSE TO SIGNIFICANT NONCOMPLIANCE EXCEPTIONS LIST THE NUMBER OF MAJOR INDUSTRIAL AND MUNICIPAL FACILITIES IN SNC FOR TWO OR MORE CONSECUTIVE QUARTERS WITHOUT BEING ADDRESSED OR RETURNED TO COMPLIANCE DECREASED FROM FOUR PERCENT TO THREE PERCENT OF ALL MAJOR FACILITIES. THERE ARE 53 FACILITIES (17 INDUSTRIAL AND 36 MUNICIPAL) THAT HAVE BEEN IN SNC FOR A YEAR OR MORE WITHOUT BEING ADDRESSED. THIS IS AN INCREASE FROM LAST QUARTER'S 52 AND REPRESENTS 21% OF THE EXCEPTIONS REPORT. - FOR MAJOR INDUSTRIALS, OF 94 FACILITIES FROM THE LAST QUARTER'S EXCEPTIONS LIST, 45 HAVE RETURNED TO COMPLIANCE AND 13 HAVE ENFORCEMENT ACTIONS INITIATED. THE REMAINING 36 PLUS 56 NEW SIGNIFICANT VIOLATORS ON THE EXCEPTIONS REPORT CONSTITUTE THE PENDING BALANCE OF 92. THERE ARE 3,520 MAJOR INDUSTRIALS. THREE PERCENT OF THESE ARE PENDING ON THE EXCEPTIONS REPORT, THE SAME AS LAST QUARTER. - FOR MAJOR MUNICIPALS, OF 172 FACILITIES FROM THE LAST QUARTER'S EXCEPTIONS LIST, 67 HAVE RETURNED TO COMPLIANCE AND 34 HAVE ENFORCEMENT ACTIONS INITIATED. THE REMAINING 71 PLUS 91 NEW SIGNIFICANT VIOLATORS ON THE EXCEPTIONS REPORT CONSTITUTE THE PENDING BALANCE OF 162. THERE ARE 3,770 MAJOR MUNICIPALS, FOUR PERCENT OF THESE ARE PENDING ON THE EXCEPTIONS REPORT, A DECREASE FROM LAST QUARTER'S FIVE PERCENT. ------- 1QQT RESPONSE TO SIGNIFICANT NONCOMPLIANCE EXCEPTIONS REPORT As Of December 31. 1987 MAJOR INDUSTRIALS MAJOR MUNICIPALS 200r 150-- N U M B E R 100-- 50-- SNC RETURNED ENFORCEMENT PENDING TO ACTIONS COMPLIANCE SNC RETURNED ENFORCEMENT PENDING TO ACTIONS COMPUANCE WQ/E-4.5,6,7 LEGEND D SNC 2 CONSECUTIVE QUARTERS SNC FOR MORE THAN 2 CONSECUTIVE QUARTERS -53- ------- NPDES ENFORCEMENT ACTIVITY O DURING THE FIRST QUARTER, EPA ISSUED 159 ADMINISTRATIVE ORDERS, COMPARED TO 199 DURING THE SAME QUARTER LAST YEAR. THE STATES ISSUED 125 AOsf COMPARED TO 437 DURING THE SAME QUARTER LAST YEAR. DURING THE FIRST QUARTER, THE REGIONS REFERRED 15 CIVIL CASES COMPARED TO SIX LAST YEAR. THE STATES REFERRED 72 CIVIL CASES, COMPARED TO 34 FOR THE QUARTER THIS TIME LAST YEAR. O REGIONS VIII AND X EACH HAD A CRIMINAL REFERRAL IN THE FIRST QUARTER. ------- NPDES ENFORCEMENT ACTIVITY As Of December 31, 1987 ADMINISTRATIVE ORDERS CIVIL REFERRALS 3UU- N 400- U M B E R 300- E A C H Q 200- U A R T E R 100- 0- 1 /U- 100- N U M B E 80- R E A C 60- H Q U _ A 40- 1 R ^r^ T ^^K%%, E -Wmt » ^^ 20* ^^^K22^2/ i i i i n ^^ f/SS my vta, y//% Yssft Wsfr vs/s w/// y/s/^ vfly Wt i i i i 1234 1234 QUARTERS QUARTERS LEGEND EPA /F-1D11 0 STATES -55- ------- STATUS OF MAJOR NPDES FEDERAL FACILITIES o EIGHTY-FOUR PERCENT OF THE 154 MAJOR FEDERAL FACILITIES ARE NOT IN SIGNIFICANT NONCOMPLIANCE COMPARED TO 85% LAST QUARTER AND 89% IN THE FIRST QUARTER OF FY 1987. FOR MAJOR FEDERAL FACILITIES ON THE EXCEPTIONS REPORT, OF THE EIGHT FACILITIES FROM THE LAST QUARTER'S EXCEPTIONS LIST, NONE WERE RETURNED TO COMPLIANCE AND FIVE HAD AN ENFORCEMENT ACTION INITIATED. THE REMAINING THREE PLUS TWO NEW SIGNIFICANT VIOLATORS ON THE EXCEPTIONS REPORT CONSTITUTE THE PENDING BALANCE OF FIVE FACILITIES. THREE PERCENT OF ALL MAJOR FEDERAL FACILITIES ARE PENDING ON THE EXCEPTIONS REPORT COMPARED TO FIVE PERCENT LAST QUARTER. THERE ARE THREE FACILITIES THAT HAVE BEEN IN SNC FOR FOUR OR MORE QUARTERS. ------- STATUS OF MAJOR NPDES FEDERAL FACILITIES As Of December 31, 1987 COMPLIANCE STATUS 16X LEGEND D NOT IN SNC 84% SNC 16% RESPONSE TO NEW VIOLATIONS DYNAMIC BASE WQ/E-3,7,8,9 SNC RETURNED ENFORCEMENT PENDING TO ACTIONS COMPLIANCE LEGEND D SNC 2 CONSECUTIVE QUARTERS SNC MORE THAN 2 CONSECUTIVE QUARTERS -S7- ------- MUNICIPAL PRETREATMENT PROGRAM AUDITS o A PRETREATMENT PROGRAM AUDIT IS A DETAILED ON-SITE REVIEW TO ASSESS THE PROGRAM'S ADEQUACY, INCLUDING REVIEW OF LOCAL LIMITS TO PROTECT AGAINST PASS THROUGH OR INTERFERENCE WITH TREATMENT WORKS, AND POTW PROCEDURES TO ENSURE EFFECTIVE IMPLEMENTATION. AUDITS ARE EXPECTED OF 20% OF THE UNIVERSE EACH YEAR. o IN FY 1988, THE REGIONS AND THE DELEGATED STATES PLAN TO AUDIT 315 OF THE 1,401 (637 IN THE REGIONS AND 764 IN THE STATES) APPROVED PRETREATMENT PROGRAMS BEFORE THE END OF THE YEAR. (THEY AUDITED 358 PROGRAMS IN FY 1986, AND 373 PROGRAMS IN FY 1987.) THE REGIONS HAVE TARGETED TO DO 149 AUDITS; THE STATES TO DO 166. EPA O DURING THE FIRST QUARTER OF FY 1988, THE REGIONS AUDITED 32 MUNICIPAL PRETREATMENT PROGRAMS AGAINST A TARGET OF 30. - REGIONS I, II, III, IV, VI, VII, AND VIII MET OR EXCEEDED THEIR TARGETS. REGION V (5/6) VIRTUALLY MADE ITS TARGET. APPROVED PRETREATMENT STATES o DURING THE FIRST QUARTER OF FY 1988, THE STATES AUDITED 36 MUNICIPAL PRETREATMENT PROGRAMS AGAINST A TARGET OF 36. - THE STATES IN REGIONS I, II, III, V, VI, AND VII MET OR EXCEEDED THEIR TARGETS. - THE STATES IN REGION IV (5/12) MISSED THEIR TARGET BY 50% OR MORE. THESE STATES HAVE AN END OF YEAR TARGET OF 64, AND A TOTAL OF 348 PROGRAMS, THE LARGEST IN THE NATION. ------- LOCAL PRETREATMENT PROGRAM AUDITS As Of December 31. 1987 EPA NUMBER OF APPROVED PRETREATMENT PROGRAMS AS OF 10/1 /B7: 637 STATES 1DU- 140- M U 120- M B E 100- R 0 80- F A en u i T 4-fV T *u- S 20- 0 1BD- / ' 150- / ' 120^ / j X X x 90- X X X / X 60- X / ^ y*' 3^ >^ Jlr / f \ i i _.. _i n M / / t f / f J * ' f / f / jX X1 X X x/ X i ill 1234 1234 QUARTERS LEGEND QUARTERS - TARGET AT.TIIAI 764 WQ-5 -59- ------- MUNICIPAL PRETREATMENT PROGRAM INSPECTIONS o A PRETREATMENT COMPLIANCE INSPECTION (PCI) ASSESSES POTW COMPLIANCE WITH ITS APPROVED PRETREATMENT PROGRAM. A PCI IS LESS INTENSE THAN AN AUDIT. IT ASSESSES THE POTW'S COMPLIANCE MONITORING AND ENFORCEMENT PROGRAM, CONTROL MECHANISMS, AND PROGRAM MODIFICATIONS. GENERALLY, ALL PRETREATMENT PROGRAMS NOT BEING AUDITED HAVE A PCI EACH YEAR. o IN FY 1988, THE REGIONS AND THE STATES PLAN TO INSPECT 1,046 OF THE 1,401 MUNICIPAL PRETREATMENT PROGRAMS. o IN FY 1988, THE REGIONS HAVE TARGETED TO INSPECT 350 PROGRAMS. o IN THE FIRST QUARTER OF FY 1988, THE REGIONS INSPECTED 53 PROGRAMS AGAINST A TARGET OF 51. APPROVED PRETREATMENT STATES O IN FY 1988, THE STATES HAVE TARGETED TO INSPECT 696 PROGRAMS. O IN THE FIRST QUARTER OF FY 1988, THE STATES INSPECTED 141 MUNICIPAL PRETREATMENT PROGRAMS AGAINST A TARGET OF 133. ------- LOCAL PRETREATMENT PROGRAM INSPECTIONS As Of December 31, 1987 EPA NUMBER OF APPROVED PRETREATMENT PROGRAMS AS OF 10/1/87: 637 STATES J3U- 300- N n M 250- B E R 200- 0 F 150- A U o I 100- T S 50- 7 600- / / / 500- y y / 400- / / / / 300- / ' 200- s s .X 100- 1234 / J / / * / * jf / / s . *? S \ \ \ \ 1234 QUARTERS LEGEND QUARTERS - TARGET ATTIIAJ 764 WQ-5 -61- ------- MUNICIPAL PRETREATMENT PROGRAM ADEQUATE CONTROL MECHANISMS O POTWS WHICH HAVE HAD PRETREATMENT PROGRAMS FOR SEVERAL YEARS SHOULD HAVE ADEQUATE CONTROL MECHANISMS INSTALLED FOR 95% OF SIGNIFICANT INDUSTRIAL USERS OVER THE NEXT TWO YEARS. HALF OF THE PROGRAMS SHOULD BE REVIEWED IN FY 1988, AND HALF IN FY 1989. o BY THE END OF THE YEAR, EPA PLANS TO REVIEW 318 OF 635 MUNICIPAL PRETREATMENT PROGRAMS, AND THE STATES PLAN TO REVIEW 371 OF 769. EPA O IN THE FIRST QUARTER OF FY 1988, THE REGIONS HAD DETERMINED THAT 153 MUNICIPAL PRETREATMENT PROGRAMS HAD ADEQUATE CONTROL MECHANISMS, 231% OF THEIR TARGET OF 66. - ALL REGIONS WITH TARGETS MET OR EXCEEDED THEIR TARGETS. REGIONS V (73/15) AND VIII (38/19) EXCEEDED THEIR TARGETS BY 200% OR MORE. APPROVED PRETREATMENT STATES O IN THE FIRST QUARTER OF FY 1988, THE STATES HAD DETERMINED THAT 247 MUNUCIPAL PRETREATMENT PROGRAMS HAD ADEQUATE CONTROL MECHANISMS, 301% OF THEIR TARGET OF 82. - STATES IN ALL REGIONS WITH TARGETS MET OR EXCEEDED THEIR TARGETS. THE STATES IN REGION V (174/27) EXCEEDED THEIR TARGET BY 644%. ------- PRETREATMENT POTWs WITH ADEQUATE CONTROL MECHANISMS As Of December 31, 1987 350-r EPA QUARTERS NUMBER OF APPROVED PRETREATMENT PROGRAMS AS OF 10/1/B7: 635 STATES 420r LEGEND - TARGET AP.TIIAI QUARTERS 769 WQ-6 -63- ------- NATIONAL MUNICIPAL POLICY IMPLEMENTATION THE GOAL OF THE NATIONAL MUNICIPAL POLICY, ISSUED JANUARY 30, 1984, WAS TO HAVE ALL POTWS ACHIEVE SECONDARY OR BETTER WASTEWATER TREATMENT BY JULY 1, 1988. OF THE NEARLY 3,700 MAJOR POTWS (WITH FLOWS GREATER THEN ONE MILLION GALLONS PER DAY), ABOUT 1,500 HAD NOT ACHIEVED THAT GOAL WHEN THE NMP WAS ISSUED. BY THE END OF THE FIRST QUARTER OF FY 1988, OF THESE 1,500 MAJOR FACILITIES: - 544 HAD CONSTRUCTION COMPLETED, 790 WERE PUT ON ENFORCEABLE SCHEDULES, AND 145 WERE REFERRED FOR CIVIL ACTION; . - ONLY 21 WERE NOT ON SCHEDULES BECAUSE THEY WERE: - REQUESTING 301(h) WAIVERS FOR OCEAN OUTFALLS (14), - DISPUTING A WATER QUALITY STUDY/WASTE LOAD ALLOCATION (6), OR - AWAITING AN ACTION ALREADY SCHEDULED (1). WITH VIRTUALLY ALL MAJOR POTWS BUILT OR IN VARIOUS STAGES OF CONSTRUCTION, OW'S FOCUS IN FY 1988 IS ON: - ENFORCING SCHEDULES FOR MAJOR POTWS, AND - PLACING MINOR POTWS (WITH FLOWS LESS THAN ONE MILLION GALLONS PER DAY) ON ENFORCEABLE SCHEDULES. MINOR MUNICIPAL FACILITIES REQUIRING CONSTRUCTION O MINOR MUNICIPAL FACILITIES REQUIRING CONSTRUCTION HAVE DECREASED FROM 3,361 IN FY 1986, TO 945 IN FY 1987, TO 333 IN FY 1988. o THE LAST TWO YEARS, EPA AND THE STATES HAVE PLACED AN AVERAGE OF 632 MINOR MUNICIPAL FACILITIES ON ENFORCEABLE SCHEDULES. O BY THE END OF FY 1988, EPA AND THE STATES PLAN TO PUT 218 OF THE REMAINING 333 MINOR MUNICIPAL FACILITIES ON ENFORCEABLE SCHEDULES. O IN THE FIRST QUARTER, EPA AND THE STATES PUT 88 MINOR MUNICIPAL FACILITIES ON ENFORCEABLE SCHEDULES, 122% OF THEIR TARGET OF 72. ------- MINOR MUNICIPAL FACILITIES NEEDING CONSTRUCTION PLACED ON ENFORCEABLE SCHEDULES As Of December 31, 1987 220r 165-- 110-- 55- wo-a NUMBER OF MINOR MUNICIPAL FACILITIES NEEDING CONSTRUCTION 133 LEGEND - TARGET ACTUAL H 4 i n in iv v vi vn viii ix x 3 11 0 0 300 0 0 2 0 17 LEGEND 0 TARGET H ACTUAL -65- ------- MUNICIPAL POLICY IMPLEMENTATION STATUS OF MUNICIPAL COMPLIANCE PLANS AS OF DECEMBER 30, 1987 THERE ARE 790 MAJOR FACILITIES WITH MUNICIPAL COMPLIANCE PLAN SCHEDULES. OF THIS NUMBER, 189 OR 24% OF THEM ARE IN SNC WITH THEIR SCHEDULES. THIS LEVEL IS UNCHANGED FROM LAST QUARTER. TWO ENFORCEMENT ACTIONS HAVE BEEN TAKEN BY EPA AND ONE BY A STATE TO ADDRESS SIGNIFICANT NONCOMPLIANCE VIOLATIONS OF MUNICIPAL COMPLIANCE PLANS. ------- MUNICIPAL COMPLIANCE PLAN As Of December 31, 1987 100-r 0 REGIONS TOTAL FACILITIES I 49 II 143 HI B5 IV 123 V 163 VI 135 vn 41 VIII 8 II 17 X NATIONAI 26 790 WQ-9,10 LEGEND % IN SNC WITH MCP SCHEDULES D X IN COMPLIANCE WITH MCP SCHEDULES -67- ------- STATE NONPOINT SOURCE (NFS) PROGRAMS o SECTION 319 OF THE WATER QUALITY ACT, AS AMENDED, REQUIRES EACH STATE TO PREPARE AND SUBMIT TO EPA, BY AUGUST 4, 1988, A NPS ASSESSMENT REPORT, AS WELL AS A NPS MANAGEMENT PROGRAM WHICH ADDRESSES THOSE NPS IMPACTED WATERS, IDENTIFIED IN THE ASSESSMENT REPORT, WHICH HAVE BEEN TARGETED FOR CONCERTED ACTION OVER THE NEXT FOUR YEARS. o IN ACCORDANCE WITH THE STATE CLEAN WATER STRATEGY APPROACH, THE NPS ASSESSMENT REPORTS WILL BE SUBMITTED BY THE STATE AS PART OF THEIR 305(b) REPORTS DUE APRIL 1, 1988. ALL STATES ARE REQUIRED TO SUBMIT NPS MANAGEMENT PROGRAMS BY THE END OF FY 1988 SO THAT EPA CAN SUBMIT A NPS REPORT TO CONGRESS BY JANUARY 1, 1989. o IN FY 1988, OW WILL BE TRACKING PROGRESS TOWARD THIS STATUTORY REQUIREMENT. - 50 OF THE 56 STATES AND TERRITORIES HAVE COMMITTED TO COMPLETE THEIR NPS ASSESSMENT REPORTS BY THE END OF THE THIRD QUARTER OF FY 1988. - 56 OF THE 56 STATES AND TERRITORIES ARE TARGETED FOR COMPLETION OF THEIR NPS MANAGEMENT PROGRAMS BY THE END OF THE FOURTH QUARTER OF FY 1988. ------- STATE NONPOINT SOURCE PROGRAMS As Of December 31, 1987 ASSESSMENT REPORTS MANAGEMENT PROGRAMS 60- N A U N B °«- O -ru r _ R r " t R 0 R F 1 T S n T 2 A ,R20- H s 6U- ^ ^ ^* ^ 1 1 / 40- / / / / / / / / 20- / / / / J s s* S S A^ III t\- 1*~ 1 1 1 Lr 1234 r / / / / / r / ff / 1 / / i / i / i / / / / / ^JL ^ S" 1 " "^ i i i T 1 1 1 1234 QUARTERS QUARTERS LEGEND * TARGET ACTUAL WQ-13 -69- ------- STATE TOXIC CONTROL PROGRAMS FOR SURFACE WATERS o IN FY 1988, REGIONS WILL ASSESS STATE TOXIC CONTROL PROGRAMS FOR SURFACE WATERS, FOCUSSING ON THEIR CONTROL STRATEGIES (STANDARDS, MONITORING, AND PERMITS) FOR POINT SOURCES OF TOXIC POLLUTION. AS PART OF THESE PROGRAM ASSESSMENTS, THE REGIONS WILL DETERMINE THE STATUS OF THE STATE'S COMPLIANCE WITH SECTION 308 OF THE WATER QUALITY ACT OF 1987, WHICH INCLUDES: IDENTIFYING SPECIFIC WATERBODIES WHICH ARE NOT ACHIEVING WATER QUALITY STANDARDS FOR TOXICS, IDENTIFYING POINT SOURCES CONTRIBUTING TO SUCH, DEVELOPING INDIVIDUAL CONTROL STRATEGIES FOR EACH LISTED WATER, AND ADOPTING NUMERIC STANDARDS FOR TOXICS. o BASED ON THE REGION'S ASSESSMENTS, STATES WILL DEVELOP ACTION PLANS DESCRIBING TOXIC CONTROL PROGRAM ACTIVITIES TO BE DEVELOPED. o THE REGIONS COMMITTED TO ASSESS 48 OF 56 STATES' AND TERRITORIES' TOXIC CONTROL PROGRAMS BY THE END OF FY 1988. o THE REGIONS HAVE COMPLETED 17 COMPREHENSIVE ASSESSMENTS IN THE FIRST QUARTER AGAINST A TARGET OF EIGHT. - SEVEN OF THE TEN REGIONS HAVE COMPLETED COMPREHENSIVE ASSESSMENTS, INCLUDING ALL FOUR REGIONS (III, V, VII, AND IX) WITH TARGETS. o 50 OF THE 56 STATES AND TERRITORIES COMMITTED TO COMPLETE TOXIC CONTROL ACTION PLANS BY THE END OF FY 1988. O IN THE FIRST QUARTER, 3 STATES HAVE COMPLETED TOXIC CONTROL ACTION PLANS AGAINST A TARGET OF ONE. - THE FIRST THREE STATES WITH COMPLETED TOXIC CONTROL ACTION PLANS ARE DELAWARE, MICHIGAN, AND WISCONSIN. ------- STATES WITH TOXIC CONTROL PROGRAMS FOR SURFACE WATER As Of December 31, 1987 EPA COMPREHENSIVE ASSESSMENTS COMPLETED STATE ACTION PLANS DEVELOPED uu- N U M 40- B E R g 30- ' A S r 20- t. S S M E N 10- T S & 3U- ~ / 4& J u ' U / M / B / E 3& / R / 0 / F / f\T>: 1 P / / L / '" / x s / x b 10- / X / ,' /,' fr i i i i £\ IK . y / / / / / / / f / / / ^ -"" ^^^ ^^--^ ^-^" ***^~- -^f i i . 1234 1234 QUARTERS QUARTERS LEGEND - TARGET NUMBER OF STATES ^Tllil AMD TFRRITDRIF.9' Rfi ACTUAL WQ-24,25 -71- ------- MARINE DISCHARGE PERMITS ISSUED REFLECTING 301fh) DECISIONS o SECTION 301(h) OF THE CLEAN WATER ACT OF 1972 SAYS THAT PERMITS MAY BE ISSUED TO POTWS WITH MODIFICATIONS FOR DISCHARGES INTO MARINE WATERS. THESE PERMITS REQUIRE APPLICABLE WATER QUALITY STANDARDS FOR SPECIFIC POLLUTANTS; MAINTAINING WATER QUALITY TO PROTECT PUBLIC WATER SUPPLIES, INDIGENOUS SHELLFISH, FISH, WILDLIFE, AND RECREATION ACTIVITIES IN AND ON THE WATER; PRETREATMENT; ELIMINATION OF TOXICS; AND VOLUME CONTROL. o OUT OF A TOTAL OF 208 PERMIT APPLICATIONS SEVERAL YEARS AGO, 26 REMAIN. OF THESE, 16 ARE TARGETED FOR THE END OF FY 1988. O IN THE FIRST QUARTER OF FY 1988, THE REGIONS HAD NOT ISSUED ANY PERMITS. ONLY ONE REGION HAD A TARGET OF ONE. (MOST OF THE WORK FOR THIS MEASURE WILL TAKE PLACE LATER IN THE YEAR.) ------- 16-r 14-- U 12 M B R 1° 0 F a R M 6-- T 4 S 2-- PERMITS ISSUED REFLECTING 301(h) DECISIONS As Of December 31, 1987 2 3 QUARTERS UNIVERSE: 26(OUT OF 208 THREE YEARS AGO) NUMBER OF PERMIT APPLICATIONS REMAINING AS OF 10/1/87:26 WQ-14 LEGEND - TARGET - ACTUAL ORIGINAL NUMBER OF PERMIT APPLJCATIONS?OB -73- ------- OCEAN DUMPING O THERE WERE 150-160 SITES PROPOSED FOR OCEAN DUMPING SEVERAL YEARS AGO. EPA IS WORKING TO COMPLETE ACTIONS ON THESE, TRACKING THREE STAGES: DEAFT AND FINAL ENVIRONMENTAL IMPACT STATEMENTS, AND SITE DESIGNATIONS. o BY THE END OF FY 1988, THE REGIONS PLAN TO COMPLETE 13 DRAFT ENVIRONMENTAL IMPACT STATEMENTS (EISs), OUT OF THE 61 REMAINING. o IN THE FIRST QUARTER, THE REGIONS COMPLETED ONE DRAFT EIS (THEIR TARGET WAS THREE). REGION VI COMPLETED A DRAFT EIS. (ONLY SIX REGIONS HAVE TARGETS THIS YEAR.) FINAL ENVIRONMENTAL IMPACT STATEMENTS o BY THE END OF FY 1988, THE REGIONS PLAN TO COMPLETE 15 FINAL EISs, OUT OF 68 REMAINING. O IN THE FIRST QUARTER, THE REGIONS COMPLETED ONE FINAL EIS (THEIR TARGET WAS TWO). REGION VI COMPLETED A FINAL EIS. (ONLY SIX REGIONS HAVE TARGETS THIS YEAR.) OCEAN DUMPING SITE DESIGNATIONS o BY THE END OF FY 1988, THE REGIONS PLAN TO DESIGNATE 23 OCEAN DUMPING SITES, OUT OF 106 REMAINING. o IN THE FIRST QUARTER, THE REGIONS HAD NOT DESIGNATED ANY OCEAN DUMPING SITES, NOR WERE ANY TARGETED. (MOST OF THE WORK HERE IS EXPECTED TO BE DONE IN THIRD AND FOURTH QUARTERS.) ------- OCEAN DUMPING SITE DESIGNATION As Of December 31, 1987 DRAFT ENVIRONMENTAL IMPACT STATEMENTS 15T N U M B E R 0 F I 5f T E S -H -t- 1 2 3 QUARTERS NUMBER OF SITES REQUIRING ACTION: 61 FINAL ENVIRONMENTAL IMPACT STATEMENTS SITE DESIGNATIONS 10 5-- WQ-15 24-j / 20 / 16 / 12 / B / / A, ^^ 0**^ 1 1 i .1 ft 1234 / / / y X 1234 QUARTERS QUARTERS 68 106 LEGEND - TARGET ACTUAL -75- ------- CONSTRUCTION GRANT PROGRAM SINCE 1970, THE CONSTRUCTION GRANTS PROGRAM HAS AWARDED OVER 11,000 GRANTS TO MUNICIPALITIES TOTALLING MORE THAN $40 BILLION. ROUGHLY 8,000 OF THESE GRANT PROJECTS HAVE BEEN COMPLETED AT 5,200 MAJOR AND MINOR POTWS NATIONWIDE. THESE PL 92-500 POTWS PROVIDE SECONDARY OR BETTER TREATMENT FOR ROUGHLY 94 MILLION PEOPLE. DESPITE THIS CONSIDERABLE PROGRESS, AS OF JANUARY 1986, THERE WERE STILL: - 140 COMMUNITIES DISCHARGING UNTREATED WASTEWATER, - 3,100 COMMUNITIES WITH FAILING ONSITE WASTEWATER TREATMENT PLANTS, AND - 2,000 COMMUNITIES WITH POTWS PROVIDING ONLY PRIMARY/ADVANCED PRIMARY WASTEWATER TREATMENT. THE CONSTRUCTION GRANTS PROGRAM CONTINUES TO PROVIDE FUNDS TO BUILD POTWS, AS WELL AS TO SUPERVISE THE DEVELOPMENT OF STATE REVOLVING FUNDS FOR LOANS. CONSTRUCTION GRANT NET OUTLAYS o IN FY 1988, EPA HAS TARGETED TO OUTLAY $2,624.5 MILLION FOR THE CONSTRUCTION GRANTS PROGRAM TO BUILD POTWS. O IN THE FIRST QUARTER, $662.8 MILLION WAS SPENT, 94.3% (JUST BELOW THE ACCEPTED +/" 5% WINDOW) OF THE TARGET OF $703.2 MILLION. - THREE REGIONS (II, IV, AND V) WERE WITHIN THE +/~ 5% WINDOW OF SPENDING, WHILE SEVEN REGIONS (SIX BELOW AND ONE ABOVE) WERE OUTSIDE THEIR +/- 5% SPENDING WINDOWS (SOME BY UP TO 24%). ------- 3000-p 2500-- I 2000 " L L 1500 A L R I S 0 N S 1000 500-- CONSTRUCTION GRANTS NET OUTLAYS As Of December 31, 1987 WQ-16 2 QUARTERS LEGEND - TARGET - ACTUAL -77- ------- CONSTRUCTION GRANTS - BACKLOGGED ADMINISTRATIVE COMPLETIONS O BACKLOGGED ADMINISTRATIVE COMPLETIONS ARE ANY POTW PROJECTS THAT HAS NOT BEEN ADMINISTRATIVELY COMPLETED WITHIN 12 TO 18 MONTHS AFTER IT HAS INITIATED OPERATION (DEPENDING ON THE DATA OF THE GRANT AWARD). O AT THE START OF FY 1987, THERE WERE 2,637 BACKLOGGED ADMINISTRATIVE COMPLETION PROJECTS, OF WHICH 1,619 WERE ADMINISTRATIVELY COMPLETED BEFORE THE END OF THE YEAR. (OVER 1,000 PROJECTS WERE CARRIED OVER TO THIS YEAR, NOW IN OPERATION 24 TO 30 MONTHS WITHOUT ADMINISTRATIVE COMPLETION.) o AT THE START OF FY 1988, THERE WERE 2,051 BACKLOGGED ADMINISTRATIVE COMPLETION PROJECTS (MORE THAN ONE-THIRD IN REGIONS II AND III ALONE), OF WHICH 1,450 ARE TARGETED FOR COMPLETION BY THE END OF THE YEAR. - IN THE FIRST QUARTER OF FY 1988, FOUR REGIONS (VI, VII, VIII AND X) MET THEIR TARGETS, WHILE SIX REGIONS MISSED THEIR TARGETS (BY 16-81%). O THE ADMINISTRATIVE COMPLETION ACTIVITY IS PERFORMED PRIMARILY BY THE STAFF OF STATE AGENCIES. SEVERAL REGIONS (II AND III IN PARTICULAR) HAVE HAD DIFFICULTY IN GETTING THEIR STATES TO COMMIT NEEDED RESOURCES TO THE ADMINISTRATIVE COMPLETION EFFORT, WHICH CONTRIBUTES TO THE BACKLOG. ------- 1500-r 1250-- M B E R 1000 0 F C 750 0 M P L E 500 T I 0 S 250 CONSTRUCTION GRANTS PROJECTS BACKLOGGED ADMINISTRATIVE COMPLETIONS As Of December 31, 1987 ADMINISTRATIVE COMPLETION BACKLOG AS OF 10/1/86: 2,637 10/1/87: 2,051 WO-18 QUARTERS LEGEND - TARGET - ACTUAL -79- ------- CONSTRUCTION GRANTS - NMP PROJECTS INITIATING OPERATION O NATIONAL MUNICIPAL POLICY (NMP) POTWS ARE TO ACHIEVE SECONDARY OR BETTER TREATMENT BY JULY 1, 1988. o LAST YEAR 392 NMP PROJECTS INITIATED OPERATION OUT OF A TOTAL OF 496 SCHEDULED TO START OPERATION DURING THE YEAR. o BY THE END OF FY 1988, EPA PLANS TO HAVE 511 NMP PROJECTS INITIATE OPERATION OUT OF A TOTAL OF 687 SCHEDULED TO START OPERATION DURING THE YEAR. O IN THE FIRST QUARTER, 75 NMP PROJECTS HAD INITIATED OPERATION, 62% OF THE TARGET OF 120. - ONLY TWO REGIONS (VII AND X) MET THEIR TARGETS, WHILE SIX DID NOT. REGION IV MISSED ITS TARGET BY OVER 75% (5/29) AND HAS THE SECOND LARGEST NUMBER OF PROJECTS (112) SCHEDULED TO INITIATE OPERATION DURING THE YEAR. ------- E C T WQ-19 CONSTRUCTION GRANT NATIONAL MUNICIPAL POLICE PROJECTS INITIATING OPERATION As Of December 31, 1987 N U M B 625-r 500-- N 375-- 0 A F 6 g 8 25° 125-- PROJECTS PENDING AS OF 10/1/86: 496 10/1/87: 687 QUARTERS LEGEND - TARGET - ACTUAL -81- ------- WETIANDS PROTECTION - ACREAGE AT RISK o WETLANDS ACRES AT RISK WITHIN THE SCOPE OF EPA ACTIVITIES IS AN IMPORTANT ENVIRONMENTAL INDICATOR REPORTED HERE FOR THE FIRST TIME. O ACRES AT RISK INCLUDES THOSE WETLANDS AND OTHER SPECIAL AQUATIC SITES KNOWN TO EPA BY PUBLIC NOTICES, AND FIELD ASSESSMENTS BY EPA OR OTHER SOURCES, SUCH AS THE U.S. CORPS OF ENGINEERS, OR STATE FISH AND GAME AGENCIES. o THE SCOPE OF EPA ACTIVITIES INCLUDES EPA PERMIT REVIEWS, ADVANCE IDENTIFICATIONS, ENFORCEMENT OR PRE-APPLICATION CONSULTATIONS, EIS REVIEWS INVOLVING SECTION 404 DREDGE AND FILL ISSUES, AND SARA/RCRA ACTIVITIES INVOLVING WETLANDS PROGRAMS. o IN THE FIRST QUARTER, ACRES AT RISK WITHIN THE SCOPE OF EPA ACTIVITIES AMOUNT TO 6,026 ACRES. THE BULK OF THE ACRES AT RISK APPEAR TO BE IN REGIONS 111(2,287) AND V(2,177). - THE REGIONS NOTE THAT THESE NUMBERS ARE ESTIMATES. THERE ARE PROBLEMS WITH THE DATA BASE FOR SEVERAL REASONS. PEOPLE FAMILIAR WITH THE WETLANDS PROGRAM SAY THAT THE ACRES ARE UNDERESTIMATED. O IN THE FIRST QUARTER, EPA WAS ABLE TO PREVENT THE LOSS OF 3,258 ACRES, 54% OF THE ACRES AT RISK. THE BULK OF THIS WAS IN REGION V(2,024). ------- WETLANDS AND SPECIAL AQUATIC SITE ACRES As Of December 31, 1987 20000 -r N 15000 U M B E R 0 10000 F A C R 1 5000-- WQ-20 QUARTERS LEGEND ACRES AT RISK ACRES LOSS AVOIDED DUE TO EPA -83- ------- WETLANDS PROTECTION - ADVANCE IDENTIFICATION o ADVANCED IDENTIFICATION OF WETLANDS DELINEATES SOME AREAS OF REGULATED WATERS AS SUITABLE OR UNSUITABLE FOR DISCHARGE FOR DREDGE AND FILL MATERIAL. THE AREAS UNDER CONSIDERATION ARE THOSE ON THE REGION'S PRIORITY LIST, WHERE THERE IS REASON TO BELIEVE THAT ADVANCE IDENTIFICATION WILL STRENGTHEN STATE OR LOCAL WETLANDS PROTECTION PROGRAMS. ADVANCE IDENTIFICATION INITIATED o INITIATING ADVANCE IDENTIFICATION OF WETLANDS AND SPECIAL AQUATIC SITES INVOLVES GEOGRAPHIC IDENTIFICATION AND MANAGEMENT APPROVAL FOR PURSUING THE ADVANCE IDENTIFICATION. o IN FY 1988, THE REGIONS PLAN TO INITIATE 11 ADVANCE IDENTIFICATIONS. O IN THE FIRST QUARTER, THE REGIONS HAD INITIATED FOUR ADVANCE IDENTIFICATIONS (THEIR TARGET WAS TWO). (MOST OF THE WORK HERE IS PLANNED FOR THE FOURTH QUARTER.) - REGION VII'S SITE IS MAJOR (1,000 OR MORE ACRES), A RAINWATER BASIN OF SOME 43,000 ACRES. - REGION IV'S TWO SITES AND REGION V'S SITE ARE MINOR. ADVANCE IDENTIFICATION COMPLETED o COMPLETING ADVANCE IDENTIFICATION OF WETLANDS AND SPECIAL AQUATIC SITES OCCURS WHEN A FINAL DOCUMENT IS SIGNED SPECIFYING THE AREA SUITABLE OR UNSUITABLE FOR DISCHARGE. o IN FY 1988, THE REGIONS PLAN TO COMPLETE 15 ADVANCE IDENTIFICATIONS. o IN THE FIRST QUARTER, THE REGIONS HAD COMPLETED ONE ADVANCE IDENTIFICATION, MEETING THEIR TARGET OF ONE. - REGION I'S SITE IS MAJOR, ONE-HALF OF YORK COUNTY, MAINE (ABOUT 600,000 ACRES). ------- 12T 10-- 2- WETLANDS AND SPECIAL AQUATIC SITES ADVANCE IDENTIFICATION ACTIONS As Of December 31, 1987 ACTIONS INITIATED x QUARTERS H 4 15T LEGEND TARGET ACTIONS COMPLETED 1 2 QUARTERS WQ-21.22 -85- ------- SECTION 404 ENFORCEMENT o AT THE BOY, 260 SITES WERE IN SIGNIFICANT VIOLATION. ONE HUNDRED AND EIGHTY-ONE (70%) OF THESE SITES HAD RECEIVED AN INITIAL ENFORCE- MENT ACTION. o DURING THE QUARTER, THE REGION RESOLVED VIOLATIONS AT 73 SITES: - 37 WERE RESOLVED BY ENFORCEMENT ACTION. - 14 WERE RESOLVED BY VOLUNTARY RESTORATION/CORRECTION. 9 WERE RESOLVED BY CORPS OF ENGINEERS (COE) AFTER-THE-FACT PERMITS WITH RESTORATION/MITIGATION. - 13 WERE RESOLVED BY COE AFTER-THE-FACT PERMITS WITH NO MITIGATION ENFORCEMENT FILED. o THE REGIONS CONDUCTED 114 ENFORCEMENT FIELD INVESTIGATIONS. o FROM EPA INVESTIGATIONS, COE OR FISH AND WILDLIFE SERVICE LEADS, THE REGION DISCOVERED 98 NEW SIGNIFICANT VIOLATOR SITES BRINGING THE TOTAL OF SITES IDENTIFIED AND UNRESOLVED SINCE THE BEGINNING OF YEAR TO 285. ONE HUNDRED AND EIGHTY-SEVEN OF THE 285 UNRESOLVED SITE VIOLATIONS HAVE AN INITIAL ENFORCEMENT ACTION PENDING. NINETY-EIGHT REMAIN UNADDRESSED. ------- SECTION 404 PROGRESS IN RESOLVING SITES SIGNIFICANT VIOLATIONS As Of December 31, 1987 3DQT 250-- 2QD-- 150-- 1QQ-- 50-- BOY SVs DETECTED RESOLVED BOY + DYNAMIC SVs UNRESOLVED BY EDO WQ/E-19a.19b,20 LEGEND REMAIN. UNADDRESSED 0 HAVE RECEIVED INITIAL ENFORCEMENT ACTION D RESOLVED -87- ------- Office of Solid Waste and Emergency Response -89- ------- OFFICE OF SOLID WASTE AND EMERGENCY RESPONSE FIRST QUARTER HIGHLIGHTS o THE REGIONS CONTINUED TO EXCEED TARGETS FOR PRELIMINARY ASSESSMENTS, SITE INSPECTIONS, AND REMEDIAL INVESTIGATION/FEASIBILITY STUDY STARTS. IMPORTANT TARGETS FOR REMEDY SELECTION AND FIRST REMEDIAL ACTION STARTS WERE SUBSTANTIALLY MISSED. o SARA MANDATES THAT, BY JANUARY 1, 1988, PRELIMINARY ASSESSMENTS BE COMPLETED FOR ALL SITES THAT WERE IN CERCLIS ON THE DATE OF ENACTMENT. THE REGIONS MET THIS GOAL BY COMPLETING PRELIMINARY ASSESSMENTS AT OVER 23,000 OF THESE SITES. o THE REGIONS MET OR EXCEEDED ALL FIRST QUARTER RCRA TARGETS FOR PERMITTING AND CLOSURE PLAN APPROVALS. o TO DATE, 136 LAND DISPOSAL FACILITIES AND 55 INCINERATORS HAVE BEEN PERMITTED, LEAVING 187 LDFs.TO BE PERMITTED BY NOVEMBER 1988 AND 149 INCINERATORS TO BE PERMITTED BY NOVEMBER 1989. -91- ------- PRELIMINARY ASSESSMENTS AND SITE INSPECTIONS o THE REGIONS COMPLETED 2,029 PRELIMINARY ASSESSMENTS THROUGH THE END OF THE FIRST QUARTER, FOR 156% OF THE TARGET OF 1,297. o THE REGIONS COMPLETED 243 SITE INSPECTIONS THROUGH THE END OF THE FIRST QUARTER, FOR 196% OF THE TARGET OF 124. o PROGRAM-TO-DATE INFORMATION, AS OF NOVEMBER 30, 1987, SHOWS THAT THE REGIONS HAVE CONDUCTED PRELIMINARY ASSESSMENTS OF 24,423 SITES. OF THESE, 7,959 (33%) HAVE HAD SITE INSPECTIONS. AS OF NOVEMBER 30, 6,218 (25%) WERE DETERMINED TO REQUIRE NO FURTHER RESPONSE UNDER CERCLA. REMOVAL ACTIVITIES o THE REGIONS INITIATED REMOVAL ACTIONS AT SEVEN NPL SITES, EXCEEDING A FIRST QUARTER TARGET OF ONE. FIVE OF THESE ACTIONS WERE FUND- FINANCED. IN ADDITION, EIGHT SUBSEQUENT (RETURN) ACTIONS WERE INITIATED IN THE FIRST QUARTER, SEVEN OF WHICH WERE FUND-FINANCED. o AT THE END OF FIRST QUARTER, TEN NPL SITES HAVE BEEN STABILIZED AS A RESULT OF A REMOVAL ACTION, NINE OF WHICH WERE FUND-FINANCED. THE END OF YEAR TARGET IS 52. ------- SUPERFUND PRELIMINARY ASSESSMENTS/SITE INSPECTIONS As Of December 31, 1987 PRELIMINARY ASSESSMENTS 30QOr QUARTERS S/F-1.2 H 4 1500-r 1125-- 750-- 375- SITE INSPECTIONS QUARTERS LEGEND - TARGET ACTUAL -93- ------- PROGRESS ON REMEDIAL INVESTIGATIONS/FEASIBILITY STUDIES fRI/FS) RI/FS STARTS O RI/FSS WERE INITIATED AT 17 NPL SITES IN THE FIRST QUARTER, FOR 155% OF THE TARGET OF 11. PRPs FINANCED 13, OR 76% OF THESE RI/FS STARTS. O EIGHT SUBSEQUENT RI/FSs ALSO WERE STARTED, FOR 80% OF THE TARGET OF TEN. TWO, OR 25%, WERE FUNDED BY PRPs. O PROGRAM-TO-DATE INFORMATION SHOWS THAT RI/FSS HAVE BEEN INITIATED AT ABOUT 690 NPL SITES: 69% FUND FINANCED 12% AT LEAST 1 FUND AND 1 PRP 19% PRP FINANCED 1% FEDERAL FACILITIES RECORDS OF DECISION (RODs) o EIGHT RODS WERE SIGNED FOR NPL SITES IN THE FIRST QUARTER, FOR 38% OF THE TARGET OF 21. FOUR OF THESE RODS WERE FINANCED BY PRPs. IN ADDITION, TWO SUBSEQUENT RODS WERE SIGNED, BY REGION II, FOR 33% OF THE TARGET OF SIX. o PROGRAM-TO-DATE INFORMATION SHOWS THAT RODS HAVE BEEN SIGNED FOR ABOUT 244 NPL SITES. ------- SUPERFUND PROGRESS ON REMEDIAL INVESTIGATIONS/FEASIBILITY STUDIES As Of December 31, 1987 FIRST RI/FS STARTS FIRST ROD DECISIONS I£U- N 90- U M B E R 0 60- F S 1 T I » 0- 1UU- M x» ^ 75 / 50- / 25- ^S^ 1234 / y ^^**^ i i i i \ \ ii i 1234 QUARTERS QUARTERS LEGEND - TARGET fr_*« ACTUAL -95- ------- REMEDIAL ACTION ACTIVITY o START OF REMEDIAL ACTION. AT THE END OF FIRST QUARTER, FIRST REMEDIAL ACTION ACTIVITY HAS BEEN INITIATED AT FIVE OF EIGHT TARGETED NPL SITES. THE FUND FINANCED ALL OF THIS FIRST QUARTER ACTIVITY. o IN ADDITION, THE REGIONS INITIATED SUBSEQUENT REMEDIAL ACTION ACTIVITY AT ONE NPL SITE (REGION I, PRP-FINANCED), AGAINST A FIRST QUARTER TARGET OF TWO. o PROGRAM-TO-DATE INFORMATION SHOWS THAT ABOUT 72 FUND FINANCED ACTIONS HAVE BEEN INITIATED AND THAT 63 SITES ARE BEING ADDRESSED BY PRPs WHO ARE IN COMPLIANCE WITH AN AGREEMENT AND HAVE A REMEDIAL DESIGN ACCEPTED. O COMPLETION OF REMEDIAL CONSTRUCTION. IN THE FIRST QUARTER, ALL REMEDIAL CONSTRUCTION WAS COMPLETED AT TWO NPL SITES, MEETING THE TARGET. THIS WORK WAS COMPLETED BY REGIONS III AND VI. o AS OF NOVEMBER 30, 1987, 22 NPL SITES HAD BEEN CLEANED UP (ALL CONSTRUCTION OPERABLE UNITS AND FINAL CONSTRUCTION INSPECTIONS ARE COMPLETED). o DELETION FROM THE NPL. AT THE END OF FIRST QUARTER, THE NPL DELETION PROCESS HAD BEGUN AT TWO OF SEVEN TARGETED NPL SITES. O AS OF NOVEMBER 30, 1987, 13 SITES HAD BEEN DELETED FROM THE NPL. ------- SUPERFUND REMEDIAL ACTION PROGRESS AT SITES As Of December 31. 1987 FIRST REMEDIAL ALL REMEDIAL CONSTRUCTION U501 B 40 E p 30 0 F 20 S I 10 T S X X x X X ^---"~ ' N e- x U S x B ^^ 1 2 3 4 9 4' QUARTERS *" S I FIRST REMEDIAL T ACTION START (PRP) £ 2- U2Q1 M B E R 0 10- F S I T E n w / / / / -. xx %****» * **.! **J ^A A*A «* *+*±\Uf * m / J / / / / / / / sS ^ ** ^^ / / / / / r 1 III 1234 ^ / QUARTERS ^"^ s* ** _^-" LEGEND ^ ^" ^" t 1 1 1 QUARTERS S/C-7(a).7(b),8 - TARGET ACTUAL -97- ------- SUPERFUND ENFORCEMENT ACTIVITY o SECTION 107 COST RECOVERY ACTIONS - SIX SECTION 107 COST RECOVERY ACTIONS WERE REFERRED VERSUS A TARGET OF SIX. FOUR SECTION 107 ACTIONS WERE REFERRED DURING THE FIRST QUARTER OF FY 1987. o SECTION 106 REFERRALS DIRECTING PRIVATE PARTY CLEAN-UP - THERE WERE NO SECTION 106 REFERRALS WERE MADE DURING THE FIRST QUARTER. ONE SECTION 106 REFERRAL WAS MADE DURING THE SAME PERIOD LAST YEAR. o SECTION 106 REMOVAL ORDERS - TWELVE SECTION 106 REMOVAL ORDERS WERE ISSUED DURING THE FIRST QUARTER, NINE AT NON-NPL SITES AND THREE AT NPL SITES. ------- SUPERFUND ENFORCEMENT ACTIVITY As Of December 31, 1987 SECTION 107 RECOVERY CIVIL REFERRALS (CUMULATIVE) 10T 23 QUARTERS SECTION 108 CIVIL REFERRALS (CUMULATIVE) 23 20 N 15 U M B E " ID- S' n. 1 1 1 1 S/E-2(a) 1234 QUARTERS LEGEND CUMULATIVE TARGET CUMULATIVE ACTUAL 12T N U M a E R 6 3- SECTION 108 REMOVAL ORDERS (CUMULATIVE) 4- 4- 234 QUARTERS -99- ------- CHEMICAL EMERGENCY PREPAREDNESS PROGRAM O AT THE END OF FIRST QUARTER, 42 STATES HAD STATE IMPLEMENTATION MEMOS (SIMS) IN PLACE, EITHER CURRENT OR UNDER REVISION. THESE MEMOS ESTABLISH WORKING RELATIONSHIPS BETWEEN THE STATES AND EPA, AND IDENTIFY AREAS WHERE CHEMICAL EMERGENCY PREPAREDNESS (CEP) PLANS WILL BE DEVELOPED AND TESTED. FIVE STATES HAVE DOCUMENTED INTENT NOT TO COMPLETE A SIM. O EPA ASSISTED STATES IN SIX TABLE-TOP AND/OR FIELD SIMULATIONS OF CHEMICAL EMERGENCIES, MISSING ITS TARGET OF NINE (67%). THE PURPOSE OF THESE SIMULATIONS IS TO TEST COMMUNITY PREPAREDNESS TO RESPOND TO AN EMERGENCY. o EPA DIRECTLY ASSISTED IN DEVELOPING 14 CONTINGENCY PLANS, MISSING THE TARGET OF 17 (82%). DIRECT ASSISTANCE BY EPA INCLUDES PROVIDING PROGRAMMATIC OR TECHNICAL ASSISTANCE UPON REQUEST OF STATES OR COMMUNITIES. ------- CHEMICAL EMERGENCY SIMULATIONS As Of December 31, 1987 50-r N U 40 M B E R 0 3D F I U 20 L A T 8 10 S CEP-3 QUARTERS LEGEND - TARGET - ACTUAL -101- ------- PERMITTING PROGRESS AT LAND DISPOSAL FACILITIES O AT THE END OF FIRST QUARTER, THE MULTI-YEAR PERMITTING PLANS ARE TRACKING PERMITTING PROGRESS AT 323 LAND DISPOSAL FACILITIES (LDFs) O FINAL DETERMINATIONS; THE REGIONS MADE 31 FINAL LDF PERMIT DETERMINATIONS IN THE FIRST QUARTER, EXCEEDING THE FIRST QUARTER TARGET OF 20 (155%). OF THESE, 20 PERMITS WERE ISSUED AND 11 WERE DENIED. TO DATE, THE REGIONS HAVE MADE 136 FINAL DETERMINATIONS, LEAVING 187 REMAINING TO BE PERMITTED BY NOVEMBER 1988. o PUBLIC NOTICES; THE REGIONS ISSUED 15 PUBLIC NOTICES FOR LDFs DURING THE FIRST QUARTER, 13 OF WHICH WERE DRAFT PERMITS AND TWO WERE NOTICES OF INTENT TO DENY PERMITS. ------- PROGRESS TO DATE RCRA LAND DISPOSAL FACILITY PERMITTING As Of December 31, 1987 375-r 323 300-- U " M f B I I R 225 R M N P E R M 150-- N S 105 75-- FACIUTIES SEEKING PERMITS BY 11/88 DETERMINATIONS MADE PRIOR TO FY 1988 QUARTERS LEGEND - TARGET - ACTUAL -103- ------- PROGRESS AT CLOSING FACILITIES LAND DISPOSAL O THE REGIONS HAVE APPROVED CLOSURE PLANS FOR 24 LAND DISPOSAL FACILITIES, EXCEEDING THE FIRST QUARTER TARGET OF 22. O IN THE FIRST QUARTER, THE REGIONS ISSUED 19 NOTICES OF CLOSURE PLAN AVAILABILITY FOR LDFs. O AT THE END OF THE FIRST QUARTER, THERE WERE ABOUT 1200 LDFs ON THE CLOSURE TRACK. TO DATE, CLOSURE PLANS HAVE BEEN APPROVED FOR 653 OF THESE FACILITIES. ------- RCRA CLOSURE PLAN APPROVALS FOR LAND DISPOSAL FACILITIES As Of December 31. 1987 R/C-1(f) i/a- N U M 1*n B 140- E R 0 F 105- P L A N S 70- A P P R ,K 0 35- V E D 0- / y y J f / / / s' X X X X X X X X X X X X ^"*"*tf*^ ^s****^ 1234 QUARTERS LEGEND - TARGET - ACTUAL -105- ------- PERMITTING PROGRESS AT INCINERATORS o FOUR FINAL PERMIT DETERMINATIONS FOR INCINERATORS WERE MADE IN FIRST QUARTER, AGAINST A TARGET OF ONE. THREE OF THESE DETERMINATIONS WERE MADE BY REGION VI. - 3 PERMITS HAVE BEEN ISSUED. - 1 PERMIT HAS BEEN DENIED. TO DATE, THE REGIONS HAVE MADE 55 FINAL DETERMINATIONS. 149 INCINERATORS REMAIN TO BE PERMITTED. O IN ADDITION, FOUR DRAFT PERMIT DETERMINATIONS WERE ISSUED IN FIRST QUARTER. ALL OF THESE WERE DRAFT PERMITS ISSUED BY REGION VI. PROGRESS AT CLOSING INCINERATORS O IN FIRST QUARTER, TWO INCINERATOR CLOSURE PLANS WERE APPROVED AGAINST A TARGET OF ZERO. ,1 o IN ADDITION, ONE PUBLIC NOTICE OF CLOSURE PLAN AVAILABILITY WAS ISSUED. ------- PERMITTING PROGRESS AT INCINERATORS As Of December 31, 1987 INCINERATOR FINAL PERMIT DETERMINATIONS 25- 20-- 15-- ID- S'- 0 H 1 1 1 2- 01 Q2 03 04 R/C-1(d&e).1(f) LEGEND - TARGET ACTUAL INCINERATOR CLOSURE PLANS APPROVED 01 02 03 04 -107- ------- PERMITTING PROGRESS AT STORAGE AND TREATMENT FACILITIES o EIGHT FINAL PERMIT DETERMINATIONS FOR STORAGE/TREATMENT FACILITIES WERE MADE IN FIRST QUARTER: - 6 PERMITS HAVE BEEN ISSUED. - 2 PERMITS HAVE BEEN DENIED. - 22 CLOSURE PLANS HAVE BEEN APPROVED. o TO DATE, THE REGIONS HAVE MADE 474 FINAL PERMIT DETERMINATIONS AND HAVE APPROVED 391 CLOSURE PLANS. AT THE END OF FIRST QUARTER, THERE WERE ABOUT 1400 STORAGE/TREATMENT FACILITIES SEEKING PERMITS AND ABOUT 400 CLOSING FACILITIES. O IN ADDITION, THE REGIONS ISSUED TEN DRAFT PERMIT DETERMINATIONS FOR STORAGE/TREATMENT FACILITIES, NINE OF THESE WERE DRAFT PERMITS. O IN ADDITION, THE REGIONS HAVE ISSUED 26 STORAGE/TREATMENT NOTICES OF CLOSURE PLAN AVAILABILITY. ------- CORRECTIVE ACTION ACTIVITY O THE CORRECTIVE ACTION SPMS MEASURES APPLY TO FACILITIES SEEKING OPERATING PERMITS AND CLOSING FACILITIES. o IN THE FIRST QUARTER, THE REGIONS COMPLETED RCRA FACILITY ASSESSMENTS (RFAs) AT 42 FACILITIES. O REMEDIAL INVESTIGATIONS WERE IMPOSED FOR FOUR SITUATIONS REQUIRING CORRECTIVE ACTION. o THERE WERE NO CORRECTIVE ACTION REMEDIES SELECTED NOR ANY CORRECTIVE ACTION DESIGNS APPROVED IN THE FIRST QUARTER. I1 WAIVER REQUESTS o THIS SPMS MEASURE TRACKS DECISIONS MADE ON REQUESTS FOR WAIVERS FROM REGULATIONS. O ONE WAIVER REQUEST WAS GRANTED IN THE FIRST QUARTER (REGION V) AND NONE WERE DENIED. -109- ------- RCRA INSPECTIONS OF LAND DISPOSAL FACILITIES o EPA AND THE STATES SURPASSED THEIR FIRST QUARTER TARGET FOR INSPECTIONS OF LAND DISPOSAL FACILITIES BY CONDUCTING 245 (129%) INSPECTIONS VERSUS A TARGET OF 190. RCRA INSPECTIONS OF TREATMENT AND STORAGE FACILITIES O EPA AND THE STATES SURPASSED THEIR FIRST QUARTER TARGET FOR INSPECTIONS OF TREATMENT AND STORAGE FACILITIES BY CONDUCTING 414 (139%) VERSUS A TARGET OF 298. RCRA INSPECTIONS OF FEDERAL, STATE, AND LOCAL GOVERNMENT TSDF's (EPA ONLY) o THE EPA REGIONS SURPASSED THEIR FIRST QUARTER TARGET OF 52 BY CONDUCTING 63 (121%) INSPECTIONS OF FEDERAL, STATE, AND LOCAL TSDF's. ------- RCRA INSPECTIONS OF LAND DISPOSAL FACILITIES As Of December 31, 1987 125-r- P E C ° P U M c Y U T u * R V E 100 75-- 50-- 25-- 125+ TARGET 75 R/E-2(a) II III IV V VI REGIONS LEGEND EPA A STATES VII VIII IX X -111- ------- RCRA - PROGRESS ON ADDRESSING LAND DISPOSAL FACILITIES IN SIGNIFICANT NONCOMPLIANCE o THE RCRA ENFORCEMENT PROGRAM HAS IDENTIFIED 712 LAND DISPOSAL FACILITIES AS SIGNIFICANT NONCOMPLIERS AT THE BEGINNING-OF-THE-YEAR, WITH 563 HAVING HAD FORMAL ENFORCEMENT ACTION INITIATED PRIOR TO THE BEGINNING OF FY 1988. OF THE REMAINING 149 SNC's, 145 ARE TARGETED TO BE ADDRESSED THROUGH FORMAL ACTION OR RETURNED TO COMPLIANCE BY THE END OF THE YEAR. o THE PROGRAM SURPASSED ITS FIRST QUARTER TARGET FOR ADDRESSING SNC's. NINETY-SEVEN SNC's WERE PENDING AT THE END OF THE QUARTER AGAINST THE PROGRAM GOAL OF HAVING 115 PENDING. o THE DISTRIBUTION OF THE 712 SNC's IN THE FIXED BASE AT THE END OF THE FIRST QUARTER IS AS FOLLOWS: - 26 (4%) RETURNED TO PHYSICAL COMPLIANCE; - 262 (37%) ARE UNDER A FINAL, EFFECTIVE ADMINISTRATIVE ORDER, COURT JUDGMENT OR CONSENT DECREE; - 327 (46%) HAVE RECEIVED AN INITIAL ADMINISTRATIVE OR JUDICIAL COMPLAINT; AND, - 97 (14%) ARE PENDING. ------- RCRA - PROGRESS ON ADDRESSING LAND DISPOSAL FACILITIES IN SIGNIFICANT NONCOMPLIANCE As Of December 31, 1987 Reduction of Fixed Base (Pending As Of October 1, 1987) BOO T BOY TARGET R/E-4(e) 2 3 QUARTERS LEGEND D RETURNED TO COMPLIANCE 0 ON COMPLIANCE SCHEDULES 0 INITIAL ENFORCEMENT ACTION TAKEN PENDING -113- . ------- RCRA FEDERAL FACILITIES STATUS PROGRESS AGAINST SIGNIFICANT NONCOMPLIANCE FORTY-TWO FACILITIES WERE REPORTED AS BEING IN SIGNIFICANT NONCOM- PLIANCE AT THE END OF THE FIRST QUARTER. OF THESE, 26 HAVE BEEN ADDRESSED WITH FORMAL ENFORCEMENT ACTIONS. ------- RCRA - FEDERAL FACILITIES STATUS As Of December 31, 1987 PROGRESS AGAINST SNC R/E-5A LEGEND t SNC/END OF QUARTER/UNADDRESSED f SNC/END OF QUARTER/ADDRESSED -115- ------- RCRA ENFORCEMENT ACTIVITY FORMAL ADMINISTRATIVE ACTIONS o IN THE FIRST QUARTER, THE EPA REGIONS ISSUED 52 FORMAL ADMINISTRATIVE ACTIONS TO TSDF's COMPARED TO 32 IN THE FIRST QUARTER OF FY 1987. o THE STATES ISSUED 121 FORMAL ADMINISTRATIVE ACTIONS TO TSDF's DURING THE FIRST QUARTER COMPARED TO 61 IN THE FIRST QUARTER OF FY 1987. CIVIL ACTIONS o THE EPA REGIONS REFERRED ONE CIVIL ACTION UNDER RCRA COMPARED TO TWO IN THE FIRST QUARTER OF FY 1987. CRIMINAL REFERRALS O THE EPA REGIONS REFERRED 3 CRIMINAL ACTIONS UNDER RCRA COMPARED TO THREE FOR THE SAME PERIOD LAST YEAR. ------- RCRA ENFORCEMENT ACTIVITY As Of December 31, 1987 175-r 15Q-- C U M 125 L A T 10Q V E N U M B E R 75-- 50-- ADMIN1STRATIVE COMPLAINTS ISSUED TO TSDF's 2 3 QUARTERS R/E-6 LEGEND D STATES EPA -117- ------- UNDERGROUND STORAGE TANKS STATE PROGRAMS o IN FIRST QUARTER, 23 STATES HAD ADEQUATE LEGISLATION FOR DEVELOPING AN UNDERGROUND STORAGE TANK (UST) PROGRAM TO REGULATE TANK DESIGN AND MAINTENANCE, AND FOR CORRECTIVE ACTION. PREVIOUSLY, THE STATES' LEGISLATION DID NOT INCLUDE CORRECTIVE ACTION. O SEVENTEEN STATES HAD THE LEGISLATIVE AUTHORITY TO DEVELOP AN APPROVABLE UST PROGRAM THAT ADDRESSES THE REQUIREMENTS FOR FINANCIAL ASSURANCE OF OWNERS. ------- ENFORCEMENT OF INTERIM PROHIBITION o 81 FACILITIES WERE BROUGHT INTO COMPLIANCE. OF THESE, 26 (32%) WERE IN REGION III. THESE FACILITIES WERE IDENTIFIED EITHER IN FY 1987 OR IN FIRST QUARTER. o 49 FACILITIES HAD ENFORCEMENT ACTIONS FILED AGAINST THEM IN FIRST QUARTER. OF THESE, 27 (55%) WERE IN REGION VIII. THESE FACILITIES WERE IDENTIFIED AS VIOLATORS EITHER IN FY 1987 OR IN FIRST QUARTER. o NATIONALLY, THERE WERE 130 FACILITIES IDENTIFIED DURING FIRST QUARTER AS BEING IN VIOLATION OF EITHER THE FEDERAL INTERIM PROHIBITION OR SIMILAR STATE UST REGULATION. OF THESE VIOLATORS, 85 (65%) WERE IDENTIFIED IN REGION III. STATUS OF UST REGULATION o SIX NEW ISSUES WERE INCLUDED IN A SUPPLEMENTAL PROPOSAL TO THE UST REGULATION DRAFT. OF THESE SIX ISSUES, FOUR ADDRESS TECHNICAL STANDARDS AND TWO ADDRESS STATE PROGRAMS. THE COMMENT PERIOD FOR THE PROPOSAL WAS FROM DECEMBER 23, 1987 TO JANUARY 22, 1988. o THE UST REGULATION IS EXPECTED TO BE PUBLISHED MAY 31, 1988. THE FEDERAL INTERIM PROHIBITION IS EXPECTED TO END IN JULY 1988 AFTER FINAL RULES ARE PUBLISHED. -119- ------- CLEANUP OF LEAKING UNDERGROUND STORAGE TANKS O THROUGH FIRST QUARTER, THERE WERE EIGHT STATES WITH LEAKING UNDERGROUND STORAGE TANK (LUST) TRUST FUND COOPERATIVE AGREEMENTS THAT INCLUDED FY 1988 MONIES, EXCEEDING THE TARGET OF SIX STATES (133%). THE END OF YEAR TARGET FOR THESE AGREEMENTS IS 44 STATES. o TO CARRY OUT LUST TRUST FUND ACTIVITIES: 40 STATES HAD THE AUTHORITY FOR CORRECTIVE ACTION; 44 STATES HAD THE AUTHORITY FOR ENFORCEMENT; AND 28 STATES HAD THE AUTHORITY FOR COST RECOVERY. O 2,547 SITE CLEANUPS WERE INITIATED IN RESPONSE TO POLLUTION FROM LEAKING UNDERGROUND STORAGE TANKS. THIS INCLUDES CLEANUPS IN STATES THAT HAVE NO LUST AGREEMENT WITH EPA. ------- STATES WITH LUST TRUST FUND COOPERATIVE AGREEMENTS As Of December 31, 1987 50 T 40-- N U M B 0 F S 20 A T E S 10 x X X X UST-3A QUARTERS LEGEND * TARGET - ACTUAL -121- ------- LUST CLEANUPS INITIATED As Of December 31, 1987 NATIONAL TOTAL IS 2,547 LEGEND UST-3C ONE BARREL EQUALS 100 CLEANUPS MORE THAN 200 LESS THAN 50 ------- Office of Pesticides and Toxic Substances -125- ------- OFFICE OF PESTICIDES AND TOXIC SUBSTANCES FIRST QUARTER HIGHLIGHTS o OPTS MET ITS FIRST QUARTER TARGET FOR FINAL DECISIONS ON REGISTRATION APPLICATIONS FOR THREE OF FOUR CATEGORIES (AMENDED, NEW USES, AND NEW ACTIVE INGREDIENTS) AND MISSED THE FIRST QUARTER TARGET FOR OLD CHEMICALS. o BACKLOGS FOR PESTICIDE REGISTRATION APPLICATIONS FOR FIRST QUARTER DECREASED FOR NEW USES AND NEW ACTIVE INGREDIENTS BUT INCREASED FOR OLD CHEMICALS AND AMENDED REGISTRATIONS. o OVERALL PESTICIDES REGISTRATION APPLICATION BACKLOG INCREASED FROM 2,757 (END OF FY 1987) TO 3,062 AT THE END OF FIRST QUARTER. o OPTS ISSUED FIVE INTERIM REGISTRATION STANDARDS (STAGE 1) DURING THE FIRST QUARTER. THESE COVERED FIVE ACTIVE INGREDIENTS AND 509 PESTICIDE PRODUCTS. o DURING FIRST QUARTER, OPTS ISSUED ONE FRSTR (PHOSALONE). THIS MAKES A TOTAL OF THREE FRSTRs ISSUED TO DATE. O OPTS MET THE FIRST QUARTER TARGET OF TWO FOR ACTIONS ON EXISTING CHEMICALS IN FORMAL OPTION/SELECTION PROCESS OR ARE PLANNED FOR TSCA SECTION 6 REGULATIONOPTION/SELECTION FOR CHLORINATED SOLVENTS: (DRY CLEANING) WAS COMPLETED ON 12/15/87, AND FRM ON ASBESTOS IN SCHOOLS WAS PUBLISHED 10/30/87. o OPTS IS PROPOSING NEW MEASURES (FY 1988) FOR ASBESTOS (AHERA AND ASHAA) AND IS IN THE PROCESS OF DISCUSSING THE MEASURES AND TARGETS WITH THE REGIONAL OFFICES. 0 OPTS WILL BE REPORTING ON A QUARTERLY BASIS ON BIOTECHNOLOGY REGULATORY AND NON-REGULATORY ACTIONS. THERE WERE NO ACTIONS TAKEN DURING THE FIRST QUARTER. -127- ------- PESTICIDE REGISTRATION STANDARDS O AT THE END OF FIRST QUARTER, OPTS REPORTS REGISTRATION STANDARDS HAVE BEEN ISSUED COVERING: 12,102 PESTICIDE PRODUCTS OUT OF A UNIVERSE OF APPROXIMATELY 45,000. 196 PESTICIDE ACTIVE INGREDIENTS OUT OF A TOTAL OF 578. -129- ------- ESTABLISHMENT AND IMPLEMENTATION OF REGISTRATION STANDARDS o OPTS HAS REVISED THIS MEASURE TO ASSESS MORE ACCURATELY PROGRESS FROM THE INTERIM REGISTRATION STANDARD (RS) TO THE FINAL REGULATORY STANDARD AND TOLERANCE REASSESSMENT (FRSTR). o STAGE 1 IS REACHED WHEN THE REGISTRATION DIVISION DIRECTOR SIGNS A LETTER TRANSMITTING THE STANDARD TO REGISTRANTS FOR SUPPLYING REQUIRED DATA AND THE DOCUMENT IS READY FOR PRINTING AND MAILING. IT REMAINS THERE UNTIL ALL REGISTRANT RESPONSES HAVE BEEN PROCESSED. FIVE RSs ENTERED STAGE 1 IN THE FIRST QUARTER: PROPANIL, ISOCYANURATES, SUMITHRIN, PHOSPHAMIDON, AND CHLORPROPHAM. FORTY-FIVE RSs ARE IN STAGE 1 AS OF 12/31/87. o STAGE 2 IS REACHED WHEN EITHER COMMITMENTS FOR ALL GENERIC DATA REQUIREMENTS HAVE BEEN MADE AND THERE ARE NO OVERDUE GENERIC DATA REQUIREMENTS, OR ACTION HAS BEEN INITIATED TO REMOVE ALL THE PRODUCTS OR UNSUPPORTED USES OF THE CHEMICAL FROM THE MARKETPLACE. DURING FIRST QUARTER, OPTS EXCEEDED ITS TARGET OF SIX, WITH NINE RSs REACHING STAGE 2. ONE HUNDRED FIVE RSs ARE IN STAGE 2 AS OF 12/31/87. * O STAGE 3 IS REACHED WHEN ALL DATA TO FULFILL GENERIC DATA COMMITMENTS HAVE BEEN SUBMITTED AND REMAINS IN THIS STAGE UNTIL A FRSTR IS COMPLETED. OPTS MISSED ITS FIRST QUARTER TARGET OF FOUR CHEMICALS REACHING STAGE 3 (ZERO REACHED STAGE 3). NINETEEN RSs ARE IN STAGE 3 AS OF 12/31/87. o STAGE 4 IS REACHED WHEN A FINAL REGULATORY POSITION (FRSTR) HAS BEEN ESTABLISHED. OPTS COMPLETED ONE FRSTR (PHOSALONE) DURING FIRST QUARTER (MISSING THE TARGET OF TWO). TO DATE, THERE HAVE BEEN THREE FRSTRS ESTABLISHED: METOLACHLOR, ALLIETTE, AND DU/1C AT/-IMT' ------- ESTABLISHMENT AND IMPLEMENTATION OF REGISTRATION STANDARDS - CUMULATIVE NUMBER OF STANDARDS As Of December 31, 1987 25-r N U M 20 B E R R E G S T A N D A R D S 10-- p-1 STAGES LEGEND ACTUAL 0 TARGET CURRENT STATUS* 120T 'Number of Reg. Standards In each stage as of 12/31/87 -131- ------- PESTICIDE SPECIAL REVIEWS o OPTS COMPLETED TWO PESTICIDE SPECIAL REVIEW DECISIONS AGAINST A FIRST QUARTER TARGET OF FIVE. THE TWO SPECIAL REVIEWS COMPLETED WERE FOR: TYPE OF DECISION ALACHLOR PD 4* CYANAZINE PD 4* PD-4: REFLECTS THE AGENCY'S FINAL DECISION. IT INCORPORATES COMMENTS RECEIVED ON THE PD-2/3 FROM THE FIFRA SCIENTIFIC ADVISORY PANEL, THE DEPARTMENT OF AGRICULTURE AND OTHER PUBLIC RESPONSES, ALONG WITH APPROPRIATE ANALYSIS OF THE COMMENTS. THE PD-4 TYPICALLY CALLS FOR CONTINUED REGISTRATION WITH CERTAIN TERMS AND CONDITIONS OR CANCELLATIONS FOR SOME OR ALL USES OF THE PESTICIDE OR PESTICIDES. A PD-4 IS CONSIDERED COMPLETED WHEN THE FEDERAL REGISTER NOTICE HAS BEEN SIGNED BY THE AA. ------- P-2 PESTICIDE SPECIAL REVIEW ACTIONS CUMULATIVE NUMBER OF ACTIONS COMPLETED As Of December 31, 1987 15-r N U M B 10 0 F A C 0 N S 5-- 0- X X X X X X X X X X X X X X X X QUARTERS ' LEGEND -»- TARGET ACTUAL -133- ------- REVIEW OF STUDIES o IN THE FIRST QUARTER, OPTS COMPLETED 130 REVIEWS, EXCEEDING THE FIRST QUARTER TARGET OF 90 (144% OF THEIR TARGET). ------- P-3 REVIEWS OF STUDIES CUMULATIVE NUMBER OF REVIEWS COMPLETED As Of December 31, 1987 500-r N U M B E 0 F 300-- 200-- X X X x X X X X X X X QUARTERS LEGEND » TAR'GET ACTUAL -135- ------- PESTICIDE REGISTRATION APPLICATIONS o OPTS EXCEEDED THE FIRST QUARTER TARGET FOR FINAL DECISIONS MADE ON REGISTRATION APPLICATIONS IN THREE OF THE FOUR CATEGORIES, ACHIEVING FOR: AMENDED REGISTRATIONS 940 VS 635 (TARGET) NEW USES 23 VS 10 (TARGET) NEW ACTIVE INGREDIENTS 3 VS 2 (TARGET) O OPTS MISSED THE FIRST QUARTER TARGET FOR OLD CHEMICALS BY 23%. OLD CHEMICALS 342 VS 445 (TARGET) O DURING FIRST QUARTER, REGISTRATION BACKLOG INCREASED FROM 2,757 (END OF FY 1987) TO 3,062 (END OF FIRST QUARTER). THE MAJORITY OF THE BACKLOG INCREASE IS FOR AMENDED REGISTRATIONS. o THE OVERALL REGISTRATION BACKLOG FOR FIRST QUARTER DECREASED FOR: NEW USES BY 15% FROM 48 TO 41 NEW ACTIVE INGREDIENTS BY 7% FROM 14 TO 13 o THE BACKLOG INCREASED DURING FIRST QUARTER FOR: OLD CHEMICALS BY 1% FROM 886 TO 892 AMENDED REGISTRATIONS BY 17% FROM 1809 TO 2116 ------- PESTICIDE REGISTRATION APPLICATIONS CUMULATIVE NUMBER OF FINAL DECISIONS As Of December 31, 1987 10QOT 800-- 600- 400- 200- ACTIVE INGREDIENT NEW USES AMENDED REGISTRATION OLD CHEMICALS P-4 LEGEND I ACTUAL 3 TARGET OVERDUE ACTIONS t-uuur 3000 2000 1000 D 8l ^ ,1234 QUARTERS -137- ------- EMERGENCY EXEMPTIONS FOR PESTICIDES O OPTS MADE FINAL DECISIONS ON 24 EMERGENCY EXEMPTION APPLICATIONS AGAINST A FIRST QUARTER TARGET OF 60, ACHIEVING 40% OF TARGET. OF THESE 24 DECISIONS, 23 WERE ISSUED EMERGENCY EXEMPTIONS AND ONE WAS DENIED. PESTICIDE TOLERANCE PETITIONS o OPTS MADE FINAL DECISIONS ON 21 TOLERANCE PETITIONS, 140% OF THE TARGET OF 15. -139- ------- ACTIVITIES RELATED TO REGULATORY INVESTIGATIONS AND RISK MANAGEMENT ACTIONS o OPTS MET THEIR FIRST QUARTER TARGET OF TWO FOR ACTION ON EXISTING CHEMICALS THAT ARE IN FORMAL OPTION/SELECTION PROCESS OR ARE PLANNED FOR TSCA SECTION 6 REGULATION. THE TWO WERE: CHLORINATED SOLVENTS; DRY CLEANING OPTION/SELECTION COMPLETED 12/15/87 ASBESTOS IN SCHOOL (FRM) PUBLISHED 10/30/87 (52FR41826) ------- TESTING ACTIONS (POST-INITIAL INTERAGENCY TESTING COMMITTEE fITCi AND/OR NON-ITCl O THIS MEASURE REFLECTS EXISTING CHEMICAL TESTING ACTIVITY RESULTING FROM THE INTERAGENCY TESTING COMMITTEE (ITC) RECOMMENDATIONS. TARGETS REPRESENT THE SUM OF INITIAL RESPONSES TO THE ITC ON LISTS 19 AND 20 AND ALL OTHER PROMULGATED ITC RESPONSES PLANNED IN FY 1988. o OPTS EXCEEDED THEIR FIRST QUARTER TARGETS FOR INITIAL ITC RESPONSES AND ITC PROMULGATIONS. THEY WERE: INITIAL ITC RESPONSES TRIBUTYL PHOSPHATE (19TH LIST) INITIAL ITC RESPONSES BENZYL BUTYL PHTHAIATE (7TH LIST) AND 1.2 DICHLOROPROPANE (3RD LIST) o DISPOSITION OF ITC CHEMICALS TO DATE: CHEMICALS RECOMMENDED TO DATE* 111 CHEMICALS PENDING DISPOSITION 28 CHEMICALS WITH FINAL DISPOSITION 93 CHEMICALS WITH TESTING UNDERWAY 42 CHEMICALS WITH TESTING COMPLETE 21 CHEMICALS PENDING AND WITH FINAL DISPOSITION TOTAL MORE THAN NUMBER OF CHEMICALS RECOMENDED BECAUSE ITC CATEGORIES OFTEN RESULT IN MORE THAN ONE TESTING ACTION. -141- ------- BIOTECHNOLOGY NOTICES O OPTS WILL REPORT ON A QUARTERLY BASIS BIOTECHNOLOGY PROGRAM ACTIVITIES, INCLUDING REGULATORY AND NON-REGULATORY ACTIONS, TO ADDRESS THOSE BIOTECHNOLOGY SUBSTANCES THAT POSE A THREAT TO PUBLIC HEALTH OR THE ENVIRONMENT. THE END OF YEAR TARGET IS 15 ACTIONS. O OPTS DID NOT RECEIVE ANY BIOTECHNOLOGY NOTICES OR TAKE ANY ACTION ON BIOTECHNOLOGY SUBSTANCES DURING THE FIRST QUARTER. ------- TSCA NEW CHEMICAL REVIEWS CHEMICAL NOTICES: o OPTS RECEIVED 641 VALID NEW CHEMICAL SUBMISSIONS 478 WERE PRE-MANUFACTURE NOTICES (PMNs) 163 WERE VALID EXEMPTION NOTICES OLE., POLYMER EXEMPTIONS, LOW VOLUME EXEMPTIONS, AND TEST MARKET EXEMPTIONS) O 30 NEW CHEMICAL SUBMISSIONS WERE DENIED, WITHDRAWN IN FACE OF REGULATORY ACTION, OR SUBJECTED TO OTHER ACTION TO CONTROL POTENTIAL RISK. -143- ------- TSCA SECTION 8 AND 4 INFORMATION GATHERING RULES o THIS MEASURE REPORTS THE DATA GATHERING AUTHORITIES OF SECTIONS 8 AND 4 OF TSCA. THESE AUTHORITIES ARE USED TO FILL DATA GAPS ON EXISTING CHEMICALS FOR OTHER OFFICES AS WELL AS OPTS. THE MEASURE REFLECTS ACTIVITY TO FILL DATA GAPS ON EXISTING CHEMICALS IN TWO WAYS; THE "QUARTERLY ACTIVITY REPORT" REFLECTS THE TYPE OF DATA RECEIVED, NUMBER OF REPORTS OR STUDIES RECEIVED, CHEMICALS COVERED, AND PRIMARY USERS OF DATA. REPORT WILL BE BASED ON PREVIOUS YEAR RULEMAKING. THE "SUMMARY TO DATE REPORT" REFLECTS THE AMOUNT OF DATA COLLECTED UNDER TSCA SECTIONS 4 AND 8 TO DATE AND NUMBER OF EXISTING CHEMICALS COVERED BY THAT DATA. SUMMARY DATA INCLUDE HISTORICAL AS WELL AS CURRENT QUARTER ACTIVITY. NOTE: THERE ARE NO TARGETS ESTABLISHED FOR THESE REPORTS, HOWEVER, OPTS WILL REPORT ON A QUARTERLY BASIS. ------- 1988 QUARTERLY ACTIVITY REPORT Number of Reports Received/Chemicals Covered* Primary Users 1st Total (eg. Water, Air and Radiation, Solid Waste and Emergency Response, Toxic Substances, other) OTS OTS OSW OSWER ODW CPSC OWRS OTS 112/137 112/137 2/2 78/101 2/3 2/2 78/101 2/3 2/2 2/2 3/4 3/4 2/2 2/2 1/4 22/19 1/4 22/19 Type of Data S8(a) Exposure S8(d) Health & Safety Studies S4 Health & Environ Studies SUMMARY TO DATE REPORT Type of Data S 8(a) S 8(d) S 4 Reports/Chemical to Date/Covered 3.075 / 359 5.500 / 262 650 / 35 *Note: For accounting purposes, categories and mixtures are counted as 1 Chemical ------- ABATEMENT OF HAZARDOUS ASBESTOS MATERIALS (CLOSE OUT SITE EVALUATIONS) (AHERA ASBESTOS HAZARD INSPECTIONS) o OPTS IS IN THE PROCESS OF REVISING THE ASBESTOS MEASURES. THEY ARE CURRENTLY NEGOTIATING REVISED MEASURES AND TARGETS WITH THE REGIONAL OFFICES. IF HEADQUARTERS AND THE REGIONS CONCUR ON THE CHANGES, OPTS WILL REPORT DURING QUARTERS THREE AND FOUR. o OPTS IS PROPOSING: TO FOCUS THEIR CLOSE-OUT SITE EVALUATIONS TO 1985-86 PROJECTS, TO REPORT THE NUMBER OF CONTACTS MADE TO EACH UNFUNDED ASHAA PRIORITY #1 PROJECT, AND TO REPORT THE NUMBER OF COMPLETED INSPECTIONS IN RESPONSE TO AHERA. -147- ------- FIFRA COMPLIANCE MONITORING INSPECTIONS AND COMPLIANCE LEVELS o DURING FISCAL YEAR 1987*, THE STATES COMPLETED 27,747 FIFRA COMPLIANCE INSPECTIONS FOR USE AND RESTRICTED USE PESTICIDE DEALERS, COMPLETING 182% OF THEIR STATE GRANT TARGETS. o THE STATES REPORTED TAKING 5,922 ENFORCEMENT ACTIONS IN FY 1987, REPRESENTING A VIOLATION LEVEL OF 21% FOR "USE" INSPECTIONS. THIS RATE WAS 22% FOR FY 1986. o FOR THE FIRST QUARTER OF FY 1988, REGIONS VII AND VIII, WITH NON- DELEGATED PROGRAMS, COMPLETED A TOTAL OF 44 USE INSPECTIONS, ACHIEVING 164% AND 28% RESPECTIVELY, OF THEIR TARGETS. *STATE DATA IS LAGGED ONE QUARTER. ------- p E R C E N T 0 F C U T M A -' V E Q U A R T E R L Y FIFRA COMPLIANCE MONITORING INSPECTIONS AND COMPLIANCE LEVELS FOR STATE ACTIVITIES As Of September 30, 1987 125-r "USE" INSPECTION LEVELS Compliance Status -125+ TARGET 21% LEGEND VIOLATION WITH ACTION TAKEN 79X D NO ACTION WARRANTED OR COMPLIANCE DETERMINATION PENDING V VI REGIONS 27,747 USE INSPECTIONS CONDUCTED P/E-1 -149- ------- ADDRESSING FIFRA SIGNIFICANT NONCOMPLIANCE IN THE FIRST QUARTER OF FY 1988, THE REGIONS REFERRED 17 SIGNIFICANT USE VIOLATIONS TO STATES FOR INVESTIGATION AND ENFORCEMENT ACTION, COMPARED TO 26 IN THE FIRST QUARTER LAST YEAR. AT THE END OF THE QUARTER, TEN (59%) OF THE 17 HAD BEEN ADDRESSED WITHIN EXPECTED TIMEFRAMES, AND SEVEN (41%) WERE PENDING ACTION WITHIN THE TIMEFRAME. O THE REGIONS IDENTIFIED 18 SIGNIFICANT VIOLATOR CASES FOR EPA ACTION IN THE FIRST QUARTER, COMPARED TO TWO A YEAR AGO. TWELVE (67%) OF THE CASES WERE ADDRESSED AND THREE OF THESE WERE CLOSED BY THE END OF THE QUARTER. SIX (33%) WERE PENDING ENFORCEMENT ACTION. FIFRA ENFORCEMENT ACTION o THE REGIONS ISSUED 34 ADMINISTRATIVE COMPLAINTS IN THE FIRST QUARTER, COMPARED TO 41 A YEAR AGO. ONE CIVIL REFERRAL WAS ISSUED IN THE FIRST QUARTER COMPARED TO NONE A YEAR AGO. THERE WERE NO CRIMINAL REFERRALS. ------- c u M U C L A A S T E I S E R E F E N U M R B R E E R D 0 F ADDRESSING FIFRA SIGNIFICANT NONCOMPUANCE As Of December 31, 1987 REFERRALS TO STATES 20T 15-- 10-- 5-- -t- P/E-3,4 2 3 4 QUARTERS LEGEND NOT ADDRESSED BEYOND TIMEFRAME E3 ADDRESSED BEYOND TIMEFRAME 02 PENDING WITHIN TIMEFRAME D ADDRESSED WITHIN TIMEFRAME EPA CASES AND REFERRALS FROM STATES 20-r VIOLATOR PENDING CASES CASES DETECTED ENFORCEMENT ISSUED CLOSED ACTION -151- ------- TSCA INSPECTIONS AND COMPLIANCE LEVELS O THE REGIONS AND HEADQUARTERS ACCOMPLISHED 92% OF THEIR FIRST QUARTER FY 1988 TARGET FOR TSCA COMPLIANCE INSPECTIONS, CONDUCTING 560 INSPECTIONS VERSUS A TARGET OF 607. THE 17 STATES WITH INSPECTION GRANTS CONDUCTED 332 INSPECTIONS, OR 91% OF THE FIRST QUARTER COMMITMENTS. O THE 892 EPA AND STATE INSPECTIONS DETERMINED THAT: - 30% WERE IN COMPLIANCE. 9% WERE IN VIOLATION. - 61% WERE PENDING A COMPLIANCE DETERMINATION. O OF 350 INSPECTIONS FOR WHICH A COMPLIANCE DETERMINATION WAS MADE BY THE END OF THE QUARTER, 24% WERE IN VIOLATION. A YEAR AGO THIS VIOLATION RATE WAS 47%. ------- TSCA INSPECTIONS AND COMPLIANCE LEVELS As Of December 31, 1987 125T CT7T-- 892 INSPECTIONS CONDUCTED ii m iv v vi vii vin rx x HO 125-1- TARGET Compliance Status T/E-1 LEGEND EPA 0 STATES LEGEND 9% | IN VIOLATION 61% 0 COMPLIANCE DETERMINATION PENDING 30X D IN COMPLIANCE -153- ------- RESPONSE TO TSCA SIGNIFICANT NONCOMPLIANCE O THE REGIONS BEGAN FY 1988 WITH AN INVENTORY OF 694 OPEN TSCA SIGNI- FICANT NONCOMPLIER CASES. BY THE END OF THE FIRST QUARTER, THE REGIONS HAD CLOSED 178 (26%) CASES ON THE INVENTORY. A YEAR AGO THE INVENTORY CONSISTED OF 584 CASES AND THE REGIONS HAD CLOSED 183 (31%) CASES. OF THE FY 1988 INVENTORY, 292 (42%) HAVE BEEN OPEN LESS THAN SIX MONTHS AND 224 (32%) OPEN MORE THAN SIX MONTHS. o THE REGIONS IDENTIFIED 447 NEW SIGNIFICANT VIOLATORS IN THE FIRST QUARTER OF FY 1988, COMPARED TO 413 A YEAR AGO. OF THE 447 NEW CASES; - 281 (63%) WERE PENDING ENFORCEMENT ACTION. 166 (37%) HAD ACTION TAKEN (CASES ISSUED), OF WHICH O 70 (42%) WERE ISSUED IN 180 DAYS OF INSPECTION, AND o 96 (58%) WERE ISSUED BEYOND 180 DAYS OF INSPECTION. o 3 OF THE CASES ISSUED WERE CLOSED BY THE END OF THE QUARTER. TSCA ENFORCEMENT ACTIVITY o IN THE FIRST QUARTER, THE REGIONS ISSUED 173 ADMINISTRATIVE COMPLAINTS, COMPARED TO 194 A YEAR AGO. ONE CIVIL REFERRAL WAS ISSUED DURING THE FIRST QUARTER COMPARED TO THREE A YEAR AGO. THERE WERE TWO CRIMINAL REFERRALS COMPARED TO ONE A YEAR AGO. ------- RESPONSE TO TSCA SIGNIFICANT NONCOMPUANCE As Of December 31, 1987 PROGRESS AGAINST FIXED BASE 700T 600+ U 500f M B R 0 F C A 300+ 200+ 100+ 0 BOY 02 03 T/E-3.4 LEGEND D PRE 88 CLOSED gl OPEN MORE THAN 6 MONTHS f/3 OPEN 6 MONTHS OR LESS PROGRESS AGAINST NEW VIOLATORS 500r VIOLATORS PENDING CASES CASES DETECTED ENFORCEMENT ISSUED CLOSED ACTION LEGEND D CASES ISSUED WITHIN 180 DAYS CASES ISSUED BEYOND 180 DAYS -155- ------- RESPONSE TO TSCA SIGNIFICANT NONCOMPLIANCE IN FEDERAL FACILITIES THE REGIONS HAD A FY 1988 BEGINNING-OF-YEAR INVENTORY OF SIX OPEN TSCA FEDERAL FACILITY SNC CASES, COMPARED TO 26 LAST YEAR. AT THE END OF THE FIRST QUARTER, TWO OF THE CASES WERE CLOSED, TWO WERE OPEN LESS THAN SIX MONTHS, AND TWO WERE OPEN MORE THAN SIX MONTHS. IN THE FIRST QUARTER, THE REGIONS IDENTIFIED FOUR NEW FEDERAL FACILITY SIGNIFICANT VIOLATORS, COMPARED TO 24 A YEAR AGO. OF THE FOUR NEW CASES, TWO HAD ACTION TAKEN WITHIN 180 DAYS OF INSPECTION, ONE HAD ACTION TAKEN BEYOND 180 DAYS OF INSPECTION AND ONE CASE WAS PENDING FOR ENFORCEMENT ACTION. NONE OF THE CASES WERE CLOSED. ------- N U M B E R 0 F A C T I 0 N S RESPONSE TO TSCA SIGNIFICANT NONCOMPUANCE IN FEDERAL FACILITIES As Of December 31, 1987 PROGRESS AGAINST FIXED BASE 10r 2 BOY 02 03 04 T/E-5 LEGEND D PRE 88 CLOSED S OPEN MORE THAN 6 MONTHS 0 OPEN 6 MONTHS OR LESS PROGRESS AGAINST NEW VIOLATORS 10T VIOLATOR PENDING ACTION ACTION DETECTED ENFORCEMENT TAKEN CLOSED ACTION LEGEND D ACTION TAKEN WITHIN 180 DAYS ACTION TAKEN BEYOND 180 DAYS -157- ------- Office of Enforcement and Compliance Monitoring -159- ------- CIVIL ACTION PROCESSING TIME o OECM REVIEWED AND FORWARDED 49 CIVIL REFERRALS TO THE DEPARTMENT OF JUSTICE DURING THE FIRST QUARTER COMPARED TO 50 REFERRALS DURING THE FIRST QUARTER LAST YEAR. o THE AVERAGE REVIEW TIME FOR THE QUARTER WAS 32 DAYS MEETING THE 35 DAY TARGET. WHILE THE TARGET WAS MET, 31 CASES WERE PROCESSED IN 35 DAYS OR LESS AND 18 CASES EXCEEDED THE 35 DAY DEADLINE. o OECM REVIEWED AND COMPLETED THE CHECKLIST FOR 41 DIRECT CIVIL REFERRALS DURING THE FIRST QUARTER. ALL BUT ONE OF THE 41 CASES WAS COMPLETED WITHIN THE TARGETED REVIEW TIME OF 30 DAYS. CIVIL REFERRAL ACTIVITY i1 O THE REGIONS MADE 28 NEW CIVIL REFERRALS TO HEADQUARTERS AND 16 DIRECT REFERRALS TO THE DEPARTMENT OF JUSTICE DURING THE FIRST QUARTER (FOR A TOTAL OF 44). LAST YEAR DURING THE FIRST QUARTER, THERE WAS A TOTAL OF 28 REFERRALS. OF THESE, 17 WERE NEW REFERRALS AND 11 WERE DIRECT REFERRALS. -161- ------- FOLLOW-THROUGH ON ACTIVE CIVIL CASE DOCKET o 673 CIVIL CASES WERE PENDING AT THE DEPARTMENT OF JUSTICE OR FILED IN COURT AS OF 10/1/87, COMPARED TO 644 ON 10/1/86. (89, OR 18%, OF THESE CASES HAD BEEN ONGOING FOR MORE THAN TWO YEARS SINCE BEING FILED.) AS OF THE CLOSE OF THE QUARTER: 42 ( 6%) HAD BEEN CONCLUDED AFTER FILING. - 485 (72%) WERE FILED IN U.S. COURT. 3(1%) HAD BEEN WITHDRAWN/DECLINED BY EPA OR THE DEPARTMENT OF JUSTICE. - 143 (21%) WERE PENDING AT THE DEPARTMENT OF JUSTICE. o 70 NEW CIVIL CASES WERE REFERRED TO THE DEPARTMENT OF JUSTICE DURING THE FIRST QUARTER, COMPARED TO 61 A YEAR AGO. AS OF THE CLOSE OF THE QUARTER FOR THE 39 NEW FIRST QUARTER REFERRALS: 6(9%) HAD BEEN FILED IN U.S. COURT. 64 (91%) WERE PENDING AT THE DEPARTMENT OF JUSTICE. o THE TOTAL NUMBER OF ACTIVE CASES (INCLUDING BOTH FIXED AND DYNAMIC) REMAINING WAS 698. ------- 700r FOLLOW-THROUGH ON ACTIVE CIVIL CASE DOCKET As Of December 31, 1987 CIVIL CASE DOCKET j^f py IQQQ REFERRALS TO DOJ 7Or BOY E/C-4,5 QUARTERS LEGEND E3 CASES CONCLUDED HI CASES FILED IN COURT D CASES WITHDRAWN/DECLINED CASES PENDING AT DOJ U -f- -\ CUMULATIVE PENDING CASES CASES CASES NEW AT DOJ FILED WITHDRAWN CONCLUDED -163- ------- CONSENT DECREE TRACKING o THERE WERE 378 ACTIVE CONSENT DECREES IN THE FIRST QUARTER COMPARED TO 343 A YEAR AGO. o CONSENT DECREE COMPLIANCE FOR THE FIRST QUARTERS OF BOTH FY 1988 AND 1987 WAS 76%. o OF THE 91 (24%) CONSENT DECREES IN VIOLATIONS: - 55 (60%) HAD A CONTEMPT ACTION, A DECREE MODIFICATION REFERRED, OR A STIPULATED PENALTY COLLECTED. - 21 (23%) HAD FORMAL ENFORCEMENT ACTION PLANNED BUT NOT COMMENCED. - 15 (17%) HAD NO FORMAL ENFORCEMENT ACTION PLANNED. ------- CONSENT DECREE TRACKING (EPA DECREES ONLY) As Of December 31, 1987 N U M B E R 0 F D E C R E E S 100-r BO-- 60-- 40-- 20-- V VI REGIONS National Summary 400r N U 350- M B 300- QCf\ 0 F 200- 0 150- E C 100- R | 50- r^^ S 0- 5^^ ^ ^^ %$m | m ^ 1234 QUARTERS IX E/C-1 LEGEND H In compliance with the terms of the decree 0 In violation with formal enforcement action Initiated H In violation with formal enforcement action planned but uncommenced O In violation with no formal enforcement action planned at this time -165- ------- CRIMINAL REFERRAL ACTIVITY o EIGHTEEN NEW CRIMINAL INVESTIGATIONS WERE OPENED DURING THE FIRST QUARTER. THREE INVESTIGATIONS WERE CLOSED PRIOR TO REFERRAL TO THE OFFICE OF CRIMINAL ENFORCEMENT. THERE WERE 126 OPEN INVESTIGATIONS AT THE END OF THE QUARTER (OF THESE, 64 WERE RCRA AND 31 WERE CWA/SDWA). o THE REGIONS REFERRED 10 CASES TO HEADQUARTERS DURING THE FIRST QUARTER, AND HEADQUARTERS REFERRED SEVEN TO THE DEPARTMENT OF JUSTICE. ONE CASE WAS RETURNED, DECLINED OR RECOMMENDED FOR CIVIL OR ADMINISTRATIVE ACTION BY HEADQUARTERS DURING THE FIRST QUARTER. ------- NUMBER OF NEW REFERRALS TO EPA-OCEC DURING THE FIRST QUARTER OF FY 1988 REGION REGION I REGION II REGION III REGION IV REGION V REGION VI RCRA CLEAN AIR CLEAN WATER FIFRA TSCA CERCIA TOTAL 2 REGION REGION REGION REGION NEIC VII 1 VIII 1 IX 1 X 1 1 1 2 1 1 1 1 TOTAL 0 10 -167- ------- FOLLOW-THROUGH ON ACTIVE CRIMINAL CASE DOCKET O 67 CRIMINAL CASES WERE PENDING AT THE DEPARTMENT OF JUSTICE OR FILED IN COURT AS OF 10/1/87. AS OF THE CLOSE OF THE QUARTER: . - 1(2%) HAD BEEN CLOSED WITHOUT PROSECUTION. 3(4%) HAD BEEN CLOSED FOLLOWING PROSECUTION. - 16 (24%) HAD CHARGES FILED. - 27 (40%) WERE UNDER GRAND JURY INVESTIGATION. - 20 (30%) WERE UNDER REVIEW BY THE DEPARTMENT OF JUSTICE. O SEVEN NEW CRIMINAL CASES WERE REFERRED TO THE DEPARTMENT OF JUSTICE DURING THE FIRST QUARTER. AS OF THE CLOSE OF THE QUARTER: 3 (43%) WERE UNDER GRAND JURY INVESTIGATION. 4 (57%) WERE UNDER REVIEW BY THE DEPARTMENT OF JUSTICE. o THE TOTAL NUMBER OF ACTIVE CASES REMAINING WAS 70. ------- 70T FOLLOW-THROUGH ON ACTIVE CRIMINAL CASE DOCKET As Of December 31, 1987 CRIMINAL REFERRALS PENDING BOY 2 QUARTERS STATUS OF NEW FY 1980 REFERRALS BT 6 N U M B E R 0 F C A 2-f S E S 0 -»- +- +- 2 3 QUARTERS CUMULATIVE f OF NEW REFERRALS E/C-7,8 LEGEND CLOSED BY DOJ WITHOUT PROSECUTION CLOSED FOLLOWING PROSECUTION WITH CHARGES FILED UNDER GRAND JURY INVESTIGATION UNDER REVIEW AT DOJ TO DOJ BY OECM -169- ------- Office of Administration and Resources Management -171- ------- PERSONNEL SERVICES OARM PROCESSED A TOTAL OF 2,379 PERSONNEL ACTIONS DURING THE FIRST QUARTER. OF THESE, 2,323 (98%) WERE PROCESSED WITHIN THE PROCESSING TIME STANDARD. INTERNAL ACTIONS 284 OF 315 (90%) WERE PROCESSED WITHIN THE STANDARD REVIEW TIME. OF 31 NOT PROCESSED WITHIN THE STANDARD, OARM REPORTS THAT MOST OF DELAYS (14) WERE DUE TO PROGRAM OFFICES, TEN WERE DUE TO OARM AND SEVEN DUE TO OTHER CAUSES. EXTERNAL RECRUITMENT ACTIONS 124 OF 136 (95%) WERE PROCESSED WITHIN THE STANDARD. OARM REPORTS THAT THE MAJORITY OF THE DELAYS WERE DUE TO OPM. NON-COMPETITIVE ACTIONS 289 OF 302 (96%) WERE PROCESSED WITHIN THE STANDARD. OARM REPORTS THE MAJORITY OF DELAYS WERE DUE TO OARM. ADMINISTRATIVE ACTIONS 607 OF 612 (99%) WERE PROCESSED WITHIN THE STANDARD. AWARDS ALL AWARD ACTIONS WERE PROCESSED WITHIN THE TARGET. ------- PERSONNEL SERVICE STANDARDS NUMBER OF ACTIONS COMPLETED DURING QUARTER As Of December 31, 1987 RECRUITMENT ACTIONS INTERNAL TO EPA 35Qr -4- 1234 QUARTERS RECRUITMENT ACTIONS EXTERNAL TO EPA 250r 200- 150- 10& 50- -t- AD-1B 2 3 QUARTERS LEGEND D OARM DELAYS S3 SECURITY CLEARANCE DELAY 0 0PM DELAYS B3 CUENT PROGRAM OFFICE DELAYS B COMPLETED WITHIN STANDARD SCHEDULE NON-COMPETITIVE ACTIONS 234 QUARTERS -173- ------- PROCUREMENT SERVICE STANDARDS MAJOR NEGOTIATED PROCUREMENTS DURING THE FIRST QUARTER OARM AWARDED 26 NEW COMPETITIVE AND NEW SOLE SOURCE CONTRACTS, OF WHICH 17 (65%) WERE AWARDED WITHIN THE STANDARD OR NEGOTIATED SCHEDULE. NEW COMPETITIVE CONTRACTS FIVE OF THE 13 (38%) WERE AWARDED WITHIN THE STANDARD SCHEDULE. OARM REPORTS THE OTHER DELAYS WERE DUE TO PROGRAM OFFICES AND DCAA. NEW SOLE SOURCE CONTRACTS TWELVE OF THE 13 (92%) WERE AWARDED WITHIN THE STANDARD. OARM REPORTS THE ONE DELAY WAS ATTRIBUTED TO PROGRAM OFFICES. PURCHASE ORDERS 2,107 OF THE 2,517 (84%) COMPETITIVE AND SOLE SOURCE PURCHASE ORDERS AWARDED DURING FIRST QUARTER WERE AWARDED WITHIN THE STANDARD. ------- PROCUREMENT SERVICE STANDARDS NEW CONTRACTS AWARDED DURING QUARTER As Of December 31, 1987 COMPETITIVE SOLE SOURCE lUW 80- N 60- LJ M B E R 40- 20- n Lr LILT 4& N 30- U M B E R 20- 10- m! ^^^^^^^H i i I i A ^ 1 1 1 1 lr 1234 QUARTERS _ ^^^^^^H i i 1 i "^^^^^^^^^1 1 II 1234 QUARTERS AD-1 LEGEND D OARM DELAYS 0 DELAYS EXTERNAL TO OARM COMPLETED WITHIN STANDARD OR NEGOTIATED SCHEDULE -175- ------- GRANTS SERVICE ACTIONS 263 GRANTS SERVICE ACTIONS WERE PROCESSED/AWARDED DURING FIRST QUARTER. OF THESE, 238 (90%) WERE PROCESSED WITHIN THE STANDARD REVIEW TIME. THE PROCESSING RATES BY CATEGORIES WERE: GRANTS AND COOPERATIVE AGREEMENTS 83 OF 100 (83%) WERE PROCESSED WITHIN THE TARGET. INTERAGENCY AGREEMENTS 104 OF 105 (99%) WERE PROCESSED WITHIN THE TARGET. DETERMINATIONS FOR REQUESTS FOR DEVIATION FROM REGULATORY REQUIREMENTS TEN OF 16 (63%) WERE PROCESSED WITHIN THE TARGET. DETERMINATIONS IN SUSPENSION/DEBARMENT CASES 41 OF 42 (98%) WERE PROCESSED WITHIN THE TARGET. ------- GRANTS SERVICE STANDARDS NUMBER OF ACTIONS COMPLETED DURING QUARTER As Of December 31, 1987 GRANT OR COOPERATIVE AGREEMENT AWARDED INTERAGENCY AGREEMENT AWARDED AFTER RECEIPT 1 f.\. N54( U B 36t E R 18£ f 60i N 45- U B 3Q' E R 15- D- j- > > )- ^ £ULT N 150 U g 100 R 50 i ^^^^^ i i i i i rv*iniir\ r\ * ' o » ^ LtuLNLJ u 1 £. hJ T" QUARTERS Q QARM D£LAYS DETERMINATION PREPARED FOR ACTIONS COMPLETED DEVIATION FROM REGULATORY WTHIN TARGET REQUIREMENTS 64j N 48- U I I32 1 1 R 1 6- I I 1234 QUARTERS __,__ 1 I 1 1234 QUARTERS SUSPENSION/DEBARMENT DETERMINATION ISSUED AFTER CASE RECORD COMPLETE ^^^^ 1 1 II 1234 QUARTERS AD-1A -177- ------- HEADQUARTERS RESOURCE UTILIZATION DURING THE FIRST QUARTER THE AGENCY OPERATED UNDER THE RESOURCE RESTRAINTS OF A CONTINUING RESOLUTION. FTE AND TRAVEL USAGE WAS CLOSE TO OPERATING TARGET LEVELS FOR THE FIRST QUARTER. OVERALL UTILIZATION RATES WERE WITHIN TARGET LEVELS AT HEADQUARTERS, - S&E DOLLAR EXPENDITURES WERE AT 61.3%. SUPERFUND USAGE DURING THE FIRST QUARTER WAS AT 44.7% - AC&C DOLLAR USAGE WAS 20.1%. - R&D DOLLAR EXPENDITURES WERE WITHIN THE OPERATING PLAN TARGET AT 28.3%. - THERE WASN'T ANY B&F DOLLAR USAGE IN THE FIRST QUARTER. - LUST DOLLAR EXPENDITURES WERE AT 16.7%. ------- HEADQUARTERS RESOURCE UTILIZATION (FIRST QUARTER = 25.2% OF YEAR*) $196.2 ($ IN MILLIONS) 25.2V. 25.7% 25.3% 26-2°/0 3 24.7% S&E SF S&E SF FTE TRAVEL USE USE $118.4 OP PLAN ACTUALS ?0 £ $2.3 $3.0 J S&E SF AC&C R&D B&F LUST DOLLAR UTILIZATION AS COMPARED TO QUARTERLY PLANS * THIS CHART CONTAINS PHASE III TARGET DATA DURING THE CONTINUING RESOLUTION. ------- REGIONAL RESOURCE UTILIZATION 0 DURING THE FIRST QUARTER THE AGENCY OPERATED UNDER THE RESOURCE RESTRAINTS OF A CONTINUING RESOLUTION. 0 REGIONAL S&E FTE UTILIZATION WAS CONSISTENT WITH HEADQUARTERS IN THE FIRST QUARTER. - SStE TRAVEL AND FTE USE WAS 24.6% AND 25.0% RESPECTIVELY. - SUPERFUND TRAVEL AND FTE USE WAS BELOW THE PLAN OVERALL 22.9% AND 23.9% RESPECTIVELY. 0 REGIONAL DOLLAR UTILIZATION IS SIMILAR TO THAT OF HEADQUARTERS. - S&E DOLLAR UTILIZATION WAS 79.3%. - THE REGIONAL SUPERFUND UTILIZATION RATE WAS 23.8%. - REGIONAL AC&C DOLLAR USAGE WAS 8.1%. - LUST DOLLAR EXPENDITURES WERE AT 7.5% IN THE FIRST QUARTER. ------- REGIONS RESOURCE UTILIZATION (FIRST QUARTER = 25.2% OF YEAR*) $283.8 ($ IN MILLIONS) 25.2% OF --- YEAR 25.0% 23.9% 24.6% 22.9% S&E SF S&E SF FTE TRAVEL USE USE $68.7 te ii ^ li $237. ^^S 3 OP PLAN ^^ ACTUALS $1 $21.2 $0 $0 S&E SF AC&C R&D B&F LUST DOLLAR UTILIZATION AS COMPARED TO QUARTERLY PLANS * THIS CHART CONTAINS PHASE III TARGET DATA DURING THE CONTINUING RESOLUTION. ------- Office of Policy, Planning, and Evaluation -183- ------- OFFICE OF POLICY, PLANNING AND EVALUATION RED BORDER REVIEW DEADLINES o TWENTY-ONE RED BORDER DOCUMENTS WERE RECEIVED FOR REVIEW BY OPPE DURING THE FIRST QUARTER. 100% (21) OF THESE WERE COMPLETED WITHIN THREE-WEEK REVIEW PERIOD. -185- ------- Office of External Affairs -187- ------- FEDERAL FACILITIES INSPECTIONS BY MEDIA THIS IS A NEW MEASURE THAT THE OFFICE OF FEDERAL ACTIVITIES WILL USE TO TRACK INSPECTIONS AND ENFORCEMENT ACTIONS AT FEDERAL FACILITIES. TO ENSURE ACCURATE DATA, THERE WILL BE A LAG TIME OF ONE QUARTER. o DURING THE FOURTH QUARTER, 298 INSPECTIONS WERE CONDUCTED BY VARIOUS AGENCIES: - RCRA PROGRAM HAD 118 INSPECTIONS AND INITIATED 24 ENFORCEMENT ACTIONS. - WATER PROGRAM HAD 74 INSPECTIONS AND INITIATED EIGHT ENFORCEMENT ACTIONS. - AIR PROGRAM HAD 70 INSPECTIONS AND INITIATED TWO ENFORCEMENT ACTIONS. - TSCA PROGRAM HAD 22 INSPECTIONS AND INITIATED SIX ENFORCEMENT ACTIONS. - SDWA PROGRAM HAD 16 INSPECTIONS AND INITIATED TWO ENFORCEMENT ACTIONS. o BY THE END OF THE FIRST QUARTER, THE REGIONS REPORTED 42 ENFORCEMENT ACTIONS. THE DEPARTMENT OF DEFENSE FACILITIES REPRESENT 71% OF THE INSPECTIONS AND 73% OF THE ENFORCEMENT ACTIONS. ------- NUMBER OF INSPECTIONS AT FEDERAL FACILITIES BY MEDIA As Of September 30, 1987 12Q-r 10D-- 80-- 60-- 40-- 20-- RCRA WATER TSCA SDWA OEA-2/5-E -189- ------- FEDERAL FACILITIES WITH POTENTIAL COMPLIANCE PROBLEMS IN A-106 MEDIA PROGRAM PRIORITY AREAS DURING THE FIRST QUARTER THE OFFICE OF EXTERNAL AFFAIRS (OEA)f WORKING WITH THE AIR, WATER AND HAZARDOUS WASTE PROGRAM OFFICES IDENTIFIED 181 FEDERAL FACILITIES WITH POTENTIAL COMPLIANCE PROBLEMS IN THE RESPECTIVE MEDIA PRIORITY AREAS. AIR o NINE FEDERAL FACILITIES HAVE POTENTIAL AIR COMPLIANCE PROBLEMS, - SIX ARE VOC FACILITIES IN OZONE NONATTAINMENT AREAS. - THREE ARE FACILITIES NEEDING TO MEET EXISTING NESHAP REQUIREMENTS. ------- FEDERAL FACILITIES WITH POTENTIAL COMPLIANCE PROBLEMS IN A-106 MEDIA PROGRAM PRIORITY AREAS As Of December 31, 1987 AIR VOC COMPLIANCE IN OZONE NONATTAINMENT AREAS COMPLIANCE WITH ALL EXISTING NESHAPS REQUIREMENTS OEA-1/E,2/E.3/E LEGEND FACILITIES IDENTIFIED £3 FACILITIES ADDRESSED D FACILITIES UNADDRESSED -191- ------- FEDERAL FACILITIES WITH POTENTIAL COMPLIANCE PROBLEMS IN A-106 MEDIA PROGRAM PRIORITY AREAS WATER o THIRTY-FOUR FEDERAL FACILITIES HAVE POTENTIAL WATER COMPLIANCE PROBLEMS. - EIGHT ARE NPDES FEDERAL FACILITIES DISCHARGING TO POTWS. - TEN ARE FEDERAL FACILITIES WITH REQUIREMENTS FOR BIOMONITORING STUDIES AND CONTROLS FOR WATER QUALITY. - SIXTEEN ARE FEDERAL FACILITIES WITH NEW TREATMENT STANDARDS UNDER THE 1986 AMENDMENTS SAFE DRINKING WATER ACT. ------- FEDERAL FACILITIES WITH POTENTIAL COMPLIANCE PROBLEMS IN A-106 MEDIA PROGRAM PRIORITY AREAS As Of September 30, 1987 WATER COMPLIANCE WITH PRETREATMENT STANDARDS FOR FED. FAC. DISCHARGING TO POTWS 10r BIO MONITORING STUDIES AND CONTROLS UNDER SECTION 306 WQA 10B7 10T COMPLIANCE WITH NEW DRINKING WATER TREATMENT STANDARDS UNDER 1986 AMENDMENT SDWA OEA-1/E,2/E.3/EB 234 LEGEND FACILITIES IDENTIFIED E3 FACILITIES ADDRESSED D FACILITIES UNADDRESSED -193- ------- FEDERAL FACILITIES WITH POTENTIAL COMPLIANCE PROBLEMS IN A-106 MEDIA PROGRAM PRIORITY AREAS HAZARDOUS WASTE o ONE HUNDRED AND THIRTY-EIGHT FEDERAL FACILITIES HAVE POTENTIAL HAZARDOUS WASTE COMPLIANCE PROBLEMS. - THIRTY-SEVEN ARE FACILITIES WITH LAND BAN REQUIREMENTS AND MINIMUM TECHNOLOGY REQUIREMENTS. - TWELVE ARE FACILITIES WITH CORRECTIVE ACTION REQUIREMENTS UNDER RCRA AND CERCLA. - TWELVE ARE FACILITIES WITH RCRA PERMIT DEADLINES AND CONDITIONS. ------- FEDERAL FACILITIES WITH POTENTIAL COMPLIANCE PROBLEMS IN A-106 MEDIA PROGRAM PRIORITY AREAS As Of December 31, 1987 HAZARDOUS WASTE COMPLIANCE WITH LAND BAN REGULATIONS AND MINIMUM TECHNOLOGY REQUIREMENTS COMPLIANCE WITH CORRECTIVE ACTION REQUIREMENTS UNDER RCRA AND CERCLA 30- 20- 10- MEETING RCRA PERMIT DEADLINES AND CONDITIONS OEA-1/E,2/E,3/EB 2 3 LEGEND FACILITIES IDENTIFIED 0 FACILITIES ADDRESSED D FACILITIES UNADDRESSED -195- ------- FEDERAL FACILITIES WITH POTENTIAL COMPLIANCE PROBLEMS IN A-106 MEDIA PROGRAM PRIORITY AREAS HAZARDOUS WASTE - CONTINUED TWENTY-SIX ARE FACILITIES WITH APPLICABLE GROUNDWATER MONITORING REQUIREMENTS. FIFTY-ONE ARE FACILITIES WITH CLOSURE/POSTCLOSURE PLANS AND REQUIREMENTS. ------- FEDERAL FACILITIES WITH POTENTIAL COMPLIANCE PROBLEMS IN A-106 MEDIA PROGRAM PRIORITY AREAS As Of December 31, 1987 HAZARDOUS WASTE COMPLIANCE WITH APPLICABLE GROUNDWATER MONITORING REQUIREMENTS 50r CLOSED OR CLOSING UNITS IN COMPLIANCE WITH CLDSURE/POSTCLOSURE PLANS AND REQUIREMENTS 6DT 40-- 20- OEA-1/E.2/E.3/E LEGEND FACILITIES IDENTIFIED 0 FACILITIES ADDRESSED D FACILITIES UNADDRESSED -197- ------- RESPONSE TO SIGNIFICANT FEDERAL FACILITY NONCOMPLIANCE o OAR IDENTIFIED AT THE BEGINNING OF THE YEAR (BOY) 13 FEDERAL FACILI- TIES IN SIGNIFICANT NONCOMPLIANCE (SNC). TWO SNC WERE ADDRESSED IN THE FIRST QUARTER. o OW IDENTIFIED EIGHT FEDERAL FACILITIES ON THE EXCEPTIONS LIST THAT WERE CARRIED OVER FROM THE LAST QUARTER. NONE WERE RETURNED TO COMPLIANCE AND FIVE HAD ENFORCEMENT ACTION INITIATED. THE REMAINING THREE PLUS TWO NEW SIGNIFICANT VIOLATORS ON THE EXCEPTIONS REPORT CONSTITUTE THE PENDING BALANCE OF FIVE FACILITIES. o OPTS IDENTIFIED SIX FEDERAL FACILITIES IN SNC AT THE BOY. DURING THE FIRST QUARTER, TWO CASES WERE CLOSED, TWO CASES WERE OPEN MORE THAN SIX MONTHS AND TWO WERE OPEN SIX MONTHS OR LESS. O OSWER COMPLIANCE SNAPSHOT IN THE FIRST QUARTER SHOWS 42 FEDERAL FACILITIES IN SNC WITH 26 ADDRESSED. ------- RESPONSE TO SIGNIFICANT FEDERAL FACILITY NONCOMPLIANCE As Of December 31, 1987 21T BOY AIR FIXED BASE TARGET BOY 1 LEGEND D ADDRESSED PENDING TSCA FIXED BASE OEA-SNC1 1 23 LEGEND D PRE 88 CLOSED m OPEN MORE THAN 6 MONTHS ffl OPEN 6 MONTHS OR LESS WATER EXCEPTIONS REPORT 10r SNC ENFORCEMENT RETURNED PENDING ACTION TO COMPLIANCE LEGEND D SNC 2 CONSECUTIVE QUARTERS SNC FOR MORE THAN 2 QUARTERS RCRA COMPLIANCE SNAPSHOT LEGEND | SNC/ADDRESS/END OF QUARTER | SNC/UNADDRESSED/END OF QUARTER -199- ------- Office of General Counsel -201- ------- RED BORDER REVIEW DEADLINES o OGC RECEIVED 35 RED BORDER DOCUMENTS FOR REVIEW DURING THE FIRST QUARTER. O OGC COMPLETED: - SIXTEEN, OR 46%, OF THEIR REVIEWS WITHIN THREE WEEKS, COMPARED TO A TARGET OF 80%, AND - FIVE MORE FOR A TOTAL OF 21, OR 60%, WITHIN FOUR WEEKS, COMPARED TO A TARGET OF 100% WITHIN FOUR WEEKS. O FOURTEEN REVIEWS (40%) WERE NOT COMPLETED WITHIN THE FOUR WEEK REVIEW TARGET: TWO OAR, NINE OSWER, ONE OPTS, AND TWO FOR OW. STATE DELEGATION AGREEMENT REVIEW DEADLINE o OGC RECEIVED NO APPLICATIONS FOR EVALUATION DURING THE FIRST QUARTER. ------- 15-r 12 N U M B R 9 0 F R K E 6 V I E W S 34- OGC SUMMARY FOR RED BORDER REVIEW PACKAGES OAR OARM As Of December 31, 1987 Bi *«&M»!»X'K'K«!' 1 1 OSWER OPTS OW PROGRAMS G/C-2 LEGEND E3 INCOMPLETE AFTER 4 WEEKS COMPLETED WITHIN 4 WEEKS D COMPLETED WITHIN 3 WEEKS AGENCY SUMMARY 1 2 3 QUARTERS -?03- ------- |