pf>A D, Strategic Planning and Management System Second Quarter FY 1987 Report 100R87105 Office of Management Systems and Evaluation March 31, 1987 -O HEADQUARTERS LIBRM^.. imip ------- U.S. ENVIRONMENTAL PROTECTION AGENCY Strategic Planning and Management System Second Quarter FY 1987 Report PREFACE This quarterly report reviews Agency progress in meeting its priority program commitments. The report is a major component of the Agency Strategic Planning and Management System (SPMS). SPMS provides a process for the Agency to identify national goals and priorities, issue timely guidance to the field, identify measures of success and track progress against them. Each quarter the Office of Management Systems and Evaluation publishes the report using information provided by Headquarters, regional offices and state agencies. The Office of Compliance Analysis and Program Operations is responsible for the enforcement sections of this report. We gratefully acknowledge the assistance and cooperation of the many people throughout the environmental protection management network who have made timely production of this report possible. ~\ "- ------- TABLE OF CONTENTS OFFICE OFFICE OF AIR AND RADIATION 1 OFFICE OF WATER 33 OFFICE OF SOLID WASTE AND EMERGENCY RESPONSE 99 OFFICE OF PESTICIDES AND TOXIC SUBSTANCES 131 OFFICE OF ENFORCEMENT AND COMPLIANCE MONITORING 167 OFFICE OF ADMINISTRATION AND RESOURCES MANAGEMENT 179 OFFICE OF POLICY, PLANNING AND EVALUATION 191 OFFICE OF EXTERNAL AFFAIRS 195 OFFICE OF GENERAL COUNSEL 205 -111 - ------- Office of Air and Radiation ------- SECOND QUARTER HIGHLIGHTS O SIP PROCESSING RATES FOR THE REGIONS REMAIN HIGH WHILE HEADQUARTER'S SIP BACKLOG GROWS. HQ PROCESSING RATES FOR BOTH NEW AND CARRYOVER SIPS FALL BELOW 50 PERCENT AND THE HQ SIP BACKLOG NOW EXCEEDS 100 SIPS. O THE REGIONS HAVE MET 158 (ABOUT 90%) OF THE TARGET DATES FOR THE STATE SUBMITTAL AND EPA PROCESSING OF HIGH PRIORITY DEFICIENT SIPS. ALTHOUGH PROGRESS IS GOOD, ABOUT 70% OF THE ANNUAL TARGET DATES ARK DUE IN THE LAST TWO QUARTERS. o STATES AND LOCAL AGENCIES SUBMITTED 62 AIR TOXICS MULTI-YEAR DEVELOPMENT PLANS DURING LATE FY 86 AND EARLY FY 87. OAR'AND THE REGIONS STILL NEED TO REACH FINAL AGREEMENT ON THE ADEQUACY OF THESE PLANS AND NEGOTIATE THE DESIRED CHANGES WITH THE STATES. OAR INDICATES THAT THEIR MAJOR FOCUS MAY BE TO OBTAIN ADEQUATE URBAN WORK PLANS. o THE REGIONS COLLECTIVELY EXCEEDED THEIR FIXED BASED SIGNIFICANT VIOLATOR TARGET BY ADDRESSING 195 (153 TARGETED) IN THE SECOND QUARTER. THEY ALSO IDENTIFIED 285 NEW SIGNIFICANT VIOLATORS OF WHICH 50 (17%) HAVE BEEN ADDRESSED. o NSPS AND NESHAP COMPLIANCE RATES FOR FEDERAL FACILITIES HAVE DECLINED DURING FY 1987 FROM 100% AND 81% TO 80% AND 73% RESPECTIVELY. 3 ------- ACTIONS ON HIGH PRIORITY DEFICIENT SIPs o IN THE SECOND QUARTER, 91 OF THE 470 MILESTONES WERE DUE TO BE ACCOMPLISHED BY THE REGIONS AND STATES. - THE REGIONS MET 75 OF THE 91."DUE" TARGET DATES (82%) FOR A CUMULATIVE TOTAL OF 153 OUT OF 175 (87%). - THE REGIONS COMPLETED A TOTAL OF 158 TARGET DATES (90% OF TARGET) BY COMPLETING FIVE WHICH WERE DUE AFTER THE SECOND QUARTER. REGIONS III, IV AND VI MET 100% OF TARGET. o OAR's ANALYSIS OF THE SECOND QUARTER PERFORMANCE CONCLUDED: "TO SUMMARIZE, OF THE 22 TARGETS MISSED BY THE END OF THE SECOND QUARTER, 14 WERE STATE SUBMITTALS DUE IN THE REGIONAL OFFICES, TWO WERE NPR PACKAGES DUE AT OAQPS AND SIX WERE NFR PACKAGES DUE AT OAQPS. SIX OF THE 22 TARGETS WERE DUE AND MISSED IN THE FIRST QUARTER. TWO OF THE SIX REGIONAL OFFICE NFR SUBMITTALS WERE LATE DUE TO HEADQUARTERS DELAY IN NPR PUBLICATION. OAR REPORTS THAT THE MOST DIFFICULT TARGET TO MEET IS THE STATE SUBMITTAL AND THAT ' , THE KIND OF SIP (POLLUTANT) DOES NOT APPEAR TO BE RELATED TO THE NUMBER OF TARGETS MISSED." -4- ------- 500 T 400-- N U M B E 0 0 300 M S T 0 N E S 200 -- 100-- OAR-M ACTIONS ON HIGH PRIORITY DEFICIENT SIPs (NUMBER OF MILESTONES COMPLETED ON MISSING ELEMENTS OF HIGH PRIORITY SIPs) x x X X X X X X X QUARTERS LEGEND P TARGET » ACTUAL -5- ------- PERCENT OF SIP ACTIONS PROCESSED (HQ) o HQ WAS RESPONSIBLE FOR 163 SIP ACTIONS IN THE SECOND QUARTER (UP 5). THE TOTAL INCLUDES 91 NEWLY DUE ACTIONS AND 72 DUE FROM THE PREVIOUS QUARTER(S). o PROCESSING RATES FOR NEWLY DUE ACTIONS (EXCLUDING ACTIONS "ON HOLD" AMI) THOSE RETURNED TO THE REGIONS) WERE 45% AND FOR CARRYOVER ACTIONS WERE 47%. THE RATES ARE BELOW THOSE OF FIRST QUARTER (57% AND 50%) AS WELL AS THOSE OF A YEAR AGO (54% AND 57%). n >P nr; 163 ACTIONS IN THE SYSTEM DURING THE QUARTER, 59 (36%) WERE !Mim,ISHED. FOR ACTIONS NOT PUBLISHED, THE STATUS AT THE END OF THE OUA|!TER WAS: 24 WERE RETURNED TO THE REGIONS (DOWN 4); 70 WERE OVERDUR (UP 13); AND 10 WERE ON POLICY HOLD (UP 7). ALL 10 "ON HOLD" SIP's WERE RELATED TO OZONE. o OVERALL, THE NUMBER OF UNPUBLISHED SIPS INCREASED TO 104 COMPARED TO 88 IN THE FIRST QUARTER AND 98 A YEAR AGO. -6- ------- PERCENT OF SIP ACTIONS PROCESSED ON TIME (HQ) As Of March 31, 1987 IOQ-r-4 OF NEWLY DUE 32 OF CARRYOVER 32 ON HOLD 6X RETURNED TO REGION 15X PUBLISHED 36X UNPUBLISHED 43% STATUS OF SIP ACTIONS FOR HQ (#163) OAR-A10 234 QUARTERS 34 25 LEGEND 1 NEWLY DUE I CARRYOVER BAR GRAPH DATA EXCLUDES "ON HOLD" AND "RETURNED TO REGION" CATAGORIES -7- ------- PERCENT OF SIP ACTIONS PROCESSED (REGIONS) o DURING THE SECOND QUARTER 190 SIP ACTIONS WERE DUE TO BE PROCESSED IN THE REGIONS. THE REGIONS PROCESSED 184 OF THESE ACTIONS ON TIME FOR A RATE OF 97%. o FOR THE HIGHER PRIORITY SIPs (REQUIRED SIP ACTIONS), THE REGIONS PROCESSED 98 OF 102 ACTIONS FOR A 96% RATE. THE REGIONS PROCESSED 86 OF 88 STATE INITIATED ACTIONS (LOWER PRIORITY ACTIONS) FOR A 93% RATE. 54% OF THE SIPs BEING PROCESSED WERE EPA INITIATED. o REGIONS I, III, IV, VI, VIII, IX AND X PROCESSED ALL THEIR SIPs ON TIME. o REGION V CONTINUES TO PROCESS THE MOST ACTIONS (47% OF THE NATIONAL TOTAL FOR THIS QUARTER). o HQ CONTINUES TO RETURN SIP PACKAGES TO THE REGIONS FOR ADDITIONAL WORK. THERE ARE CURRENTLY 24 HQ SIP PACKAGES IN "THE RETURNED TO REGION" CATEGORY (SLIGHTLY DOWN FROM 28 ACTIONS IN FIRST QUARTER.) -8- ------- p E R C E N T PERCENT OF SIP ACTIONS PROCESSED ON TIME (REGIONS) As Of March 31, 1987 100-r 25- II HI IV V VI VII VIII IX REGIONS LEGEND y CURRENT QUARTER D CUMULATIVE TOTAL CURRENT QUARTER | OF SIP ACTIONS 9 7 10 34 90 IOVERDUE 03002 CUMULATIVE # OF SIP ACTIONS 20 14 23 64 197 f OVERDUE 04107 OAR-A10 11 0 24 Q 9 1 15 2 3 Q 5 0 9 0 32 0 8 0 12 0 190 6 406 14 -9- ------- DELEGATION OF NSPS/NESHAPS NSPS o DURING SECOND QUARTER SIX REGIONS ACCOMPLISHED 55 NSPS DELEGATIONS TO THE STATES OUT OF A TARGET OF 75 (73%). REGIONS I, II, AND IX COMPLETED 100% OF TARGET. A SHORTFALL OF 18 DELEGATIONS WAS DUE TO HEADQUARTERS MISSING ITS DEADLINE FOR THE PROMULGATION OF THREE NSPS'S . NESHAPS o DURING SECOND QUARTER ONLY TWO REGIONS HAD COMMITMENTS FOR NESHAP DELEGATION TO THE STATES. ONLY ONE DELEGATION WAS COMPLETED OUT OF A TARGET OF 11. (REGION II ACCOMPLISHED ONE OUT OF FIVE AND INDICATED THAT THE OTHER FOUR WHICH RELATE TO ASBESTOS DEMOLITION, RENOVATION, INSULATION AND WASTE DISPOSAL WILL NOT BE DELEGATED TO N.Y.D.E.C. BUT WILL BE PROMULGATED BY N.Y-D.O.L. REGION V,, WHICH HAS ARRANGED AUTOMATIC DELEGATION WITH ITS STATES, COMMITTED TO SIX BUT COULD NOT DELEGATE THEM SINCE THE EXPECTED NESHAP WAS NOT PROMULGATED BY HEADQUARTERS ON SCHEDULE). -10- ------- AIR TOXICS MULTI-YEAR DEVELOPMENT PLANS o THE MAJOR FOCUS IN FY 1987 IS ON THE DEVELOPMENT AND SUBMITTAL OF "ADEQUATE" MULTI-YEAR DEVELOPMENT PLANS BY THE STATES AND MAJOR INDEPENDENT LOCAL AGENCIES. OAR HAS A FY 1987 SPMS COMMITMENT FOR 52 "ADEQUATE PLANS." OAR WILL EVALUATE THE PLAN SUBMITTALS FOR ADEQUACY AND THE REGIONS WILL NEGOTIATE WITH THE STATE AND LOCAL AGENCIES WHERE THERE ARE PROBLEMS. o DURING FIRST QUARTER SIXTY-TWO PLANS (INCLUDING 30 PLAN REVISIONS) AND FIVE REQUESTS FOR EXEMPTIONS WERE SUBMITTED TO THE REGIONS. THE REGIONS REPORTED THAT EIGHT PLANS WERE ADEQUATE DURING FIRST QUARTER. DURING SECOND QUARTER THE REGIONS REPORTED THAT 46 PLANS WERE ADEQUATE. THE TARGET FOR SECOND QUARTER IS 23 ADEQUATE PLANS; HOWEVER, OAR STILL HAS NOT COMPLETED ITS INITIAL EVALUATION. HEADQUARTERS, IN CONJUNCTION WITH THE REGIONS, IS TO MAKE MORE DEFINITIVE DETERMINATIONS ON PLAN ADEQUACY DURING THE REMAINDER OF THE FISCAL YEAR. NATIONAL AIR AUDIT SYSTEMS - CORRECTION OF STATE DEFICIENCIES o SCHEDULES - 21 OUT OF THE 30 AUDITS (70%) SCHEDULED FOR COMPLETION DURING FY 1987 HAVE BEEN COMPLETED. OAR REPORTS THAT ALL REGIONS APPEAR TO BE ON SCHEDULE. o DEFICIENCIES - DUE TO LATE FY 1986 AUDITS AND THE SUBSEQUENT DELAYS IN IDENTIFYING "PRIORITY STATE DEFICIENCIES", NO SPMS TARGETS WERE SET FOR THIS ACTIVITY. NINE REGIONS REPORTED THAT THEY WORKED WITH THEIR STATES TO RESOLVE 28 DEFICIENCIES COMPARED TO 17 A YEAR AGO. -11- ------- STATUS OF MOBILE SOURCE PROGRAMS ESTABLISHMENT OF NEW ANTI TAMPERING PROGRAMS o DURING THE SECOND QUARTER, TWO PROGRAMS WERE TARGETED AND INITIATED (REGIONS VI AND IX). TWO ADDITIONAL PROGRAMS WERE INITIATED AHEAD OF SCHEDULE (REGIONS IV AND IX). PROGRAMS WERE INITIATED IN RALEIGH, OKLAHOMA CITY, PHOENIX AND TUCSON. I/M OPERATING PROGRAM PROBLEMS REMEDIED o THE REGIONS HAVE COMMITTED TO CORRECT 17 I/M OPERATING PROBLEMS FOUND DURING RECENT AUDITS BY THE END OF THE FOURTH QUARTER. THERE WERE NO COMMITMENTS OR COMPLETIONS DURING SECOND QUARTER. COMPLETION OF I/M AUDITS O DURING THE SECOND QUARTER ONE INITIAL AUDIT WAS SCHEDULED AND COMPLETED (REGION VI, TULSA). TWO ADDITIONAL UNSCHEDULED INITIAL AUDITS WKRE COMPLETED (REGION V, MI AND REGION VI, LA). THERE WERE NO FOLLOW-UP AUDITS SCHEDULED BUT FOUR WERE COMPLETED EARLY. (REGION II, NJ; REGION III, DC; REGION V, IN; REGION VI, TX). -13- ------- RADON ACTIVITY RADON DIAGNOSIS AND MITIGATION TRAINING o DURING SECOND QUARTER REPRESENTATIVES FROM 27 STATES ATTENDED THE EPA RADON DIAGNOSIS AND MITIGATION TRAINING COURSE WHICH WAS HELD IN SIX DIFFERENT STATES. THE READING PRONG STATES PLAN TO CONDUCT TRAINING BASED ON THE EPA COURSES. EPA/STATE RADON SURVEY o TWENTY-FIVE STATES HAVE REQUESTED ASSISTANCE IN DESIGNING AND CONDUCT- ING SURVEYS (MISSOURI REQUESTED ASSISTANCE DURING THE SECOND QUARTER) THE RADON ACTION PROGRAM IS PROVIDING RESOURCES TO TEN STATES, WITH RESULTS EXPECTED DURING THE SUMMER. STATE RADON SURVEYS o TWO STATES, ALASKA AND NEW MEXICO, INITIATED SURVEYS INDEPENDENT OF THE KPA/STATE PROGRAM DURING THE SECOND QUARTER. SIX ADDITIONAL STATICS INITIATED PROGRAMS PRIOR TO THIS QUARTER. O PENNSYLVANIA EXPANDED ITS SURVEY TO INCLUDE SELECTED TOWNSHIPS IN LANCASTER AND CHESTER COUNTIES. O PRELIMINARY RESULTS AVAILABLE THIS QUARTER OF THESE NON-EPA/STATE SURVEYS ARE GIVEN BELOW: - IN ILLINOIS, PRELIMINARY RESULTS OF 1800 HOMES IN 25 COUNTIES FOUND THAT 50% OF THE BASEMENT MEASUREMENTS ARE BELOW 4 PCI/1,- 50% ARE BETWEEN 4 AND 20 PCI/1. - IDAHO'S SURVEY OF 1000 HOMES SHOWS 10% OF THE HOMES EXCEED 20 PCI/1. - NEW MEXICO RECENTLY SURVEYED 200 HOMES IN THE NORTHERN PART OF THE STATE: OVER ONE QUARTER OF THE HOMES EXCEED 4 PCI/1. -14- ------- RADON ACTIVITY LOCAL AND REGIONAL GOVERNMENTS, ACADEMIC INSTITUTIONS AND PRIVATE NON-PROFIT ORGANIZATIONS CONTINUE TO INITIATE SURVEYS TO IDENTIFY INDOOR RADON PROBLEMS. RESULTS OF RECENT SURVEY FINDINGS ARE PROVIDED BELOW: o THE HEALTH DEPARTMENT OF MARION COUNTY, INDIANA SURVEYED 250 HOMES; 60 PERCENT WERE LESS THAN 4 PCI/1; 20 PERCENT FELL BETWEEN 4 AND 20 PCI/1; 15 PERCENT FELL BETWEEN 10 AND 20 PCI/1; AND 5 PERCENT EXCEEDED 20 PCI/1. o A PRIVATE SURVEY OF 147 HOMES IN CLEVELAND, OHIO FOUND 27 PERCENT OF THE HOMES EXCEED 4 PCI/1, AND 10 PERCENT EXCEED 8 PCI/1. o A SURVEY OF BASEMENTS OF 111 HOMES IN HELLENA VALLEY, MONTANA INDICATE THAT 90 PERCENT EXCEED 4 PCI/1; 14 PERCENT EXCEED 20 PCI/1; 6 PERCENT EXCEED 40 PCI/1. o OTHER LOCAL SURVEYS ARE UNDERWAY IN MAINE, MASSACHUSETTS, VIRGINIA, NEW JERSEY, AND CALIFORNIA. PRIVATE SECTOR CAPABILITY O ONE HUNDRED SEVENTY-FIVE MEASUREMENT FIRMS WITH 215 METHODS SUCCESSFULLY PARTICIPATED IN THE RMP PROGRAM TO EVALUATE MEASURING DEVICES AND TECHNIQUES. o APPLICATIONS HAVE BEEN RECEIVED FOR ROUND FOUR AND RESULTS ARE EXPECTED IN AUGUST IF RESOURCES ARE ADDED TO THE PROGRAM. o THE RMP HAS BEEN SCALED BACK TO SEMI-ANNUALLY. THERE IS AN INCREASING DEMAND ON THE RMP SINCE THERE IS AN INCREASING TREND OF STATES REQUIRING CERTIFICATION. -15- ------- AIR COMPLIANCE INSPECTIONS AND COMPLIANCE LEVELS o THE REGIONS GENERALLY MET OR EXCEEDED THEIR INSPECTION TARGETS DURING THE FIRST QUARTER WITH A PEW EXCEPTIONS. - REGION I MISSED ALL THREE TARGETS BY 50% OR MORE. - REGIONS II, III AND VII MISSED OVER 20% OF THEIR TARGET NESHAP SOURCES. o COMPLIANCE RATES FOR CLASS Al SIP AND NSPS REMAINED STEADY AT 90% AND 91%, RESPECTIVELY. COMPLIANCE RATES FOR NESHAP DROPPED SLIGHTLY FROM 87% TO 84%. O THE COMPLIANCE RATE FOR OPERATING CLASS A VOC SOURCES WAS 74% COMPARED TO 75% IN THE FIRST QUARTER. THE COMPLIANCE RATE FOR OPERATING NSPS VOC SOURCES WAS 81% COMPARED TO 83% IN THE FIRST QUARTER. NOTE: INSPECTION DATA IS LAGGED ONE QUARTER. -16- ------- AIR COMPLIANCE INSPECTIONS AND COMPLIANCE LEVELS As Of March 31, 1987 Inspection Levels For Class Al SIP, NSPS, and NESHAP V VI REGIONS VII VIII IX A/ER-1.2 LEGEND CLASS A1 SIP NSPS NESHAP 125+ - TARGET REPORTED COMPLIANCE LEVELS CLASS A1 SIP 90* NSPS 91^ NESHAP 84% -17- ------- PROGRESS IN RETURNING SIGNIFICANT AIR VIOLATORS TO COMPLIANCE \ o THE AIR PROGRAM IDENTIFIED 637 SOURCES AS BEING SIGNIFICANT VIOLATORS AT THE BEGINNING OF THE FISCAL YEAR INCLUDING 160 SOURCES WITH PEND- ING ENFORCEMENT ACTIONS. OF THE 477 REMAINING, 324 HAVE BEEN TARGETED BY THE REGIONS TO BE ADDRESSED [N FY 1987. O AT THE END OF THE SECOND QUARTER, THE REGIONS HAD ADDRESSED 195 AGAINST A TARGET OF 153 FOR 127% OF TARGET. OF THE 637 SIGNIFICANT VIOLATORS: - 145 (23%) RETURNED TO COMPLIANCE; 61 (9%) WERE ON COMPLIANCE SCHEDULES; 150 (24%) HAD ENFORCEMENT ACTION INITIATED; AND, - 282 (44%) WERE PENDING. O THE REGIONS IDENTIFIED 149 NEW SIGNIFICANT VIOLATORS DURING THE SECOND QUARTER BRINGING THE TOTAL FOR THE YEAR TO 285. BY THE END OF THE SECOND QUARTER OF FY 1986, 224 HAD BEEN IDENTIFIED. O OF THE 285 NEW SIGNIFICANT VIOLATORS IDENTIFIED, 33 RETURNED TO COMPLIANCE AND 17 WERE PLACED ON ACCEPTABLE SCHEDULES. -18- ------- PROGRESS IN RETURNING SIGNIFICANT AIR VIOLATORS TO COMPLIANCE As Of March 31, 1987 REDUCTION OF FIXED BASE PENDING AS OF OCTOBER 31, 1988 700-r BOY N U M B E R - - - -TARGET 300-r 250-- 2DO-- 150-- 1QQ-- 50-- A/ER-5,6 QUARTERS LEGEND PENDING 0 ENFORCEMENT ACTION ffl ON ACCEPTABLE SCHEDULES Q IN COMPLIANCE RESPONSE TO NEW VIOLATIONS (DYNAMIC BASE) TOTAL RETURNED ON NEW TO SCHEDULE COMPLIANCE PENOlUr, -19- ------- AIR ENFORCEMENT ACTIVITY STATE AND EPA ENFORCEMENT INITIATION o THE REGIONS REPORTED 48 SECT[ON 113 ORDERS AND TWO SECTION 120 NOTICES OF NONCOMPLIANCE ISSUED BY THE END OF THE SECOND QUARTER. IN THE SECOND QUARTER FY 1986, 45 SECTION 113 ORDERS WERE REPORTED AND TWO SECTION 120 ORDERS. STATES REPORTED 251 ADMINISTRATIVE ACTIONS IN THE SECOND QUARTER FOR A CUMULATIVE TOTAL OF 544. STATE JUDICIAL REFERRALS TOTALED 97 FOR A CUMULATIVE TOTAL OF 213. o EPA REFERRED 17 CIVIL CASES DURING THE SECOND QUARTER, COMPARED TO 30 IN THE SECOND QUARTER OF FY 1986. ONE EPA CRIMINAL ACTION WAS REFERRED THIS QUARTER. EPA CIVIL CASE CONCLUSIONS o AT THE BEGINNING OF THE YEAR, 197 CASES WERE PENDING REVIEW AT EPA HEADQUARTERS AND/OR DOJ OR WERE FILED IN COURT. BY THE END OF THE SECOND QUARTER 28 CASES HAD BEEN CONCLUDED (WITH PENALTY) AND FIVE HAD BEEN CONCLUDED (WITHOUT PENALTY). THE REMAINING 164 ACTIVE CASES PLUS 28 NEW REGIONAL CASES REFERRED THROUGH THE SECOND QUARTER COMPRISE A PENDING DOCKET OF 192 CASES. NOTE: STATE DATA IS LAGGED ONE QUARTER, -20- ------- AIR ENFORCEMENT ACTIVITY As Of March 31, 1987 STATE AND EPA ENFORCEMENT INITIATION ADMINISTRATIVE ORDERS 500- 400- N U ^300- E R 200- 100- 0- . . 1 , 2 L, , 3 4 QUARTERS STATE AND EPA ENFORCEMENT INITIATION CIVIL REFERRALS EPA CIVIL CONCLUSIONS 200 250T 200- N 150 U M B E R 100 50 LEGEND H STATE EPA 2 3 QUARTERS 150 N U M B E R 100- 50 BOY ACTIVE CONCLUDMONCUJDifP CASE DOCKEF WITH Wmi-lUl PEr-l.li D NEW REFERRALS FROM lsL'iili.f; PENDING FROM BOY -21- ------- AIR - FEDERAL FACILITY COMPLIANCE D Till: COMPLIANCE RATE FOR CLASS A SIP FEDERAL FACILITIES CONTINUES TO DKCIJNK SLIGHTLY FROM 91% IN THE FIRST QUARTER FY 1986 TO 89% IN THK FIRST QUARTER FY 1987 TO 873 IN THE SECOND QUARTER FY 1987. o Plli; NSPS AND NESHAP COMPLIANCE RATES FOR FEDERAL FACILITIES DECLINED PROM 100% AND 81% TO 80% AND 73%, RESPECTIVELY. o THE REGIONS IDENTIFIED 16 FEDERAL FACILITIES AS SIGNIFICANT VIOLATORS AT THE BOY. FOUR OF THESE WERE ADDRESSED THROUGH THE SECOND QUARTER. TWO RETURNED TO COMPLIANCE, ONE WAS PLACED ON AN ACCEPTABLE SCHEDULE AND ONE IS PENDING FEDERAL OR STATE ENFORCEMENT ACTION. o THREE NEW FEDERAL FACILITY SIGNIFICANT VIOLATORS WERE IDENTIFIED N DURING THE FIRST QUARTER FOR A TOTAL OF SEVEN THROUGH THF, SECOND QUARTER FY 1987. -22- ------- 10DT AIR - FEDERAL FACILITY COMPLIANCE As Of March 31, 1987 COMPLIANCE RATES A/ER-1.5 2 3 QUARTERS LEGEND CLASS A1 SIP NSPS NESHAP SIGNIFICANT VIOLATORS BOY 1 23 QUARTERS LEGEND I ADDRESSED PENDING -23- ------- ASBESTOS DEMOLITION AND RENOVATION ACTIVITY o IN THE SECOND QUARTER FY 1987, EPA RECEIVED 3,519 NOTIFICATIONS OF ASBESTOS DEMOLITION. DURING THE FIRST QUARTER FY 1987, THE STATE PROGRAMS RECEIVED 6,112 NOTIFICATIONS OF ASBESTOS DEMOLITION. o THE REGIONS CONDUCTED 97 INSPECTIONS DURING THE SECOND QUARTER AND 308 VIOLATIONS WERE IDENTIFIED THROUGH INSPECTIONS OR SELF-REPORTING. THE STATES CONDUCTED 3,774 INSPECTIONS AND DISCOVERED 198 VIOLATIONS. o EPA ISSUED 16 ADMINISTRATIVE ORDERS AND REFERRED THREE CIVIL ACTIONS AND THE STATES INITIATED 25 ADMINISTRATIVE ACTIONS AND FIVE REFERRALS, NOTE: STATE DATA IS LAGGED ONE QUARTER. -24- ------- ASBESTOS DEMOLITION AND RENOVATION ACTIVITY As Of March 31, 1987 7000-r NUMBER OF NOHFI CATIONS NUMBER OF INSPECTIONS LEGEND NUMBER OF VIOLATIONS A/ER-7 EPA STATES (As Of January 31, 19B7) -25- ------- AIR - MOBILE SOURCE COMPLIANCE INSPECTIONS AND COMPLIANCE LEVELS o IN RESPONSE TO COMPLAINTS, 159 DIRECTED INSPECTIONS WERE CONDUCTED DURING THE SECOND QUARTER COMPARED TO 185 IN THE FIRST QUARTER. EPA PERSONNEL CONDUCTED 97, EPA CONTRACTORS 37, AND STATE AND LOCAL PROGRAMS 25 COMPARED TO 74, 40, AND 71, RESPECTIVELY, IN THE FIRST QUARTER. o THERE WERE 4,700 UNDIRECTED INSPECTIONS CONDUCTED DURING THE FIRST QUARTER COMPARED TO 4,550 IN THE SECOND QUARTER. EPA CONTRACTORS CONDUCTED 2,400 AND STATE AND LOCAL PROGRAMS 2,300 COMPARED TO 2,400 AND 2,150 IN THE FIRST QUARTER. o OUT OF THE 4,700 UNDIRECTED INSPECTIONS, 55 VIOLATIONS WERE FOUND, FOR A VIOLATION RATE OF 1%. OUT OF THE 159 DIRECTED INSPECTIONS, 44 VIOLATIONS WERE FOUND FOR A VIOLATION RATE OF 28%. -26- ------- MOBILE SOURCES AIR COMPLIANCE INSPECTIONS AND COMPLIANCE LEVELS As Of March 31, 1987 INSPECTIONS 250QT COMPLIANCE STATUS OF UN-DIRECTED INSPECTIONS Y/////////A CONTRACTOR CONDUCTED A/MS-1 FOSD CONDUCTED LEGEND NON-DIRECTED £3 DIRECTED STATE AND LOCAL CONDUCTED LEGEND D IN COMPLIANCE IN VIOLATION -27- ------- AIR - MOBILE SOURCE ENFORCEMENT ACTIVITY o AT THE BEGINNING OF THE SECOND QUARTER, THE PROGRAM HAD 490 ACTIVE NOTICES OF VIOLATION (NOV) CASES, 185 OF WHICH WERE ISSUED THIS YEAR. DURING THE SECOND QUARTER, 63 CASES HAD BEEN SETTLED. ALL 63 SETTLEMENTS ACHIEVED DURING THE QUARTER INCLUDED CIVIL PENALTIES TOTALING $119,860. FORTY-THREE INCLUDED PROVISIONS FOR EXPENDITURES TOTALING AN ADDITIONAL $42,906 TO SUPPORT PUBLIC SERVICES AND/OR INFORMATION TO REDUCE MOTOR VEHICLE POLLUTION. o THE PROGRAM INITIATED 101 NEW NOTICES OF VIOLATION CASES IN THE SECOND QUARTER PROPOSING PENALTIES OF $2,603,510. O IN THE SECOND QUARTER, EPA REFERRED SEVEN CIVIL CASES TO DOJ FOR FILING FOR A TOTAL OF 13. NOTE: OF THE 101 NEW NOVs ISSUED DURING THE QUARTER, 58 WERE "SHORT-FORM" NOZZLE VIOLATIONS WITH A NON-NEGOTIABLE $200 PENALTY. -28- ------- MOBILE SOURCE ENFORCEMENT ACTIVITY As Of March 31, 1987 500-r- 400-- 300-- 200 10Q-- NUMBER OF ADMINISTRATIVE CASES ACTIVE AS OF 3/31/87 SETTLEMENTS INVOLVING ONLY CIVIL PENALTIES SETTLEMENTS INVOLVING CIVIL PENALTIES AND OTHER EXPENDITURES PENDING DOCKET A/MS-3.5 NEW CASES INITIATED DURING QUARTER -29- ------- AIR - MOBILE SOURCE LEAD PHASEDOWN ACTIVITY o IN RESPONSE TO COMPLAINTS AND DISCREPANCIES REPORTED TO FIELD OPERA- TIONS AND SUPPORT DIVISION (FOSD) AND OTHER AGENCIES REQUIRING REPORTING, SUCH AS THE DEPARTMENT OF ENERGY AND CUSTOMS, 11 REFINERY AUDITS WERE CONDUCTED. OUT OF THE 11 REFINERY AUDITS, NINE VIOLATIONS WERE FOUND FOR A VIOLATION RATE OF 82%. o THERE WERE 570 REFINERS AND 71 IMPORTERS SUBMITTING LEAD PHASEDOWN REPORTS DURING THE QUARTER. OF THOSE 641 SELF-REPORTERS, TWO REFINERS HAD ACTIONABLE ENFORCEMENT VIOLATIONS FOR A COMPLIANCE RATE OF 99.7%. NOTE: A/MS-2 IS FOR THE FIRST QUARTER OF FISCAL YEAR 1987. -30- ------- MOBILE SOURCE SELF-REPORTING LEAD PHASEDOWN VIOLATIONS As Of March 31, 1987 600-r 500- 400- N U M B E R 300- 2DO-- 100-- A/MS-2 NUMBER OF REFINERS AND IMPORTERS REPORTING -f- 2 3 QUARTER N U M B E R NUMBER OF IMPORTERS AND REFINERS WITH ACTIONABLE ENFORCEMENT VIOLATIONS 10-r a-- 7 6-- 1. LEGEND REFINERS D IMPORTERS QUARTER -31- ------- Office of Water -33- ------- OFFICE OF WATER SECOND QUARTER HIGHLIGHTS THE SECOND QUARTER CONTINUES TO SHOW GOOD PERFORMANCE AGAINST TARGETS, SEVEN OF THE MEASURES ARE AHEAD OF TARGETS. SEVERAL OF THE MEASURES SHOW THAT END OF YEAR TARGETS HAVE BEEN REACHED. -35- ------- STATE WATER QUALITY STANDARDS NUMERICAL CRITERIA o THIRTEEN STATES, IN SEVEN REGIONS, ARE SCHEDULED TO INCORPORATE NEW OR RKVISED NUMERICAL CRITERIA FOR TOXIC POLLUTANTS INTO EPA-APPROVED STATE WATER QUALITY STANDARDS (WQS) BY THE END OF THE YEAR. NATIONALLY, SIX STATES INCORPORATED NUMERICAL CRITERIA INTO STANDARDS FOR 300% OF THE SECOND QUARTER TARGET. REGION X, THE ONLY REGION WITH STATES SCHEDULED TO INCORPORATE CRITERIA, MET ITS TARGET OF TWO. NARRATIVE CRITERIA o SIX STATES, IN FIVE REGIONS, ARE SCHEDULED TO INCORPORATE NEW OR REVISED NARRATIVE CRITERIA FOR TOXIC POLLUTANTS INTO EPA-APPROVED STATE WQS BY THE END OF THE YEAR. NONE WERE SCHEDULED TO INCORPORATE STANDARDS DURING THE FIRST HALF OF THE YEAR. -36- ------- 15r 12-- N U M B E R 0 F S T A T E S STATE WATER QUALITY STANDARDS As Of March 31, 1987 NUMERIC QUARTERS 6-r 5-- 4-- 2 LEGEND -*- IARGET -*- ACTUAL NARRATIVE QUARTERS WQ-29 -37- ------- WATER QUALITY BASED CONTROLS FOR TOXIC AND NONTOXIC POLLUTANTS o THE REGIONS ARE SCHEDULED TO APPROVE WATER QUALITY BASED CONTROLS FOR TOXIC AND NONTOXIC POLLUTANTS FOR 436 WATER BODIES BY THE END OF THE YEAR. BY THE END OF THE THIRD QUARTER, THE REGIONS WILL IDENTIFY THE UNIVERSE OF WATERBODIES THAT ARE WATER QUALITY LIMITED FOR TOXICS AND/OR NONTOXICS AND STILL MEED WATER QUALITY BASED CONTROLS. o DURING THE SECOND QUARTER, ALL SEVEN REGIONS SCHEDULED TO APPROVE WATER QUALITY CONTROLS MET OR EXCEEDED THEIR TARGETS. THE REGIONS APPROVED WATER QUALITY BASED CONTROLS FOR 201 WATER BODIES KNOWN TO BE WATER QUALITY LIMITED, ACHIEVING 182% OF THE NATIONAL TARGET. ------- EPA-APPROVED WATER QUALITY BASED CONTROLS FOR TOXIC AND NONTOXIC POLLUTANTS As Of March 31, 1987 450-r WQ-33 QUARTERS LEGEND * TARGET -* ACTUAL -39- ------- INDUSTRIAL NPDES REPERMITTING BY EPA o NATIONALLY, EPA HAS REISSUED 40 PEWITS, ACHIEVING 80% OF ITS SECOND QUARTER TARGET. - REGIONS II, III, IV, VI, IX AND X MET OR EXCEEDED THEIR TARGETS. - REGIONS I (6/3), AND VIII (8/0) MISSED THEIR TARGETS BY 50% OR MORE. INDUSTRIAL NPDES REPERMITTING BY THE DELEGATED STATES o MA'!M')iiALLY, I'HE STATES HAVE REISSUED 135 PERMITS, ACHIEVING 84% OF THEtR SECOND QUARTER TARGET. - THE STATES IN REGIONS III, IV AND VII MET OR EXCEEDED THEIR REGIONAL TARGETS. - THE STATES IN REGIONS I, II, V, VIII, IX AND X MISSED THEIR REGIONAL TARGETS. -40- ------- 140r INDUSTRIAL NPDES REPERMITTING As Of March 31, 1987 EPA QUARTERS NUMBER WHICH HAVE EXPIRED OR WILL EXPIRE BY: EOY 86 EOY 87 90 149 LEGEND STATES QUARTERS 234 522 WQ-1.2.3,4 -41- ------- MUNICIPAL NPDES REPERMITTING BY EPA o NATIONALLY, EPA HAS REISSUED 60 PERMITS, ACHIEVING 123% OF ITS SECOND QUARTER TARGET. WITH THE EXCEPTION OF REGIONS I (17/13) AND VIII (8/4), ALL REGIONS MET OR EXCEEDED THEIR TARGETS. MUNICIPAL NPDES REPERMITTING BY THE DELEGATED STATES o 'NATIONALLY, THE STATES HAVE REISSUED 166 PERMITS, ACHIEVING 93% OF THKER SECOND QUARTER TARGET. o THE TARGET FOR THE END OF YEAR LEAVES A BALANCE OF 423 FOR THE LAST TWO QUARTERS. -42- ------- MUNICIPAL NPDES REPERMITTING As Of March 31, 1987 EPA 15Ch- QUARTERS NUMBER WHICH HAVE EXPIRED OF WILL EXPIRE BY: EOY 86 77 WQ-5.6.7.8 EOY 87 176 600-r 5DO-- 4QQ-- 300- 200-- 1QO-- LEGEND * IARGET «- ACTUAL STATES QUARTERS 238 648 -43- ------- NPDES ENVIRONMENTALLY SIGNIFICANT MINOR REPERMITTING BY EPA o OW HAS COMMITTED TO REISSUING 694 ENVIRONMENTALLY SIGNIFICANT MINOR PERMITS BY THE END OF FY 1987. o NATIONALLY, EPA HAS REISSUED 377 PERMITS, ACHIEVING 191% OF ITS SECOND QUARTER TARGET. ALL REGIONS MET OR EXCEEDED THEIR TARGETS. NPDES ENVIRONMENTALLY SIGNIFICANT MINOR REPERMITTING BY THE DELEGATED STATES o THE DELEGATED STATES COMMITTED TO REISSUING 1,959 ENVIRONMENTALLY SIGNIFICANT MINOR PERMITS BY THE END OF FY 1987. o NATIONALLY, THE STATES HAVE REISSUED 1,076 PERMITS, ACHIEVING 136% OF THEIR SECOND QUARTER TARGET. - THE STATES IN REGIONS I, IV, V, VI, VII, VIII, AND IX MET OR EXCEEDED THEIR REGIONAL TARGETS. - THE STATES IN REGIONS II AND III MISSED THEIR REGIONAL TARGETS. -44- ------- 700-r NPDES SIGNIFICANT MINOR PERMITS As Of March 31, 1987 EPA 2QDDT 1500-- 1000-- 500- LEGEND ACTUAL STATES 1 2 QUARTERS WQ-13 -45- ------- INDUSTRIAL NPDES PERMITS REVISED BY EPA o NATIONALLY, EPA HAS REVISED 29 PERMITS, ACHIEVING 193% OF ITS SECOND QUARTER TARGET. ALL REGIONS SCHEDULED TO MAKE REVISIONS (II, IV, VI AND X) MET OR EXCEEDED THEIR TARGETS. INDUSTRIAL NPDES PERMITS REVISED BY THE DELEGATED STATES o NATIONALLY, THE STATES REVISED 83 PERMITS, ACHIEVING 332% OF THEIR SECOND QUARTER TARGET. WITH THE EXCEPTION OF THE STATES IN REGION III, ALL REGIONS WITH STATES SCHEDULED TO MAKE REVISIONS MET OR EXCKKDKD THEIR TARGETS. (II, III, V AND IX) -46- ------- INDUSTRIAL NPDES PERMIT REVISIONS As Of March 31, 1987 EPA 1 LJU- N 12Q- U M B R R V 9°- I o s F | p N 60- E S R M I T 30- .__- _* r"""" / / / / / / / / / / / / / *' j*~ ~~ ^ s^~- '**"""" *^ 1 1 1 1 " 1 1 - I --1 123^ STATES QUARTERS NUMBER PLANNED IN FY 1987 274 LEGEND QUARTERS -* ACTUAL 71 WQ-9.10 -47- ------- MUNICIPAL NPDES PERMITS REVISED BY EPA o NATIONALLY, EPA REVISED 31 PERMITS, ACHIEVING 172% OF ITS SECOND QUARTER TARGET. OF THE FOUR REGIONS SCHEDULED TO MAKE REVISIONS; - REGIONS IV AND VI EXCEEDED THEIR TARGETS. - REGIONS VIII AND X MISSED THEIR TARGETS. MUNICIPAL NPDES PERMITS REVISED BY THE DELEGATED STATES o NATIONALLY, THE STATES REVISED 93 PERMITS, ACHIEVING 300% OF THEIR SECOND QUARTER TARGET. OF THE FOUR REGIONS WITH STATES SCHEDULED TO MAKE REVISIONS: - THE STATES IN REGION II AND V EXCEEDED THEIR REGIONAL TARGETS. - THE STATES IN REGIONS III AND VIII MISSED THEIR REGIONAL TARGETS. -4R- ------- MUNICIPAL NPDES PERMIT REVISIONS As Of March 31, 1987 EPA 35-r STATES 10Dr 80- LEGEND TARGET * ACTUAL 1 2 QUARTERS NUMBER PUNNED IN FY 1987 34 WO-11.12 69 -49- ------- RESOLVING EVIDENTIARY HEARING REQUESTS o AT THE START OF FY 1987, 160 EVIDENTIARY HEARING REQUESTS WERE PENDING. BY THE END OF THE YEAR, EPA PLANS TO RESOLVE 25 OF 45 AND THE DELEGATED STATES PLAN TO RESOLVE 52 OF 115. EPA o NATIONALLY, EPA HAS RESOLVED 23 HEARING REQUESTS, ACHIEVING 383% OF ITS SECOND QUARTER TARGET. - REGIONS IV AND VI MET OR EXCEEDED THEIR TARGETS. - REGION X MISSED ITS TARGET. REGIONS I, II AND IX ALSO RESOLVED SOME HEARING REQUESTS. DELEGATED STATES o THE DELEGATED STATES HAVE RESOLVED 19 EVIDENTIARY HEARING REQUESTS, ACHIEVING 225% OF THEIR SECOND QUARTER TARGET. - REGION III AND V STATES MET OR EXCEEDED THEIR TARGETS. - REGION III STATES MISSED THEIR TARGETS. - REGION IV AND VI STATES ALSO RESOLVED SOME HEARING REQUESTS. -51- ------- NPDES COMPLIANCE STATUS o NINETY-TWO PERCENT OF THE 3,688 MAJOR INDUSTRIAL FACILITIES HAVE COMPLETED THE CONSTRUCTION NEEDED TO ACHIEVE FINAL EFFLUENT LIMITS WHILE EIGHT PERCENT NEED ADDITIONAL CONSTRUCTION. ,THE OVERALL COMPLIANCE RATE FOR MAJOR INDUSTRIALS DECREASED TO 93% COMPARED TO 95% LAST QUARTER: - 5% WERE IN SNC WITH FINAL EFFLUENT LIMITS - 2% WERE IN SNC WITH CONSTRUCTION SCHEDULES/INTERIM EFFLUENT LIMITS. REGIONS IV, VI, VIII, EX AND X HAD OVERALL COMPLIANCE RATES OF 93% OR BETTER. O SIXTY-NINE PERCENT OF THE 3,716 MAJOR MUNICIPAL FACILITIES HAVE COMPLETED THE CONSTRUCTION NEEDED TO ACHIEVE FINAL EFFLUENT LIMITS WHILE 31% NEED ADDITIONAL CONSTRUCTION. THE OVERALL COMPLIANCE RATE FOR MAJOR MUNICIPALS DECREASED TO 86% COMPARED TO 88% LAST QUARTER: - 7% WERE IN SNC WITH FINAL EFFLUENT LIMITS - 7% WERE IN SNC WITH CONSTRUCTION SCHEDULES/INTERIM EFFLUENT LIMITS. REGIONS I, IV, V, VII, VIII AND IX HAD OVERALL COMPLIANCE RATES OF 86% OR BETTER. NOTE: DATA REPRESENTS COMPLIANCE STATUS OF FACILITIES NOT IN SIGNIFI- CANT NONCOMPLIANCE AS OF DECEMBER 31, 1986. -52- ------- NPDES COMPLIANCE STATUS As Of March 31, 1987 MAJOR INDUSTRIALS MAJOR MUNICIPALS WQ/E-1.4 LEGEND 5% SNC WITH PEL 7X 2% £) SNC WITH CS/IEL 7% 6X El NOT IN SNC WITH CS/IEL 24X 87% D NOT IN SNC WITH PEL 62X -53- ------- NPDES INSPECTION ACTIVITY o THE REGIONS AND STATES HAVE CONDUCTED 920 PRETREATMENT INSPECTIONS AGAINST A COMBINED TARGET OP 635 FOR 145% OF TARGET. - THE REGIONS HAVE CONDUCTED 355 FOR 239% OF TARGET. - THE STATES HAVE CONDUCTED 565 FOR 116% OF TARGET. o THE REGIONS AND STATES HAVE INSPECTED 3,706 MAJOR FACILITIES AGAINST A COMBINED TARGET OF 2,670 FOR 139% OF TARGET. - THE REGIONS HAVE CONDUCTED 848 FOR 145% OF TARGET. - THE STATES HAVE CONDUCTED 2,858 FOR 137% OF TARGET. -54- ------- NPDES INSPECTION ACTIVITY As Of March 31. 1987 1BOO-r 1500-- 12QO-- 900-- 600- 300-- PRETREATMENT COMPLIANCE 7500T 6000-- 4500 3000-- 1500-- OUARTERS WQE-15&18 LEGEND - TARGET - ACTUAL -55- ------- RESPONDING TO SIGNIFICANT NONCOMPLIANCE EXCEPTIONS REPORT o THE NUMBER OF MAJOR INDUSTRIAL AND MUNICIPAL FACILITIES IN SNC FOR TWO OR MORE CONSECUTIVE QUARTERS WITHOUT BEING ADDRESSED OR RETURNED TO COMPLIANCE REMAINS AT THREE PERCENT OF ALL MAJOR FACILITIES. THERE ARE 84 FACILITIES THAT HAVE BEEN IN SNC FOR A YEAR OR MORE WITHOUT BEING ADDRESSED. THIS IS AN INCREASE OF 15 FROM LAST QUAR- TER AMD REPRESENTS 36% OF THE EXCEPTIONS REPORT. RH-: MAJOR INDUSTRIALS, 88 FACILITIES WERE CARRIED OVER FROM THE LAST QUARTER. TWENTY-FOUR HAVE RETURNED TO COMPLIANCE AND 19 HAVE ENFORCEMENT ACTIONS INITIATED. THE REMAINING 45 PLUS 26 NEW SIGNIFICANT VIOLATORS ON THE EXCEPTIONS REPORT CONSTITUTE THE PENDING BALANCE OF 71. THERE ARE 3,688 MAJOR INDUSTRIALS, TWO PERCENT OF THESE ARE PENDING ON THE EXCEPTIONS LIST, NO CHANGE FROM LAST QUARTER. - FOR MAJOR MUNICIPALS, 169 FACILITIES WERE CARRIED OVER FROM THE LAST QUARTER. FORTY-NINE HAVE RETURNED TO COMPLIANCE AND 31 HAVE t ENFORCEMENT ACTIONS INITIATED. THE REMAINING 89 PLUS 77 NEW SIGNIFICANT VIOLATORS ON THE EXCEPTIONS REPORT CONSTITUTE THE PENDING BALANCE OF 166. THERE ARE 3,676 MAJOR MUNICIPALS, THREE PERCENT OF THESE ARE PENDING ON THE EXCEPTIONS REPORT, DOWN FROM FIVE PERCENT LAST QUARTER. -56- ------- 120-r 1DQ-- N U M B E R 2D-- SNC RESPONSE TO SIGNIFICANT NONCOMPLIANCE EXCEPTIONS REPORT As Of March 31, 1987 MAJOR INDUSTRIALS RETURNED ENFORCEMENT PENDING TO ACTIONS COMPLIANCE 200T 150-- N U M B E R 1DO-- MAJOR MUNICIPALS SNC RETURNED ENFORCEMENT PENDIfK. TO ACTIONS COMPLIANCE WQ/E-7,8,9,10 LEGEND D SNC 2 CONSECUTIVE QUARTERS SNC FOR MORE THAN 2 CONSECUTIVE QUARTERS -57- ------- NPDES ENFORCEMENT ACTIVITY o DURING THE SECOND QUARTER, EPA ISSUED 234 (433 FOR THE YEAR) ADMINISTRATIVE ORDERS (AOs), INCLUDING NINE FOR PRETREATMENT VIOLA- TIONS (17 FOR THE YEAR), COMPARED TO 204 DURING THE SAME QUARTER LAST YEAR (486 FOR THE YEAR). THE STATES ISSUED 402 (839 FOR THE YEAR) AOs, INCLUDING 21 FOR PRETREATMENT VIOLATIONS, COMPARED TO 642 DURING THE SAME QUARTER LAST YEAR (839 FOR THE YEAR). o DURING THE SECOND QUARTER, THE REGIONS REFERRED 17 CIVIL CASES (INCLUDING FOUR FOR PRETREATMENT VIOLATIONS), COMPARED TO 21 FOR THE SAME QUARTER LAST YEAR. CUMULATIVELY, THE REGIONS HAVE REFERRED 23 CIVIL CASES COMPARED TO 43 AT THIS TIME LAST YEAR. THE STATES REFERRED 69 CIVIL CASES (103 FOR THE YEAR), INCLUDING 13 FOR PRETREAT- MENT VIOLATIONS TO THE STATE ATTORNEYS GENERAL COMPARED TO 54 THIS TIME LAST YEAR. FIFTY-SIX CIVIL REFERRALS HAVE BEEN FILED IN STATE COURTS THIS YEAR. o THERE WERE THREE EPA CRIMINAL REFERRALS BY REGION X IN THE SECOND QUARTER. -58- ------- 500-r NPDES ENFORCEMENT ACTIVITY As Of March 31, 1987 ADMINISTRATIVE ORDERS 2 3 QUARTERS WQ/E-13.14,16,417 LEGEND EPA 0 STATES CIVIL REFERRALS 2 3 QUARTERS -59- ------- STATUS OF MAJOR NPDES FEDERAL FACILITIES o EIGHTY-EIGHT PERCENT OF THE 152 MAJOR FEDERAL FACILITIES HAVE COMPLETED THE CONSTRUCTION NEEDED TO ACHIEVE FINAL EFFLUENT LIMITS WHILE 12% NEED ADDITIONAL CONSTRUCTION. o THE OVERALL COMPLIANCE RATH FOR MAJOR FEDERAL FACILITIES INCREASED FROM 4:)% ,IN THE PREVIOUS QUARTER TO 91% THIS QUARTER. b% WERE IN SIGNIFICANT NONCOMPLIANCE WITH FINAL EFFLUENT LIMITS - J* WERE IN SIGNIFICANT NONCOMPLIANCE WITH CONSTRUCTION SCHEDULES/ INTERIM EFFLUENT LIMITS. O FOR MAJOR FEDERAL FACILITIES ON THE EXCEPTIONS REPORT, NINE FACILITIES WERE CARRIED OVER FROM THE LAST QUARTER. THE STATES RETURNED THREE TO COMPLIANCE AND INITIATED ONE ENFORCEMENT ACTION. THE REMAINING FIVE PLUS TWO NEW SIGNIFICANT VIOLATORS ON THE EXCEPTIONS REPORT CONSTITUTE THE PENDING BALANCE OF SEVEN FACILITIES (FIVE EPA AND TWO NPDES SITES). FIVE PERCENT OF ALL MAJOR FEDERAL FACILITIES ARE PENDING ON THE EXCEPTIONS REPORT. -60- ------- STATUS OF MAJOR NPDES FEDERAL FACILITIES As Of March 31, 1987 COMPLIANCE STATUS 6% RESPONSE TO NEW VIOLATIONS DYNAMIC BASE 9% LEGEND SNC WITH PEL E8 SNC WITH CS/IEL 0 NOT SNC WITH CS/IEL 9% D NOT IN SNC WITH PEL B2X N U M B E R 1 U 8- 6- 4- 2 0- 6% 3% WQ/E-5,6.11,12 SNC RETURNED ENFORCEMENT PENDING TO ACTIONS COMPLIANCE LEGEND D SNC 2 CONSECUTIVE QUARTERS SNC MORE THAN 2 CONSECUTIVE QUARTERS -61- ------- MUNICIPAL POLICY IMPLEMENTATION o THE INTERIM GOAL OF THE MUNICIPAL POLICY WAS TO PLACE ALL NONCOMPLYING MUNICIPAL FACILITIES ON ENFORCEABLE SCHEDULES BY THE END OF FY 1985. MAJOR FACILITIES REQUIRING CONSTRUCTION o OW AND THE STATES COMMITTED TO PLACING 51 OF THE 68 NONCOMPLYING MAJOR MUNICIPAL FACILITIES REQUIRING CONSTRUCTION ON ENFORCEABLE SCHEDULES WHICH REFLECT MUNICIPAL COMPLIANCE PLANS IN FY 1987. o NATIONALLY, EPA AND THE STATES HAVE INCORPORATED 21 PLANS INTO ENFORCEABLE SCHEDULES AND REFERRED 7 NONCOMPLYING FACILITIES, ACHIEVING 72% OF THEIR FIRST QUARTER TARGET: MINOR FACILITIES REQUIRING CONSTRUCTION o OW AMD THE STATES COMMITTED TO PLACING 592 OF THE 945 NONCOMPLYING MINOR MUfl'CtPAL FACILITIES REQUIRING CONSTRUCTION ON ENFORCEABLE SCHEDULES WHICH REFLECT MUNICIPAL COMPLIANCE PLANS IN FY 1987. o NATIONALLY, EPA AND THE STATES HAVE INCORPORATED 356 PLANS INTO ENFORCEABLE SCHEDULES, ACHIEVING 140% OF THEIR FIRST QUARTER TARGETS. -62- ------- 60r MUNICIPAL POLICY IMPLEMENTATION As Of March 31, 1987 MAJOR FACILITIES REQUIRING CONSTRUCTION QUARTERS NUMBER OF FACILITIES NEEDING ENFORCEABLE SCHEDULES 68 600T 500-- 40Q-- 300-- 200-- 100-- LEGEND » TAR_GET_ ACTUAL MINOR FACILITIES REQUIRING CONSTRUCTION 2 QUARTERS 945 WQ-17,18 -63- ------- MUNICIPAL PRETREATMENT PROGRAM AUDITS o OW AND THE DELEGATED STATES PLAN TO AUDIT 341 OF THE 1,429 APPROVED MUMICEPAL PRETREATMENT PROGRAMS BEFORE THE END OF THE YEAR. o EPA AND THE DELEGATED STATES CONDUCTED 164 AUDITS FOR 114% OF THEIR SECOND QUARTER TARGET. EPA o NATIONALLY, EPA HAS AUDITED 87 MUNICIPAL PRETREATMENT PROGRAMS, ACHIEVING 98% OF ITS SECOND QUARTER TARGET. AI..L REGIONS EXCEPT I AND III MET OR EXCEEDED THEIR TARGETS. DELEGATED STATES O NATIONALLY, THE STATES HAVE AUDITED 77 MUNICIPAL PRETREATMENT PROGRAMS, ACHIEVING 141% OF THEIR SECOND QUARTER TARGET. - THE STATES IN REGIONS I, IV AND V MET OR EXCEEDED THEIR REGIONAL TARGETS. - THE STATES IN REGIONS II, III, VII AND X MISSED THEIR REGIONAL TARGETS. -64- ------- MUNICIPAL PRETREATMENT AUDITS As Of March 31, 1987 EPA STATES 21 OT QUARTERS NUMBER OF APPROVED PRETREATMENT PROGRAMS AS OF 10/1/86: 665 180-r 150-- 12D-- 90-- 60-- 30-- LEGEND -* TARGET QUARTERS 764 WQ-16 -65- ------- MUNICIPAL POLICY IMPLEMENTATION STATUS OF MUNICIPAL POLICY COMPLIANCE PLANS AS OF MARCH 30, 1987: O THERE ARE 963 MAJOR FACILITIES WITH MUNICIPAL COMPLIANCE PLAN SCHEDULES - 252 IN EPA STATES. - 711 IN NPDES STATES. O NATIONALLY, 16% OF THESE FACILITIES ARE IN SNC WITH THEIR SCHEDULES. 15% OF THE EPA FACILITIES ARE IN SNC WITH THEIR SCHEDULES. 16% OF THE STATE FACILITIES ARE IN SNC WITH THEIR SCHEDULES. O TWO EPA ADMINISTRATIVE ORDERS HAVE BEEN ISSUED TO ADDRESS SNC VIOLA- TIONS OF MCPs. -66- ------- MUNICIPAL COMPLIANCE PLAN As Of March 31, 1987 100-r II III IV v vi vn REGIONS VIII X NATIONAI WQ-19 LEGEND K IN SNC WITH MCP SCHEDULES D X IN COMPLIANCE WITH MCP SCHEDULES -67- ------- 301(h) OCEAN DISCHARGE PERMITS o FORTY-ONE OF THE ORIGINAL 208 301(h) APPLICATIONS WERE PENDING AT THE BEGINNING OF FY 1987. o THIRTY-FIVE APPLICATIONS REMAINED AT THE CLOSE OF THE SECOND QUARTER AFTER: - SIX FINAL DETERMINATIONS WERE MADE. o NATIONALLY, EPA ISSUED SIX FINAL PERMITS THROUGH THE SECOND QUARTER, ACHIEVING 100% OF TARGET. - REGION IX EXCEEDED ITS TARGET. - REGION I MISSED ITS TARGET. -68- ------- 301(H) OCEAN DISCHARGE PERMITS As Of March 31, 1987 WQ-26 2 QUARTERS LEGEND * TARGET - ACTUAL 41 APPLICATIONS LEGEND E3 WITH DRAWLS H RNAL DECISIONS D APPLICATIONS PENDING -69- ------- OCEAN DUMPING o AT THE START OF FY 1987, OW IDENTIFIED 121 SITES WHICH WERE AWAITING DECISIONS ON THEIR DESIGNATION STATUS FOR OCEAN DUMPING. o THE REGIONS MET THEIR SECOND QUARTER TARGETS, COMPLETING: - FOUR DRAFT ENVIRONMENTAL IMPACT STATEMENTS (II AND IV); - THREE FINAL ENVIRONMENTAL IMPACT STATES (IV); AND - ELEVEN FINAL DECISIONS ON SITE DESIGNATION STATUS (IV). -70- ------- DRAFT ENVIRONMENTAL IMPACT ASSESSMENTS OCEAN DUMPING As Of March 31, 1987 FINAL ENVIRONMENTAL IMPACT ASSESSMENTS 10r N U M B E R 0 F T E S 1234 QUARTERS NUMBER OF SITES REQUIRING ACTION: 71 WQ-27 QUARTERS LEGEND * 1ARGEI ACTUAL 01 SITE DESIGNATIONS 24r 204- 1 2 3 QUARTERS 121 -71- ------- CONSTRUCTION GRANTS BACKLOGGED ADMINISTRATIVE COMPLETIONS o AT THE BEGINNING OF FY 1987, THERE WERE 2,637 BACKLOGGED ADMINISTRATIVE COMPLETIONS. EPA AND THE STATES PLANNED TO COMPLETE 1,903 OR 72% OF THESE DURING THE YEAR. o NATIONALLY, OW COMPLETED 668 BACKLOGGED ADMINISTRATIVE COMPLETIONS, ACHIEVING 90% OF ITS SECOND QUARTER TARGET. - REGIONS IV, VI, VII, IX AND X MET OR EXCEEDED THEIR TARGETS. - REGIONS I, III, V AND VIII MISSED THEIR TARGETS. - REGION II HAS STILL NOT REACHED AGREEMENT WITH THE STATE OF NEW JERSEY ON HOW TO ADDRESS THE BACKLOG. CONSTRUCTION GRANTS NATIONAL MUNICIPAL POLICY (NMP) PROJECTS INITIATING OPERATION o NATIONALLY, OW INITIATED OPERATION OF 163 NMP PROJECTS, ACHIEVING 78% OF ITS SECOND QUARTER TARGET. - REGIONS I, IV, VI, VII, VIII AND IX MET THEIR TARGETS. - REGIONS II, III, V AND X MISSED THEIR TARGETS. -72- ------- CONSTRUCTION GRANTS BACKLOGGED ADMINISTRATIVE COMPLETIONS AND PROJECTS INITIATING OPERATION As Of March 31, 1987 ADMINISTRATIVE COMPLETIONS 2000T NMP PROJECTS INITIATING OPERATION 5QOT QUARTERS ADMINISTRATIVE COMPLETION BACKLOG AS OF FY 1987 0- LEGEND QUARTERS ACTUAL 2,637 WQ-21.23 ------- CONSTRUCTION GRANTS OUTLAYS o NATIONALLY, OUTLAYS WERE 106% OP THE SECOND QUARTER COMMITMENT, SLIGHTLY ABOVE THE EXPECTED RANGE OF + 5% OF TARGET. - REGIONS II, IV AND X ACHIEVED THEIR TARGETS WITHIN THE + 5% WINDOW. - REGIONS I, III, V, VI, AND VII EXCEEDED THE 5% WINDOW. - REGIONS VIII AND IX MISSED THEIR TARGETS, BELOW THE + 5% WINDOW, -74- ------- 3000-r 0- CONSTRUCTION GRANTS NET OUTLAYS As Of March 31, 1987 X X X X X X X X WQ-24 QUARTERS LEGEND * TARGET -* ACTUAL -75- ------- ASSISTANCE DISPUTES RESOLVED o BY THE END OF THE YEAR, THE REGIONS PLAN TO RESOLVE ALL 221 DISPUTES WHICH WERE PENDING AT THE BEGINNING OF FY 1987. o NATIONALLY, OW RESOLVED 97 ASSISTANCE DISPUTES, ACHIEVING 84% OF ITS SECOND QUARTER TARGET. - REGIONS I, IV, VI, V, VII AND IX MET OR EXCEEDED THEIR TARGETS. '-, REGIONS II, III, VIII AND X MISSED THEIR TARGETS. -76- ------- CONSTRUCTION GRANTSASSISTANCE DISPUTES RESOLVED As Of March 31, 1987 250-r WQ-22 -77- ------- CONSTRUCTION GRANTS OPERATION MANAGEMENT EVALUATIONS o THIS rlEASURE ASSESSES THE NUMBER OF MINOR POTW s THAT HAVE RETURNED COMPLIANCE OR ARE MEETING SCHEDULES FOR CORRECTIVE ACTIONS. O IN THE SECOND QUARTER 446 POTWs EITHER CAME INTO COMPLIANCE (183) OR WERE OH A SCHEDULE FOR RETURNING TO COMPLIANCE (263). o THIS REPRESENTS 234% OF THE MID YEAR TARGET. IT ALSO EXCEEDS THE END OF YEAR TARGET OF 435 BY 3%. o REGIOW IX EXCEEDED ITS MID YRAR TARGET OF 10 BY 1100% (110) AND IS END OF YEAR TARGET 21 BY 523%. -78- ------- CONTRUCTION GRANTS OPERATION MANAGEMENT EVALUATIONS FOR MINOR POTWs As of March 31, 1987 500-r WQ-25 QUARTERS LEGEND * TARGET -* ACTUAL -79- ------- SECTION 404 PERMIT REVIEW o SINCE 1984 THE ARMY CORPS OF ENGINEERS HAS CONSISTENTLY ACCEPTED EPA COMMENTS ON 80% OF THE SECTION 404 PERMIT APPLICATIONS PROCESSED. o OF THE 296 PENDING APPLICATIONS RESOLVED AFTER WITHDRAWALS (35) IN THE SECOND QUARTER OF FY 1987, THE CORPS: - ACCEPTED EPA's RECOMMENDATIONS ON 247, OR 83%, OF THE PERMITS PROCESSED, DENYING 57 PERMITS AND MODIFYING 190; AND OVERRULED EPA's RECOMMENDATIONS ON 49, OR 17%, OF THE PERMITS PROCESSED, ISSUING PERMITS OVER EPA's RECOMMENDATION FOR DENIAL OR WITHOUT EPA's RECOMMENDED MODIFICATIONS. THIRTY FIVE OF THE APPLICATIONS WERE WITHDRAWN. o ADVANCED IDENTIFICATION OF WETLANDS COMPLEMENTS EPA's PERMIT REVIEW ACTIVITY UNDER §404 BY MARKING SOME AREAS OF REGULATED WATERS AS SUITABLE OR UNSUITABLE FOR DISCHARGE OF DREDGE AND FILL MATERIAL. DURING THE SECOND QUARTER, THE REGIONS INITIATED 3 ADVANCE AND CONTINUED TWO IDENTIFICATION ACTIONS FOR A TOTAL OF FIVE AGAINST A TARGET OF SIX. -80- ------- SECTION 404 RESOLUTIONS As Of March 31, 1987 WQ-34d LEGEND FAVORABLE TO EPA 0 APPLICATION WITHDRAWN D EPA OVERRULED -81- ------- SECTION 404 ENFORCEMENT o AT THE BEGINNING OF FY 1987, 93 SECTION 404 SITES WERE IN SIGNIFICANT VIOLATION (SV). FIFTY-SEVEN OF THESE SITES STARTED THE YEAR WITH AN ENFORCEMENT ACTION INITIATED. o OF THE 36 SITES REMAINING UNADDRESSED, THE REGIONS TARGETED TO ADDRESS 32 BY THE END OF THE YEAR. THE REGIONS HAVE EXCEEDED THEIR SECOND QUARTER TARGET OF 16 BY ADDRESSING 21 SITES. THE REGIONS TOOK THE LEAD IN NINE ENFORCEMENT ACTIONS. o THE STATUS OF THE 93 SIGNIFICANT VIOLATORS AT THE END OF THE SECOND QUARTER IS AS FOLLOWS: - 14 (15%) RESOLVED BY ENFORCEMENT ACTION; - 14 (15%) RESOLVED BY NONENFORCEMENT ACTION; - 50 (54%) HAVE RECEIVED AN INITIAL ENFORCEMENT ACTION; AND - 15 (16%) REMAIN UNADDRESSED. o DURING THE SECOND QUARTER, THE REGIONS CONDUCTED 88 FIELD INVESTIGA- TIONS AND CONFIRMED 85 NEW SIGNIFICANT VIOLATORS FOR A YEAR TO DATE TOTAL OF 142. OF THE 142 NEW SIGNIFICANT VIOLATORS IDENTIFIED, 60 SITES HAVE ENFORCEMENT ACTION INITIATED (30 BY EPA AND 30 BY THE COE). THIRTY SITES HAVE BEEN RESOLVED BY EITHER FORMAL ENFORCEMENT ACTION OR OTHI'R MEANS. FIFTY-TWO SITES REMAIN UNADDRESSED. -82- ------- SECTION 404 PROGRESS IN RETURNING SIGNIFICANT VIOLATORS TO COMPLIANCE As Of March 31, 1987 REDUCTION OF FIXED BASE PENDING AS OF OCTOBER 31, 1BBB 10Qr TARGET RESPONSE TO NEW SIGNIFICANT VIOLATORS (DYNAMIC BASE) 15QT NEW SVs ADDRESSED RESOLVED DETECTED BY ENFORCEMENT PENDING LEGEND REMAIN UNADDRESSED 0 HAVE RECEIVED AN INITIAL ENFORCEMENT ACTION E] RESOLVED BY NONENFORCEMENT ACTION D RESOLVED BY ENFORCEMENT ACTION WO/E-19a.19b.2Q -83- ------- UIC CLASS II PERMIT FILES REVIEWED BY EPA o AT TUB BEGINNING OF FY 1985, OW PLANNED TO REVIEW 20,237 EXISTING CLASS II, OIL AND GAS WELL, PERMIT FILES OVER A FIVE-YEAR PERIOD. O DURING FY 1985 AND FY 1986, OW REVIEWED A TOTAL OF 7,811 FILES, LEAVING 12,426 FOR REVIEW IN THE REMAINING THREE YEARS. o NATIONALLY, EPA REVIEWED 1662 FILES, ACHIEVING 114% OF ITS FIRST QUARTER TARGET. - REGIONS II, III V, VI AND VIII MET OR EXCEEDED THEIR TARGETS. REGION IV AND VIII MISSED THEIR TARGETS. UIC CLASS II PERMIT FILES REVIEWED BY THE PRIMACY STATES o THE PRIMACY STATES TARGETED 16,232 CLASS II FILES FOR REVIEW IN FY 1986 (FY 1986 WAS THE FIRST YEAR THAT PRIMACY STATE DATA WAS TRACKED QUARTERLY. DATA FOR THIS MEASURE IS LAGGED ONE QUARTER.) o NATIONALLY, THE PRIMACY STATES REVIEWED 5,094 FILES, ACHIEVING 54% OF THEIR FIRST QUARTER TARGETS. -84- ------- UIC CLASS II PERMIT FILES 3500-r EPA As Of March 31, 1987 25000-r 20000- 1500D-- 10000- 5000-- LEGEND * TARGET -*- ACTUAL STATES As Of March 31. 19B7 QUARTERS DATA FOR STATES LAGGED ONE QUARTER DW-4 ------- . UIC PERMIT DETERMINATIONS MADE BY EPA CLASS I - DEEP WELLS o AT THE BEGINNING OF FY 1985, OW PLANNED TO MAKE PERMIT DETERMINATIONS FOR 69 EXISTING CLASS I UNDERGROUND INJECTION WELLS OVER A FIVE-YEAR PERIOD. AT THE BEGINNING OF FY 1987, OW HAD ADDRESSED THE ENTIRE WORKLOAD OF EXISTING WELLS, HAVING MA^E 73 PERMIT DETERMINATIONS ON EXISTING CLASS I WELLS. o NATIONALLY, EPA MADE TWO PERMIT DETERMINATIONS, ACHEIVING 22% OF ITS SECOND QUARTER TARGET. BOTH DETERMINATIONS WERE FOR NEW WELLS. - REGION I MET ITS TARGET. - REGIONS IX AND X MISSED THEIR TARGETS. PERMIT DETERMINATIONS MADE BY THE PRIMACY STATES CLASS I - DEEP WELLS O THE PRIMACY STATES PLANNED TO MAKE 64 PERMIT DETERMINATIONS FOR NEW AND EXISTING CLASS I WELLS IN FY 1987. (DATA FOR THIS MEASURE IS LAGGED ONE QUARTER.) o NATIONALLY, THE PRIMACY STATES MADE SEVEN PERMIT DETERMINATIONS, ACHIEVING 47% OF THEIR FIRST QUARTER TARGET. TWO DETERMINATIONS WERE FOR EXISTING WELLS AND FIVE WERE FOR NEW WELLS. THE STATES IN REGIONS IV, V, VI AND VIII MISSED THEIR REGIONAL TARGETS. -86- ------- UIC CLASS I PERMIT DETERMINATIONS (Existing and New) EPA As Of March 31, 19B7 STATES As Of March 31, 1987 35n N U M B 3D" E R 0 F D 20- E 1 <* M I N 10- A T 'o * N S 0- 70n ^ / / 60- i . 1 50- 1 1 40- / / 30- / X .' 20- y?T > - ' *- " * t^-"~"""""" i ' i n ^. / / / / / / ^ / / X jtf s- ** ^, *" y*"* X ^^, xx^ 4***^ 'III lr 1 1 1 1 1234 1234 QUARTERS QUARTERS' LEGEND * IARGET -*- ACTUAL DW-2 -87- ------- UIC PERMIT DETERMINATIONS MADE BY EPA CLASS II. Ill AND V WELLS o AT THE BEGINNING OF FY 1985, OW PLANNED TO MAKE PERMIT DETERMINATIONS FOR 1,210 EXISTING CLASS II OIL-AND-GAS-RELATED SALT WATER DISPOSAL (SWD) WELLS AND 31 CLASS III EXTRACTION WELLS OVER A FIVE-YEAR PERIOD. AT THE BEGINNING OF FY 1987, A TOTAL OF 970 CLASS II AND 21 CLASS III WELLS REMAINED TO BE ADDRESSED OVER THE NEXT 3 YEARS. o NATIONALLY, EPA MADE 212 DETERMINATIONS AGAINST A TARGET OF 195, ACHIEVING 109% OF ITS SECOND QUARTER TARGET. REGIONS II, V, VI AND VIII EXCEEDED THEIR TARGETS. - REGIONS III AND IV MISSED THEIR TARGETS. o OF THE 212 DETERMINATIONS MADE, ALL WERE FOR CLASS II WELLS: - 69, OR 33%, WERE FOR EXISTING WELLS. - 143, OR 67%, WERE FOR NEW WELLS. UIC PERMIT DETERMINATIONS MADE BY THE PRIMACY STATES CLASS II, III AND V WELLS THE PRIMACY STATES PLANNED TO MAKE 5,506 PERMIT DETERMINATIONS FOR ,NEW AND EXISTING CLASS II, III AND V WELLS IN FY 1987. (DATA FOR THIS MEASURE IS LAGGED ONE QUARTER.) NATIONALLY, THE PRIMACY STATES MADE 1,626 PERMIT DETERMINATIONS ACHIEVING 135% OF THEIR FIRST QUARTER TARGET. OF THE DETERMINATIONS, 93% WERE FOR CLASS II WELLS. - THE STATES IN REGIONS II, IV, V, VII AND IX EXCEEDED THEIR TARGETS - THE STATES IN REGIONS I, III, VI, VIII AND X MISSED THEIR TARGETS. o OF THE PERMIT DETERMINATIONS MADE: - 49, OR 3%, WERE FOR EXISTING WELLS. - 1,594, OR 97%, WERE FOR NEW WELLS. 69 Vs). (2 CLASS Us, 4 Ills, 43 Vs) (1,512 CLASS Us, 13 Ills, -88- ------- UIC CLASS II, III AND V PERMIT DETERMINATIONS (Existing and New) EPA As Of March 31. 1987 500T QUARTERS 6000-r 5000-- 4000- - 3000- 2000- 1DOO-- LEGEND * TARGET * ACTUAL 5-YEAR WORKLOAD FOR EXISTING WELLS (AS OF BOY 1985) CLASS II 1,210 CLASS III 31 STATES As Of March 31, 1987 QUARTERS DW-3 -89- ------- UIC MECHANICAL INTEGRITY TESTS WITNESSED BY EPA o AT THE BEGINNING OF FY 1985, OW PLANNED TO WITNESS THE MECHANICAL INTEGRITY TESTING OF 20,237 EXISTING CLASS II, OIL AND GAS, UNDERGROUND INJECTION WELLS OVER A FIVE-YTAR PERIOD. DURING FY 1985 AND 1986, OW WITNESSED A TOTAL OF 6,442 TESTS. o NATIONALLY, EPA WITNESSED THE MECHANICAL INTEGRITY TESTING OF 1352 WELLS, ACHIEVING 133% OF ITS SECOND QUARTER TARGET. ALL REGIONS MET OR EXCEEDED THEIR TARGETS. UIC MECHANICAL INTEGRITY TESTING BY THE PRIMACY STATES O THE PRIMACY STATES PLANNED TO WITNESS THE MECHANICAL INTEGRITY TESTING OF 30,883 EXISTING CLASS II WELLS IN FY 1986. FOR FY 1986 THEY COMPLETED 28,755 ACHIEVING 93% OF THEIR END OF YEAR TARGETS. (DATA FOR THIS MEASURE IS LAGGED ONE QUARTER.) o NATIONALLY, FOR THE FIRST QUARTER, THE PRIMACY STATES WITNESSED THE MECHANICAL INTEGRITY TESTING OF 5197 WELLS, ACHIEVING 116% OF THEIR SFCOND QUARTER TARGET. - THE STATES IN REGIONS IV, VIII, IX AND X MET OR EXCEEDED THEIR REGIONAL TARGETS. - THE STATES IN REGIONS V, AND VIII MISSED THEIR REGIONAL TARGETS. -90- ------- UNDERGROUND INJECTION CONTROL COMPLIANCE SIGNIFICANT NONCOMPLIANCE o BASED ON FIELD INSPECTIONS, MITs AND SELF-REPORTING, 116 WELLS WERE IDENTIFIED AS BEING NEWLY IN SNC. - 46 CLASS I WELLS OUT OF 654 WELLS. - 70 CLASS II, III, AND V WELLS OUT OF 261,135 WELLS. ADDRESSING SIGNIFICANT NQNCQMPLIANCE O AT THE END OF THE FIRST QUARTER, THERE WERE 17 CLASS I WELLS £N SNC (TWO IN DIRECT IMPLEMENTATION STATES AND 15 IN PRIMACY STATES) AND 658 CLASS II, III, AND V WELLS IN-SNC (ALL IN DIRECT IMPLEMENTATION STATES). BY THE END OF THE SECOND QUARTER ALL OF THE CLASS I WELLS HAD RETURNED TO COMPLIANCE WHILE 11 OF THE CLASS II, III AND IV WELLS WERE ADDRESSED BY THREE EPA AND EIGHT STATE ADMINISTRATIVE ORDERS. THE BALANCE OF THE WELLS (647) WERE RETURNED TO COMPLIANCE. ENFORCEMENT ACTIONS o DURING THE FIRST QUARTER, PRIMACY STATES ISSUED 10 ADMINISTRATIVE ORDERS AND HAD NO CIVIL REFERRALS. EPA HAS ISSUED FOUR ADMINISTRA- TIVE ORDERS THIS YEAR. FIELD INSPECTIONS O NATIONALLY, EPA AND THE STATES EXCEEDED THEIR TARGETS FOR FIELD INSPECTIONS. EPA CONDUCTED 3,717 FIELD INSPECTIONS AGAINST A TARGET OF 2,843 FOR 131% OF TARGET. THE STATES CONDUCTED 17,190 AGAINST A TARGET OF 10,230 FOR 168% OF TARGET. - ALL REGIONS AND THEIR STATES MET THEIR TARGETS EXCEPT REGION IX. -91- ------- POPULATION SERVED BY COMMUNITY PUBLIC WATER SUPPLY SYSTEMS WITH PERSISTENT VIOLATIONS OF DRINKING WATER STANDARDS o DURING FY 1986, 219 MILLION PEOPLE WERE BEING SERVED BY COMMUNITY PUBLIC WATER SUPPLY SYSTEMS. OF THOSE THE FOLLOWING NUMBER WERE IN SIGNIFICANT NONCOMPLIANCE. - SYSTEMS SERVING 5,107,205 (72%) WERE IN VIOLATION FOR MICROBIOLOGICAL, TURBIDITY OR TTHM STANDARDS. - SYSTEMS SERVING 1,949,250 (28%) WERE IN VIOLATION OF ORGANIC, INORGANIC CHEMICAL OR RADIOLOGICAL REQUIREMENT. o SOME OF THE SYSTEMS MAY BE IN VIOLATION OF BOTH CATEGORIES AND THERHFORE MAY BE COUNTED TWICE. o OF THE SYSTEMS IN SNC, PRIMACY STATES WERE RESPONSIBLE FOR 99% OF THE IDENTIFICATION. -92- ------- POPULATIONS SERVED BY COMMUNITY WATER SYSTEMS IN SIGNIFICANT NONCOMPLLANCE FOR FY 1986 As Of March 31, 1987 DW-1 LEGEND . MICROBIOLOGICAL TURBIDITY TTHM ORGANIC CHEMICALS INORGANICS RADIOLOGICAL REQ. SERVICE POPULATION 219 MILLION PEOPLE -93- ------- PUBLIC WATER SYSTEMS COMPLIANCE o FOR THE 12 MONTHS ENDING SEPTEMBER 30, 1986, 1,240 OF 58,557 (2%) COMMUNITY WATER SYSTEMS WERE IN SIGNIFICANT NONCOMPLIANCK (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 57,317 SYSTEMS ARE ELTHER IN FULL COMPLIANCE OR WITH VIOLATIONS OTHER THAN SNC. - NATIONALLY, WITH 1,240 SYSTEMS EN SNC, THE REGIONS AND STATES SURPASSED THEIR SECOND QUARTER TARGET OF HAVING LESS THAN 1 SYSTEMS IN SNC. o IN ADDITION, THERE WERE 2,320 SYSTEMS IN SNC WITH CHEMICAL AND RADIOLOGICAL MCL AND/OR M&R (EXCEPT TTHM - M&R) REQUIREMENTS. SANITARY SURVEYS o NATIONALLY, THE REGIONS AND STATES SURPASSED THEIR SECOND QUARTER TARGET OF 15,391 SANITARY SURVEYS BY CONDUCTING 18,403, FOR 120% OF TARGET. NOTE: STATE DATA IS LAGGED TWO QUARTERS, -95- ------- PUBLIC WATER SUPPLY ENFORCEMENT RESPONSE TO SNC EXCEPTIONS REPORTING FOR THE 12 MONTHS ENDING JUNE 30, 1986, THERE WERE 1,272 COMMUNITY SYSTEMS IDENTIFIED AS BEING IN SNC. BY FEBRUARY 28, 1987; 168 OF THOSE SYSTEMS HAD BEEN RETURNED TO COMPLIANCE; 53 PLACED ON COMPLI- ANCE SCHEDULES; AND 155 SUBJECTED TO AN ENFORCEMENT ACTION. THE PENDING BALANCE OF 896 SYSTEMS REPRESENTS 2% OF ALL COMMUNITY WATER SYSTEMS. FIXED BASE o THE FIXED BASE IS COMPOSED OF COMMUNITY SYSTEMS IN SNC WITH CHEMICAL AND RADIOLOGICAL MAXIMUM CONTAMINANT LEVELS AND/OR MONITORING AND REPORTING (EXCEPT TTHM M/R) REQUIREMENTS. AS OF JUNE 3U, 1986, THERE WERE 2,320 SYSTEMS THAT MET THIS CRITERIA. THEY WILL BE TRACKED THROUGHOUT THIS YEAR TO IDENTIFY: SNCs THAT ARE RETURNED TO COMPLI- ANCE; THOSE SUBJECTED TO AN ENFORCEMENT ACTION BY EITHER A COMPLIANCE SCHEDULE, ADMINISTRATIVE ORDER OR ITS EQUIVALENT, OR A CIVIL OR CRIMINAL JUDICIAL REFERRAL. ENFORCEMENT ACTIVITY o DURING THE FOURTH QUARTER FY 1986 THli STATES REFERRED 25 CIVIL CASES AND ISSUED 130 ADMINISTRATIVE ORDERS AGAINST SYSTEMS IN SNC. o THROUGH THE SECOND QUARTER THIS YEAR, EPA HAS REFERRED ONE CASE AND ISSUED 18 ADMINISTRATIVE ORDERS. NOTE: STATE DATA IS LAGGED TWO QUARTERS. -96- ------- UDDT PUBLIC WATER SYSTEMS RESPONSE TO SNC As Of September 30, 1986 EXCEPTIONS REPORT FIXED BASE -f- SNC RETURN TO ENFORCEMENT PENDING COMPLIANCE ACTIONS SNC RETURN TO ENFORCEMENT PENDING COMPLIANCE ACTIONS DW/E-2,3,4 -97- ------- Office of Solid Waste and Emergency Response -99- ------- OFFICE OF SOLID WASTE AND EMERGENCY RESPONSE SECOND QUARTER HIGHLIGHTS o SUPERFUND TARGETS HAVE BEEN ESTABLISHED AND ARE EFFECTIVE [-'OR SECOND, THIRD AND FOURTH QUARTERS. PERFORMANCE THROUGH THE SECOND QUARTER WAS MIXED. \ o THE REGIONS ESSENTIALLY MET THE TARGETS FOR BOTH FINAL PERMIT DETERMI- NATIONS AND CLOSURE PLAN APPROVALS FOR LAND DISPOSAL FACILITIES. TOTAL PERMITTING ACTIVITY MARKEDLY INCREASED DURING SECOND QUARTER. O THE SECOND QUARTER CUMULATIVE TARGET FOR ADDRESSING SIGNIFICANT NONCOMPLIANCE WITH RCRA WAS EXCEEDED. O TWO RCRA CRIMINAL CASES WERE PILED BY REGION IX STATE (S) IVM'liJ.; TMi: SECOND QUARTER. NO STATE CRIMINAL ACTIONS WERE REPORTED A,i H,' , MI ; i- i I DURING ALL OF FY 1986. o THIRTY-SIX STATES HAVE UNDERGROUND STORAGE TANK (UST) PROG..', ' if; IK' OPERATION. THESE STATES HAVE ABOUT 86% OF THE NATION'S USTs. -101- ------- PRELIMINARY ASSESSMENTS AND SITE INSPECTIONS o THE REGIONS COMPLETED 1,389 PRELIMINARY ASSESSMENTS THROUGH THE END OP THE SECOND QUARTER, FOR 115% OF THE TARGET OF 1,206. NOTABLY, UKOION VI HAS EXCEEDED ITS END OF YEAR TARGETS. ^ii; UEGIOWS COMPLETED 44f> SITE INSPECTIONS THROUGH THE END OF SECOND OU/M'i'ER, FOR 98% OF THE TARGET OF 454. REMOVAL ACTIVITIES o AT rilD-YEAR 22 REMOVAL ACTIONS AT NPL SITES HAVE BEEN INITIATED. 11 OF THOSE WERE FIRST REMOVAL ACTIONS AT A SITE; 11 WERE SUBSEQUENT (RETURN) ACTIONS AT SITES. o AT MID-YEAR 17 NPL SITES HAVE BEEN STABILIZED VIA REMOVAL ACTION. SOME OF THESE STABILIZATIONS RESULT FROM REMOVAL ACTIONS BEGUN IN FY 1986. -102- ------- SUPERFUND PRELIMINARY ASSESSMENTS/SITE INSPECTIONS As Of March 31, 1987 PRELIMINARY ASSESSMENTS 4000-r QUARTERS 1500-r 1125-- 750- 375 LEGEND S/F-1,2 ACTUAL SITE INSPECTIONS 1 2 QUARTERS -103- ------- PROGRESS ON REMEDIAL INVESTIGATIONS/FEASIBILITY STUDIES (RI/FS) THE NATIONAL PRIORITIES LIST (NPL) WAS UPDATED DURING THE SECOND QUARTER. THERE ARE CURRENTLY 951 SITES PROPOSED FOR OR Obi THE NPL. o R1/''\S WERE INITIATED AT 39 NPL SITES THROUGH THE SECOND QUARTER, FOR 91% OF THE TARGET OF 43. PRPs FINANCED 19, OR 49% OF THE RI/FS STARTS. o SI;V;MTKEN SUBSEQUENT RI/FS ALSO WERE STARTED, FOR 77% OF THE TARGET OK >,1. THREE, OR 18%, WERE FUNDED BY PRPs. o PROGRAM-TO-DATE INFORMATION SHOWS THAT RI/FS HAVE BEEN INITIATED AT ABOUT 516 NPL SITES: -355 (77%) FUND FINANCED - 65 (9%) BOTH - 91 (17%) PRP FINANCED - 5 (1%) FEDERAL FACILITIES RECORDS OF DECISION ( RODs ) O NINE RODS HAVE BEEN SIGNED FOR NPL SITES THROUGH THE SECOND QUARTER, FOR 64% OF THE TARGET OF 14. IN ADDITION, TWO SUBSEQUENT RODS WERE SIGNED AGAINST A TARGET OF ONE. o PROGRAM TO DATE INFORMATION SHOWS DECISIONS HAVE BEEN MADE AT ABOUT 189 NPL SITES, OR 37% OF THE SITES WITH RI/FS UNDERWAY. -1 DA- ------- SUPERFUND PROGRESS ON REMEDIAL INVESTIGATIONS/FEASIBILITY STUDIES As Of March 31, 1987 15QT S/C-5,6 FIRST RI/FS STARTS QUARTERS 100-r 75-- 50-- 25 04 LEGEND -*- T.ARGET *- ACTUAL FIRST ROD/EDI) DECISIONS QUARTERS -105- ------- PROGRESS ON REMEDIAL ACTION ACTIVITY o FIRST REMEDIAL ACTION ACTIVITY HAS' BEEN INITIATED AT 10 NPL SITES THROUGH THE SECOND QUARTER. IN ADDITION, 3 SUBSEQUENT REMEDIAL ACTIONS WERE STARTED. NATIONALLY, PRP FINANCED TARGETS WERE MET OR EXCEEDED. FUND FINANCED TARGETS WERE MISSED. o PROGRAM-TO-DATE INFORMATION SHOVJS THAT REMEDIAL ACTIVITY HAS BEGUN AT ABOUT 99 NPL SITES. - 43 FUND FINANCED - 5 BOTH 50 PRP FINANCED - 1 FEDERAL FACILITY REMEDIAL ACTION HAS BEEN INITIATED AT 52% OF THE NPL SITES FOR WHICH A ROD HAS BEEN SIGNED. o THROUGH THE SECOND QUARTER, ALL REMEDIAL CONSTRUCTION HAS BEEN COMPLETED AT TWO NPL SITES. f) TUB NPL DELETION PROCESS BEGAN AT TWO NPL SITES DURING THE FIRST QUARTER. MO HKLETIONS WERE INITIATED DURING SECOND QUARTER. o r ;- o;. JANUARY 31, 1987, 13 SITES HAVE BEEN DELETED FROM THE NPL. -106- ------- SUPERFUND REMEDIAL ACTION PROGRESS AT SITES As Of March 31, 1987 FIRST REMEDIAL ACTION START (FUND) ALL REMEDIAL CONSTRUCTION COMPLETE (PRP & FUND) A f\ u 4D1 M B E 30- R 0 20 F s 10- I T F s 6-j x^ 5- '' N x u '" B 4" V E ^---^^^* " .^~-~~*~~*^ 1 2 3 4 0 3" QUARTERS r S I 2 FIRST REMEDIAL T ACTION START (PRP) | n ~*t\ u 3°- M B E R20- 0 F 10- S I T n" S r / 1- / / / / / x^ x X X* ^ .x^^ x x -X X >r^ VX ;r jir. jr X^ 1 I I j "III! 1234 / y QUARTERS X ^x *^ X __---» "~ LEGEND -"*~"**"'"*^ 111! QUARTERS S/C-7(a),8 ACTUAL -107- ------- SUPERFUND ENFORCEMENT ACTIVITY o SECTION 107 COST RECOVERY ACTIONS - THE REGIONS EXCEEDED THEIR CUMULATIVE SECOND QUARTER TARGET FOR REFERRING SECTION 107 COST RECOVERY ACTIONS. THIRTEEN SECTION 107 COST RECOVERY ACTIONS WERE REFERRED VERSUS A TARGET OF NINE. NINE SECTION 107 ACTIONS WERE REFERRED THROUGH THE SECOND QUARTER OF FY 1986. o SECTION 106 REFERRALS DIRECTING PRIVATE PARTY CLEAN-UP - FOUR SECTION 106 REFERRALS WERE MADE DURING THE FIRST TWO QUARTERS OF FY 1987. TWO SECTION 106 REFERRALS WERE MADE DURING THE FIRST TWO QUARTERS OF FY 1986. THERE ARE NO SPMS TARGETS FOR SECTION 106 REFERRALS. o FORMAL ADMINISTRATIVE ENFORCEMENT ACTIONS - DURING THE FIRST TWO QUARTERS 40 FORMAL ADMINISTRATIVE ACTIONS WERE ISSUED. TWENTY-FIVE WERE AT NPL SITES (4 REMOVAL/21 REMEDIAL) AND 15 WERE AT NON-NPL S [ L'ES (ALL REMOVAL). THROUGH THE SECOND QUARTER OF FY 1986, 30 (7 NPL/23 NON-NPL) ADMINISTRATIVE ORDERS WERE ISSUED. -108- ------- SUPERFUND ENFORCEMENT ACTIVITY As Of March 31, 1987 SECTION 107 COST RECOVERY CIVIL REFERRALS (CUMULATIVE) 35T 30-- 25 U 20+ M B 10- 1 1 1 2 3 QUARTERS SECTION 108 CIVIL REFERRALS (CUMULATIVE) FORMAL ADMINISTRATIVE ENFORCEMENT ACTIONS (CUMULATIVE) S/E-2(o) LEGEND CUMULATIVE TARGET CUMULATIVE ACTUAL 2 3 QUARTERS 2 3 QUARTERS LEGEND } NON-NPL I NPL -109- ------- CHEMICAL EMERGENCY PREPAREDNESS PROGRAM o NINETEEN STATES HAD STATE IMPLEMENTATION MEMOS (SIMs) IN PLACE AT THE END OF SECOND QUARTER. 17 ADDITIONAL STATES HAVE INDICATED THEY ARE WILLING TO COMPLETE A SIM. THESE MEMOS ESTABLISH WORKING RELATION- SHIPS BETWEEN THE STATES AND EPA AND IDENTIFY PRIORITY AREAS WHERE EMERGENCY PREPAREDNESS PLANS WILL BE DEVELOPED AND TESTED. o EPA HAS ASSISTED STATES IN CONDUCTING 18 SIMULATIONS OF CHEMICAL EMERGENCIES. THE PURPOSE OF SIMULATIONS IS TO TEST COMMUNITY PREPAREDNESS TO RESPOND TO AN EMERGENCY. o AS OF MARCH 31, 1987, 15 STATES HAVE ESTABLISHED STATE EMERGENCY RESPONSE COMMISSIONS AS REQUIRED BY TITLE III. THE STATUTORY DEADLINE TO ESTABLISH COMMISSIONS IS IN APRIL 1987. -110- ------- CHEMICAL EMERGENCY PREPAREDNESS As Of March 31, 1987 STATUS OF STATE IMPLEMENTATION MEMOS OMSE1 LEGEND SIM IN PLACE 0 SIM EXPECTED H NO SIM EXPECTED D STATUS UNKNOWN 50T 40-- EPA-ASSISTED EMERGENCY SIMULATIONS LEGEND - TARGET * ACTUAL -111- ------- RCRA/HSWA STATE AUTHORIZATION o STATUS MAY BE DELEGATED PHASES OF THE BASE RCRA PROGRAM OR CERTAIN ELEMENTS OF THE HSWA PROGRAM. THIS SPMS MEASURE ONLY TRACKS THE AUTHORIZATION PROCESS FOR FULL HSWA DELEGATION. o RIGHT STATES HAVE SUBMITTED APPLICATIONS FOR THE HSWA CLUSTER THROUGH THE SECOND QUARTER. o GEORGIA REMAINS THE ONLY STATE AUTHORIZED TO MANAGE THE HSWA PROGRAM. -112- ------- s T A T E S ME CT VI RCRA/HSWA AUTHORIZATION STATUS As Of March 31, 1987 v vi REGIONS IA HI CM CA AS VII VIII IX 10 AK LEGEND D NONE 14 HSWA AUTHORIZED 41 0 BASE PROGRAM 1 ONLY TOTAL 56 R/C-1 -113- ------- PERMITTING PROGRESS AT LAND DISPOSAL FACILITIES THE MULTI-YEAR PERMITTING PLANS ARR TRACKING PERMITTING PROGRESS AT 394 LAND DISPOSAL FACILITIES (LDFs). 0 FINAL DETERMINATIONS: YEAR-TO-DATE, ALL REGIONS HAVE MET OR EXCEEDED THEIR TARGET FOR LDF PERMIT DETERMINATIONS. THE REGIONS HAVE MADE 27 FINAL LDF PERMIT DETERMINATIONS, OR 108% OF THE SECOND QUARTER TARGET OF 25. THE REGIONS WILL HAVE TO MORE THAN DOUBLE THEIR EFFORTS TO REACH THE END OF YEAR TARGET. YEAR-TO-DATE, 19 PERMITS HAVE REEN ISSUED AND 8 DENIED. o PUBLIC NOTICES: THE REGIONS HAVE ISSUED 40 PUBLIC NOTICES FOR LDFs THROUGH THE SECOND QUARTER. TWENTY-FIVE OF THOSE ARE DRAFT PERMITS AND 15 ARE 'NOTICES OF INTENT TO DENY PERMITS. o RFAs/CORRECTIVE ACTION; THROUGH THE SECOND QUARTER, THE REGIONS HAVE COMPLETED 105 RCRA FACILITY ASSESSMENTS (RFAs) FOR LDFs. NOTABLY, 55% OF THE 88 RFAs COMPLETED DURING SECOND QUARTER WERE DONE IN REGION V. NATIONWIDE, 8 CORRECTIVE ACTION REMEDIAL INVESTIGATIONS HAVE BEEN IMPOSED IN FY 1987. IN ADDITION, THROUGH THE SECOND QUARTER, ONE CORRECTIVE ACTION MEASURE DECISION HAS BEEN MADE. -114- ------- N U M B E R P E R M RCRA LAND DISPOSAL FACILITY PERMITTING As Of March 31, 1987 120-r D E T E R M 00-- 0 'N 60 A T I 0 30-- -1 R/C-2(d)A(e) QUARTERS LEGEND -* TARGET -r ACTUAL -115- ------- PROGRESS AT CLOSING FACILITIES LAND DISPOSAL FACILITIES o THE RbGIONS HAVE APPROVED 111 LDF CLOSURE PLANS, OR 98% OF THE SECOND QUARTER TARGET OF 113. o THROUGH THE SECOND QUARTER, THE REGIONS HAVE ISSUED 71 NOTICES OF CLOSURE PLAN AVAILABILITY FOR LDFs. MORE THAN TWO-THIRDS OF THESE NOTICES WERE ISSUED DURING THE SECOND QUARTER. -116- ------- RCRA CLOSURE PLAN APPROVALS FOR LAND DISPOSAL FACILITIES As Of March 31, 1987 280-r N U M B E 210-- R 0 F P L A N S A P P R 0 V E D 14Q-- 70-- 0- QUARTERS LEGEND R/C-2(f) -117- ------- PERMITTING PROGRESS AT INCINERATORS o 16 FINAL DETERMINATIONS FOR INCINERATORS HAVE BEEN MADE IN FY 1987. 14 OF THESE DETERMINATIONS WERE MADE DURING THE SECOND QUARTER. - 10 PERMITS HAVE BEEN ISSUED. - O PERMITS HAVE BEEN DENIED. 6 CLOSURE PLANS HAVE BEEN APPROVED. O IN ADDITION, 13 DRAFT DETERMINATIONS HAVE BEEN ISSUED THROUGH THE SECOND QUARTER. o REGION V HAS COMPLETED THE ONLY TWO CORRECTIVE ACTION RFAs FOR INCINERATORS, -1 Ifl- ------- PERMITTING PROGRESS AT STORAGE AND TREATMENT FACILITIES o 102 FINAL DETERMINATIONS FOR STORAGE/TREATMENT FACILITIES HAVE BEEN MADE THROUGH THE SECOND QUARTER. 75 OF THESE WERE MADE DURING THE SECOND QUARTER. - 20 PERMITS HAVE BEEN ISSUED. - 2 PERMITS HAVE BEEN DENIED. - 80 CLOSURE PLANS HAVE BEEN APPROVED. o Ifcl ADDITION, THE REGIONS HAVE ISSUED 118 DRAFT DETERMINATIONS FOR STORAGE/ TREATMENT FACILITIES. 88 OF THESE WERE ISSUED DURING THE SECOND QUARTER. O THE REGIONS HAVE COMPLETED 18 CORRECTIVE ACTION RFAs AND HAVE IMPOSED ONE CORRECTIVE ACTION REMEDIAL INVESTIGATION FOR STORAGE/TREATMENT FACILITIES THROUGH THIS QUARTER. -119- ------- RCRA INSPECTIONS OF LAND DISPOSAL FACILITIES o EPA AND THE STATES EXCEEDED THEIR CUMULATIVE SECOND QUARTER TARGET FOR INSPECTIONS OF LAND DISPOSAL FACILITIES BY CONDUCTING 573 (114%) INSPECTIONS VERSUS A TARGET OF 503. RCRA INSPECTIONS OF TREATMENT AND STORAGE FACILITIES o EPA AND THE STATES EXCEEDED THEIR CUMULATIVE SECOND QUARTER TARGET FOR [NSPECTIONS OF TREATMENT AND STORAGE FACILITIES BY CONDUCTING 913 (127%) VERSUS A TARGET OF 718. RCRA INSPECTIONS OF FEDERAL, STATE, AND LOCAL GOVERNMENT TSDF's (EPA ONLY) O THE EPA REGIONS EXCEEDED THEIR CUMULATIVE SECOND QUARTER TARGET FOR INSPECTIONS OF FEDERAL, STATE, AND LOCAL TSDF's BY CONDUCTING 172 (145%) VERSUS A TARGET OF 119. -120- ------- 125 RCRA INSPECTIONS OF LAND DISPOSAL FACILITIES As Of March 31, 1987 125+ NATIONAL LEUELS II III R/E-2(a) V VI REGIONS LEGEND EPA A STATES VII VIII IX -121- ------- RCRA - PROGRESS ON ADDRESSING LAND DISPOSAL FACILITIES IN SIGNIFICANT NONCOMPLIANCE o THE RCRA ENFORCEMENT PROGRAM HAS IDENTIFIED 774 LAND DISPOSAL FACILITIES AS SIGNIFICANT NONCOMPLIERS AT THE BEGINNING-OF-THE- YEAR, WITH 514 HAVING HAD FORMAL ENFORCEMENT ACTION INITIATED PRIOR TO THE BEGINNING OF FY 1987. OF THE REMAINING 260 SNC's, ALL ARE TARGETED TO BE ADDRESSED THROUGH FORMAL ACTION OR RETURNED TO COM- PLIANCE BY THE END OF THE YEAR (70 EPA LEAD/190 STATE LEAD). o THE PROGRAM EXCEEDED ITS CUMULATIVE SECOND QUARTER TARGET FOR ADDRESSING SNC'S. ONE HUNDRED FORTY-SEVEN WERE PENDING AT THE END OF THE QUARTER AGAINST THE PROGRAM GOAL OF HAVING 164 PENDING. o THE DISTRIBUTION OF THE 774 SNC's IN THE FIXED BASE AT THE END OF THE SECOND QUARTER IS AS FOLLOWS: - 70 (9%) RETURNED TO PHYSICAL COMPLIANCE; - 290 (37%) ARE UNDER A FINAL, EFFECTIVE ADMINISTRATIVE ORDER, COURT JUDGMENT OR CONSENT DECREE; - 267 (34%) HAVE RECEIVED AN INITIAL ADMINISTRATIVE OR JUDICIAL COMPLAINT; AND, - 147 (19%) ARE PENDING. -122- ------- RCRA-PROGRESS ON ADDRESSING LAND DISPOSAL FACILITIES IN SIGNIFICANT NONCOMPLIANCE As Of March 31, 1987 Reduction of Fixed Base (Pending As Of October 1, 19BB) 800 T BOY 1 TARGET R/E-4(e) QUARTERS LEGEND D RETURNED TO COMPLIANCE H ON COMPLIANCE SCHEDULES E3 INITIAL ENFORCEMENT ACTION TAKEN PENDING -123- ------- RCRA ENFORCEMENT ACTIVITY FORMAL ADMINISTRATIVE ACTIONS o THROUGH THE SECOND QUARTER, TRATIVE ACTIONS TO TSDF's. LAST YEAR. THE EPA REGIONS ISSUED 83 FORMAL ADMINIS- THIS COMPARES WITH 77 FOR THE SAME PERIOD o THE STATES ISSUED 187 FORMAL ADMINISTRATIVE ACT EONS TO TSDF's THROUGH THE SECOND QUARTER COMPARED TO 153 IN THE FIRST TWO QUARTERS OF KY l');if>. CIVIL ACTIONS o THE EPA REGIONS REFERRED ELEVEN TWO QUARTERS COMPARED TO 25 FOR CIVIL ACTIONS UNDER RCRA IN THE FIRST THE SAME PERIOD LAST YE^R. o THE STATES FILED 16 CIVIL ACTIONS IN STATE COURTS THROUGH QUARTER COMPARED TO EIGHT EN THE FIRST TWO QUARTERS OF FY THE SECOND 1986. CRIMINAL REFERRALS o THE EPA REGIONS REFERRED SEVEN CRIMINAL ACTIONS UNDER RCRA DURING THE FIRST TWO QUARTERS OF FY 1987 COMPARED TO SEVEN FOR THE SAME PERIOD LAST YEAR. o THE STATES REPORTED THE FILING OF TWO CRIMINAL ACTIONS IN STATE COURTS DURING THE FIRST TWO QUARTERS OF FY 1987. NO STATE CRIMINAL ACTIONS WERE REPORTED AS BEING FILED DURING ALL OF FY 1986. -124- ------- 300T 250-- C U M U 200 A T I V 150 RCRA ENFORCEMENT ACTIVITY As Of March 31, 1987 ADMINISTRATIVE COMPLAINTS ISSUED TO TSDF's QUARTERS 0 R/E-6 LEGEND D STATES EPA CIVIL REFERRALS AGAINST TSDF's 2 3 QUARTERS -125- ------- RCRA FEDERAL FACILITIES STATUS PROGRESS AGAINST SIGNIFICANT NONCOMPLIANCE o FORTY-FIVE FACILITIES WERE REPORTED'AS BEING IN SIGNIFICANT NONOOMPLEANCE AT THE END OF THE QUARTER (IB ARE FEDERAL LEAD AND 27 M*E STATE LEAD). OF THESE, 24 (F[VE FEDERAL LEAD AND 19 STATE LEAD) WERE THE SUBJECT OF ENFORCEMENT ACTIONS THAT ADDRESSED ALL SIGNIFICANT NONCOMPLIANCE. IN THE FIRST QUARTER, 40 FEDERAL FACCLCTIES WERE REPORTED AS BEING IN SIGNIFICANT NONCOMPLIANCE. -126- ------- RCRA - FEDERAL FACILITIES STATUS As Of March 31, 1987 50-r 40-- 30-- 20-- 10-- PROGRESS AGAINST SNC R/E-5A LEGEND SNC/END OF QUARTER/UNADDRESSED SNC/END OF QUARTER/ADDRESSED -127- ------- UNDERGROUND STORAGE TANKS REGULATORY PROGRAM o THE FEDERAL REGULATORY" PROGRAM TO PREVENT POLLUTION CAUSED BY UNDERGROUND STORAGE TANKS (USTs) IS UNDER DEVELOPMENT. IN APRIL EPA PUBLISHED PROPOSED RULES WHICH COVERED ESTABLISHMENT OF FEDERALLY APPROVED STATE UST PROGRAMS, TECHNICAL REQUIREMENTS FOP. TANKS, AND FINAMCIAL RESPONSIBILITY REQUIREMENTS FOR TANK OWNERS. ENFORCEMENT OF INTERIM PROHIBITION o DURING THE FIRST HALF OF FY 1987, 1,135 TANKS WERE DETERMINED TO BE IN VIOLATION OF PROVISIONS OF THE INTERIM PROHIBITION. 1,044, OR 98%, OF THE VIOLATORS WERE IDENTIFIED BY STATES IN REGION IV AND REGION VIII. 187 VIOLATING TANKS (119 IN SOUTH CAROLINA) HAVE BEEN BROUGHT INTO COMPLIANCE. THE INTERIM PROHIBITION IS EXPECTED TO END f -' .I'J'.V 19R8, AFTER FINAL RULES ARE ISSUED. ------- UNDERGROUND STORAGE TANKS STATE PROGRAMS o IN THE FIRST QUARTER, STATES ESTIMATED THAT, NATIONWIDE, ABOUT 2.3 MILLION UNDERGROUND STORAGE TANKS (USTs) PALL UNDER REQUIREMENTS OF FEDERAL UST LAWS. IN FIRST AND SECOND QUARTERS, EPA SURVEYED THE STATES TO ESTABLISH WHICH HAVE UST PROGRAMS AND/OR LAWS AND REGULA- TIONS TO ENABLE FEDERALLY APPROVED PROGRAMS. o 36 STATES CURRENTLY OPERATE THEIR OWN PROGRAMS FOR REGULATING UNDERGROUND STORAGE TANKS. THESE STATES HAVE 2 MILLION UNDERGROUND TANKS, OR 86% OF THE NATIONAL UNIVERSE. OF THE STATES WITH PROGRAMS, ONLY 10 HAVE LAWS AND DRAFT REGULATIONS WHICH MAY PROVIDE FOR A FEDERALLY APPROVED PROGRAM. O SIX STATES HAVE A LAW OR DRAFT REGS BUT HAVE NO UST PROGRAM IN PLACR. THESE STATES HAVE AN ESTIMATED 121,000 TANKS, OR 5% OF THE NATIONAL UNIVERSE. o 14 STATES AND TERRITORIES HAVE NO PROGRAM, NO ENABLING LAW AND NO REGS THESE AREAS HAVE AN ESTIMATED 230,000 UNDERGROUND TANKS, OR LESS THAN 10% OF THE NATIONAL UNIVERSE. -129- ------- aaai^^^g^iBsai^^&aa^^ % Office of Pesticides and Toxic Substances asaaaa^imiiiai^^ -131- ------- OFFICE OF PESTICIDES AND TOXIC SUBSTANCES SECOND QUARTER HIGHLIGHTS O OPTS DID WELL DURING THE SECOND QUARTER, NEARLY MEETING OR EXCEEDING MOST OF ITS CUMULATIVE TARGETS IN BOTH THE PESTICIDES AND TOXIC SUBSTANCES PROGRAMS. CUMULATIVE TARGETS WERE NOT MET FOR PESTICIDE REGISTRATION APPLICATIONS, TOLERANCE PETITIONS, OR EXISTING CHEMICALS' TESTING ACTIONS. o BACKLOGS INCREASED FOR 3 OF THE 4 CATEGORIES OF PESTICIDE REGISTRATION APPLICATIONS, AND EMERGENCY EXEMPTIONS. THE BACKLOG OF PESTICIDE TOLERANCE PETITION APPLICATIONS DECREASED. o THE ASBESTOS ACTION PROGRAM EXCEEDED ALL OF ITS TARGETS. THE NUMBER OF HAZARD REDUCTIONS FOR PRIORITY #1 PROJECTS (UNFUNDED BY 1986 ASHAA) HAS ALREADY EXCEEDED THE NUMBER OF REDUCTIONS TARGETED FOR THE END OF FY 1987. O THE STATES EXCEEDED THEIR FIFRA INSPECTION COMMITMENTS. OTHER PESTICIDE ENFORCEMENT ACTIVITIES ARE BELOW LEVELS OF A YEAR AGO. o THE REGIONS AND STATES HAVE GENERALLY MET SECOND QUARTER TSCA INSPECTION TARGETS. TSCA ADMINISTRATIVE ENFORCEMENT ACTIONS ARE ABOVE LEVELS OF A YEAR AGO. -133- ------- PESTICIDE DATA CALL-IN o THE DATA CALL-IN ACTIVITY WAS RESTRUCTURED TO BECOME A PART OF THE ACCELERATED REREGISTRATION PROJECT. AS A RESULT, OPTS ISSUED DATA CALL-IN NOTICES (TOXICOLOGY AND EXPOSURE DATA) FOR 304 ANTI-MICROBIAL CHEMICALS, WHICH EXCEEDS THE END-OF-YEAR TARGET OF 50 BY 600%. o A GENERIC DATA EXEMPTION CALL-IN WAS ALSO ISSUED TO APPROXIMATELY 6,200 REGISTRANTS TO ESTABLISH WHICH FIRMS ARE RESPONSIBLE FOR PRODUCING GENERIC DATA AND WHICH ARE SUBJECT TO THE FORMULATOR'S EXEMPTION. -134- ------- PESTICIDE DATA CALL-IN CULULATIVE NUMBER OF FY 1987 CHEMICALS As Of March 31, 1987 320-r P-1 QUARTERS LEGEND -* TARGEJ -*- ACTUAL -135- ------- PESTICIDE REGISTRATION STANDARDS o OPTS HAS ESTABLISHED 12 REGISTRATION STANDARDS DURING FY 1987, MEET IMG ITS CUMULATIVE SECOND QUARTER TARGET. o DURING THE SECOND QUARTER, REGISTRATION STANDARDS (COVERING EIGHT ACTIVE INGREDIENTS) WERE ISSUED FOR PENTACHLORONITROBENZENE, DODINE, PROPHAM, PROMETRYN, DICHLOBENIL, PHENMEDIPHAM, VENDEX, AND METHIOCARB (MERUROL). THESE EIGHT STANDARDS COVER 382 PESTICIDE PRODUCTS AND APPROXIMATELY 0.4% OF THE PESTICIDES USED IN THE UNITED STATES. o SINCE THE PROGRAM WAS ESTABLISHED IN 1980, OPTS HAS ISSUED REGISTRATION STANDARDS COVERING: 10,333 PESTICIDE PRODUCTS OUT OF A UNIVERSE OF APPROXIMATELY 45,000, 81.3% OF THE PESTICIDES USED (BY VOLUME) IN THE UNITED STATES. 178 PESTICIDE ACTIVE INGREDIENTS OUT OF A TOTAL OF 578. -136- ------- PESTICIDE REGISTRATION STANDARDS CUMULATIVE NUMBER OF STANDARDS ESTABLISHED As Of March 31, 1987 X x X P-2 QUARTERS LEGEND * TARGET »- ACTUAL -137- ------- IMPLEMENTATION OF REGISTRATION STANDARDS o THES IS A REVISED MEASURE TO MORE ACCURATELY ASSESS PROGRESS FROM THE INTERIM REGISTRATION STANDARD ( RS ) TO THE FINAL REGULATORY STANDARD AND TOLERANCE REASSESSMENT (FRSTR). REPORTING AGAINST THIS MEASURE BEGAN THIS QUARTER. o A RS ENTERS PRE-STAGE 1 WHEN IT HAS BEEN SIGNED AND REMAINS THERE UNTIL ALL REGISTRANT RESPONSES HAVE BEEN PROCESSED. EtGHT RSs ENTERED PRE-STAGE 1 DURING THE SECOND QUARTER, AGAINST A QUARTERLY TARGET OF SIX. 67 RSs ARE IN THE PRE-STAGE 1 BASELINE, AS OF 3/31/87. o ST/^ILI IS REACHED WHEN COMMITMENTS FOR ALL OF THE GENERIC DATA REQUIREMENTS HAVE BEEN MADE AND THERE ARE NO OVERDUE GENERIC DATA REQUIREMENTS, OR ACTION HAS BEEN INITIATED TO REMOVE PRODUCTS OR UNSUPPORTED USES OF THE CHEMICAL FROM THE MARKETPLACE. G THE SECOND QUARTER, OPTS MET ITS TARGET, WITH FOUR RSS REACHING 1 (2: COMMITMENTS MADE, 1: PRODUCTS SUSPENDED, 1: PRODUCTS CANCELLED). 68 RSs ARE IN STAGE 1 BASELINE, AS OF 3/31/87. o STAGE 2 IS REACHED WHEN ALL DATA TO FULFILL GENERIC DATA COMMITMENTS HAVE BEEN SUBMITTED. DURING THE SECOND QUARTER, ONE CHEMICAL REACHED STAGE 2, MEETING ITS END-OF-YEAR TARGET. 17 RSs ARE IN STAGE 2 BASELINE, AS OF 3/31/87. o STAGE 3 IS REACHED WHEN ALL STUDIES HAVE BF.EN SUBMITTED, REVIEWED, AND ACCEPTED, AND A FINAL REGULATORY POSITION (FINAL REGULATORY STANDARD AND TOLERANCE REASSESSMENT - FRSTR) ON THE CHEMICAL HAS BEEN ESTABLISHED. THE COMPLETION OF A FRSTR DURING FY 1987 IS NOT TARGETED UNTIL THE FOURTH QUARTER. TWO FRSTRs (METOLACHLOR AND ALLIETTE) ARE IN STAGE 3 BASELINE, AS OF 3/31/87. -138- ------- IMPLEMENTATION OF REGISTRATION STANDARDS CUMULATIVE NUMBER OF STANDARDS As Of March 31, 1987 PRE- STAGE 1 P-3 STAGES LEGEND I ACTUAL 3 TARGET BASELINE* PRE- STAGE 1 STAGES *Number of Reg. Standards in each stage as of 3/31/87. -139- ------- PESTICIDE SPECIAL REVIEWS o OPTS HAS COMPLETED FIVE SPECIAL REVIEW DECISIONS DURING FY 1987, MEETLNG ITS CUMULATIVE SECOND QUARTER TARGET. o DURING THE SECOND QUARTER, OPTS REACHED AN AGENCY FINAL DECISION (PD 4) FOR PENTACHLOROPHENOL. -140- ------- PESTICIDE SPECIAL REVIEW ACTIONS CUMULATIVE NUMBER OF ACTIONS COMPLETED As Of March 31, 1987 15-r 0- P-4- QUARTERS LEGEND -*- IARGET -t- ACTUAL -141- ------- REVIEWS OF STUDIES OPTS FELL SHORT OF ITS FIRST QUARTER TARGET IN THIS ACTIVITY; HOWEVER, IT INCREASED DRAMATICALLY THE NUMBER OF STUDIES REVIEWED (RECEIVED AS A RESULT OF DATA CALL-IN, REGISTRATION STANDARDS, OR NOTICES OF ADVERSE EFFECTS) DURING THE SECOND QUARTER. AS A RESULT, OPTS REVIEWED 223 STUDIES DURING FY 1987, AGAINST A CUMULATIVE SECOND QUARTER TARGET OF 230, ACHIEVING 97% OF TARGET. -142- ------- REVIEWS OF STUDIES CUMULATIVE NUMBER OF REVIEWS COMPLETED As Of March 31, 1987 500 P-5 QUARTERS LEGEND * TARGET ACTUAL -143- ------- PESTICIDE REGISTRATION APPLICATIONS o OPTS FELL SHORT OF CUMULATIVE SECOND QUARTER TARGETS FOR FINAL DECISIONS MADE ON REGISTRATION APPLICATIONS, ACHIEVING FOR: - NEW ACTIVE INGREDIENTS 57% OF TARGET (4 VS 7) - AMENDED REGISTRATIONS 78% OF TARGET (1,655 VS 2,110) - NEW USES 80% OF TARGET (32 VS 40) - OLD CHEMICALS 96% OF TARGET (747 VS 780) o THE FIRST QUARTER TARGETS FOR NEW USES AND OLD CHEMICAL REGISTRATION APPLICATIONS WERE NOT MET; HOWEVER, DURING THE SECOND QUARTER, ACTIVITY INCREASED GREATLY, BRINGING THESE CATEGORIES CLOSER TO ACHIEVING THE CUMULATIVE TARGETS. Mlt: ».M (STRATION BACKLOG INCREASED BY 24% DURING THE SECOND QUARTER, ('ROM if '45 TO 2,403. THE BACKLOG INCREASED FOR: - i'lvJ USES BY 9% (FROM 65 TO 71) - '>I,IJ CHEMICALS BY 16% (FROM 714 TO 831) - ''MENDED REGISTRATIONS BY 30% (FROM 1,139 TO 1,481). THE BACKLOG DECREASED FOR: - NEW ACTIVE INGREDIENTS BY 26% (FROM 27 TO 20). -144- ------- PESTICIDE REGISTRATION APPLICATIONS CUMULATIVE NUMBER OF FINAL DECISIONS As Of March 31, 1987 4QQQT 3000 2000-- 1000-- OVERDUE ACTIONS 2500i 2000 1500 10DD 50& "J . -s 1 1 1 1 61234 ACTIVE INGREDIENT NEW USES AMENDED REGISTRATION OLD CHEMICALS P-6 LEGEND I ACTUAL 3 TARGET QUARTERS -145- ------- EMERGENCY EXEMPTIONS FOR PESTICIDES o OPTS HAS MADE FINAL DECISIONS ON 111 EMERGENCY EXEMPTION APPLICATIONS AGAINST A CUMULATIVE SECOND QUARTER TARGET OF 95, ACHIEVING 117% OF TARGET. o OF THE 111 FINAL DECISIONS MADE DURING FY 1987, 83% (OR 92) WERE ISSUED EMERGENCY EXEMPTIONS AND 17% (OR 19) WERE DENIED. o THE BACKLOG OF APPLICATIONS NOT PROCESSED WITHIN THE ALLOTTED TIMEFRAME INCREASED DURING THE SECOND QUARTER FROM 1 TO 8. PESTICIDE TOLERANCE PETITIONS o OPTS HAS MADE FINAL DECISIONS ON 35 TOLERANCE PETITIONS, AGAINST A CUMULATIVE SECOND QUARTER TARGET OF 42, FOR 83% OF TARGET. o THE BACKLOG OF APPLICATIONS DECREASED BY 30% DURING THE SECOND QUARTER FROM 74 TO 52. -147- ------- STATE PESTICIDE CERTIFICATION AND TRAINING PROGRAM o OPTS HEADQUARTERS AND REGIONS HAVE COMPLETED THEIR REVIEW OF THE STATE PESTICIDE CERTIFICATION AND TRAINING (C & T) PLANS AND PROGRAMS 53 STATE PROGRAMS WERE REVIEWED AND AGREEMENT ON RECOMMENDED CHANGES WERE REACHED, MEETING THE CUMULATIVE SECOND QUARTER TARGET- o OF THE PROGRAMS REVIEWED, 13 WERE IDENTIFIED AS HAVING PRIORITY NEEDS AND 40 WERE IDENTIFIED AS HAVING SECONDARY NEEDS. o DEVELOPMENT OF THE FINAL SCHEDULES FOR CORRECTIVE ACTION OF THE 13 STATE PROGRAMS IDENTIFIED AS HAVING PRIORITY NEEDS WILL BE TRACKED IN SPMS. THESE PROGRAMS' SCHEDULES OF CORRECTIVE ACTION ARE TARGETED TO BE APPROVED BY THE END OF FY 1987. THE HEADQUARTERS C & T PROGRAM AND REGIONAL OFFICES WILL ALSO BE TRACKING THE SCHEDULES FOR THE REMAINING STATES- -148- ------- 0 STATE PESTICIDE AND TRAINING PROGRAMS CUMULATIVE NUMBER OF PROGRAMS REVIEWED* As Of March 31, 1987 6D-r N u M E 40-- 3Q-- P R 0 G 20 R A M s 10 0 P-9 1 2 QUARTERS LEGEND -* TARGET -+ ACTUAL *Thls measure Is In effect for First and Second Quarters FY 1987 only. -149- ------- FIFRA COMPLIANCE MONITORING INSPECTIONS AND COMPLIANCE LEVELS O IN THE FIRST QUARTER OF FY 1987*, THE STATES COMPLETED 5,451 FIFRA COMPLIANCE INSPECTIONS FOR USE AND RESTRICTED USE PESTICIDE DEALERS, COMPLETING 170% OF THEIR STATE GRANT TARGETS. o THE STATES REPORTED TAKING 1,249 ENFORCEMENT ACTIONS IN THE FIRST QUARTER, REPRESENTING A VIOLATION LEVEL OF 23% FOR "USE" INSPECTIONS. THIS RATE WAS 22% AT THE END OF FY 1986. o FOR THE SECOND QUARTER OF FY 1987, REGIONS VII AND VIII, WITH NON- DELEGATED PROGRAMS, COMPLETED r\ TOTAL OF 77 USE INSPECTIONS, ACHIEVING 78% AND 84%, RESPECTIVELY, OF THEIR SECOND QUARTER TARGETS. *STATE DATA IS LAGGED ONE QUARTER. -150- ------- p E R C E N T 0 F M A U R G V E Q U A R T E R L Y FIFRA COMPLIANCE MONITORING INSPECTIONS AND COMPLIANCE LEVELS FOR STATE ACTIVITIES As Of December 31, 1986 125-r "USE" INSPECTION LEVELS Compliance Status 10Q-- 75-- 125+ - TARGET 50-- 23% 77X 25-- LEGEND VIOLATION WITH ACTION TAKEN NO ACTION WARRANTED OR COMPLIANCE DETERMINATION PENDING V VI REGIONS Vffl IX 5,451 USE INSPECTIONS CONDUCTED P/E-1 -151- ------- ADDRESSING FIFRA SIGNIFICANT NONCOMPLIANCE o DURING THE FIRST AND SECOND QUARTERS, THE REGIONS REFERRED TO THE STATES A TOTAL OF 38 SIGNIFICANT USE VIOLATIONS FOR INVESTIGATION AND ENFORCEMENT ACTION. A YEAR AGO 96 HAD BEEN REFERRED. AT THE END OF THE SECOND QUARTER, OF THE 38 CASES: 1(3%) WAS ADDRESSED BEYOND THE TIMEFRAME. 10 (26%) WERE PENDING ACTION WITHIN THE TIMEFRAME. 27 (71%) WERE ADDRESSED WtTHIN THE TIMEFRAME. O BY THE END OF THE SECOND QUARTER, THE REGIONS HAD IDENTIFIED SEVEN SIGNIFICANT VIOLATOR CASES FOR EPA ACTION. FOUR OF THE CASES WERE ADDRESSED AND TWO OF THESE WERE CLOSED BY THE END OF THE QUARTER. THREE CASES WERE PENDING ENFORCEMENT ACTION. FIFRA ENFORCEMENT ACTION O THE REGIONS ISSUED A TOTAL OF 86 ADMINISTRATIVE COMPLAINTS BY THE END OF THE SECOND QUARTER, COMPARED TO 101 A YEAR AGO. THERE HAVE BEEN TWO CIVIL REFERRALS TO HEADQUARTERS, ONE EACH FROM REGION IV AND VIII, AND ONE CRIMINAL REFERRAL FROM REGION VIII FOR THE YEAR- TO-DATE. -152- ------- V E N U M B E R 0 F E S E F E ADDRESSING FIFRA SIGNIFICANT NONCOMPLIANCE As Of March 31, 1987 REFERRALS TO STATES 4QT C U M U C 30- - L A A T 20-- P/E-3,4 1234 QUARTERS LEGEND NOT ADDRESSED BEYOND TIME FRAME E3 ADDRESSED BEYOND TIMEFRAME 0 PENDING WITHIN TIMEFRAME D ADDRESSED WITHIN TIMEFRAME EPA CASES AND REFERRALS FROM STATES 1Q-r L C U M U C A A S T E I S V E N U R E F E M R B R E E R D 0 F a-- VIOLATOR PENDING CASES CASES DETECTED ENFORCEMENT ISSUED CLOSED ACTION -153- ------- TSCA EXISTING CHEMICAL REVIEWS o THERE ARE CURRENTLY 66,000 CHEMICALS ON THE TSCA INVENTORY (OF THESE, MORE: THAN 3,600 HAVE UNDERGONE; PREMANUFACTURE REVIEW AS PART OF THE NEW CHEMICALS PROGRAM). OPTS ANNUALLY RECEIVES ABOUT 500 REPORTS ON 100 CHEMICALS NOTIFYING THE AGENCY OF A POTENTIAL RISK. AFTER SCREENING, CHEMICALS OF CONCERN ENTER THE EXISTING CHEMICALS PIPELINE. TO DATE THE PROGRAM HAS SCREENED APPROXIMATELY 4,000 CHEMICALS. THE PROGRAM HAS TAKEN 38 FINAL RISK MANAGEMENT ACTIONS* ON 32 CHEMICALS (11 OF THESE ACTIONS WERE ON PCBs) SINCE ITS INCEPTION IN 1979. THERE ARE CURRENTLY 71 CHEMICALS IN THE PIPELINE. o OPTS HAS COMPLETED SEVEN RISK MANAGEMENT ACTIONS, AGAINST A CUMULATIVE SECOND QUARTER TARGET OF EIGHT. o SIX RISK MANAGEMENT ACTIONS WERE COMPLETED DURING THE SECOND QUARTER. THESP, ACTIONS INCLUDED A SECTION 6 NFRM ON ASBESTOS WORKER PROTECTION TRAINING, TWO SECTION 5 SNURs (NFRM) ON PBBs (8 CHEMICALS) AND TRIS, AND THREE SECTION 5 SNURs (NPRM) ON HEXAFLUOROPROPYLENE OXIDE, TRICHLOROBUTYLENE OXIDE, AND EPIBROMOHYDRIN. * .A FINAL RISK MANAGEMENT ACTION IS A SECTION 6 FINAL RULEMAKING (NFRM), SECTION 9 REFERRAL, SECTION 5 FINAL SIGNIFICANT NEW USE RULE (SNUR), OR A CHEMICAL ADVISORY. -154- ------- DISPOSITION OF CHEMICALS IN THE EXISTING CHEMICALS PIPELINE RISK IDENTIFICATION PHASE (RIP) NUMBER OF CHEMICALS IFrTHiS^PHASE AT BEGINNlNG~~orQUARTER~ F-NTERED DURING THE QUARTER REFERRED TO NEXT PHASE REFERRED TO RISK MANAGEMENT PHASE REQUIRING NO FURTHER ANALYSIS ANALYSIS .R 32 8 4 1 1 34 G) RISK EVALUATION PHASE (REP) NUMBER OF CHEMICALS [FTTHlS PHASE AT BEGINNING "OF" QUARTER" ENTERED DURING THE QUARTER REFFERED TO NEXT PHASE REQUIRING NO FURTHER ANALYSIS REQUIRING FURTHFR ANALYSIS 17 5 0 19 RISK MANAGEMENT PHASE (RMP) |N~THIS"PHASE AT BEGINNING OFQUARTEFT ENTERED DURING THE QUARTER CUMULATIVE TARGET CUMULATIVE RISK MANAGEMENT ACTIONS 15 6 T-1.2 Risk Identification Phase Entry Review, Problem Characterization Risk Evaluation Phase Info. Gathering and Risk Analysis Risk Management Phase Risk Reduction Analysis Risk Management Actions Nine oherni^ils eneore-1 the |>i]>el ine in Q2: I/ 8 etitet'hl IUI>; 2/ 1 ent ored KKI'. - / i .-i ;.,,\ .:,,,»,.r,,,] |(MI> flljm Rn>; ) i.-heiaioils onLnr.^1 I«MI' fron Ri:i'; ,-jn.l ? r-l«i.\iiMls are in l»)t.h RI'.P rind RMI' (1 ------- TSCA NEW CHEMICAL REVIEWS NEW CHEMICAL NOTICES; o OPTS REVIEWED 566 NEW CHEMICAL SUBMISSIONS, OF WHICH 448 (79%) WERE PRE-MANUFACTURE NOTICES (PMNs), 55 (10%) WERE POLYMER EXEMPTIONS, 60 (11%) WERE LOW VOLUME EXEMPTIONS, AND 3 (.5%) WERE TEST MARKET EXEMPTIONS. o 605 NEW CHEMICAL DECISIONS WERE MADE, OF WHICH 487 (80%) CONCERNED PMNs AND 118 (20%) CONCERNED EXEMPTIONS: - 78 NEW CHEMICALS (13%) WERE SUSPENDED, WITHDRAWN, DENIED, OR SUBJECTED TO AN EPA ORDER OR OTHER ACTION TO CONTROL POTENTIAL RISK; 3 NEW CHEMICALS (.5%) WERE REFERRED TO FOLLOW-UP; AND 524 (87%) REQUIRED NO FURTHER ACTION. NEW CHEMICAL FOLLOW-UP; o ONE NEW CHEMICAL FOLLOW-UP ACTION HAS BEEN TAKEN DURING FY 1987 (SECOND QUARTER). THE ACTION WAS A SECTION 5 SNUR (NPRM). FIFTEEN ACTIONS ARE EXPECTED BY THE END OF FY 1987. -1 56- ------- TESTING ACTIONS (POST-INITIAL INTERAGENCY TESTING COMMITTEE (ITC) AND/OR NON-ITC) o OPTS HAS COMPLETED 5 TESTING ACTIONS, AGAINST A CUMULATIVE SECOND QUARTER TARGET OF 15, FOR 33% OF TARGET. o DURING THE SECOND QUARTER, 3 TESTING ACTIONS WERE COMPLETED; THEY WERE POST-INITIAL-ITC TESTING ACTIONS (NOTICES OF FINAL RULEMAKING). TSCA §8 INFORMATION GATHERING RULES o THIS MEASURE REPORTS THE NUMBER OF TSCA §8 INFORMATION GATHKKING RULES PUBLISHED AND THE NUMBER OF CHEMICALS COVERED BY THOSK RULKS. O TSCA §8 PROVIDES THE AGENCY WITH BROAD INFORMATION GATHER! iK. AND RECORDKEEPING AUTHORITIES, INCLUDING THE AUTHORITY TO REQU . ki% i'Hi' SUBMISSION OF HEALTH AND EXPOSURE DATA, UNPUBLISHED HEALTH AND SAFETY STUDIES, AND RECORDS OF ALLEGATION OF SIGNIFICANT ADVERSE REACTIONS TO HEALTH OR THE ENVIRONMENT. o OPTS HAS PUBLISHED FOUR TSCA §8 RULES (COVERING 107 CHEMICALS), AGAINST A CUMULATIVE SECOND QUARTER TARGET OF FIVE. -157- ------- ASBESTOS ACTION PROGRAM ASBESTOS SCHOOL HAZARD ABATEMENT ACT D Till; REGIONS HAVE CONDUCTED 53 PROJECT CLOSE-OUT EVALUATIONS DURING FY 19 '7, AGAINST A CUMULATIVE SECOND QUARTER TARGET OF 13, ACHIEVING 40!',','. ')F TARGET. o ASBESTOS HAZARD WAS REDUCED AT 290 PRIORITY #1 PROJECTS (NOT FUNDED BY ASHAA) DURING FY 1987, EXCEEDING ITS END-OF-YEAR TARGET OF 164, FOR J 77% OF TARGET. -158- ------- ASBSETOS ACTION PROGRAM Evaluations Confirming Abatement at School Projects (1986) As Of March 31, 1987 STATUS OF PRIORITY PROJECTS 2000^ 1500 1000- 500 II III IV T-10,11 V VI REGIONS LEGEND ACTUAL TARGET VII VIII IX LEGEND y KEY PROJECTS K'Of YET ADDRCSSBJ 0 FUNDED A5HAA PROJECTS BBNG ADDRESSED H HAZARD REDUCED W/0 ASHAA FUNDING -159- ------- TSCA INSPECTIONS AND COMPLIANCE LEVELS o THE REGIONS AND HEADQUARTERS EXCEEDED (120%) THEIR SECOND QUARTER TARGET FOR TSCA COMPLIANCE INSPECTIONS, CONDUCTING 2,371 INSPECTIONS VERSUS A TARGET OF 1,975. THE 19 STATES WITH INSPECTION GRANTS CONDUCTED 896 INSPECTIONS, OR 99% OF COMMITMENTS FOR THE SECOND QUARTER. o OF THE TOTAL 3,267 EPA AND STATE INSPECTIONS: 30% WERE IN COMPLIANCE. - 27% WERE IN VIOLATION. - 43% WERE PENDING A COMPLIANCE DETERMINATION. o OF 1,858 INSPECTIONS FOR WHICH A COMPLIANCE DETERMINATION WAS MADE BY THE END OF THE QUARTER, 47% WERE IN VIOLATION. A YEAR AGO THIS VIOLATION RATE WAS 42%. -160- ------- TSCA INSPECTIONS AND COMPLIANCE LEVELS As Of March 31, 1987 125-r=.- 3,287 INSPECTIONS CONDUCTED -TARGET Compliance fl "" \f. II III IV T/E-1 V VI VII VIII IX REGIONS LEGEND EPA 0 STATES X LEGEND 27X & IN VIOLATION 43% 0 COMPLIANCE DETERMINATION PENDING 30% D IN COMPLIANCE -161- ------- RESPONSE TO TSCA SIGNIFICANT NONCOMPLIANCE o THE REGIONS HAD A BEGINNING-OF-YEAR INVENTORY OF 584 OPEN TSCA SIGNIFICANT NONCOMPLIER CASES. BY THE END OF THE SECOND QUARTER THE REGIONS HAD CLOSED 334 (57%) CASES ON THE INVENTORY. A YEAR AGO THE REGIONS HAD CLOSED 326 CASES. THE INVENTORY NOW CONSISTS OF 250 CASES, ALL OPEN MORE THAN SIX MONTHS. o THE REGIONS IDENTIFIED 311 NErt SIGNIFICANT VIOLATORS IN THE SECOND QUARTER FOR A TOTAL OF 724 YEAR-TO-DATE. OF THE 724: 304 (53%) WERE PENDING ENFORCEMENT ACTION. 340 (47%) HAD ACTION TAKEN (CASES ISSUED), OF WHICH 143 (42%) WERE ISSUED IN 180 DAYS OF INSPECTION, AND - 197 (58%) WERE ISSUED BEYOND 180 DAYS OF INSPECTION. 47 OF THE CASES ISSUED WERE CLOSED BY THE END OF THE QUARTER, A YEAR AGO THE REGIONS HAD IDENTIFIED 356 NEW VIOLATORS THROUGH THE SECOND QUARTER, AND HAD TAKEN ACTION ON 32% OF THEM. TSCA ENFORCEMENT ACTIVITY o BY THE END OF THE SECOND QUARTER, THE REGIONS HAD ISSUED A TOTAL OF 45) ADMINISTRATIVE COMPLAINTS, COMPARED TO 296 THROUGH THE SECOND ;)ll \KITR LAST YEAR. THERE HAVE BEEN FIVE TSCA CIVIL CASES AND ONE C.T.IMI ''*!, CASK REFERRED TO HEADQUARTERS IN THE YEAR-TO-DATE. A YEAR A(,D I'HERE WERE FOUR CIVIL <\ND ONE CRIMINAL REFERRALS. -162- ------- RESPONSE TO TSCA SIGNIFICANT NONCOMPLJANCE As Of March 31, 1987 PROGRESS AGAINST FIXED BASE 6QDT BOY 02 03 04 T/E-3,4 LEGEND D PRE 87 CLOSED m OPEN MORE THAN 6 MONTHS E3 OPEN 6 MONTHS OR LESS PROGRESS AGAINST NEW VIOLATORS BQO-r VIOLATORS PENDING CASES CASES DETECTED ENFORCEMENT ISSUED CLOSED ACTION LEGEND D CASES ISSUED WITHIN 1BD DAYS CASES ISSUED BEYOND 180 DAYS -163- ------- RESPONSE TO TSCA SIGNIFICANT NONCOMPLIANCE IN FEDERAL FACILITIES o THE REGIONS HAD A BEGINNING-OF-YEAR INVENTORY OF 26 OPEN TSCA FEDERAL FACILITY SNC CASES. AT THE END OF THE SECOND QUARTER 15 OF THE CASES WERE CLOSED. o DURING THE SECOND QUARTER THE REGIONS IDENTIFIED NINE NEW SIGNIFI- CANT VIOLATORS IN FEDERAL FACILITIES FOR A TOTAL OF 33 YEAR-TO-DATE. OF THESE 33: 11 (33%) WERE PENDING ENFORCEMENT ACTION. - 22 (67%) HAD ACTION TAKEN, OF WHICH 10 (45%) HAD ACTION TAKEN IN 180 DAYS OF INSPECTION, AND 12 (55%) HAD ACTION TAKEN BEYOND 180 DAYS OF INSPECTION. IS OF THE 22 ACTIONS WERE CLOSED BY THE END OF THE QUARTER. A YEAR ,AGO THE REGIONS HAD IDENTIFIED 21 NEW SIGNIFICANT VIOLATORS IN FEDERAL FACILITIES AND HAD TAKEN ACTION AGAINST 8 (38%) OF THEM. -164- ------- RESPONSE TO TSCA SIGNIFICANT NONCOMPLIANCE IN FEDERAL FACILITIES As Of March 31, 1987 PROGRESS AGAINST FIXED BASE 30-r BOY 02 03 04 T/E-5 LEGEND D PRE 87 CLOSED [§j OPEN MORE THAN 6 MONTHS ffl OPEN 6 MONTHS OR LESS PROGRESS AGAINST NEW VIOLATORS 5DT 0 VIOLATOR PENDING ACTION ACTION DETECTED ENFORCEMENT TAKEN CLOSED ACTION LEGEND D ACTION TAKEN WITHIN 180 DAYS ACTION TAKEN BEYOND 180 DAYS -165- ------- Office of Enforcement and Compliance Monitoring -167- ------- CIVIL ACTION PROCESSING TIME o OECM HAS REVIEWED AND FORWARDED A CUMULATIVE TOTAL OP 65 CIVIL REFERRALS TO THE DEPARTMENT OF JUSTICE DURING THE FIRST (50) AND SECOND (15) QUARTERS COMPARED TO 126 CASES DURING THE FIRST TWO QUARTERS LAST YEAR. (TOTAL FY 198.6 REFERRALS WERE 221). o THE AVERAGE TARGETED REVIEW TIME FOR THE QUARTER WAS 34 DAYS MEETING THE 35 DAY TARGET. WHILE THE AVERAGE TARGET WAS MET, SEVERAL CASES EXCEEDED THE 35 DAY DEADLINE. o OECM REVIEWED AND COMPLETED THE CHECKLIST FOR 10 DIRECT CIVIL REFERRALS IN THE SECOND QUARTER WITHIN THE AVERAGE TARGETED REVIEW TIME OF 30 DAYS. CIVIL REFERRAL ACTIVITY o THE REGIONS MADE 39 NEW CIVIL REFERRALS TO HEADQUARTERS AND 23 DIRECT REFERRALS TO THE DEPARTMENT OF JUSTICE DURING THE SECOND QUARTER. CUMULATIVELY 56 NEW CIVIL REFERRALS TO HQ AND 34 DIRECT REFERRALS HAVE BEEN MADE COMPARED TO 101 AND 35 REFERRALS OVER THE SAME SIX MONTHS LAST YEAR. O NINE REFERRALS WERE WITHDRAWN, DECLINED OR RETURNED TO THE REG[ON, THE YEARLY CUMULATIVE TOTAL OF 25 IS COMPARABLE TO 27 AT THIS TTMK r A^T YRAR . ------- FOLLOW-THROUGH ON ACTIVE CIVIL CASE DOCKET o 644 CIVIL CASES WERE PENDING AT THE DEPARTMENT OF JUSTICE OR FILED IN COURT AS OF 10/1/86. 652 CASES WERE PENDING AT THE DEPARTMENT OF JUSTICE AT THE END OF SECOND QUARTER. (127, OR 34%, OF THESE CASES HAD BEEN ON-GOING MORE THAN TWO YEARS SINCE BEING FILED.) AS OF THE CLOSE OF THE QUARTER: 63 ( 9%) HAD BEEN CONCLUDED AFTER FILING. - 377 (58%) WERE FILED IN U.S. COURT. 5(1%) HAD BEEN WITHDRAWN/DECLINED BY EPA OR THE DEPARTMENT OF JUSTICE, - 207 (32%) WERE PENDING AT THE DEPARTMENT OF JUSTICE. o 39 NEW CIVIL CASES WERE REFERRED TO THE DEPARTMENT OF JUSTICE DURING THE SECOND QUARTER MAKING THE YEARLY CUMULATIVE TOTAL 56. (LAST YEAR 101 WERE REFERRED THRU THE SECOND QUARTER). AS OF THE CLOSE OF THE QUARTER FOR THE 39 NEW SECOND QUARTER REFERRALS: 5 (13%) HAD BEEN FILED IN U.S. COURT. - 34 (87%) WERE PENDING AT THE DEPARTMENT OF JUSTICE. o THE TOTAL NUMBER OF ACTIVE CASE'S REMAINING WAS 623. ------- 700r- FOLLOW-THROUGH ON ACTIVE CIVIL CASE DOCKET As Of March 31, 1987 BOY CIVIL CASE DOCKET E/C-4.5 QUARTERS LEGEND S CASES CONCLUDED E3 CASES FILED IN COURT D CASES WITH DRAWN/DECU NED CASES PENDING AT DOJ REFERRALS TO DOJ 66-r CUMULATIVE CASES PENDING CASES CASES NEW FILED AT DOJ WITHDRAWN CONCLUDED ------- CONSENT DECREE TRACKING o THER WERE 354 ACTIVE CONSENT DECREES IN THE SECOND QUARTER COMPARED TO 311 A YEAR AGO. o CONSENT DECREE COMPLIANCE FOR THE SECOND QUARTER OF FY 1987 WAS 76%, o OF THE 85 (24%) CONSENT DECREES IN VIOLATION: - 55 (65%) HAD A CONTEMPT ACTION OR A DECREE MODIFICATION REFERRED OR A STIPULATED PENALTY COLLECTED. 22 (26%) HAD FORMAL ENFORCEMENT ACTION PLANNED BUT NOT COMMENCED. 8 ( 9%) HAD NO FORMAL ENFORCEMENT ACTION PLANNED. -T79- ------- CONSENT DECREE TRACKING (EPA DECREES ONLY) As Of March 31, 1987 120-r VII VIII IX N U M B E R 0 F D E C R E E S National Summary 360y 300- 240- 180- 120- 60- s\>^ 1 1 sss M XXX xyV ia ^$ i ^ H Hi . P*"^ i , , 0. 1 1 1 1 1234 . QUARTERS E/C-1 IV V VI LEGEND In compliance with the terms of the decree In violation with formal enforcement action initiated In violation with formal enforcement action planned but uncommenced In violation with no formal enforcement action planned at this time -173- ------- CRIMINAL REFERRAL ACTIVITY (CUMULATIVE) o TWENTY-THREE NEW CRIMINAL INVESTIGATIONS WERE OPENED DURING THE FIRST AMI) SECOND QUARTERS (16 IN THE SECOND QUARTER). NINE INVESTIGATIONS WERE CLOSED DURING THESE QUARTERS PRIOR TO REFERRAL TO THE OFFICE OF CRIMINAL ENFORCEMENT. THERE WERE 122 OPEN INVESTIGATIONS AT THE END OF THE SECOND QUARTER. O TI-fE REGIONS REFERRED 17 NEW CRIMINAL CASES TO HEADQUARTERS DURING THE FIRST (9) AND SECOND (8) QUARTERS AND HEADQUARTERS REFERRED 19 CASES (INCLUDING 15 IN THE SECOND QUARTER) TO THE DEPARTMENT OF JUSTICE. ONE CASE WAS RETURNED, WITHDRAWN, DECLINED OR RECOMMENDED FOR CIVIL OR ADMINISTRATIVE ACTION, BY HEADQUARTERS DURING THE SECOND QUARTER. ------- FOLLOW-THROUGH ON ACTIVE CRIMINAL CASE DOCKET o 66 CRIMINAL CASES WERE PENDING AT THE DEPARTMENT OF JUSTICE OR FILRD IN COURT AS OF 10/1/86. AS OF THE CLOSE OF THE QUARTER: 4(6%) HAD BEEN CLOSED WITHOUT PROSECUTION. 12 (18%) HAD BEEN CLOSED FOLLOWING PROSECUTION. - 19 (29%) HAD CHARGES FILED. - 21 (32%) WERE UNDER GRAND JURY INVESTIGATION. - 10 (15%) WERE UNDER REVIEW BY THE DEPARTMENT OF JUSTICE. o DURING THE SECOND QUARTER: - 3 ENTITIES AND 4 INDIVIDUALS WERE CHARGED. 1 ENTITY AND 3 INDIVIDUALS WERE CONVICTED. 1 ENTITY AMD 1 INDIVIDUAL WERE ACQUITTED. O NINETEEN NEW CRIMINAL CASES WERE REFERRED TO THE DEPARTMENT OF JUSTICE DURING THE FIRST (14) AND SECOND (5) QUARTERS. AS OF THE CLOSE OF THE QUARTER: - 10 (53%) WERE UNDER REVIEW BY THE DEPARTMENT OF JUSTICE. - 8 (42%) WERE UNDER GRAND JURY INVESTIGATION. - 1(5%) WERE CLOSED BY DOJ WITHOUT PROSECUTION. o THE TOTAL NUMBER OF ACTIVE CASES REMAINING WAS 54. ------- FOLLOW-THROUGH ON ACTIVE CRIMINAL CASE DOCKET As Of March 31, 1987 CRIMINAL REFERRALS PENDING BOY E/C-7,8 234 QUARTERS LEGEND CLOSED BY DOJ WITHOUT PROSECUTION CLOSED FOLLOWING PROSECUTION WITH CHARGES FILED UNDER GRAND JURY INVESTIGATION UNDER REVIEW AT DOJ TO DOJ BY OECM REFERRALS TO DOJ u M 0 C 5 TO DOJ UNDER UNDER NUMBER CLOSED CLOSED BY BY OECM REVIEW GRAND WfTH FOLLOWING DOJ W/0 AT DOJ JURY CHARGES PROSE- PROSE- INVESTI- FILES CUTION CUTION GATION ------- CONCLUSION OF CASES o SUPERFUND 2 JOINT §106/§107 COURT ORDERS WERE FILED DURING THE SECOND QUARTER. O CIVIL - 37 CASES WERE CONCLUDED, 32 WITH PENALTIES AND 5 WITHOUT i'l!i IM, :'I !!, - $2,364,576* WAS TOTAL AMOUNT OK PENALTIES ASSESSED. - 10 CASES WERE WITHDRAWN, DECLINED OR VOLUNTARILY DISMIS: ,i ]>) MU'i, KlM O CRIMINAL - 15 REFERRALS WERE CONCLUDED, 13 WITH CONVICTIONS AND 2 WITH CHARGES DISMISSED/ACQUITTED. 8 ENTITIES AND 25 INDIVIDUALS WERE SENTENCED. - $2,702,500 WAS TOTAL AMOUNT OF FINES ASSESSED BEFORE SUSPENSION. 67 MONTHS OF INCARCERATION WERE ORDERED (246 MONTHS HAD BEEN IMPOSED PRIOR TO SUSPENSION). * OECM IS CONTINUING TO WORK WITH THE REGIONS ON THE AMOUNTS OF PENALTIES. -177- ------- » X to a. 233 Q) Q.H' 3 g » 50H- crc (H w (D 05 rt 3oi-i n> c (u 3 i-l rt rt O H« m o en 3 ------- ^ ..... ..V:Ux:.:; Office of Administration and Resources Management -17°- ------- GRANTS SERVICE STANDARDS O 90% OF THE GRANTS AND COOPERATIVE AGREEMENTS IN THE SECOND QUARTER WERE AWARDED WITHIN THE TARGET OF 18 DAYS PER ACTION (THE ACTUAL AVERAGE WAS 10 DAYS). O 94% OF THE INTERAGENCY AGREEMENTS IN THE SECOND QUARTER MET THE TARGET OF 18 DAYS PER ACTION (THE ACTUAL AVERAGE WAS 6.4 DAYS). o 619; OP THE 18 DETERMINATIONS FOR REQUESTS FOR DEVIATION FROM REGULATORY REQUIREMENTS WERE PROCESSED WITHIN THE 15-DAY LIMIT. (TUT, ACTUAL AVERAGE WAS 18.4 DAYS). O ALL OF THE 32 DETERMINATIONS IN SUSPENSION/DEBARMENT CASES WERE PROCESSED WITHIN THE 35 DAY TARGET (ACTUAL AVERAGE WAS 9.4 DAYS) -180- ------- GRANTS SERVICE STANDARDS NUMBER OF ACTIONS COMPLETED DURING QUARTER As Of March 31, 1987 GRANT OR COOPERATIVE AGREEMENT AWARDED INTERAGENCY AGREEMENT AWARDED AFTER RECEIPT 25Qr 200- 150-- 100-- 50- 2 3 QUARTERS DETERMINATION PREPARED FOR DEVIATION FROM REGULATORY REQUIREMENTS 60r 2 3 QUARTERS N U M B E R 200r 150- 10& LEGEND OARM DELAYS ACTIONS COMPLETED WITHIN TARGET 5D 2 3 QUARTERS SUSPENSION/DEBARMENT DETERMINATION ISSUED AFTER CASE RECORD COMPLETE 60r 2 3 QUARTERS AD-1A -18.1 - ------- PROCUREMENT SERVICE STANDARDS o DURING THE SECOND QUARTER, OARM COMPLETED ITS WORK WITHIN THE STANDARD OR NEGOTIATED SCHEDULE FOR 97% OF THE MAJOR NEGOTIATED CONTRACTS. 51% OF EPA's MAJOR NEGOTIATED CONTRACTS WERE AWARDED WITHIN THE PROCESSING TIME TARGETS. - 26 OF THE 54 NEW COMPETITIVE CONTRACTS WERE AWARDED WITHIN THE STANDARD SCHEDULE OF 225 TO 240 DAYS OR WITHIN A NEGOTIATED SCHEDULE. TWO CONTRACTS WERE DELAYED WITHIN OARM. EIGHT OF THE 13 NEW SOLE SOURCE CONTRACTS WERE AWARDED WITHIN THE STANDARD SCHEDULE OF 171 DAYS. NONE OF THE CONTRACTS WERE DELAYED WITHIN OARM. o 77% OF THE 2,866 PURCHASE ORDERS WERE AWARDED WITHIN THE STANDARDS. -182- ------- 135-r PROCUREMENT SERVICE STANDARDS NEW CONTRACTS AWARDED DURING QUARTER As Of March 31, 1987 COMPETITIVE 2 3 QUARTERS 3Qr 25- 20- N U M B E R 15-- 1Q-- 5 - H 1 SOLE SOURCE 2 3 QUARTERS AD-1 LEGEND D OARM DELAYS E3 DELAYS EXTERNAL TO OARM COMPLETED WITHIN STANDARD OR NEGOTIATED SCHEDULE -183- ------- PERSONNEL SERVICE STANDARDS o OARM COMPLETED ITS WORK WITHIN THE STANDARD FOR 96% OF THE INTERNAL RECRUITMENT ACTIONS. 88% OF THE QUARTER'S ACTIONS MET THE TOTAL PROCESSING TIME STANDARD OF 10 TO 12 WEEKS. 6% OF THE ACTIONS WERE DELAYED BY THE CLIENT PROGRAM OFFICES, 4% WERE DELAYED BY OARM AND 1% WAS DUE TO SECURITY CLEARANCE DELAYS. o OARM COMPLETED ITS WORK WITHIN THE STANDARD FOR ALL OF THE 34 EXTERNAL RECRUITMENT ACTIONS IN THE SECOND QUARTER. 100% OF THE QUARTER'S ACTIONS MET THE TOTAL TIME STANDARD OF JUST OVER 13 WEEKS. O 98% OF THE 256 NON-COMPETITIVE ACTIONS WENT THROUGH IN THE TOTAL PROCESSING TIME STANDARD OF THREE TO FIVE WEEKS. FOUR DELAYS OCCURRED IN OARM AND TWO IN THE PROGRAM OFFICES. o DURING THE SECOND QUARTER, OARM PROCESSED A TOTAL OF 1,407 PERSONNEL ACTIONS (INCLUDING 521 ADMINISTRATIVE AND 316 AWARDS ACTIONS). OARM PROCESSED 97% OF THOSE ACTIONS IN THE TOTAL TIME ALLOWED BY THE STANDARD. -IRA- ------- PERSONNEL SERVICE STANDARDS NUMBER OF ACTIONS COMPLETED DURING QUARTER As Of March 31, 1987 RECRUITMENT ACTIONS INTERNAL TO EPA 3DQT 250 200-- 150- 100- 50- 1234 QUARTERS RECRUITMENT ACTIONS EXTERNAL TO EPA 90T 60- 30- -t- AD-1B 234 QUARTERS LEGEND D OARM DELAYS S3 SECURITY CLEARANCE DELAY 0 QPM DELAYS H CLIENT PROGRAM OFFICE DELAYS D COMPLETED WITHIN STANDARD SCHEDULE NON-COMPETITIVE ACTIONS 1234 QUARTERS -185- ------- HEADQUARTERS RESOURCE UTILIZATION o FTE AND TRAVEL USAGE ARE ON TARGET FOR THE SECOND QUARTER WITH THE EXCEPTION OF SUPERFUND WHERE FINAL WORKYEAR AND TRAVEL RESOURCES WERE NOT ISSUED UNTIL FEBRUARY. O EXCEPT FOR SUPERFUND, DOLLAR UTILIZATION IS ONLY SLIGHTLY BELOW THE SECOND QUARTER PLAN. IN SUPERFUND, UTILIZATION CAN BE EXPECTED TO INCREASE AS RAMP-UP OF THE PROGRAM GAINS MOMENTUM. -186- ------- HEADQUARTERS RESOURCE UTILIZATION (SECOND QUARTER = 49.8% OF YEAR) 49.8% OF YEAR 47.8% S&E 35.6% 49% SF S&E 36.5% SF FTE TRAVa USE USE $288.4 S&E AC&C R&D DOLLAR UTILIZATION AS COMPARED TO QUARTERLY PLANS CD OP PLAN tt ACTUALS B&F -1R7- ------- REGIONAL UTILIZATION o FTB USAGE IN THE REGIONS IS ON TARGET WITH THE REGIONS USING A GREATER PERCENTAGE OF THE AVAILABLE SUPERFUND WORKYEARS THAN HEADQUARTERS. o TRAVEL UTILIZATION IS SLIGHTLY ABOVE THE SECOND QUARTER PLAN IN SALARIES AND EXPENSES BUT BY LESS THAN ONE PERCENT. o SUPERFUND TRAVEL IS LESS THAN SIX PERCENT BELOW THE SECOND QUARTER PLAN WHICH INDICATES THAT THE REGIONS ARE ABSORBING THE ADDITIONAL NOA PROVIDED IN THE FEBRUARY ALLOWANCES. o SALARIES AND EXPENSES UTILIZATION IS ON TARGET 95 PERCENT UTILIZATION OF AVAILABLE DOLLARS. o AC&C UTILIZATION HAS PICKED UP AFTER A SLOW FIRST QUARTER 86 PERCENT COMPARED TO 47 PERCENT. o SUPERFUND UTILIZATION IS LOWER THAN IN THE FIRST QUARTER; HOWEVER, THIS REFLECTS THE NEW OBLIGATIONAL AUTHORITY BEING DISTRIBUTED IN FEBRUARY. -1PQ_ ------- REGIONS' RESOURCE UTILIZATION (SECOND QUARTER = 49.8% OF YEAR) 49.8% OF YEAR 47.5% 40.8% bO.4% 43.9% S&E SF S&E SF FTE TRAVEL USE USE $328.8 S&E SF AC&C R&D DOLLAR UTILIZATION AS COMPARED TO QUARTERLY PLANS CD OP PLAN CZ1 ACTUALS B&F -189- ------- Office of Policy, Planning and Evaluation -191- ------- OFFICE OF POLICY, PLANNING AND EVALUATION RED BORDER REVIEW DEADLINES o 35 RED BORDER DOCUMENTS WERE RECEIVED FOR REVIEW BY OPPE DURING THE SECOND QUARTER. - 26 (74%), WERE COMPLETED WITHIN THE THREE-WEEK DEADLINE. - 8 (23%), WERE COMPLETED WITHIN THE FOUR-WEEK DEADLINE. - 1 (3%), FAILED TO MEET THE FOUR-WEEK DEADLINE. -193- ------- Office of External Affairs -195- ------- ENVIRONMENTAL REVIEW PROGRAM o TI-H3 MEASURE DEMONSTRATES EPA's EFFECTIVENESS IN REDUCING ENVIRONMENTAL PROBLEMS POTENTIALLY CREATED BY OTHER AGENCIES' PROPOSED PROJECTS OR ACTIVITIES. o AT THE END OF THE SECOND QUARTER, EPA REVIEWED 119 FINAL ENVIRONMENTAL IMPACT STATEMENTS (EISs) YEAR-TO-DATE; OF THESE, EPA HAD NO MAJOR CONCERNS WITH 102 (86%). INDIAN LANDS PROGRAM o THE REGIONS COMPLETED NO TRIBAL/EPA AGREEMENTS IN THE FIRST HALF OF FY 1987, AGAINST A TARGET OF ZERO. -196- ------- N U M B E R 0 F N A L ENVIRONMENTAL REVIEWS OF MAJOR FEDERAL PROJECTS As Of March 31, 1987 120-r 100 + 20 + OEA-7 QUARTERS LEGEND S FINAL PROJECTS-ERA CONCERNS UNRESOLVED FINAL PROJECTS-NO EPA CONCERNS EPA REVIEWS THE FINAL ENVIRONMENTAL IMPACT STATEMENT (EIS) FOR EACH MAJOR FEDERAL PROJECT WITH POTENTIAL ENVIRONMENTAL IMPACT. -197- ------- OFFICE OF FEDERAL ACTIVITIES RESPONSE TO SIGNIFICANT FEDERAL FACILITY NONCOMPLIANCE o AIR IDENTIFIED AT THE BEGINNING OF THE YEAR (BOY) 16 FEDERAL FACILI- TIES IN SIGNIFICANT NONCOMPLIANCE (SNC). THE REGIONS ARE 50% BEHIND THEIR SECOND QUARTER TARGET ADDRESSING FOUR OUT OF THE EIGHT TARGETED. o WATER IDENTIFIED NINE FEDERAL FACILITIES THAT WERE CARRIED OVER FROM THE LAST QUARTER. THE STATES RETURNED THREE TO COMPLIANCE AND INITIATED ONE ENFORCEMENT ACTION. THE REMAINING FIVE PLUS TWO NEW SIGNIFICANT VIOLATORS ON THE EXCEPTIONS REPORT CONSTITUTE THE PENDING BALANCE OF SEVEN FACILITIES (FIVE EPA AND TWO NPDES STATES). o TSCA IDENTIFIED 26 FEDERAL FACILITIES IN SNC AT THE BOY. AT THE END OF THE SECOND QUARTER 15 BOY CASES WERE CLOSED. o RCRA's, COMPLIANCE SNAPSHOT IN THE SECOND QUARTER SHOWS 45 FEDERAL FACILITIES IN SNC AND 24 ADDRESSED. -1QR- ------- RESPONSE TO SIGNIFICANT FEDERAL FACILITY NONCOMPIiANCE As Of March 31, 1987 AIR FIXED BASE TARGET BOY t- 2 3 LEGEND 0 RETURNED TO COMPLIANCE D ADDRESSED PENDING TSCA FDCED BASE H OEA-SNC1 0 OPEN 6 MONTHS OR LESS US OPEN MORE THAN 6 MONTHS D CLOSED WATER EXCEPTIONS REPORT SNC ENFORCEMENT RETURNED f'ENDINC ACTION TO D SNC 2 CONSECUTIVE QUARTERS SNC FOR MORE THAN 2 QUARTERS RCRA COMPLIANCE SNAPSHOT LEGEND f SNC/ADDRESS/END OF QUARTER jjl SNC/UNADDRESSED/END OF QUARTER -199- ------- FEDERAL FACILITIES WITH POTENTIAL COMPLIANCE PROBLEMS IN A-106 MEDIA PROGRAM PRIORITY AREAS o DURING THE FIRST QUARTER THE OFFICE OF EXTERNAL AFFAIRS (OEA), WORKING WITH THE AIR, WATER AND HAZARDOUS WASTE PROGRAM OFFICES IDENTIFIED 167 FEDERAL FACILITIES WITH POTENTIAL COMPLIANCE PROBLEMS IN THE RESPECTIVE MEDIA PRIORITY AREAS. o TWENTY FEDERAL FACILITIES HAVE POTENTIAL AIR COMPLCANCE PROBLEMS. BY THE END OF THE SECOND QUARTER: - OF THE 15 VOC FACILITIES [N OZONE NONATTAINMENT AREAS, THREE FACILITIES HAD ADDRESSED POTENTIAL NONCOMPLIANCE PROBLEMS THROUGH THE A-106 PROCESS OR BY OTHER ACCEPTABLE MEANS. - OF THE FIVE FACILITIES NEEDING TO MEET EXISTING NESHAP REQUIRE- fll'Mi'S, THREE HAD ADDRESSED NONCOMPLIANCE. o TWELVE NPDES FEDERAL FACILITIES HAVE POTENTIAL COMPLIANCE PROBLEMS WITH PRETREATMENT STANDARDS WHEN DISCHARGING TO POTWS. TEN FACILITIES HAD INITIATED A-106 PROJECTS OR OTHER ACCEPTABLE MEANS TO ADDRESS POSSIBLE NONCOMPLIANCE BY THE END OF THE SECOND QUARTER. -200- ------- FEDERAL FACILITIES WITH POTENTIAL COMPLIANCE PROBLEMS IN A-106 MEDIA PROGRAM PRIORITY AREAS As Of March 31, 1987 AIR VOC COMPLIANCE IN OZONE NONATTAINMENT AREAS AIR COMPLIANCE WITH ALL EXISTING NESHAPS REQUIREMENTS WATER COMPLIANCE WITH PRETREATMENT STANDARDS FOR FED. FAC. DISCHARGING TO POTWS 15T 10- OEA-1/E.2/E.3/E LEGEND FACILITIES IDENTIFIED 0 FACILITIES ADDRESSED Q FACILITIES UNADDRESSED -201- ------- FEDERAL FACILITIES WITH POTENTIAL COMPLIANCE PROBLEMS IN A-106 MEDIA PROGRAM PRIORITY AREAS HAZARDOUS WASTE o OEA IN CONSULTATION WITH THE OFFICE OF SOLID WASTE AND EMERGENCY RESPONSE (OSWER), IDENTIFIED 134 FEDERAL FACILITIES IN THE FIRST QUARTER THAT HAVE POTENTIAL COMPLIANCE PROBLEMS WITH OSWER'S PRIORITY AREAS. BY THE END OF THE SECOND QUARTER: - OF THE 48 FACILITIES WITH APPLICABLE GROUNDWATER MONITORING REQUIREMENTS, 23 FACILITIES HAVE ADDRESSED POTENTIAL NONCOMPLIANCE PROBLEMS THROUGH THE A-106 PROCESS OR BY OTHER MEANS. TWENTY-FIVE FACILITIES REMAIN UNADDRESSED. - OF THE 42 CLOSED OR CLOSING FEDERAL FACILITY UNITS WITH CLOSURE/ POSTCLOSURE PLANS AND REQUIREMENTS, 14 FACILITIES WITH POTENTIAL NONCOMPLIANCE PROBLEMS WERE ADDRESSED. TWENTY-EIGHT FACILITIES REMAIN UNADDRESSED. - OF THE 11 FACILITIES WITH LAND BAN REGULATIONS AND MINIMUM TECH- NOLOGY REQUIREMENTS, ALL 11 WITH POTENTIAL NONCOMPLIANCE PROBLEMS WERE ADDRESSED. - OF THE 33 FACILITIES WITH CORRECTIVE ACTION REQUIREMENTS UNDER RCRA AND CERCLA, 13 FACILITIES HAVE ADDRESSED POTENTIAL NONCOMPLI- ANCE PROBLEMS THROUGH THE A-106 PROCESS OR BY OTHER MEANS. TWENTY FACILITIES REMAIN UNADDRESSED. -202- ------- FEDERAL FACILITIES WITH POTENTIAL COMPLIANCE PROBLEMS IN A-106 MEDIA PROGRAM PRIORITY AREAS As Of March 31, 1987 HAZARDOUS WASTE COMPLIANCE WITH APPLICABLE GROUNDWATER MONITORING REQUIREMENTS CLOSED OR CLOSING UNITS IN COMPLIANCE WITH CLOSURE/POSTCLOSURE PLANS AND REQUIREMENTS COMPLIANCE WITH LAND BAN REGULATIONS AND MINIMUM TECHNOLOGY REQUIREMENTS COMPLIANCE WITH CORRECTIVE ACTION REQUIREMENTS UNDER RCRA AND CERCLA OEA-1/E.2/E.3/E LEGEND FACIU71ES IDENTIFIED E3 FACIUTIES ADDRESSED D FACIUTIES UNADDRESSED -203- ------- Office of General Counsel V: *:. -205- ------- RED BORDER REVIEW DEADLINES O OGC RECEIVED 40 RED BORDER DOCUMENTS FOR REVIEW DURING THE SECOND QUARTER VERSUS 43 DURING THE FIRST QUARTER. o OGC COMPLETED: - TWENTY-NINE OR 73% OF THEIR REVIEWS WITHIN THREE WEEKS, COMPARED TO A TARGET OF 80% WITHIN THREE WEEKS, AND FIVE MORE FOR A TOTAL OF 34, OR 85%, WITHIN FOUR WEEKS, COMPARED TO A TARGET OF 100% WITHIN FOUR WEEKS. o SIX DOCUMENTS WERE NOT REVIEWED WITHIN THE FOUR WEEK REVIEW TARGET: ONE FOR OAR, FOUR FOR OSWER AND ONE FOR OPTS. STATE DELEGATION AGREEMENT REVIEW DEADLINE o OGC RECEIVED TWO AUTHORIZATION APPLICATIONS FOR EVALUATION DURING THE FIRST QUARTER WITH CONCURRENCE WITHIN 15 DAYS. NO APPLICATIONS WERE RECEIVED DURING SECOND QUARTER. -207- ------- |