100R88102
U.S. Environmental Protection Agency
Strategic Planning and Management System
Third Quarter FY 1988 Re
Office of Management Systems
and Evaluation
June 30, 1988
HEADQUARTERS LIBRARY
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U.S. ENVIRONMENTAL PROTECTION AGENCY
STRATEGIC PLANNING AND MANAGEMENT SYSTEM
THIRD QUARTER 1988 REPORT
PREFACE
This quarterly report reviews Agency progress in meeting its
priority program commitments. The report is a major component of the
Agency Strategic Planning and Management System (SPMS). SPMS provides
a process for the Agency to identify national goals and priorities,
issue timely guidance to the field, identify measures of success and
track progress against them. Each quarter the Office of Management
Systems and Evaluation (OMSE) publishes the report using information
provided by Headquarters, Regional Offices, and State agencies. The
Office of Compliance Analysis and Program Operations is responsible for
the enforcement section of this report.
We gratefully acknowledge the assistance and cooperation of the
many people through the environmental protection management network who
have made timely production of this report possible.
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TABLE OF CONTENTS
OFFICE PAGE
OFFICE OF AIR AND RADIATION 1
OFFICE OF WATER 31
OFFICE OF SOLID WASTE AND EMERGENCY RESPONSE 93
OFFICE OF PESTICIDES AND TOXIC SUBSTANCES 129
OFFICE OF ENFORCEMENT AND COMPLIANCE MONITORING 159
OFFICE OF ADMINISTRATION AND RESOURCES MANAGEMENT 173
OFFICE OF POLICY, PLANNING AND EVALUATION 185
OFFICE OF EXTERNAL AFFAIRS 189
OFFICE OF GENERAL COUNSEL 193
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Office of Air and Radiation
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OFFICE OF AIR AND RADIATION
THIRD QUARTER HIGHLIGHTS
LAST MAY REGIONS SENT SIP CALL LETTERS TO 44 GOVERNORS TO NOTIFY
THEM OF EPA'S INTENT TO REQUIRE REVISIONS TO THEIR STATE
IMPLEMENTATION PLANS FOR OZONE/CO. SIP DEVELOPMENT WORK CAN MOVE
TO COMPLETION ONLY AFTER THE POST-1987 OZONE POLICY IS FINALIZED.
REGIONS VIII AND X CARRY THE BULK OF THE WORKLOAD FOR SIP
DEVELOPMENT FOR PM10. THIS YEAR, STATES IN THESE AND OTHER
REGIONS HAVE MISSED TARGETS FOR DRAFTING SIPS FOR GROUP I AREAS,
FOR COMPLETING EMISSIONS INVENTORIES AND FOR RECEIVING COMMITTAL
SIPS FOR GROUP II AREAS.
THROUGH THE THIRD QUARTER, THE REGIONS HAVE ACCOMPLISHED 81% OF
THEIR SO2 SIP TARGETS FOR STACK HEIGHT RULES AND 86% FOR NON-
STACK HEIGHT RULES.
THE UNIVERSE OF AIR SIGNIFICANT VIOLATORS (SVs) HAS REMAINED
FAIRLY CONSTANT OVER THE PAST FEW YEARS. AT THE END OF THIRD
QUARTER, REGIONS HAD IDENTIFIED:
1,027 SVS (703 FIXED AND 324 DYNAMIC) IN FY 1988;
1,064 SVs (637 FIXED AND 427 DYNAMIC) IN FY 1987;
981 SVs (647 FIXED AND 334 DYNAMIC) IN FY 1986;
898 SVS (520 FIXED AND 378 DYNAMIC) IN FY 1985.
THIS YEAR REGIONS HAVE ISSUED 175 ADMINISTRATIVE ORDERS, A 70%
INCREASE (FROM 107) OVER THIRD QUARTER OF LAST YEAR. STATES HAVE
ISSUED ABOUT THE SAME NUMBER OF AOs AS LAST YEAR.
THIS YEAR STATES HAVE REFERRED 113 CIVIL JUDICIAL CASES, A 35%
DECREASE (FROM 173) FROM THIRD QUARTER OF LAST YEAR. REGIONS HAVE
REFERRED ABOUT THE SAME NUMBER OF CIVIL JUDICIAL CASES AS LAST
YEAR.
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NON-ATTAINMENT
AT THE END OF THIRD QUARTER, OF 857 NON-ATTAINMENT DESIGNATIONS
NATIONWIDE, 40% (341) ARE FOR OZONE AND 15% (127) FOR CARBON
MONOXIDE (CO). MOST OF THE REMAINING NONATTAINMENT DESIGNATIONS
ARE UNDER THE PRIMARY (129, 15%) AND SECONDARY (188, 20%)
STANDARDS FOR PARTICULATES. THE 857 DESIGNATIONS REPRESENT 529
COUNTIES THAT ARE WHOLLY OR PARTIALLY DESIGNATED NONATTAINMENT FOR
AT LEAST ONE POLLUTANT.
LESS THAN 7% OF THE PRIMARY DESIGNATIONS HAVE CHANGED SINCE TWO
AND A HALF YEARS AGO, AND LESS THAN 1% SINCE ONE YEAR AGO. THE
CHANGES IN PRIMARY NON-ATTAINMENT ARE SHOWN BELOW:
OZONE CO TSPp S02p NOxp TOTAL
12/85 362 141 134 54 4 695
6/87 343 127 131 50 4 655
6/88 341 127 129 49 4 650
change 85-88 -21 -14 -5 -5 0 -45
IMPLEMENTATION OF POST-87 OZONE POLICY
IN MAY 1988, USING MONITORING DATA THROUGH DECEMBER 1987, REGIONS
SENT SIP CALL LETTERS TO GOVERNORS OF 44 STATES AND THE MAYOR OF
D.C. NOTIFYING THEM THAT THEIR AIR-POLLUTION-CONTROL PROGRAMS FOR
ACHIEVING THE OZONE AND CO STANDARDS HAVE BEEN FOUND SUBSTANTIALLY
INADEQUATE. EPA REQUIRES THAT REVISIONS TO THESE PROGRAMS BE
MADE.
IN FY 1989, OAR AND THE REGIONS WILL WORK TO DEVELOP ADEQUATE SIPS
FOR THESE AREAS. NEXT YEAR OAR WILL BE TRACKING EMISSIONS
INVENTORIES AS THE FIRST STEP IN SIP DEVELOPMENT.
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NAAQS NON-ATTAINMENT
As Of June 30, 1988
DESIGNATED NON-ATTAINMENT AREAS
OAR-1
857 DESIGNATIONS IN 529 COUNTIES
OZONE
B CO
S TSP (PRIMARY
S TSP (SECONDARY)
£3 S02 PRIMARY
S S02 SECONDARY
D NOx
PRIMARY NON-ATTAINMENT AREAS
BY REGION
1BOT
ninivvvivnvniixx
REGIONS
LEGEND
EB S02
CO
OZONE
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VOC COMPLIANCE AND ENFORCEMENT
COMPLIANCE RATES
OF THE 4,974 CLASS A SIP AND NSPS VOLATILE ORGANIC COMPOUND (VOC)
SOURCES IN OZONE NONATTAINMENT AREAS, 628 (13%) ARE EITHER IN VIOLA-
TION, IN VIOLATION BUT MEETING A COMPLIANCE SCHEDULE, OR THE COMPLI-
ANCE STATUS OF THE SOURCE IS UNKNOWN.
INSPECTIONS
(NOTE: INSPECTION DATA ARE LAGGED ONE QUARTER)
THE REGIONS AND STATES ACCOMPLISHED 123% OF THEIR CUMULATIVE
INSPECTION COMMITMENT FOR VOC CLASS A SIP SOURCES IN OZONE
NONATTAINMENT AREAS.
THE REGIONS AND STATES ACCOMPLISHED 110% OF THEIR CUMULATIVE
INSPECTION COMMITMENT FOR VOC NSPS SOURCES IN OZONE NONATTAINMENT
AREAS.
SIGNIFICANT VIOLATORS
OF THE 338 VOC SIGNIFICANT VIOLATORS, 85 (25%) HAD REMEDIAL ACTION
COMMENCED PRIOR TO BOY. OF THE 253 REMAINING SIGNIFICANT VIOLATORS,
180 ARE SCHEDULED TO BE ADDRESSED BY THE END-OF-THE-YEAR. THE PRO-
GRAM HAS EXCEEDED ITS CUMULATIVE THIRD QUARTER COMMITMENT (106 VIO-
LATORS TO BE ADDRESSED) BY ADDRESSING 139 VIOLATORS.
AT THE END OF THE THIRD QUARTER, THE DISTRIBUTION OF THE 338 VOC
SIGNIFICANT VIOLATORS IS AS FOLLOWS:
- 97 (?.«%) ARE IN COMPLIANCE
- 24 (7%) ARE ON ACCEPTABLE SCHEDULES
- 106 (31%) HAVE HAD ENFORCEMENT ACTION INITIATED
- Ill (34%) ARE UNRESOLVED
FIFTY-THREE NEW VOC SIGNIFICANT VIOLATORS WERE IDENTIFIED DURING THE
QUARTER, BRINGING THE TOTAL FOR THE YEAR TO 125. THIRTY-THREE OF
THESE HAVE BEEN PLACED ON A COMPLIANCE SCHEDULE OR RETURNED TO
COMPLIANCE.
-6-
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VOC COMPLIANCE AND ENFORCEMENT
IN OZONE NONATTAINMENT AREAS
As Of June 30, 1988
SIGNIFICANT VIOLATORS
CLASS A SIP INSPECTIONS
125+1 M
-TARGET
BOY
A/E-6
QUARTERS
LEGEND
D RETURNED TO COMPLIANCE
03 ON COMPLIANCE SCHEDULE
E2 ENFORCEMENT ACTION TAKEN
PENDING
I II HI IV V VI VII VIII IX X
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PARTICULATES
AT THE END OF THIRD QUARTER, REGIONS AND STATES HAVE MISSED
TARGETS FOR COMPLETING EMISSIONS INVENTORIES (81%), DRAFTING SIPs
FOR GROUP I AREAS (15%) AND SUBMITTING COMMITTAL SIPs FOR GROUP II
AREAS (80%). THESE MEASURES DESCRIBE THE NATIONAL EFFORT TO
DEVELOP STATE IMPLEMENTATION PLANS FOR PM10.
STATES HAVE COMPLETED 43, OR 81%, OF 53 TARGETED EMISSIONS
INVENTORIES FOR GROUP I AREAS. REGION VIII AND X STATES ARE
CARRYING HALF THE WORKLOAD FOR THIS MEASURE. BOTH REGIONS'
TARGETS WERE MISSED.
OF 26 DRAFT SIP PLANS DUE FOR GROUP I AREAS, 4 (15%) HAVE BEEN
RECEIVED. THE UNIVERSE OF 65 GROUP I AREAS IS MOSTLY IN REGIONS
V, VIII, IX AND X. ONLY REGIONS I, VIII AND X HAVE TARGETS FOR
THIS MEASURE. EACH REGION'S TARGET WAS MISSED.
REGIONS PROJECTED TO RECEIVE COMMITTAL SIPs FOR 66 GROUP II AREAS
BY THE END OF THIRD QUARTER. A COMMITTAL SIP IS A MEMO STATING
SIP IF A GROUP II AREA IS FOUND TO HAVE A
DESPITE MIXED PERFORMANCES AMONG THE
REGIONS, THE NATIONAL TARGET WAS MISSED WITH 52 (80%) COMMITTAL
SIPS RECEIVED.
INTENT TO DEVELOP A
VIOLATION OF THE PM10 NAAQS.
MONITORING
DEVELOPMENT OF THE NATIONAL AIR MONITORING STATIONS (NAMS) NETWORK
FOR PM10 CONTINUES. OAR REPORTS THAT ALL 48 REQUIRED DESCRIPTIONS
HAVE BEEN SUBMITTED, BUT THAT MANY STATES7 DESCRIPTIONS CANNOT BE
APPROVED WITHOUT MORE COMPLETE INFORMATION. OAR ALSO REPORTS THAT
OVER HALF MAY BE APPROVED BY END OF YEAR (NOT TARGETED).
COLLECTIVELY, REGIONS HAVE EXCEEDED THIRD QUARTER TARGETS BY
ESTABLISHING FREQUENT MONITORING IN AREAS AT RISK FOR PARTICULATE
POLLUTION:
- IN 114 URBANIZED AREAS (130%) AGAINST TARGET OF 88;
- IN 30 GROUP I (EXCEPT URBAN) AREAS (115%) AGAINST TARGET OF 26;
- IN 37 GROUP II AREAS (112%) AGAINST TARGET OF 33.
-ft-
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PARTICUIATES
As Of June 30, 1988
PLANS FOR GROUP I SIPs
SUBMITTED TO REGIONS
ESTABLISHMENT OF AIR MONITORING SYSTEMS
COMMITMENTS FOR GROUP H SIPs
SUBMITTED TO REGIONS
NATIONAL (NAMS)
48 PLANS REQUIRED
PLANS UNDER REVIEW
PLANS APPROVED
B41
63-
42
21-
* .^» *
P-» "*"*
/
*y
s
UNIVERSE
0.
01 02 03 04
LEGEND
- TARGET
- ACTUAL
238
4 on.
120-
60-
AREAS MEETING REQUIREMENTS FOR
FREQUENT PM1Q MONITORING
^_ *
V^'
01
^_ I
02
-^ *^ "^
03 0'
OAR-37.3B.3(
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TSP COMPLIANCE AND ENFORCEMENT IN PMm GROUP I AND II AREAS
COMPLIANCE RATES
OF THE 4,125 TSP CLASS A SIP AND TSP NSPS SOURCES IN GROUP I AND II
AREAS, 292 (7%) ARE EITHER IN VIOLATION, IN VIOLATION BUT MEETING A
COMPLIANCE SCHEDULE, OR THE COMPLIANCE STATUS OF THE SOURCE IS
UNKNOWN.
INSPECTIONS
(NOTE; INSPECTION DATA ARE LAGGED ONE QUARTER)
THE REGIONS AND STATES ACCOMPLISHED 121% OF THEIR CUMULATIVE INSPEC-
TION COMMITMENT FOR TSP CLASS A SIP SOURCES IN GROUP I AND II AREAS.
THE REGIONS AND STATES ACCOMPLISHED 143% OF THEIR CUMULATIVE INSPEC-
TION COMMITMENT FOR TSP NSPS SOURCES IN GROUP I AND II AREAS.
SIGNIFICANT VIOLATORS
OF THE 110 TSP SIGNIFICANT VIOLATORS IN GROUP I AND II AREAS, 29 (26%)
HAD REMEDIAL ACTION COMMENCED PRIOR TO BOY. OF THE 81 REMAINING
SIGNIFICANT VIOLATORS, 63 ARE SCHEDULED TO BE ADDRESSED BY THE END-
OF-THE-YEAR. THE PROGRAM EXCEEDED ITS CUMULATIVE THIRD QUARTER
COMMITMENT (33 VIOLATORS TO BE ADDRESSED) BY ADDRESSING 41 VIOLATORS.
AT THE END OF THE THIRD QUARTER, THE DISTRIBUTION OF THE 110 TSP
SIGNIFICANT VIOLATORS IS AS FOLLOWS:
- 31 (28%) ARE IN COMPLIANCE
- 7 (6%) ARE ON ACCEPTABLE SCHEDULES
32 (30%) HAVE HAD ENFORCEMENT ACTION INITIATED
- 40 (36%) ARE UNRESOLVED
SEVENTEEN NEW TSP SIGNIFICANT VIOLATORS WERE IDENTIFIED DURING THE
QUARTER, BRINGING THE TOTAL FOR THE YEAR TO 45. SEVEN OF THESE HAVE
BEEN PLACED ON A COMPLIANCE SCHEDULE OR RETURNED TO COMPLIANCE.
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TSP COMPLIANCE AND ENFORCEMENT IN PM-10 GROUP I & II AREAS
As Of June 30, 1988
SIGNIFICANT VIOLATORS
CLASS A SIP INSPECTIONS
112T
BOY
125+1
-TARGET
A/E-9
1 2 3
QUARTERS
LEGEND
D RETURNED TO COMPLIANCE
H ON COMPLIANCE SCHEDULE
0 ENFORCEMENT ACTION TAKEN
PENDING
i nrarvvvivnviiiixx
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SULFUR DIOXIDE
o IN FY 1988, THE REGIONS ARE WORKING TO COMPLETE DEFICIENT SIPs
RELATED TO SULFUR DIOXIDE. THE SPMS MEASURES TRACK MILESTONES
COMPLETED FOR THREE KINDS OF ACTIONS (WITH END-OF-YEAR TARGETS):
- UNFINISHED PART D SIPs (EOY TARGET 11, WITH 10 IN REGION V);
- EMISSION LIMITATIONS (EOY TARGET 9, WITH 8 IN REGION V); AND
- STACK HEIGHT REGULATIONS (EOY TARGET 42 MILESTONES, 23 OF THESE
IN REGIONS I AND III).
O THIS FALL OAR WILL COLLECT INFORMATION TO IDENTIFY THE FULL
UNIVERSE OF DEFICIENT SO2 SIPs.
STACK HEIGHT RULES
o MOST TARGETED S02 SIP ACTIONS ARE STACK HEIGHT RULES, INCLUDING
NEGATIVE DECLARATIONS AND SOURCE EMISSION LIMITS. THROUGH THE
THIRD QUARTER, REGIONS HAVE ACCOMPLISHED 22 (81%) OF 27 TARGETED
MILESTONES.
- REGION I MET ITS THIRD QUARTER TARGET, SENDING 9 FINAL NEGATIVE
DECLARATIONS TO HQ.
- REGION III, RESPONSIBLE FOR OVER A THIRD OF THE NATION'S
TARGETED STACK HEIGHT RULE WORK, HAS COMPLETED 3 OF 9 TARGETED
MILESTONES FOR SOURCE EMISSION REGULATIONS FOR MARYLAND,
VIRGINIA AND WEST VIRGINIA. OAR REPORTS THAT REGION III MAY
NOT COMPLETE THIS WORK THIS YEAR.
NON-STACK HEIGHT RULES
o NON-STACK HEIGHT RULES INCLUDE UNFINISHED SIPs FOR NON-ATTAINMENT
AREAS (PART D SIPs) AND SIP REVISIONS, USUALLY EMISSION LIMITS,
FOR ATTAINMENT AREAS. REGION V, WHICH IS RESPONSIBLE FOR 86% OF
THE WORKLOAD, MET 10 (83%) OF 12 TARGETS, MISSING 2 WHEN INDIANA
FORWARDED DRAFT BUT NOT FINAL EMISSION LIMITATION MEASURES FOR TWO
COUNTIES.
o IN FOURTH QUARTER, PROPOSED RULES ARE PROJECTED FOR 2 PART D SIPs
AND AN EMISSION LIMIT IN WI AND AN EMISSION LIMIT IN MN.
-1?-
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SULFUR DIOXIDE
COMPLETION OF DEFICIENT SIPs
As Of June 30, 1988
SIP REVISION MILESTONES:
STACK HEIGHT REGS
5Qj
40
30
20
Q1
SIP COMPLETION MILESTONES:
UNFINISHED PART D SIPs
12T
SIP REVISION MILESTONES:
SECTION 110 EMISSION LIMITS
OAR 67,69,71
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SULFUR DIOXIDE COMPLIANCE AND ENFORCEMENT
COMPLIANCE RATES
OF THE 250 SULFUR DIOXIDE SOURCES IN SULFUR DIOXIDE NONATTAINMENT
AREAS, 36 (14%) ARE EITHER IN VIOLATION, IN VIOLATION BUT MEETING
A COMPLIANCE SCHEDULE, OR THE COMPLIANCE STATUS OF THE SOURCE IS
UNKNOWN.
INSPECTIONS
(NOTE: INSPECTION DATA ARE LAGGED ONE QUARTER)
o THE REGIONS AND STATES ACCOMPLISHED 123% OF THEIR CUMULATIVE INSPEC-
TION COMMITMENT FOR SO2 CLASS A SIP SOURCES IN S02 NONATTAINMENT AREAS.
O THE REGIONS AND STATES ACCOMPLISHED 118% OF THEIR CUMULATIVE INSPEC-
TION COMMITMENT FOR S02 NSPS SOURCES IN SO2 NONATTAINMENT AREAS.
SIGNIFICANT VIOLATORS
o OF THE 34 SO 2 SIGNIFICANT VIOLATORS, SEVEN (21%) HAD REMEDIAL ACTION
COMMENCED PRIOR TO BOY. OF THE 27 REMAINING SIGNIFICANT VIOLATORS,
NINE ARE SCHEDULED TO BE ADDRESSED BY THE END-OF-THE-YEAR. THE PRO-
GRAM EXCEEDED ITS CUMULATIVE THIRD QUARTER COMMITMENT (THREE VIOLA-
TORS TO BE ADDRESSED) BY ADDRESSING FOUR VIOLATORS.
O AT THE END OF THE THIRD QUARTER, THE DISTRIBUTION OF THE 34 S02
SIGNIFICANT VIOLATORS IS AS FOLLOWS:
- 3 (9%) ARE IN COMPLIANCE
- 1(3%) ARE ON ACCEPTABLE SCHEDULES
- 10 (28%) HAVE HAD ENFORCEMENT ACTION INITIATED
- 20 (59%) ARE UNRESOLVED
O EIGHTEEN NEW SO2 SIGNIFICANT VIOLATORS HAVE BEEN IDENTIFIED THUSFAR
IN FY 1988. NONE HAVE BEEN PLACED ON AN ACCEPTABLE SCHEDULE OR BEEN
RETURNED TO COMPLIANCE.
~-\A-
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35r
SULFUR DIOXIDE COMPLIANCE AND ENFORCEMENT
IN S02 NONATTAINMENT AREAS
As Of June 30, 1988
SIGNIFICANT VIOLATORS
CLASS A SIP INSPECTIONS
125+
- -TARGET
BOY
A/E-15
QUARTERS
LEGEND
D RETURNED TO COMPLIANCE
m ON COMPLIANCE SCHEDULE
E3 ENFORCEMENT ACTION TAKEN
PENDING
i nraivvviviivniixx
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AIR TOXICS
THIS YEAR, EPA HAS APPROVED 46 MULTI-YEAR DEVELOPMENT PLANS
(MYDPs) AS ADEQUATE, EXCEEDING THE TARGET OF 30. THIS YEAR 73
STATE AND LOCAL AGENCIES (INCLUDING NEWLY ADDED NEW MEXICO AND
WAYNE COUNTY, MI) ARE DEVELOPING OR OPERATING AIR TOXICS PROGRAMS
WITH MYDPs.
OAR EXPECTS TO MAKE THE END-OF-YEAR TARGET OF 57 ADEQUATE PLANS.
IN FY 1987 ALSO, OAR APPROVED 57 PLANS.
EACH MYDP DEFINES THE STRATEGY OF A STATE OR LOCALITY FOR
ASSESSING AND ADDRESSING ITS AIR TOXICS PROBLEMS. PLANS ARE
REVISED ANNUALLY TO MEET REQUIREMENTS OF EPA GUIDANCE. EPA
PROVIDES APPROXIMATELY $10.5 MILLION IN SECTION 105 MONEY TO FUND
PORTIONS OF AGENCIES' PROGRAMS.
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NESHAP (NON-TRANSITORY) COMPLIANCE AND ENFORCEMENT
COMPLIANCE RATES
o OF THE 969 NESHAP (NON-TRANSITORY) SOURCES, 118 (12%) ARE EITHER
IN VIOLATION, IN VIOLATION BUT MEETING A COMPLIANCE SCHEDULE, OR THE
COMPLIANCE STATUS OF THE SOURCE IS UNKNOWN.
INSPECTIONS
(NOTE: INSPECTION DATA ARE LAGGED ONE QUARTER)
o THE REGIONS AND STATES ACCOMPLISHED 117% OF THEIR CUMULATIVE INSPEC-
TION COMMITMENT FOR NESHAP SOURCES.
SIGNIFICANT VIOLATORS
o OF THE 44 NON-TRANSITORY NESHAP SIGNIFICANT VIOLATORS, 11 (25%) HAD
REMEDIAL ACTION COMMENCED PRIOR TO BOY. OF THE 33 REMAINING SIGNI-
FICANT VIOLATORS, 31 ARE SCHEDULED TO BE ADDRESSED BY THE END-OF-THE-
YEAR. THE PROGRAM EXCEEDED ITS CUMULATIVE THIRD QUARTER COMMITMENT
(23 VIOLATORS TO BE ADDRESSED) BY ADDRESSING 29 VIOLATORS.
O AT THE END OF THE THIRD QUARTER, THE DISTRIBUTION OF THE 44 NESHAP
SIGNIFICANT VIOLATORS IS AS FOLLOWS:
- 25 (56%) ARE IN COMPLIANCE
- 2(6%) ARE ON ACCEPTABLE SCHEDULES
- 14 (31%) HAVE HAD ENFORCEMENT ACTION INITIATED
- 3 (7%) ARE UNRESOLVED
O TEN NEW NESHAP SIGNIFICANT VIOLATORS WERE IDENTIFIED DURING THE
QUARTER, BRINGING THE TOTAL FOR THE YEAR TO 41. TWELVE OF THESE
HAVE BEEN PLACED ON A COMPLIANCE SCHEDULE OR RETURNED TO COMPLIANCE.
-18-
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NESHAP COMPLIANCE AND ENFORCEMENT
As Of June 30, 1988
SIGNIFICANT VIOLATORS
BOY
INSPECTIONS (NON-TRANSITORY)
TARGET
A/E-12
1 2 3
QUARTERS
LEGEND
RETURNED TO COMPLIANCE
ON COMPLIANCE SCHEDULE
ENFORCEMENT ACTION TAKEN
PENDING
I nmivvvivnvinixx
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AIR SIGNIFICANT VIOLATORS (COMBINED REPORT)
OF THE 703 SIGNIFICANT VIOLATORS, 168 (24%) HAD REMEDIAL ACTION
COMMENCED PRIOR TO BOY. OF THE 535 UNADDRESSED SIGNIFICANT VIOLA-
TORS, 386 (72%) ARE SCHEDULED TO BE ADDRESSED BY THE END-OF-THE-YEAR.
THE PROGRAM HAS EXCEEDED ITS CUMULATIVE THIRD QUARTER COMMITMENT
(239 VIOLATORS TO BE ADDRESSED) BY ADDRESSING 320 VIOLATORS.
AT THE END OF THE THIRD QUARTER, THE DISTRIBUTION OF THE 703 VOC
SIGNIFICANT VIOLATORS IS AS FOLLOWS:
- 222 (32%) ARE IN COMPLIANCE
- 61 (9%) ARE ON ACCEPTABLE SCHEDULES
- 208 (29%) HAVE HAD ENFORCEMENT ACTION INITIATED
- 212 (30%) ARE UNRESOLVED
ONE HUNDRED AND SEVENTY-SEVEN SIGNIFICANT VIOLATORS ARE NOT A PART
OF THE POLLUTANT-SPECIFIC REPORTS DISCUSSED PREVIOUSLY. OF THE 177
VIOLATORS, 36 HAD ENFORCEMENT ACTION COMMENCED AT BOY. THE DISTRI-
BUTION OF THE 177 REMAINING SIGNIFICANT VIOLATORS AT THE END OF THE
THIRD QUARTER IS AS FOLLOWS:
- 66 (37%) ARE IN COMPLIANCE
- 27 (15%) ARE ON ACCEPTABLE SCHEDULES
- 47 (27%) HAVE HAD ENFORCEMENT ACTION INITIATED
- 37 (21%) ARE UNRESOLVED
A TOTAL OF 324 NEW SIGNIFICANT VIOLATORS HAVE BEEN IDENTIFIED YEAR
TO DATE (COMPARED TO 427 AT THIS POINT IN FY 1987). EIGHTY-THREE OF
THE NEW SIGNIFICANT VIOLATORS HAVE BEEN PLACED ON A COMPLIANCE
SCHEDULE OR RETURNED TO COMPLIANCE.
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STATUS OF SIGNIFICANT AIR VIOLATORS
As Of June 30, 1988
N
U
M
B
E
R
75DT
625-
500 -
375--
250-
125--
BOY
VER-5,6
1 2
QUARTERS
LEGEND
D IN COMPLIANCE
0 ON ACCEPTABLE SCHEDULES
0 ENFORCEMENT ACTION
PENDING
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AIR ENFORCEMENT ACTIVITY
EPA AND STATE ENFORCEMENT INITIATION
THE EPA REGIONS HAVE ISSUED 175 ADMINISTRATIVE ORDERS THROUGH THE
THIRD QUARTER, COMPARED TO 107 THROUGH THE THIRD QUARTER OF FY 1987.
THE STATES REPORTED ISSUANCE OF 445 ADMINISTRATIVE ORDERS THROUGH
THE THIRD QUARTER, COMPARED TO 420 TAKEN THROUGH THE THIRD QUARTER
OF FY 1987.
THROUGH THE THIRD QUARTER, THE EPA REGIONS HAVE REFERRED 49 CIVIL
JUDICIAL CASES PLUS 14 CASES UNDERGOING PRE-REFERRAL NEGOTIATIONS,
COMPARED TO 49 CASE REFERRALS THROUGH THE THIRD QUARTER QUARTER OF
FY 1987, THE STATES REPORTED REFERRAL OF 113 JUDICIAL CASES COMPARED
TO 173 IN THE THIRD QUARTER OF FY 1987 (A DECLINE OF 35%). EPA HAS
REFERRED FOUR CRIMINAL CASES THUSFAR IN FY 1988 (TWO IN REGION I).
EPA CIVIL CASE CONCLUSIONS
AT THE BEGINNING OF THE YEAR, 218 CASES WERE PENDING REVIEW AT DOJ,
THE U.S. ATTORNEY, OR FILED IN COURT. BY THE END OF THE THIRD QUAR-
TER, 54 CASES HAD BEEN CONCLUDED AFTER FILING AND FOUR CASES WITH-
DRAWN OR DECLINED PRIOR TO FILING. THE REMAINING 160 CASES PLUS THE
11 CASES RETURNED BY DOJ FOR PRE-FILING NEGOTIATIONS AND THE 48 NEW
CASE REFERRALS COMPRISE A PENDING DOCKET OF 219 CASES.
NOTE: STATE DATA FOR BOTH FY 1987 AND FY 1988 DATA IS LAGGED ONE
QUARTER. THE THIRD QUARTER REPORT COVERS THE FOURTH QUARTER
OF FY 1987 PLUS THE FIRST TWO QUARTERS OF FY 1988.
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AIR ENFORCEMENT ACTIVITY
As Of June 30, 1988
STATE AND EPA
ENFORCEMENT INITIATION
ADMINISTRATIVE ORDERS
(CUMULATIVE)
7QQT
STATE AND EPA
ENFORCEMENT INITIATION
CIVIL REFERRALS
(CUMULATIVE)
EPA CIVIL CONCLUSIONS
25QT
1234
QUARTERS
1234
QUARTERS
A/ER-3,4
LEGEND
D STATE
EPA
BOY ACTIVE CONCLUDED PENDING
CASE DOCKET
LEGEND
PENDING FROM BOY
0 CONCLUDED
D NEW REFERRALS FROM REGIONS
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AIR - FEDERAL FACILITY COMPLIANCE
o THE REGIONS IDENTIFIED 13 FEDERAL FACILITY SIGNIFICANT VIOLATORS AT
THE BEGINNING-OF-THE-YEAR. THE REGIONS TARGETTED TO HAVE ADDRESSED
FIVE OF THE 13 BY THE END OF THE THIRD QUARTER, AND HAVE ADDRESSED
THREE.
O ONE NEW FEDERAL FACILITY SIGNIFICANT VIOLATOR HAS BEEN IDENTIFIED
THUSFAR IN FY 1988.
-24-
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AIR - FEDERAL FACILITY COMPLIANCE
As Of June 30, 1988
SIGNIFICANT VIOLATORS
20-r
BOY
A/ER-i.5
2
QUARTERS
LEGEND
| ADDRESSED
I PENDING
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ASBESTOS DEMOLITION AND RENOVATION ACTIVITY
o THROUGH THE THIRD QUARTER, THE EPA REGIONS REPORT RECEIVING 8,761
NOTIFICATIONS OF ASBESTOS DEMOLITION. THE STATES REPORT RECEIPT OF
16,640 NOTIFICATIONS THROUGH THE SECOND QUARTER.
o THE REGIONS HAVE CONDUCTED 626 INSPECTIONS THROUGH THE THIRD QUARTER
AND REPORT IDENTIFICATION OF 68 SUBSTANTIVE VIOLATIONS. THE STATES
REPORT CONDUCTING 8,584 INSPECTIONS THROUGH THE SECOND QUARTER AND
IDENTIFICATION OF 267 SUBSTANTIVE VIOLATIONS.
o EPA HAS ISSUED 103 ADMINISTRATIVE ORDERS AND REFERRED 30"CIVIL
JUDICIAL ACTIONS, AND THE STATES HAVE ISSUED 44 ADMINISTRATIVE
ACTIONS AND REFERRED 24 CIVIL CASES. IN FY 1987, EPA ISSUED 61
ORDERS THROUGH THE THIRD QUARTER AND REFERRED 14 CIVIL JUDICIAL
ACTIONS. AT THIS TIME LAST YEAR, THE STATES HAD ISSUED 73 ADMINIS-
TRATIVE ACTIONS AND REFERRED 16 JUDICIAL CASES.
NOTE: STATE DATA IS LAGGED ONE QUARTER.
-26-
-------
ASBESTOS DEMOLITION AND RENOVATION ACTIVITY
As Of June 30, 1988
(CUMULATIVE)
18QOO-r
NUMBER
OF
NOTIFICATIONS
A/ER-7
NUMBER
OF
INSPECTIONS
LEGEND
EPA
0 STATES
NUMBER
OF
VIOLATIONS
-------
RADON
IN FY 1988 THE RADON PROGRAM CONTINUES TO WORK WITH STATES AND REGIONS
TO PROVIDE INFORMATION ABOUT RADON TO THE PUBLIC AND TO ASSESS THE
SEVERITY OF THE RADON PROBLEM IN THE UNITED STATES.
SURVEYS
o SEVEN STATES AND SEVERAL INDIAN TERRITORIES CONCLUDE STATE/EPA
INDOOR RADON SURVEYS THIS QUARTER. RESULTS WILL BE ANNOUNCED IN
AUGUST.
O FOUR STATES AND INDIAN NATIONS IN 3 NATIONAL INDIAN HEALTH SERVICE
AREAS HAVE APPLIED TO PARTICIPATE IN THE FY 1989 STATE/EPA INDOOR
RADON SURVEY.
o 15 STATES CONTINUE INDEPENDENT RADON SURVEYS.
o RADON SURVEYS OF SCHOOLS IN 5 STATES FOUND LEVELS OF RADON IN
EXCESS OF 4 pCi/L. RESULTS INCLUDED ELEVATED RADON IN:
5% OF THE 800 CLASSROOMS SCREENED IN DE;
17% OF THE 2,000 SCHOOLS TESTED IN KY;
24% OF THE 25 ROOMS, IN 14 SCHOOLS, IN NM; AND
20% OF 50 SCHOOLS IN WA.
OTHER RADON ACTIVITIES
o THE FLORIDA STATE LEGISLATURE PASSED A BILL REQUIRING THE STATE TO
TEST ALL SCHOOLS FOR RADON. THE IOWA STATE LEGISLATURE PASSED A
BILL REQUIRING ALL RADON MEASUREMENT COMPANIES TO BE CERTIFIED BY
THE STATE.
o THE EPA RADON DIAGNOSIS AND MITIGATION TRAINING COURSE IS BEING
UPDATED. TWO COURSES WERE CONDUCTED THIS QUARTER, ONE FOR THE
U.S. AIR FORCE AND ONE FOR PUBLIC OFFICIALS AND PRIVATE
CONTRACTORS IN SANTA FE, NM. IN ADDITION, FOUR STATES USED EPA
MATERIALS TO PRESENT THEIR OWN TRAINING COURSES THIS QUARTER.
-------
Office of Water
-------
OFFICE OF WATER
THIRD QUARTER HIGHLIGHTS
THE REGIONS AND THE STATES SHOW MIXED PERFORMANCE AGAINST TARGETS (18
OF 35 TARGETS WERE MET OR EXCEEDED).
THERE WERE MAJOR SUCCESSES IN THE DRINKING WATER, GROUND WATER,
PRETREATMENT, NMP MINOR FACILITIES, AND WETLANDS PROGRAMS:
o IN DRINKING WATER AND GROUND WATER:
- LESS THAN 2% OF PUBLIC WATER SYSTEMS WERE IN SIGNIFICANT
NONCOMPLIANCE WITH MICROBIOLOGICAL OR TURBIDITY MCLs.
- IN THE UIC PROGRAM, SEVEN OF EIGHT TARGETS WERE MET.
- TO DATE, 48 SOLE SOURCE AQUIFERS HAVE BEEN DESIGNATED.
- FIVE REGIONS HAVE DEVELOPED WELLHEAD PROTECTION INITIATIVES WITH
ONE STATE EACH.
o IN SURFACE WATER AND WETLANDS:
- IN THE PRETREATMENT PROGRAM, FOUR OF SIX TARGETS WERE MET; STATES
MISSED TARGETS FOR AUDITS AND INSPECTIONS OF LOCAL PRETREATMENT
PROGRAMS.
- THERE WERE MORE NMP MINOR FACILITIES NEEDING CONSTRUCTION PLACED
ON ENFORCEABLE SCHEDULES THAN THEIR END-OF-YEAR TARGET.
- THE REGIONS PREVENTED THE LOSS OF 40% OF WETLANDS ACRES AT RISK,
AND COMPLETED THREE MAJOR WETLAND ADVANCE IDENTIFICATIONS.
THERE WERE MINOR SHORTFALLS IN THE NPDES, STATE WATER QUALITY,
CONSTRUCTION GRANTS, AND OCEAN DUMPING PROGRAMS:
o IN SURFACE WATER:
- IN THE NPDES PROGRAM, THREE OF FOUR TARGETS WERE MISSED; REGIONS
AND STATES ARE BEHIND IN INCLUDING TOXIC LIMITS IN PERMITS, AND
STATES ARE BEHIND IN RESOLVING EVIDENTIARY HEARING REQUESTS.
- IN THE STATE WATER QUALITY PROGRAM, THREE OF FOUR TARGETS WERE
MISSED, BUT SEVEN STATES COMPLETED NONPOINT SOURCE MANAGEMENT
PROGRAMS, AND SIX STATES COMPLETED TOXIC CONTROL ACTION PLANS.
- IN THE CONSTRUCTION GRANTS PROGRAM, TWO OF THREE TARGETS WERE
MISSED: BACKLOGGED ADMINISTRATIVE COMPLETIONS AND PROJECTS
INITIATING OPERATION.
o IN MARINE WATERS:
- IN THE OCEAN OUTFALL AND DUMPING PROGRAM, ALL FOUR TARGETS WERE
MISSED. TO DATE 60 OCEAN DUMPING SITES HAVE BEEN DESIGNATED, NINE
THIS YEAR.
-------
PUBLIC WATER SYSTEMS COMPLIANCE
FOR THE 12 MONTHS ENDING MARCH 31, 1988, LESS THAN TWO PERCENT (841
OF 58,873) OF COMMUNITY WATER SYSTEMS WERE IN SIGNIFICANT NONCOMPLI-
ANCE (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
58,032 SYSTEMS WERE EITHER IN FULL COMPLIANCE OR HAD VIOLATIONS OTHER
THAN SNC.
NOTE: STATE DATA IS LAGGED ONE QUARTER.
-------
PUBLIC WATER SUPPLY ENFORCEMENT
ADDRESSING NONCOMPLIANCE
MICROBIOLOGICAL, TURBIDITY MCLs AND MONITORING/REPORTING AND
TTHM MONITORING AND REPORTING
AT THE END OF THE SECOND QUARTER 1988, THERE WERE 911 COMMUNITY WATER
SYSTEMS (CWS) IN SNC WITH THESE REQUIREMENTS. SINCE THEN 133 HAVE
BEEN RETURNED TO COMPLIANCE AND 146 OTHERS HAVE BEEN ADDRESSED BY AN
ENFORCEMENT ACTION LEAVING AN UNADDRESSED BALANCE OF 632 CWS (1.1%
OF ALL CWS). LAST QUARTER THERE WERE 663 CWS UNADDRESSED.
FIXED BASE CHEMICAL, RADIOLOGICAL AND TTHM (MCL ONLY)
MCLs AND MONITORING/REPORTING
AT THE END OF FY 1987, THERE WERE 2,820 CWS IN SNC. ONE YEAR LATER,
1,567 REMAINED UNADDRESSED. THE UNADDRESSED PLUS 63 NEW SNCs FORM
THE NUCLEUS OF A NEW FIXED BASE OF 1,630 CWS. OF THIS NUMBER, 304
HAVE RETURNED TO COMPLIANCE AND 218 HAVE RECEIVED AN ENFORCEMENT
ACTION FOR A PENDING BALANCE OF 1,108 UNADDRESSED.
ENFORCEMENT ACTIVITY
THROUGH THE SECOND QUARTER, THE REGIONS HAVE ISSUED 89 FINAL ADMINIS-
TRATIVE ORDERS. THE REGIONS ALSO HAVE REFERRED FOUR CIVIL CASES.
THE STATES HAVE ISSUED 414 (162 IN THE SECOND QUARTER) FINAL ADMINIS-
TRATIVE/COMPLIANCE ORDERS AND HAD REFERRED 143 CIVIL CASES TO STATE
ATTORNEYS GENERAL. STATES IN REGIONS III, IV AND V HAVE FILED A
TOTAL OF SIX CRIMINAL REFERRALS IN STATE COURTS.
NOTE: STATE DATA IS LAGGED ONE QUARTER.
-36-
-------
PUBLIC WATER SYSTEMS
RESPONSE TO SNC
As Of March 31, 1988
EXCEPTIONS REPORT
1DOOT
800-
N
U
M
B
E
R
600-
400-
200--
NEW
FIXED BASE
2000T
1600-
1200--
800-
400-
SNC RETURN TO ENFORCEMENT PENDING
COMPLIANCE ACTIONS
SNC RETURN TO ENFORCEMENT PENDING
COMPLIANCE ACTIONS
DW/E-2,3,4
-------
UIC CLASS I WELLS PERMIT DETERMINATIONS
o UIC CLASS I WELLS ARE DEEP WELLS INJECTING WASTE BELOW DRINKING
WATER SOURCES.
MADE BY EPA
o FOR FY 1988, THE REGIONS TARGETED 17 NEW AND EXISTING CLASS I PERMIT
DETERMINATIONS FOR THE YEAR.
o THROUGH THIS QUARTER, THE REGIONS MADE FOUR PERMIT DETERMINATIONS
(TWO WERE DENIED/WITHDRAWN), ACHIEVING 29% OF THEIR TARGET OF 14.
MADE BY PRIMACY STATES
o SINCE DATA FOR THE PRIMACY STATES ARE LAGGED ONE QUARTER, THIS
REPORT COVERS THE SECOND QUARTER.
o AS A PART OF A FIVE YEAR PROGRAM, BY 1990, STATES MUST REPERMIT 435
EXISTING CLASS I WELLS INTO 350 PERMITS (SOME WELLS WILL BE COMBINED
INTO MULTIPLE WELL PERMITS).
o FOR FY 1988, THE STATES COMMITTED TO MAKE PERMIT DETERMINATIONS FOR
28 NEW AND EXISTING CLASS I WELLS.
o BY THE END OF SECOND QUARTER, THE PRIMACY STATES MADE 60 CLASS I
WELL PERMIT DETERMINATIONS, MORE THAN 200% OF THEIR END-OF-YEAR
TARGET.
o 20 PERMITS WERE DENIED/WITHDRAWN OR MODIFIED, AND STATES IN FIVE
REGIONS ISSUED PERMITS FOR 21 NEW WELLS AND 19 EXISTING WELLS. THE
STATES IN REGIONS VI AND VIII DID THE BULK OF THE WORK, WITH REGION
VI ACCOMPLISHING THE MOST (35 PERMIT DETERMINATIONS).
-------
UIC CLASS I PERMIT DETERMINATIONS
(Existing and New)
EPA
As Of June 30, 19BB
QUARTERS
STATES
As Of March 31, 19BB
LEGEND
- TARGET
ACTUAL
NUMBER OF EXISTING
WELLS AS OF 10/1/87: 122
QUARTERS
DATA FOR STATES LAGGED
ONE QUARTER
430
DW-1
-------
UIC CIASS II. III. AND V WELLS PERMIT DETERMINATIONS
o UIC CLASS II WELLS ARE RELATED TO OIL AND GAS PRODUCTION.
O UIC CLASS III WELLS USE SPECIAL PROCESSES TO EXTRACT MINERALS.
o UIC CLASS V WELLS INJECT FLUID INTO/ABOVE DRINKING WATER SOURCES.
(MOST ARE SHALLOW AND WITH LESS SOPHISTICATED CONSTRUCTION.)
MADE BY EPA
o FOR FY 1988, THE REGIONS TARGETED PERMIT DETERMINATIONS FOR 502 NEW
AND EXISTING CLASS II AND III WELLS.
O AT THE END OF THE THIRD QUARTER, THE REGIONS MADE 438 PERMIT
DETERMINATIONS, ACHIEVING 127% OF THEIR TARGET OF 346. THE TOTAL
INCLUDES 153 PERMIT APPLICATIONS DENIED/WITHDRAWN OR MODIFIED, AND
PERMITS ISSUED FOR 177 NEW AND 108 EXISTING WELLS IN SEVEN REGIONS.
MADE BY THE PRIMACY STATES
O IN FY 1988, THE PRIMACY STATES PLAN TO MAKE 5,O34 PERMIT
DETERMINATIONS OF NEW AND EXISTING CLASS II, III AND V WELLS. (DATA
FOR THIS MEASURE ARE LAGGED ONE QUARTER.)
o IN THE SECOND QUARTER, THE PRIMACY STATES MADE 3,618 PERMIT
DETERMINATIONS (OF WHICH 2,204 WERE FOR NEW CLASS II WELLS),
ACHIEVING 150% OF THEIR TARGET OF 2,405.
- THE STATES IN REGION VI MADE OVER HALF OF THE PERMIT
DETERMINATIONS: 2,025 (THEIR TARGET WAS 1,469).
-------
600r
UIC CLASS II, III AND V PERMIT DETERMINATIONS
(Existing and New)
EPA
As Of June 30, 1988
QUARTERS
STATES
As Of March 31, 19BB
BOOQr
6000-
4000-
2000- -
LEGEND
- TARGET
ACTUAL
1 2
QUARTERS
DATA FOR STATES LAGGED
ONE QUARTER
DW-2
NUMBER OF EXISTING WELLS
AS OF 10/1/87: 84,852
201.978
-------
UIC CLASS II MECHANICAL INTEGRITY TESTS (MITs)
UIC MITs ARE TO SEE THAT THE WELL CASINGS AND TUBINGS DO NOT LEAK
AND THAT THE FLUID DOES NOT MIGRATE ALONG THE WELL BORE.
ALL EXISTING CLASS II WELLS MUST DEMONSTRATE MECHANICAL INTEGRITY
WITHIN THE FIRST FIVE YEARS, AND EVERY FIVE YEARS THEREAFTER.
VERIFIED BY EPA
O THE REGIONS HAVE TO VERIFY THE MECHANICAL INTEGRITY TESTS OF 10,625
WELLS OVER THE NEXT TWO YEARS.
O FOR FY 1988, EPA TARGETED 3,769 CLASS II MECHANICAL INTEGRITY TESTS,
BY THE END OF THE THIRD QUARTER, SEVEN REGIONS VERIFIED 2,889
MECHANICAL INTEGRITY TESTS, 118% OF THEIR TARGET OF 2,449.
VERIFIED BY THE PRIMACY STATES
O THE PRIMACY STATES PLAN TO VERIFY THE MECHANICAL INTEGRITY TESTS OF
18,778 EXISTING CLASS II WELLS IN FY 1988. (DATA FOR THIS MEASURE
ARE LAGGED ONE QUARTER.)
O THROUGH THE SECOND QUARTER, THE PRIMACY STATES VERIFIED THE
MECHANICAL INTEGRITY TESTS OF 8,042 WELLS, ACHIEVING 93% OF THEIR
TARGET OF 8,663.
- THE STATES IN REGION IX VERIFIED MOST OF THE MITs, 2,429,
EXCEEDING THEIR TARGET OF 1,100 BY 221%.
- THE STATES IN REGION VI (2,245/5,850) MISSED THEIR TARGET.
-42-
-------
UIC CLASS II WELLS MECHANICAL INTEGRITY TESTS
EPA
As Of June 30, 19BB
STATES
As Of March 31, 19BB
4QOOr
NUMBER OF EXISTING WELLS
AS OF 10/1/87: 27,781
25000T
2000Q-
15000--
10000--
5000- -
LEGEND
- TARGET
ACTUAL
DW-3
140.680
DATA FOR STATES LAGGED
ONE QUARTER
-------
UIC CLASS I WELLS WITH HAZARDOUS WASTE INJECTED
o FOR FY 1988, OW IS TRACKING UIC CLASS I WELLS WHERE HAZARDOUS WASTE
HAS BEEN INJECTED.
o REGION VI HAD THE ONLY THIRD QUARTER TARGET FOR THIS MEASURE (38),
OF WHICH THEY ACCOMPLISHED 0.
o BY THE END OF FY 1988, THE PRIMACY STATES COMMITTED TO CARRYING OUT
THIS WORK FOR 147 CLASS I WELLS WITH HAZARDOUS WASTE, PRIMARILY IN
REGION VI.
o THROUGH THE SECOND QUARTER, THE PRIMACY STATES COMPLETED CORRECTIVE
ACTION PLANS OR IMPLEMENTED NECESSARY CORRECTIVE ACTION MEASURES FOR
82 CLASS I WELLS WITH HAZARDOUS WASTE, 126% OF THEIR TARGET OF 65.
THE STATES IN REGION VI (71/59) DID MOST OF THE WORK.
-------
PRIMACY STATE CLASS I HAZARDOUS WASTE WELLS WITH
CORRECTIVE ACTION PLANS COMPLETED/MEASURES IMPLEMENTED
As Of March 31, 1988
200 T
15Q--
100--
DW(HW)-4
QUARTERS
LEGEND
- TARGET
- ACTUAL
-------
UNDERGROUND INJECTION CONTROL COMPLIANCE
SIGNIFICANT NONCOMPLIANCE
BASED ON FIELD INSPECTIONS, MITs AND SELF-REPORTING, 9,554 WELLS
WERE IDENTIFIED AS BEING IN SNC (6,689 BY THE STATES AND 2,865 BY
EPA). LAST QUARTER, THERE WERE 1,609 WELLS IN SNC.
- 7,838 (82%) OF THE WELLS IN SNC ARE IN REGION V.
ADDRESSING SIGNIFICANT NONCOMPLIANCE
AT THE BEGINNING OF THE THIRD QUARTER, 7,396 WELLS WERE LISTED ON
THE EXCEPTIONS LIST. BY THE END OF THE THIRD QUARTER, 3,611 HAD
RETURNED TO COMPLIANCE AND 1,416 HAD RECEIVED AN ENFORCEMENT ACTION.
THERE ARE 2,319 WELLS ON THE CURRENT EXCEPTIONS LIST.
ENFORCEMENT ACTIONS
THROUGH THE THIRD QUARTER, THE REGIONS HAVE ISSUED 57 FINAL ADMINIS-
TRATIVE ORDERS. THE STATES HAVE ISSUED 714 FINAL ORDERS.
THROUGH THE THIRD QUARTER, THE STATES HAVE REFERRED FIVE CIVIL CASES
(FOUR THIS QUARTER) TO STATE ATTORNEYS GENERAL AND HAVE FILED ONE
CRIMINAL ACTION IN STATE COURTS. EPA HAS REFERRED ONE CIVIL CASE TO
DOJ.
FIELD INSPECTIONS
NATIONALLY, EPA AND THE STATES EXCEEDED THEIR TARGETS FOR FIELD
INSPECTIONS. EPA CONDUCTED 9,239 FIELD INSPECTIONS AGAINST A TARGET
OF 6,453 FOR 140% OF TARGET AND THE STATES CONDUCTED 35,344 AGAINST
A TARGET OF 24,238 FOR 146% OF TARGET.
-------
GROUNDWATER SOLE SOURCE AQUIFER DESIGNATION
SOLE SOURCE AQUIFER (SSA) DESIGNATIONS WERE DEVELOPED TO PROTECT AN
AREA'S ONLY OR PRINCIPAL SOURCE OF DRINKING WATER. THIS PROGRAM WAS
INITIATED IN THE SAFE DRINKING WATER ACT (SDWA) OF 1974 AND
STRENGTHENED IN THE SDWA AMENDMENTS OF 1986.
o UNDER GUIDANCE DEVELOPED TO CARRY OUT THE SDWA AMENDMENTS, THE
REGIONS HAVE THE RESPONSIBILITY TO REVIEW PETITIONS FOR SOLE SOURCE
AQUIFER DESIGNATIONS, AND MAKE DETERMINATIONS TO APPROVE, DENY, OR
RETURN INCOMPLETE PETITIONS TO THE APPLICANT.
O TO DATE, 48 SOLE SOURCE AQUIFERS HAVE BEEN DESIGNATED.
o IN FY 1988, 14 PETITIONS FOR SSA DESIGNATIONS HAVE BEEN RECEIVED:
FOUR IN REGION I, THREE IN REGION V, TWO FOR REGION VIII, AND FIVE
IN REGION IX.
o FROM AMONG THESE AND PREVIOUSLY RECEIVED PETITIONS:
- 21 PETITIONS WERE APPROVED IN EIGHT REGIONS (NOT INCLUDING
REGIONS III AND VII).
- ONE PETITION (IN REGION IV) WAS DENIED.
- 12 PETITIONS WERE RETURNED INCOMPLETE TO APPLICANT.
-Afi-
-------
GROUNDWATER SOLE SOURCE AQUIFER DESIGNATIONS
As Of June 30, 1988
RECEIVED
DENIED
APPROVED
RETURNED
INCOMPLETE
TO APPLICANT
9 12
NUMBER OF PETITIONS
15 18 21
TOTAL SSAa DESIGNATED: 48
GW-1
-------
STATES WITH REGIONAL INITIATIVES FOR WELLHEAD PROTECTION PROGRAM
O FOR FY 1988, THE REGIONS ARE TRACKING AGAINST TARGETS, THE NUMBER OF
STATES IN WHICH REGIONAL INITIATIVES ARE BEING UNDERTAKEN TO DEVELOP
AND IMPLEMENT EITHER A WELLHEAD PROTECTION PROGRAM (WPP) OR
SIGNIFICANT COMPONENTS THEREOF.
O FOR THE THIRD QUARTER, FIVE REGIONS (I, IV, V, VII, AND VII) BEGAN
INITIATIVES IN ONE STATE EACH, MEETING THEIR TARGETS.
-50-
-------
N
U
M
B
E
R
0
F
A
P
P
L
I
C
A
T
I
0
N
S
15-r
10--
5--
STATES WITH REGIONAL
INITIATIVES FOR
WELLHEAD PROTECTION PROGRAM
As Of June 30, 1988
NUMBER OF STATES
AND TERRITORIES: 56
GW-2
QUARTERS
LEGEND
- TARGET
- ACTUAL
-------
NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM fNPDES 1 PERMITS
EACH NPDES PERMIT IS EFFECTIVE FOR UP TO FIVE YEARS. PERMIT
APPLICATIONS ARE DUE AND SHOULD BE ACTED UPON DURING THE LAST SIX
MONTHS OF A PERMIT'S TERM. AS A RESULT OF THE WATER QUALITY ACT,
MORE PERMITS WILL HAVE TOXIC LIMITS. CURRENTLY, ABOUT 7,300 MAJOR
FACILITIES HAVE NPDES PERMITS.
MAJOR FACILITIES NPDES REPERMITTING BY EPA
o IN FY 1988, THE REGIONS COMMITTED TO REISSUE PERMITS TO 329 OF 400
MAJOR FACILITIES WHOSE PERMITS HAVE EXPIRED OR ARE DUE TO EXPIRE
DURING THE YEAR.
O BY THE END OF THE THIRD QUARTER, THE REGIONS REISSUED 148 PERMITS
(INCLUDING 143, OR 96%, WITH WATER QUALITY LIMITS FOR TOXICS),
ACHIEVING 89% OF THEIR TARGET OF 166.
MAJOR FACILITIES NPDES REPERMITTING BY DELEGATED STATES
o IN FY 1988, THE STATES PLAN TO REISSUE PERMITS TO 1,036 OF 1,216
MAJOR FACILITIES WHOSE PERMITS HAVE EXPIRED OR ARE DUE TO EXPIRE
DURING THE YEAR.
o THROUGH THE THIRD QUARTER, THE STATES REISSUED 452 PERMITS
(INCLUDING 355, OR 78%, WITH WATER QUALITY LIMITS FOR TOXICS),
ACHIEVING 71% OF THEIR TARGET OF 632.
-------
MAJOR FACILITY NPDES REPERMITTING
As Of June 30, 1988
EPA
STATES
NUMBER WHICH HAVE EXPIRED
OR WILL EXPIRE BY:
EOYB6
EOY 87
EOY8B
167
325
400
572
1.168
1.216
WQ-1
-------
RESOLVING EVIDENTIARY HEARING REQUESTS
EACH FACILITY (MUNICIPAL, INDUSTRIAL, FEDERAL) IN THE NPDES PERMIT
PROCESS MAY REQUEST AN EVIDENTIARY HEARING. AN EVIDENTIARY HEARING
CAN STAY FACILITY COMPLIANCE WITH PERMIT CONDITIONS.
AT THE START OF FY 1988, EPA AND THE STATES HAD 195 EVIDENTIARY
HEARING REQUESTS PENDING. EPA AND THE STATES PLAN TO RESOLVE 155 OF
THE 195 PENDING CASES (EPA 15 OF 26, AND THE STATES 140 OF 169).
EPA
o BY THE END OF THE THIRD QUARTER, THE REGIONS HAD RESOLVED NINE
EVIDENTIARY HEARING REQUESTS AGAINST A TARGET OF FIVE (160%).
DELEGATED STATES
o THROUGH THE THIRD QUARTER, THE STATES RESOLVED 14 EVIDENTIARY
HEARING REQUESTS AGAINST A TARGET OF 23 (61%).
O REGION III AND V STATES ARE RESPONSIBLE FOR 79% OF THE NATIONAL
TOTAL OF PENDING REQUESTS WITH 90 (53%) AND 45 (26%) RESPECTIVELY.
- REGION III AND OW HAVE NOT REACHED AGREEMENT ON TARGETS FOR THIS
FISCAL YEAR. REGION III STATES HAVE RESOLVED FOUR EVIDENTIARY
HEARING REQUESTS OF 90 PENDING.
- REGION V STATES HAVE RESOLVED FIVE EVIDENTIARY HEARING REQUESTS
OF 45 PENDING.
-------
RESOLVING EVIDENTIARY HEARING REQUESTS
As Of June 30, 1988
EPA
UOj
12D--
100--
BO
60--
40--
20--
QUARTERS
LEGEND
- TARGET
ACTUAL
WO-4
EVIDENTIARY HEARING
REQUEST PENDING
AS OF 10/1/B6: 45
10/1/87: 26
STATES
QUARTERS
115
169
-------
NPDES COMPLIANCE STATUS
O NINETY-THREE PERCENT OF THE 3,485 MAJOR INDUSTRIAL FACILITIES ARE
NOT IN SIGNIFICANT NONCOMPLIANCE, THE SAME AS LAST QUARTER'S RATE.
REGIONS IV, VI, VII, VIII, IX AND X HAD OVERALL COMPLIANCE RATES OF
93% OR BETTER.
O EIGHTY-FOUR PERCENT OF THE 3,730 MAJOR MUNICIPAL FACILITIES ARE NOT
IN SIGNIFICANT NONCOMPLIANCE, A DECREASE OF 3% FROM LAST QUARTER'S
87%.
REGIONS I, IV, VII, VIII, IX AND X HAD OVERALL COMPLIANCE RATES OF
84% OR BETTER.
NPDES INSPECTION ACTIVITY
o FOR COVERAGE OF MAJOR NPDES FACILITIES, THE REGIONS AND STATES HAVE
INSPECTED 5,153 MAJOR FACILITIES AGAINST A COMBINED TARGET OF 4,687
FOR 110% OF TARGET. REGIONS V, VI AND X MISSED THEIR TARGETS.
NOTE: DATA REPRESENT STATUS OF FACILITIES NOT IN SIGNIFICANT NONCOM-
PLIANCE AS OF MARCH 31, 1988.
-------
NPDES COMPLIANCE STATUS
As Of March 31, 1988
MAJOR INDUSTRIALS
MAJOR MUNICIPALS
93%
LEGEND
D NOT IN SNC
SNC
84%
16X
WQ/E-1,2
-------
RESPONSE TO SIGNIFICANT NONCOMPLIANCE
EXCEPTIONS LIST
o THE NUMBER OF MAJOR INDUSTRIAL AND MUNICIPAL FACILITIES IN SNC FOR
TWO OR MORE CONSECUTIVE QUARTERS WITHOUT BEING ADDRESSED OR RETURNED
TO COMPLIANCE INCREASED FROM THREE TO FOUR PERCENT OF ALL MAJOR
FACILITIES. THERE ARE 74 FACILITIES (18 INDUSTRIAL AND 56 MUNICIPAL)
THAT HAVE BEEN IN SNC FOR A YEAR OR MORE WITHOUT BEING ADDRESSED.
THIS IS AN INCREASE FROM LAST QUARTER'S 49 AND REPRESENTS 28% OF THE
EXCEPTIONS REPORT.
- FOR MAJOR INDUSTRIALS, OF 63 FACILITIES FROM THE PREVIOUS QUARTER'S
EXCEPTIONS LIST, 17 HAVE RETURNED TO COMPLIANCE AND 13 HAVE
ENFORCEMENT ACTIONS INITIATED. THE REMAINING 33 PLUS 48 NEW SIG-
NIFICANT VIOLATORS ON THE EXCEPTIONS REPORT CONSTITUTE THE PENDING
BALANCE OF 81. THERE ARE 3,485 MAJOR INDUSTRIALS AND TWO PERCENT
OF THESE ARE PENDING ON THE EXCEPTIONS REPORT, THE SAME AS LAST
QUARTER.
- FOR MAJOR MUNICIPALS, OF 161 FACILITIES FROM THE PREVIOUS QUARTER'S
EXCEPTIONS LIST, 37 HAVE RETURNED TO COMPLIANCE AND 34 HAVE
ENFORCEMENT ACTIONS INITIATED. THE REMAINING 90 PLUS 93 NEW SIG-
NIFICANT VIOLATORS ON THE EXCEPTIONS REPORT CONSTITUTE THE PENDING
BALANCE OF 183. THERE ARE 3,730 MAJOR MUNICIPALS AND FIVE PERCENT
OF THESE ARE PENDING ON THE EXCEPTIONS REPORT, AN INCREASE FROM
LAST QUARTER'S FOUR PERCENT.
-------
100T
RESPONSE TO SIGNIFICANT NONCOMPLIANCE
EXCEPTIONS REPORT
As Of June 30, 1988
MAJOR
INDUSTRIALS
SNC RETURNED ENFORCEMENT PENDING
TO ACTIONS
COMPLIANCE
200r
MAJOR
MUNICIPALS
SNC RETURNED ENFORCEMENT PENDING
TO ACTIONS
COMPLIANCE
WQ/E-4,5,6,7
LEGEND
D SNC 2 CONSECUTIVE QUARTERS
SNC FOR MORE THAN 2 CONSECUTIVE QUARTERS
-------
NPDES ENFORCEMENT ACTIVITY
O THROUGH THE THIRD QUARTER, EPA HAS ISSUED 840 ADMINISTRATIVE ORDERS
(INCLUDING 41 FOR FAILURE TO IMPLEMENT A PRETREATMENT PROGRAM),
COMPARED TO 681 THROUGH THE SAME QUARTER LAST YEAR. THE STATES HAVE
ISSUED 817 ORDERS COMPARED TO 1,275 LAST YEAR.
O THROUGH THE THIRD QUARTER, THE REGIONS HAVE REFERRED 64 CIVIL CASES
(39 FOR THE QUARTER) COMPARED TO 51 LAST YEAR PLUS 13 PRE-REFERRAL
NEGOTIATIONS CASES. THE STATES HAVE REFERRED 200 CIVIL CASES THIS
PAST QUARTER (415 CUMULATIVELY), COMPARED TO 177 AT THIS TIME LAST
YEAR.
O REGIONS I, IV, AND VI EACH HAD A CRIMINAL REFERRAL IN THE THIRD
QUARTER. NATIONALLY, THERE HAVE BEEN EIGHT CRIMINAL REFERRALS FOR
THE YEAR.
-------
500T
NPDES ENFORCEMENT ACTIVITY
As Of June 30, 1988
ADMINISTRATIVE ORDERS
2 3
QUARTERS
225-r
WO/E-10,11
LEGEND
EPA
0 STATES
CIVIL REFERRALS
QUARTERS
-------
STATUS OF MAJOR NPDES FEDERAL FACILITIES
O EIGHT-SIX PERCENT OF THE 151 MAJOR FEDERAL FACILITIES ARE NOT IN
SIGNIFICANT NONCOMPLIANCE, A ONE PERCENT IMPROVEMENT FROM LAST
QUARTER.
O OF THE EIGHT FEDERAL FACILITIES FROM THE LAST QUARTER'S EXCEPTIONS
LIST, ONE WAS RETURNED TO COMPLIANCE AND ONE HAD AN ENFORCEMENT
ACTION INITIATED. THE REMAINING SIX PLUS FOUR NEW SIGNIFICANT
VIOLATORS ON THE EXCEPTIONS REPORT CONSTITUTE THE PENDING BALANCE
OF 10 FACILITIES. SEVEN PERCENT OF ALL MAJOR FEDERAL FACILITIES
ARE PENDING ON THE EXCEPTIONS REPORT, AN INCREASE OF TWO PERCENT
FROM LAST QUARTER. THERE ARE TWO FACILITIES THAT HAVE BEEN IN SNC
FOR FOUR OR MORE QUARTERS.
-------
STATUS OF MAJOR NPDES FEDERAL FACILITIES
As Of June 30, 1988
COMPLIANCE STATUS
14X
LEGEND
D NOT IN SNC 86X
SNC
14%
RESPONSE TO NEW VIOLATIONS
DYNAMIC BASE
1QT
WQ/E-3,7.8,9
SNC RETURNED ENFORCEMENT PENDING
TO ACTIONS
COMPLIANCE
LEGEND
D SNC 2 CONSECUTIVE QUARTERS
SNC MORE THAN 2 CONSECUTIVE QUARTERS
-------
LOCAL PRETREATMENT PROGRAM AUDITS AND INSPECTIONS
o THERE ARE 1,401 APPROVED LOCAL PRETREATMENT PROGRAMS (637 IN THE
REGIONS AND 764 IN THE STATES).
AUDITS
O BY THE END OF THE YEAR, 22% OF THE LOCAL PRETREATMENT PROGRAMS (149
IN THE REGIONS AND 166 IN THE STATES) ARE TO BE AUDITED.
O THROUGH THE THIRD QUARTER, THE REGIONS AUDITED 98 LOCAL PRETREATMENT
PROGRAMS (EXCEEDING THEIR TARGET OF 93), AND THE STATES AUDITED 107
LOCAL PRETREATMENT PROGRAMS (ALMOST MAKING THEIR TARGET OF 110).
INSPECTIONS
o DURING FY 1988, 75% OF THE LOCAL PRETREATMENT PROGRAMS (334 IN THE
REGIONS AND 712 IN THE STATES) ARE TO BE INSPECTED.
o BY THE END OF THE THIRD QUARTER, THE REGIONS INSPECTED 229 LOCAL
PRETREATMENT PROGRAMS (105% OF THEIR TARGET OF 217), AND THE STATES
HAD INSPECTED 446 LOCAL PRETREATMENT PROGRAMS (95% OF THEIR TARGET
OF 469).
-------
LOCAL PRETREATMENT PROGRAM AUDITS & INSPECTIONS
As Of June 30, 1988
EPA STATES
180T
40QT
QUARTERS
EPA
LEGEND
TARGET BQQT
WQ-5
1 2 3
QUARTERS
NUMBER OF LOCAL
PRETREATMENT PROGRAMS
AS OF 10/1/87: 637
QUARTERS
STATES
764
-------
LOCAL PRETREATMENT PROGRAM ADEQUATE CONTROL MECHANISMS
O POTWs WHICH HAVE HAD PRETREATMENT PROGRAMS FOR SEVERAL YEARS SHOULD
HAVE ADEQUATE CONTROL MECHANISMS INSTALLED FOR 95% OF SIGNIFICANT
INDUSTRIAL USERS OVER THE NEXT TWO YEARS. HALF OF THE PROGRAMS
SHOULD BE REVIEWED IN FY 1988, AND HALF IN FY 1989.
o POTWs WILL BE INCLUDED IF THEY HAVE ADEQUATE CONTROL MECHANISMS
(E.G. LOCAL LIMITS) OR AN ENFORCEABLE SCHEDULE.
o BY THE END OF THE YEAR, EPA PLANS TO REVIEW 318 OF 635 LOCAL
PRETREATMENT PROGRAMS, AND THE STATES PLAN TO REVIEW 371 OF 769.
EPA
o THROUGH THE THIRD QUARTER, THE REGIONS HAD DETERMINED THAT 213 LOCAL
PRETREATMENT PROGRAMS HAD ADEQUATE CONTROL MECHANISMS, 126% OF THEIR
TARGET OF 169.
APPROVED PRETREATMENT STATES
O BY THE END OF THE THIRD QUARTER, THE STATES HAD DETERMINED THAT 507
LOCAL PRETREATMENT PROGRAMS HAD ADEQUATE CONTROL MECHANISMS, 206% OF
THEIR TARGET OF 246, AND EXCEEDING THEIR END-OF-YEAR TARGET.
-------
PRETREATMENT POTWs WITH ADEQUATE CONTROL MECHANISMS
As Of June 30, 1988
EPA
STATES
525r
2
QUARTERS
NUMBER OF APPROVED
PRETREATMENT PROGRAMS
AS OF 10/1/87: 635
LEGEND
- TARGET
-- ACTUAL
2
QUARTERS
769
WQ-6
-------
NATIONAL MUNICIPAL POLICY IMPLEMENTATION
THE GOAL OF THE NATIONAL MUNICIPAL POLICY, ISSUED JANUARY 30, 1984,
IS TO HAVE ALL POTWs ACHIEVE SECONDARY OR BETTER WASTEWATER
TREATMENT BY JULY 1, 1988.
OF THE 3,771 MAJOR POTWs (OVER ONE MILLION GALLONS PER DAY), 1,478
HAD NOT ACHIEVED THAT GOAL WHEN THE NMP WAS ISSUED.
FOR THE PROGRAM TO DATE, OF THESE 1,478 MAJOR FACILITIES:
- 1,055 HAD ACHIEVED COMPLIANCE, OF WHICH:
- 531 USE SECONDARY TREATMENT, AND
- 524 USE ADVANCED TREATMENT;
- 423 HAD NOT ACHIEVED COMPLIANCE, OF WHICH:
- 235 WERE PUT ON ENFORCEABLE SCHEDULES, AND
- 188 WERE NOT ON ENFORCEABLE SCHEDULES.
WITH VIRTUALLY ALL MAJOR POTWs BUILT OR IN VARIOUS STAGES OF
CONSTRUCTION, OW'S FOCUS IN FY 1988 IS ON:
- ENFORCING SCHEDULES FOR MAJOR POTWs (THREE ENFORCEMENT ACTIONS
AGAINST 170 FACILITIES IN SNC WITH MCP SCHEDULES BY THE END OF
THIS QUARTER), AND
- PLACING MINOR POTWs ON ENFORCEABLE SCHEDULES.
MINOR MUNICIPAL FACILITIES REQUIRING CONSTRUCTION
o MINOR MUNICIPAL FACILITIES REQUIRING CONSTRUCTION DECREASED FROM
3,361 IN FY 1986, TO 945 IN FY 1987, TO 333 IN FY 1988.
o BY THE END OF FY 1988, EPA AND THE STATES PLAN TO PUT 218 OF THE
REMAINING 333 MINOR MUNICIPAL FACILITIES ON ENFORCEABLE SCHEDULES.
o THROUGH THE THIRD QUARTER, EPA AND THE STATES PUT 252 MINOR
MUNICIPAL FACILITIES ON ENFORCEABLE SCHEDULES, EXCEEDING THEIR END-
OF YEAR TARGET. MORE THAN 90% OF THE UNIVERSE, AND 75% OF THE WORK
DONE, WAS IN REGION V (191/160).
-------
MINOR MUNICIPAL FACILITIES NEEDING CONSTRUCTION
PLACED ON ENFORCEABLE SCHEDULES
As Of June 30, 1988
220r
N
U
M F
B A
E C
R I
L
0 |
F T
I
M E
I S
N
0
R
165-
110--
55-
WQ-8
NUMBER OF MINOR
MUNICIPAL FACILITIES
NEEDING CONSTRUCTION: 333
LEGEND
- TARGET
ACTUAL
200
LEGEND
E3 TARGET
m ACTUAL
-------
MUNICIPAL POLICY IMPLEMENTATION
STATUS OF MUNICIPAL COMPLIANCE PLANS AS OF JUNE 30, 1988
o THERE ARE 790 MAJOR FACILITIES WITH MUNICIPAL COMPLIANCE PLAN
SCHEDULES. OF THIS NUMBER, 131 OR 17% OF THEM ARE IN SNC WITH
THEIR SCHEDULES. LAST QUARTER, 22% OF THE FACILITIES WERE IN SNC.
o ONLY FIVE ENFORCEMENT ACTIONS HAVE BEEN TAKEN BY EPA AND SIX TAKEN
BY STATES THUSFAR IN FY 1988 TO ADDRESS SIGNIFICANT NONCOMPLIANCE
VIOLATIONS OF MUNICIPAL COMPLIANCE PLANS.
-------
MUNICIPAL COMPLIANCE PLAN
As Of June 30, 1988
100-r
P
E
R
C
E
N
T I
0
M M
P C
I" P
A
N
C
E
75--
50--
0
REGIONS
TOTAL
FACniTTES
X NATIONAI
26 790
WQ-9,10
LEGEND
% IN SNC WITH MCP SCHEDULES
% IN COMPLIANCE WITH MCP SCHEDULES
-------
STATE NONPOINT SOURCE fNPS) PROGRAMS
o §319 OF THE WATER QUALITY ACT, AS AMENDED, REQUIRES EACH STATE TO
PREPARE AND SUBMIT TO EPA, BY AUGUST 4, 1988, A NONPOINT SOURCE
(NPS) ASSESSMENT REPORT, AS WELL AS A NFS MANAGEMENT PROGRAM WHICH
ADDRESSES THOSE NPS IMPACTED WATERS, IDENTIFIED IN THE ASSESSMENT
REPORT, WHICH HAVE BEEN TARGETED FOR CONCERTED ACTION OVER THE NEXT
FOUR YEARS.
o THE CORE ELEMENTS OF THE NPS ASSESSMENT REPORTS WERE TO BE SUBMITTED
BY THE STATE AS PART OF THEIR §305(b) REPORTS DUE APRIL 1, 1988. ALL
STATES ARE REQUIRED TO SUBMIT COMPLETED NPS ASSESSMENT AND
MANAGEMENT PROGRAMS BY AUGUST 4, 1988. EPA MUST SUBMIT A NPS REPORT
TO CONGRESS BY JANUARY 1, 1989, SUMMARIZING PROGRESS MADE IN
IMPLEMENTING §319.
o IN FY 1988, OW WILL BE TRACKING PROGRESS TOWARD THESE STATUTORY
REQUIREMENTS.
o BY THE END OF THE THIRD QUARTER, 37 STATES, SPREAD OVER ALL TEN
REGIONS, HAD SUBMITTED ADEQUATE NPS ASSESSMENT REPORTS; THE TARGET
WAS 50.
o IN THE THIRD QUARTER, SEVEN STATES IN FOUR REGIONS HAD COMPLETED NPS
MANAGEMENT PROGRAMS; THE TARGET WAS NINE.
- THE SEVEN STATES ARE: MISSISSIPPI; OHIO, MICHIGAN, WISCONSIN;
UTAH, MONTANA; AND CALIFORNIA.
-72-
-------
STATE NONPOINT SOURCE PROGRAMS
As Of June 30, 1988
ASSESSMENT REPORTS
MANAGEMENT PROGRAMS
QUARTERS
NUMBER OF STATES
AND TERRITORIES: 56
60-r
50--
40--
30--
20--
10--
LEGEND
-" TARGET
ACTUAL
QUARTERS
WQ-13
-------
STATE WATER QUALITY BASED TOXIC CONTROL PROGRAM REVIEWS
o IN FY 1988, THE REGIONS WILL CONDUCT BROAD, COMPREHENSIVE REVIEWS OF
STATE PROGRAMS FOR IDENTIFYING AND CONTROLLING TOXIC DISCHARGES.
O BASED ON THE PROGRAM REVIEWS AND IDENTIFIED ACTION ITEMS, THE
REGIONS AND STATES WILL DEVELOP FULLY EFFECTIVE PROGRAMS FOR
PROGRESSIVELY ADDRESSING TOXIC POLLUTANTS IN SURFACE WATERS.
o THE REGIONS COMMITTED TO ASSESS 48 OF 56 STATES' AND TERRITORIES'
TOXIC CONTROL PROGRAMS BY THE END OF FY 1988.
o THE REGIONS HAVE COMPLETED 44 COMPREHENSIVE ASSESSMENTS THROUGH THE
THIRD QUARTER, AGAINST A TARGET OF 38.
o 50 OF THE 56 STATES AND TERRITORIES COMMITTED TO COMPLETE TOXIC
CONTROL ACTION PLANS BY THE END OF FY 1988.
O BY THE END OF THE THIRD QUARTER, SIX STATES HAD COMPLETED TOXIC
CONTROL ACTION PLANS AGAINST A TARGET OF TEN.
- IN THE FIRST TWO QUARTERS, DELAWARE, MICHIGAN, WISCONSIN, MONTANA
AND OHIO COMPLETED TOXIC CONTROL ACTION PLANS.
- THIS QUARTER, WYOMING COMPLETED A TOXIC CONTROL ACTION PLAN.
-------
STATES WITH TOXIC CONTROL PROGRAMS FOR SURFACE WATER
As Of June 30, 1988
5Dr
EPA COMPREHENSIVE
ASSESSMENTS COMPLETED
1 2
QUARTERS
STATE ACTION
PLANS DEVELOPED
NUMBER OF STATES
AND TERRITORIES: 56
50r
40--
N
U
M
B
E 30+
R
0
F
P
L
A
N
S
20--
10--
OUARTERS
LEGEND
- TARGET
ACTUAL
WO-24,25
-------
CONSTRUCTION GRANT PROGRAM
O SINCE 1970, THE CONSTRUCTION GRANTS PROGRAM HAS AWARDED OVER 11,000
GRANTS TO MUNICIPALITIES TOTALLING MORE THAN $40 BILLION. DESPITE
CONSIDERABLE PROGRESS, AS OF JANUARY 1986, THERE WERE STILL:
- 140 COMMUNITIES DISCHARGING UNTREATED WASTEWATER,
- 3,100 COMMUNITIES WITH FAILING ONSITE WASTEWATER TREATMENT
PLANTS, AND
- 2,000 COMMUNITIES WITH POTWs PROVIDING ONLY PRIMARY/ADVANCED
PRIMARY WASTEWATER TREATMENT.
O THE CONSTRUCTION GRANTS PROGRAM CONTINUES TO PROVIDE FUNDS TO BUILD
POTWs, AS WELL AS TO SUPERVISE THE DEVELOPMENT OF STATE REVOLVING
FUNDS FOR LOANS.
CONSTRUCTION GRANT NET OUTLAYS
O IN FY 1988, EPA HAS TARGETED TO OUTLAY $2,624.5 MILLION FOR THE
CONSTRUCTION GRANTS PROGRAM TO BUILD POTWs.
O THROUGH THE THIRD QUARTER, $1,880.3 MILLION WAS SPENT, 94.7% (JUST
BELOW THE ACCEPTED +/-5% WINDOW) OF THE TARGET OF $1,987.3 MILLION.
- FOUR REGIONS (II, III, IV, AND VII) WERE WITHIN THE +/~5% RANGE.
- SIX REGIONS (I, V, VI, VIII, IX, AND X) WERE OUTSIDE THE +/-5%
RANGE, ONE BY 20% (R VIII).
-------
3QQQT
CONSTRUCTION GRANTS NET OUTLAYS
As Of June 30, 1988
105T
100
P
E
R
C
E
N
T
0
F
0
II
T
L
A
Y
T
A
R
G
E
T
95
80--
60-
40-
20--
i n m iv v vi vii vin ix
TOTAL $ 137'1 258'5 444'3 1DO-2 16°-
(In millions)
352.6 208.9 128.4
39.7
X Ntl.
4 1,880.3
50.2
WQ-16
-------
CONSTRUCTION GRANTS - BACKLOGGED ADMINISTRATIVE COMPLETIONS
o BACKLOGGED ADMINISTRATIVE COMPLETIONS ARE POTW PROJECTS THAT HAVE
NOT BEEN ADMINISTRATIVELY COMPLETED WITHIN 12 TO 18 MONTHS AFTER
THEY HAVE INITIATED OPERATION.
o AT THE START OF FY 1988, THERE WERE 2,051 BACKLOGGED ADMINISTRATIVE
COMPLETION PROJECTS (MORE THAN 60% IN REGIONS II, III, AND V).
- THE TOTAL INCLUDES OVER 1,000 PROJECTS WHICH WERE CARRIED OVER TO
THIS YEAR, NOW 24 TO 30 MONTHS IN OPERATION WITHOUT
ADMINISTRATIVE COMPLETION.
- OF THE TOTAL, 1,450 ARE TARGETED FOR COMPLETION BY THE END OF THE
YEAR.
o BY THE END OF THE THIRD QUARTER, THE REGIONS COMPLETED 810 PROJECTS,
83% OF THEIR TARGET OF 974.
- REGIONS II (WITH 536), III (WITH 347), AND V (WITH 366) HAVE THE
LARGEST BACKLOGS. ALL THREE REGIONS, II (138/152), III (117/134),
AND V (187/260) MISSED THEIR TARGETS.
O SEVERAL REGIONS (II AND III IN PARTICULAR) HAVE HAD DIFFICULTY IN
GETTING THEIR STATES TO COMMIT NEEDED RESOURCES TO THE
ADMINISTRATIVE COMPLETION EFFORT.
-78-
-------
CONSTRUCTION GRANTS PROJECTS
BACKLOGGED ADMINISTRATIVE COMPLETIONS
As Of June 30, 1988
1500T
260-r
1 2
QUARTERS
ADMINISTRATIVE COMPLETION
BACKLOG AS OF 10/1/86: 2.637
10/1/87: 2,051
LEGEND
TARGET
WQ-18 - ACTUAL
UNIVERSE 133 536 347 126 366 119 175 92 127 30
LEGEND
0 TARGET
ACTUAL
-------
CONSTRUCTION GRANTS - NMP PROJECTS INITIATING OPERATION
o NATIONAL MUNICIPAL POLICY (NMP) POTWs ARE TO ACHIEVE SECONDARY OR
BETTER TREATMENT BY JULY 1, 1988.
O BY THE END OF FY 1988, OUT OF 687 POTENTIAL NMP PROJECTS WHICH COULD
START, EPA HAS TARGETED 511 TO INITIATE OPERATION.
o THROUGH THE THIRD QUARTER, 298 NMP PROJECTS HAD INITIATED OPERATION,
79% OF THE TARGET OF 388.
o REGIONS IV (WITH 112) AND V (WITH 182) HAVE 43% OF ALL THE POTENTIAL
NMP PROJECTS WHICH COULD START THIS YEAR.
- IN REGION IV, 57 NMP PROJECTS HAVE INITIATED OPERATION, 62% OF
ITS TARGET OF 92.
- IN REGION V, 79 NMP PROJECTS HAVE INITIATED OPERATION, 81% OF ITS
TARGET OF 97.
-80-
-------
625-r
CONSTRUCTION GRANT NATIONAL MUNICIPAL
POLICY PROJECTS INITIATING OPERATION
As Of June 30, 1988
100r
PROJECTS PENDING
AS OF 10/1/B6: 496
10/1/87: 687
QUARTERS
LEGEND
- TARGET
i n m rv v vi vir vm ix x
UNIVERSE 55 78 69 112 182 53 49 44 29 16
LEGEND
3 TARGET
WQ-19
- ACTUAL
ACTUAL
-------
WETLANDS PROTECTION - ACREAGE AT RISK
THE DEFINITION OF "WETLANDS ACRES AT RISK" HAS BEEN REVISED.
CURRENTLY, IT MEANS THOSE ACRES OF WETLANDS AND SPECIAL AQUATIC
SITES IDENTIFIED IN CORPS OF ENGINEERS7 PUBLIC NOTICES OF §404
DREDGE AND FILL PROJECTS WHERE EPA RAISES SIGNIFICANT ISSUES DURING
PERMIT REVIEW.
O IN THE THIRD QUARTER, 16,107 WETLANDS ACRES WERE AT RISK WITHIN THE
SCOPE OF EPA ACTIVITIES. THE BULK OF THE ACRES AT RISK WERE IN
REGIONS III (10,346), V (2,457), AND VI (1,300).
O DURING THE THIRD QUARTER, EPA WAS ABLE TO PREVENT THE LOSS OF 6,400
ACRES, 40% OF THE ACRES AT RISK. MOST OF THIS WAS IN REGIONS V
(2,299) AND VI (2,068).
O THE REGIONS NOTE THAT THESE NUMBERS ARE ESTIMATES. THERE ARE
PROBLEMS WITH THE DATA BASE FOR SEVERAL REASONS, INCLUDING
DIFFICULTIES WITH THE MEASUREMENT OF ACRES, AND WITH DEFINITIONS OF
WHERE LOSS WAS AVOIDED.
-82-
-------
WETLANDS AND SPECIAL AQUATIC SITE ACRES
As Of June 30, 1988
18000-r
WQ-20
QUARTERS
LEGEND
ACRES AT RISK - 16.107
ACRES LOSS AVOIDED DUE TO EPA - 6,400
-------
WETLANDS PROTECTION - ADVANCE IDENTIFICATION
ADVANCE IDENTIFICATION INITIATED
o INITIATING ADVANCE IDENTIFICATION OF WETLANDS AND SPECIAL AQUATIC
SITES INVOLVES GEOGRAPHIC IDENTIFICATION AND MANAGEMENT APPROVAL FOR
PURSUING THE ADVANCE IDENTIFICATION.
O IN FY 1988, THE REGIONS PLAN TO INITIATE 11 ADVANCE IDENTIFICATIONS.
o THROUGH THE THIRD QUARTER, THE REGIONS HAD INITIATED 11 ADVANCE
IDENTIFICATIONS (THEIR TARGET WAS SIX) OF WHICH 10 WERE MAJOR
(1000 OR MORE ACRES).
ADVANCE IDENTIFICATION COMPLETED
o COMPLETING ADVANCE IDENTIFICATION OF WETLANDS AND SPECIAL AQUATIC
SITES OCCURS WHEN A FINAL DOCUMENT IS SIGNED SPECIFYING THE AREA
SUITABLE OR UNSUITABLE FOR DISCHARGE.
o IN FY 1988, THE REGIONS PLAN TO COMPLETE 15 ADVANCE IDENTIFICATIONS.
o IN THE THIRD QUARTER, THE REGIONS HAD COMPLETED THREE ADVANCE
IDENTIFICATIONS (THEIR TARGET WAS SIX), ALL MAJOR.
- REGION I'S SITE IS MAJOR, ONE-HALF OF YORK COUNTY, ME. (ABOUT
600,000 ACRES).
- REGION HI'S SITE IS MAJOR, CEDAR ISLAND, VA. (ABOUT 2,300
ACRES).
- REGION X'S SITE IS MAJOR, CENTRAL SOUND/PUGET SOUND, WA.
-84-
-------
12T
10--
WETLANDS AND SPECIAL AQUATIC SITES
ADVANCE IDENTIFICATION ACTIONS
As Of June 30, 1988
ACTIONS INITIATED ACTIONS COMPLETED
QUARTERS
10-.
LEGEND
- TARGET
QUARTERS
WQ-21,22
ACTUAL
-------
SECTION 404 ENFORCEMENT
O AT THE BOY, 260 SITES WERE IN SIGNIFICANT VIOLATION. THROUGH THE
THIRD QUARTER AN ADDITIONAL 428 SIGNIFICANT SITES HAVE BEEN IDENTI-
FIED FOR A TOTAL OF 688 SITES TO BE RESOLVED.
O BY THE END OF THE THIRD QUARTER 338 SITES HAVE BEEN RESOLVED LEAVING
350 SITES REMAINING TO BE RESOLVED.
- 184 SITES WERE RESOLVED BY ENFORCEMENT ACTION.
61 WERE RESOLVED BY VOLUNTARY RESTORATION/CORRECTION.
49 WERE RESOLVED BY CORPS OF ENGINEERS (COE) WITH AFTER-THE-
FACT PERMITS WITH RESTORATION/MITIGATION.
44 WERE RESOLVED BY COE WITH AFTER-THE-FACT PERMITS.
O THROUGH THE THIRD QUARTER, 513 OF THE 688 SITES HAVE RECEIVED AN
ENFORCEMENT ACTION.
o THE REGIONS HAVE CONDUCTED 821 FIELD INVESTIGATIONS.
-------
SECTION 404
PROGRESS IN RESOLVING SIGNIFICANT VIOLATOR SITES
As Of June 30, 1988
700-r
SVs
DETECTED
SVs
RESOLVED
SVs
UNRESOLVED
WQ/E-16
-------
MARINE DISCHARGE PERMITS ISSUED REFLECTING §301fh) DECISIONS
o §301(h) OF THE CLEAN WATER ACT OF 1972 SAYS THAT PERMITS MAY BE
ISSUED TO POTWs WITH MODIFICATIONS FOR DISCHARGES INTO MARINE
WATERS. THESE PERMITS REQUIRE APPLICABLE WATER QUALITY STANDARDS
FOR SPECIFIC POLLUTANTS; MAINTAINING WATER QUALITY TO PROTECT PUBLIC
WATER SUPPLIES, INDIGENOUS SHELLFISH, FISH, WILDLIFE, AND RECREATION
ACTIVITIES IN AND ON THE WATER; PRETREATMENT; ELIMINATION OF TOXICS;
AND VOLUME CONTROL.
o OUT OF A TOTAL OF 208 PERMIT APPLICATIONS SEVERAL YEARS AGO, 26
REMAIN. OF THESE, 16 ARE TARGETED FOR THE END OF FY 1988.
o THROUGH THE THIRD QUARTER OF FY 1988, ONE PERMIT HAS BEEN ISSUED (BY
REGION I IN THE SECOND QUARTER) AGAINST A NATIONAL TARGET OF THREE.
-flR-
-------
16-r
14--
U 12
M
B
R 1°
0
F 8
R
M
6--
T 4
S
2--
0-
PERMITS ISSUED REFLECTING
301(h) DECISIONS
As Of June 30, 1988
_
2
QUARTERS
i
3
i
4
UNIVERSE: 26(OUT OF 208 THREE YEARS AGO)
NUMBER OF PERMIT
APPLICATIONS REMAINING
AS OF 10/1/87:26
WQ-14
LEGEND
- TARGET
- ACTUAL
ORIGINAL NUMBER OF
PERMIT APPLICATIONS: 208
-------
OCEAN DUMPING
o THERE WERE 150-160 SITES PROPOSED FOR OCEAN DUMPING SEVERAL YEARS
AGO. EPA IS WORKING TO COMPLETE ACTIONS ON THESE, TRACKING THREE
STAGES: DRAFT AND FINAL ENVIRONMENTAL IMPACT STATEMENTS, AND SITE
DESIGNATIONS.
DRAFT ENVIRONMENTAL IMPACT STATEMENTS
o BY THE END OF FY 1988, THE REGIONS PLAN TO COMPLETE 13 DRAFT
ENVIRONMENTAL IMPACT STATEMENTS (EISs), OUT OF THE 61 REMAINING.
O THROUGH THE THIRD QUARTER, REGIONS IV AND VI EACH COMPLETED ONE
DRAFT EIS FOR A TOTAL OF TWO AGAINST A TARGET OF 10.
FINAL ENVIRONMENTAL IMPACT STATEMENTS
o BY THE END OF FY 1988, THE REGIONS PLAN TO COMPLETE 15 FINAL EISs,
OUT OF 68 REMAINING.
o THROUGH THE THIRD QUARTER, REGIONS II (2/1), IV(l/2), AND VI(2/2)
COMPLETED FINAL EISs FOR A TOTAL OF FIVE AGAINST A TARGET OF 10.
OCEAN DUMPING SITE DESIGNATIONS
o BY THE END OF FY 1988, THE REGIONS PLAN TO DESIGNATE 23 OCEAN
DUMPING SITES, OUT OF 106 REMAINING.
o AGAINST A THIRD QUARTER TARGET OF 14, NO NEW SITES WERE ADDED TO THE
NINE SITES ALREADY DESIGNATED IN THE FIRST HALF OF THE YEAR BY
REGIONS II (1/9), III (1/0), IV (4/3) AND VI (3/1).
-------
OCEAN DUMPING SITE DESIGNATION
As Of June 30, 1988
DRAFT ENVIRONMENTAL
IMPACT STATEMENTS
15T
N
U
M
B
E
R
0
F
S
I
T
E
S
5--
H h
1 2 3
QUARTERS
NUMBER OF SITES
REQUIRING ACTION: 61
H
4
FINAL ENVIRONMENTAL
IMPACT STATEMENTS
15T
10
5
WQ-15
QUARTERS
LEGEND
- TARGET
ACTUAL
._
6B
SITE DESIGNATIONS
1 2 3
QUARTERS
infi
1UO
-------
Office of Solid Waste and Emergency Response
-------
OFFICE OF SOLID WASTE AND EMERGENCY RESPONSE
THIRD QUARTER HIGHLIGHTS
O FOR THE SIXTH CONSECUTIVE QUARTER, THE REGIONS EXCEEDED TARGETS FOR
PRELIMINARY ASSESSMENTS AND SITE INSPECTIONS. IMPORTANT TARGETS FOR
REMEDIAL INVESTIGATION/FEASIBILITY STUDY STARTS, REMEDY SELECTION
AND FUND-FINANCED REMEDIAL ACTION STARTS WERE SUBSTANTIALLY MISSED.
o THE REGIONS HAVE CONTINUED TO MEET AND EXCEED TARGETS FOR LAND
DISPOSAL FACILITY PERMITTING AND CLOSURE PLAN APPROVALS. ON
INCINERATORS, THE REGIONS ALSO EXCEEDED THEIR TARGET FOR CLOSURE
PLAN APPROVALS, BUT FELL SOMEWHAT SHORT OF THEIR PERMITTING TARGET.
o AS OF MAY 31, 167 LAND DISPOSAL FACILITIES AND 63 INCINERATORS HAVE
BEEN PERMITTED, LEAVING 167 LDFs TO BE PERMITTED BY NOVEMBER 1988
AND 156 INCINERATORS TO BE PERMITTED BY NOVEMBER 1989.
o THE UNDERGROUND STORAGE TANKS PROGRAM EXCEEDED ITS TARGET FOR STATES
WITH COOPERATIVE AGREEMENTS THROUGH THIRD QUARTER. OVER 7,000 LUST
CLEANUPS HAVE BEEN INITIATED SO FAR IN FY 1988.
o CEPP HAS SUBSTANTIALLY MISSED ITS TARGETS FOR CONTINGENCY PLAN
DEVELOPMENT AND CHEMICAL EMERGENCY SIMULATIONS EACH QUARTER IN FY
1988.
-------
PRELIMINARY ASSESSMENTS AND SITE INSPECTIONS
o THE REGIONS COMPLETED 2,550 PRELIMINARY ASSESSMENTS THROUGH THE END
OF THE THIRD QUARTER, FOR 128% OF THE TARGET OF 1,985.
o THE REGIONS COMPLETED 803 SITE INSPECTIONS THROUGH THE END OF THE
THIRD QUARTER, FOR 112% OF THE TARGET OF 720.
o PROGRAM TO DATE, AS OF MAY 31, THE REGIONS HAD CONDUCTED PRELIMINARY
ASSESSMENTS OF 26,690 SITES. OF THESE, 8,508 (32%) HAVE HAD SITE
INSPECTIONS AND 8,317 (31%) HAVE NO FURTHER FEDERAL ACTION PLANNED.
REMOVAL ACTIVITIES
o THE REGIONS HAVE INITIATED REMOVAL ACTIONS AT 26 NPL SITES,
AGAINST AN END OF YEAR TARGET OF 50. EIGHT OF THESE ACTIONS WERE
PRP-FINANCED. IN ADDITION, 18 SUBSEQUENT (RETURN) ACTIONS HAVE BEEN
INITIATED THROUGH THE THIRD QUARTER, FOUR OF WHICH WERE PRP-
FINANCED.
o AT THE END OF THIRD QUARTER, 41 NPL SITES HAD BEEN STABILIZED IN FY
1988 AS A RESULT OF A REMOVAL ACTION, TEN (24%) OF WHICH WERE PRP-
FINANCED. THE END OF YEAR TARGET IS 52.
-------
SUPERFUND
PRELIMINARY ASSESSMENTS/SITE INSPECTIONS
As Of June 30, 1988
PRELIMINARY ASSESSMENTS
3000-r
QUARTERS
SITE INSPECTIONS
15QOT
1125--
750-
375-
QUARTERS
S/F-1.2
LEGEND
- TARGET
ACTUAL
-------
SUPERFUND PROGRESS ON REMEDIAL INVESTIGATIONS/FEASIBILITY STUDIES
REMEDIAL INVESTIGATIONS/FEASIBILITY STUDY (RI/FS) STARTS
O RI/FSs WERE INITIATED AT 69 NPL SITES THROUGH THE THIRD QUARTER, FOR
75% OF THE TARGET OF 92. OF THESE, 39 (57%) WERE PRP-FINANCED.
O THIRTY-THREE SUBSEQUENT RI/FSs ALSO WERE STARTED, EXCEEDING THE
TARGET OF 29 (114%). FIVE WERE FUNDED BY PRPs.
RECORDS OF DECISION fRODs)
O FIFTY-THREE RODs WERE SIGNED FOR NPL SITES THROUGH THE THIRD
QUARTER, FOR 54% OF THE TARGET OF 98. NINETEEN (36%) OF THESE RODS
WERE FINANCED BY PRPs. IN ADDITION, 17 SUBSEQUENT RODS HAVE BEEN
SIGNED FOR 46% OF THE TARGET OF 37.
O PROGRAM TO DATE, AS OF MAY 31, RODS HAVE BEEN SIGNED FOR ABOUT 267
NPL SITES.
-------
SUPERFUND
PROGRESS ON REMEDIAL INVESTIGATIONS/FEASIBILITY STUDIES
As Of June 30, 1988
FIRST
RI/FS STARTS
12&T
QUARTERS
FIRST
ROD DECISIONS
100T
75--
50--
25--
S/C-5,6
LEGEND
- TARGET
ACTUAL
-------
REMEDIAL ACTION ACTIVITY
o START OF REMEDIAL ACTION. AT THE END OF THIRD QUARTER, THE REGIONS
HAD INITIATED 12 PRP-FINANCED REMEDIAL ACTION STARTS, EXCEEDING
THEIR TARGET OF SEVEN. FOR FUND-FINANCED REMEDIAL ACTION STARTS,
THE REGIONS INITIATED 20 FUND-FINANCED STARTS, MISSING THEIR TARGET
OF 29.
o IN ADDITION, THE REGIONS HAVE INITIATED FUND-FINANCED SUBSEQUENT
REMEDIAL ACTION ACTIVITY AT TEN NPL SITES, AGAINST A THIRD QUARTER
TARGET OF 13. THERE WAS ALSO ONE PRP-FINANCED SUBSEQUENT RA ACTION
INITIATED (REGION I), MEETING THE TARGET.
O PROGRAM TO DATE, AS OF MAY 31, ABOUT 79 FUND-FINANCED ACTIONS HAVE
BEEN INITIATED AND 54 SITES ARE BEING ADDRESSED BY PRPs WHO ARE IN
COMPLIANCE WITH AN AGREEMENT AND HAVE A REMEDIAL DESIGN ACCEPTED.
o COMPLETION OF REMEDIAL CONSTRUCTION. THROUGH THE THIRD QUARTER, ALL
REMEDIAL CONSTRUCTION WAS COMPLETED AT THREE NPL SITES, AGAINST A
TARGET OF FIVE. THIS WORK WAS COMPLETED BY REGIONS III AND VI.
o PROGRAM TO DATE, AS OF MAY 31, 25 NPL SITES HAVE BEEN CLEANED UP
(ALL CONSTRUCTION OPERABLE UNITS AND FINAL CONSTRUCTION INSPECTIONS
ARE COMPLETED).
o DELETION FROM THE NPL. AT THE END OF THIRD QUARTER, THE NPL
DELETION PROCESS HAD BEGUN AT 11 OF 14 TARGETED NPL SITES, ONE OF
WHICH BEGAN IN THE THIRD QUARTER.
o PROGRAM TO DATE, AS OF MAY 31, 16 SITES HAVE BEEN DELETED FROM THE
NPL.
-------
SUPERFUND REMEDIAL ACTION PROGRESS AT SITES
As Of June 30, 1988
FIRST REMEDIAL
ACTION START (FUND)
QUARTERS
FIRST REMEDIAL
ACTION START (PEP)
QUARTERS
ALL REMEDIAL CONSTRUCTION
COMPLETE (PRP & FUND)
S/C-7(a).7(b).B
QUARTERS
LEGEND
- TARGET
ACTUAL
-------
SUPERFUND ENFORCEMENT ACTIVITY
o SECTION 107 COST RECOVERY ACTIONS - THE REGIONS ARE AHEAD OF SCHEDULE
FOR MEETING THEIR CUMULATIVE THIRD QUARTER TARGET FOR REFERRING
SECTION 107 COST RECOVERY ACTIONS. THIRTY-EIGHT SECTION 107 COST
RECOVERY ACTIONS WERE REFERRED VERSUS A TARGET OF 34. TWENTY-TWO
SECTION 107 ACTIONS WERE REFERRED DURING THE FIRST THREE QUARTERS
OF FY 1987.
o SECTION 106 REFERRALS - TEN CASES UNDER SECTION 106 OR UNDER BOTH
§106 AND §107 HAVE BEEN REFERRED THROUGH THE THIRD QUARTER. ELEVEN
SECTION 106 REFERRALS WERE MADE DURING THE SAME PERIOD LAST YEAR.
o SECTION 106 REMOVAL ORDERS - THROUGH THE THIRD QUARTER, 53 SECTION
106 REMOVAL ORDERS WERE ISSUED, 42 AT NON-NPL SITES AND 11 AT NPL
SITES. FORTY-SEVEN REMOVAL ACTIONS WERE ISSUED DURING THE SAME
PERIOD LAST YEAR.
-------
SUPERFUND ENFORCEMENT ACTIVITY
As Of June 30, 1988
SECTION 107
RECOVERY CIVIL REFERRALS
(CUMULATIVE)
40T
2 3
QUARTERS
SECTION 108 CIVIL
REFERRALS
(CUMULATIVE)
S/E-2(a)
QUARTERS
LEGEND
CUMULATIVE TARGET
CUMULATIVE ACTUAL
SECTION 106
REMOVAL ORDERS
(CUMULATIVE)
1234
2 3
QUARTERS
-------
CHEMICAL EMERGENCY PREPAREDNESS AND PREVENTION PROGRAM
o THROUGH THIRD QUARTER, 45 STATES HAD STATE IMPLEMENTATION MEMOS
(SIMs) EITHER IN PLACE OR REVISED, UP FROM 42 IN SECOND QUARTER.
THESE MEMOS ESTABLISH AND TRACK WORKING RELATIONSHIPS BETWEEN THE
STATES AND EPA, AND IDENTIFY PRIORITY AREAS WHERE CHEMICAL EMERGENCY
PREPAREDNESS (CEPP) PLANS WILL BE DEVELOPED AND TESTED. ELEVEN
STATES CURRENTLY INTEND NOT TO COMPLETE A SIM.
o NATIONALLY, 41 CEPP PRIORITY AREAS HAVE CONTINGENCY PLANS IN PLACE,
WITH SIMULATIONS COMPLETED. EPA ASSISTED STATES IN 27 TABLE-TOP
AND/OR FIELD SIMULATIONS OF CHEMICAL EMERGENCIES, MISSING ITS TARGET
OF 33 (82%). THE PURPOSE OF THESE SIMULATIONS IS TO TEST COMMUNITY
PREPAREDNESS TO RESPOND TO AN EMERGENCY.
o EPA DIRECTLY ASSISTED IN THE DEVELOPMENT OF 42 CONTINGENCY PLANS,
MISSING THE TARGET OF 70 (60%). DIRECT ASSISTANCE BY EPA INCLUDES
PROVIDING PROGRAMMATIC OR TECHNICAL ASSISTANCE UPON REQUEST BY
STATES TO FACILITATE CONTINGENCY PLAN COMPLETION.
-------
CHEMICAL EMERGENCY SIMULATIONS
As Of June 30, 1988
CEP-3
-------
PERMITTING PROGRESS AT LAND DISPOSAL FACILITIES
o AT THE END OF THIRD QUARTER, THE MULTI-YEAR PERMITTING PLANS ARE
TRACKING PERMITTING PROGRESS AT 334 LAND DISPOSAL FACILITIES (LDFs).
o FINAL DETERMINATIONS: THE REGIONS MADE 71 FINAL LDF PERMIT
DETERMINATIONS THROUGH THE THIRD QUARTER, EXCEEDING THE THIRD
QUARTER TARGET OF 66 (108%). OF THESE, 52 PERMITS WERE ISSUED AND
19 WERE DENIED. PROGRAM TO DATE, AS OF MAY 31, THE REGIONS HAVE
MADE 167 FINAL DETERMINATIONS, LEAVING 167 TO BE MADE BY NOVEMBER
1988.
o PUBLIC NOTICES: THE REGIONS ISSUED 73 PUBLIC NOTICES FOR LDFs
THROUGH THE THIRD QUARTER, 61 OF WHICH WERE DRAFT PERMITS AND 12
WERE NOTICES OF INTENT TO DENY PERMITS.
PROGRESS AT CLOSING LAND DISPOSAL FACILITIES
o THE REGIONS HAVE APPROVED 146 LDF CLOSURE PLANS, EXCEEDING THE THIRD
QUARTER TARGET OF 105 (139%).
o THROUGH THE THIRD QUARTER, THE REGIONS ISSUED 125 NOTICES OF CLOSURE
PLAN AVAILABILITY FOR LDFs.
o AT THE END OF THE THIRD QUARTER, THERE WERE ABOUT 1200 LDFs ON THE
CLOSURE TRACK. TO DATE, CLOSURE PLANS HAVE BEEN APPROVED FOR 677 OF
THESE FACILITIES.
-106-
-------
PERMITTING PROGRESS AT LAND DISPOSAL FACILITIES
As Of June 30, 1988
PROGRESS TO DATE
FINAL LDF PERMIT DETERMINATIONS
375T
334
N
U
M
B
E
R
0
F
P
E
R
M
I
T
300--
D
E
T
E
R 225+
M
N
A
T
I
150--
0
N
S 105
75--
FACIUT1ES SEEKING PERMITS BY 11/88
DETERMINATIONS MADE PRIOR TO FY 1988
QUARTERS
200T
R/C-1(d)&(e)
H
4
LEGEND
- TARGET
- ACTUAL
LAND DISPOSAL FACILITIES
CLOSURE PLANS APPROVED
QUARTERS
R/C-1(f)
-------
PERMITTING PROGRESS AT INCINERATORS
o SEVENTEEN PERMIT DETERMINATIONS FOR INCINERATORS WERE MADE THROUGH
THE THIRD QUARTER, MISSING THE TARGET OF TWENTY.
- 15 PERMITS HAVE BEEN ISSUED.
- 2 PERMITS HAVE BEEN DENIED.
TO DATE, AS OF MAY 31, THE REGIONS HAVE MADE 63 FINAL
DETERMINATIONS, LEAVING 156 TO BE MADE BY NOVEMBER 1989.
o IN ADDITION, 23 DRAFT PERMIT DETERMINATIONS WERE ISSUED THROUGH
THIRD QUARTER. TWENTY-ONE OF THESE WERE DRAFT PERMITS AND TWO WERE
DRAFT DENIALS.
PROGRESS AT CLOSING INCINERATORS
o THROUGH THE THIRD QUARTER, NINE INCINERATOR CLOSURE PLANS WERE
APPROVED EXCEEDING THE TARGET OF ONE.
o IN ADDITION, SEVEN PUBLIC NOTICES OF CLOSURE PLAN AVAILABILITY WERE
ISSUED.
-108-
-------
PERMITTING PROGRESS AT INCINERATORS
As Of June 30, 1988
INCINERATOR
FINAL PERMIT DETERMINATIONS
35r
M
02
QUARTERS
03
R/C-1(dAe).1(f)
LEGEND
- TARGET
ACTUAL
INCINERATOR
CLOSURE PLANS APPROVED
02
QUARTERS
-------
PERMITTING PROGRESS AT STORAGE AND TREATMENT FACILITIES
o FORTY-FOUR FINAL PERMIT DETERMINATIONS FOR STORAGE/TREATMENT
FACILITIES WERE MADE THROUGH THIRD QUARTER:
- 39 PERMITS HAVE BEEN ISSUED.
5 PERMITS HAVE BEEN DENIED.
o AT THE END OF THIRD QUARTER, THERE WERE ABOUT 1,500 STORAGE/
TREATMENT FACILITIES SEEKING PERMITS. TO DATE, THE REGIONS HAVE MADE
ABOUT 520 FINAL PERMIT DETERMINATIONS.
o THROUGH THIRD QUARTER, THE REGIONS ISSUED 36 DRAFT PERMIT
DETERMINATIONS FOR STORAGE/TREATMENT FACILITIES, 34 OF THESE WERE
DRAFT PERMITS.
PROGRESS AT CLOSING FACILITIES
o THROUGH THE THIRD QUARTER, THE REGIONS HAVE APPROVED 164 CLOSURE
PLANS AND HAVE ISSUED 128 STORAGE/TREATMENT NOTICES OF CLOSURE PLAN
AVAILABILITY.
o AT THE END OF THIRD QUARTER, THERE WERE ABOUT 430 CLOSING
FACILITIES. TO DATE, AS OF MAY 31, THE REGIONS HAVE APPROVED 242
CLOSURE PLANS.
-------
CORRECTIVE ACTION ACTIVITY
O CORRECTIVE ACTION ACTIVITIES MAY BE CONDUCTED DURING INTERIM STATUS,
PERMITTING, AND CLOSURE STAGES. THIS MEASURE TRACKS THE MAJOR STEPS
IN THE CORRECTIVE ACTION PROCESS.
O THROUGH THE THIRD QUARTER, THE REGIONS COMPLETED RCRA FACILITY
ASSESSMENTS (RFAs) AT 233 FACILITIES.
O REMEDIAL INVESTIGATIONS WERE IMPOSED FOR 84 SITUATIONS REQUIRING
CORRECTIVE ACTION.
o IN FY 1988, THERE HAVE BEEN NO CORRECTIVE ACTION REMEDIES SELECTED
NOR ANY CORRECTIVE ACTION DESIGNS APPROVED.
WAIVER REQUESTS
O THIS SPMS MEASURE TRACKS DECISIONS MADE ON WAIVER REQUESTS FOR ACLs,
DOUBLE-LINER WAIVERS, AND/OR TANK SECONDARY CONTAINMENT WAIVERS.
o FIVE WAIVER REQUESTS WERE GRANTED THROUGH THE THIRD QUARTER AND TWO
WERE DENIED.
-------
RCRA INSPECTIONS OF LAND DISPOSAL. FACILITIES
O EPA AND THE STATES ARE BEHIND THEIR CUMULATIVE THIRD QUARTER TARGET
FOR INSPECTIONS OF LAND DISPOSAL FACILITIES HAVING CONDUCTED 868
(95%) INSPECTIONS VERSUS A TARGET OF 916.
RCRA INSPECTIONS OF TREATMENT AND STORAGE FACILITIES
o EPA AND THE STATES SURPASSED THEIR CUMULATIVE THIRD QUARTER TARGET
FOR INSPECTIONS OF TREATMENT AND STORAGE FACILITIES BY CONDUCTING
1,442 (109%) VERSUS A TARGET OF 1,317.
RCRA INSPECTIONS OF FEDERAL, STATE, AND LOCAL GOVERNMENT TSDF's
(EPA ONLY)
o THE EPA REGIONS MET THEIR CUMULATIVE THIRD QUARTER TARGET OF 301 BY
CONDUCTING 300 (100%) INSPECTIONS OF FEDERAL, STATE, AND LOCAL
TSDF'S.
-------
RCRA INSPECTIONS OF LAND DISPOSAL FACILITIES
As Of June 30, 1988
125-r-
125+
125+
TARGET
m rv
R/E-2(o)
V VI
REGIONS
LEGEND
EPA ft STATES
vn vm
-------
RCRA - PROGRESS ON ADDRESSING LAND DISPOSAL FACILITIES
IN SIGNIFICANT NONCOMPLIANCE
THE RCRA ENFORCEMENT PROGRAM HAS IDENTIFIED 691 LAND DISPOSAL
FACILITIES AS SIGNIFICANT NONCOMPLIERS, WITH 553 HAVING HAD FORMAL
ENFORCEMENT ACTION INITIATED PRIOR TO THE BEGINNING OF FY 1988.
EACH OF THE REMAINING SNC's IS TARGETED TO BE ADDRESSED THROUGH
FORMAL ACTION OR RETURNED TO COMPLIANCE BY THE END OF THE YEAR.
THE PROGRAM IS BEHIND SCHEDULE FOR MEETING ITS END-OF-YEAR GOAL FOR
ADDRESSING SNC's. THIRTY-FOUR SNC's WERE PENDING AT THE END OF THE
THIRD QUARTER AGAINST THE PROGRAM GOAL OF HAVING 27 PENDING.
THE DISTRIBUTION OF THE 691 SNC's IN THE FIXED BASE AT THE END OF
THE THIRD QUARTER IS AS FOLLOWS:
- 57 (8%) HAVE BEEN RETURNED TO PHYSICAL COMPLIANCE;
- 258 (37%) ARE UNDER A FINAL, EFFECTIVE ADMINISTRATIVE ORDER,
COURT JUDGMENT OF CONSENT DECREE;
- 342 (49%) HAVE RECEIVED AN INITIAL ADMINISTRATIVE OR JUDICIAL
COMPLAINT; AND,
- 34 (5%) ARE PENDING.
-------
RCRA - PROGRESS ON ADDRESSING
LAND DISPOSAL FACILITIES IN SIGNIFICANT NONCOMPLIANCE
As Of June 30, 1988
Reduction of Fixed Base
(Pending As Of October 1. 1987)
BQOT
700-
600
500
400 - -
300
200
100--
0
BOY
R/E-4(e)
QUARTERS
LEGEND
D RETURNED TO COMPLIANCE
§i ON COMPLIANCE SCHEDULES
0 INITIAL ENFORCEMENT ACTION TAKEN
PENDING
TARGET
-------
RCRA ENFORCEMENT ACTIVITY
FORMAL ADMINISTRATIVE ACTIONS
j
O THROUGH THE THIRD QUARTER, THE EPA REGIONS ISSUED 203 FORMAL ADMIN-
ISTRATIVE ACTIONS TO TSDF's COMPARED TO 144 THROUGH THE THIRD
QUARTER OF FY 1987.
O THE STATES ISSUED 469 FORMAL ADMINISTRATIVE ACTIONS TO TSDF's THROUGH
THE THIRD QUARTER COMPARED TO 326 THROUGH THE THIRD QUARTER OF
FY 1987.
CIVIL ACTIONS
o THE EPA REGIONS REFERRED EIGHT CIVIL ACTIONS UNDER RCRA COMPARED TO
13 IN THE FIRST THREE QUARTERS OF FY 1987.
CRIMINAL REFERRALS
o THE EPA REGIONS REFERRED 19 CRIMINAL ACTIONS UNDER RCRA DURING THE
FIRST THREE QUARTERS COMPARED TO 12 FOR THE SAME PERIOD LAST YEAR.
_1 1 0_
-------
RCRA ENFORCEMENT ACTIVITY
As Of June 30, 1988
ADMINISTRATIVE COMPLAINTS
ISSUED TO TSDF's
2 3
QUARTERS
LEGEND
D STATES
R/E-6
EPA
-------
RCRA FEDERAL FACILITIES STATUS
PROGRESS AGAINST SIGNIFICANT NONCOMPLIANCE
FORTY-NINE FACILITIES WERE REPORTED AS BEING IN SIGNIFICANT NONCOM-
PLIANCE AT THE END OF THE THIRD QUARTER. OF THESE, 36 HAVE BEEN
ADDRESSED WITH FORMAL ENFORCEMENT ACTIONS.
-------
50-r
40--
RCRA - FEDERAL FACILITIES STATUS
As Of June 30, 1988
PROGRESS AGAINST SNC
R/E-5A
LEGEND
| SNC/END OF QUARTER/UNADDRESSED
| SNC/END OF QUARTER/ADDRESSED
-------
STATUS OF UST TECHNICAL STANDARDS REGULATION
O THE UST TECHNICAL STANDARDS RULE AND UST STATE PROGRAM APPROVAL RULE
ARE EXPECTED TO BE PUBLISHED ON SCHEDULE AUGUST 1, 1988. THE
FINANCIAL RESPONSIBILITY RULE HAS BEEN DELAYED, AND IS EXPECTED TO
BE PUBLISHED SEPTEMBER 16, 1988. THE FEDERAL INTERIM PROHIBITION IS
EXPECTED TO END IN SEPTEMBER 1988 (FORMERLY, JULY).
ENFORCEMENT OF INTERIM PROHIBITION
THE INTERIM PROHIBITION PROVIDES ENFORCEABLE UST STANDARDS UNTIL THE
UST RULES ARE PUBLISHED. IN FY 1988 SO FAR:
O THERE WERE 1,501 FACILITIES IDENTIFIED AS BEING IN VIOLATION OF
EITHER THE FEDERAL INTERIM PROHIBITION OR A SIMILAR STATE UST
REGULATION; OF THESE:
- 884 (59%) WERE IN REGION III.
O 258 FACILITIES HAD ENFORCEMENT ACTIONS FILED AGAINST THEM:
- 164 (64%) WERE IN REGION VIII.
o 453 FACILITIES HAVE BEEN RETURNED TO COMPLIANCE:
- 178 (40%) WERE IN REGION IV.
THOSE RETURNED TO COMPLIANCE DID NOT NECESSARILY HAVE ENFORCEMENT
ACTIONS FILED.
O MOST OF THE ENFORCEMENT THIS YEAR OCCURRED IN THE SECOND QUARTER
(79% OF THE FACILITIES IDENTIFIED, 62% OF THE ENFORCEMENT ACTIONS
FILED, AND 59% OF THOSE RETURNED TO COMPLIANCE).
-------
UNDERGROUND STORAGE TANKS STATE PROGRAM
o THE UNDERGROUND STORAGE TANK (UST) STATE PROGRAM APPROVAL MEASURES
TRACK STATES' READINESS FOR THE FINAL UST TECHNICAL STANDARDS RULE.
IN THIRD QUARTER, THERE WERE 32 STATES WITH ADEQUATE LEGISLATION FOR
DEVELOPING AN APPROVABLE UNDERGROUND STORAGE TANK PROGRAM THAT
ADDRESSES TECHNICAL STANDARDS, FIVE MORE THAN IN SECOND QUARTER.
o TWENTY-ONE STATES HAD THE LEGISLATIVE AUTHORITY TO DEVELOP AN
APPROVABLE UST PROGRAM THAT ADDRESSES THE REQUIREMENTS FOR FINANCIAL
ASSURANCE OF OWNERS OF PETROLEUM TANKS, SIX MORE THAN IN SECOND
QUARTER.
-------
CLEANUP OF LEAKING UNDERGROUND STORAGE TANKS
o THERE WERE 38 STATES WITH LUST TRUST FUND COOPERATIVE AGREEMENTS,
EXCEEDING THE TARGET OF 28 STATES (136%). THE END OF YEAR TARGET
FOR THESE AGREEMENTS IS 44 STATES.
o IN THE PROCESS OF QUALIFYING FOR LUST COOPERATIVE AGREEMENTS, THERE
WERE 47 STATES WITH THE AUTHORITY FOR CORRECTIVE ACTION, 45 STATES
WITH THE AUTHORITY FOR ENFORCEMENT, AND 37 STATES WITH THE AUTHORITY
FOR COST RECOVERY.
O YEAR TO DATE, 7,162 SITE CLEANUPS HAVE BEEN INITIATED IN RESPONSE TO
POLLUTION FROM LEAKING UNDERGROUND STORAGE TANKS. OUST REPORTS THAT
THIS TOTAL INCLUDES CLEANUPS IN STATES THAT HAVE NO LUST AGREEMENT
WITH EPA.
-------
STATES WITH LUST TRUST FUND
COOPERATIVE AGREEMENTS
As Of June 30, 1988
x
X
X
X
X
UST-3A
0-
-------
LUST CLEANUPS INITIATED
1,680 1.304
As Of June 30, 1988
NATIONAL TOTAL IS 7,162
1060
LEGEND
TOTAL CLEANUPS
INITIATED PER REGION
UST-3C
-------
Office of Pesticides and Toxic Substances
-------
OFFICE OF PESTICIDES AND TOXIC SUBSTANCES
THIRD QUARTER HIGHLIGHTS
O THREE FRSTRs WERE ISSUED DURING THIRD QUARTER, BRINGING THE TOTAL
FRSTRs ISSUED BY EPA TO TEN.
o OVERALL, PERFORMANCE ON PESTICIDE REGISTRATION APPLICATIONS HAS
EXCEEDED THE TARGETS ALTHOUGH THE BACKLOG OF APPLICATIONS HAS
INCREASED FROM 2,754 TO 4,304 (56%) THIS YEAR.
o FIVE VALID BIOTECHNOLOGY NOTICES WERE RECEIVED DURING THIRD
QUARTER.
o THE REGIONS AND HEADQUARTERS HAVE EXCEEDED THEIR CUMULATIVE TSCA
INSPECTION TARGETS.
o THE STATES AND REGIONS (WITH NONDELEGATED STATES) HAVE ALSO
SURPASSED THEIR TARGET FOR FIFRA INSPECTIONS.
-------
ESTABLISHMENT AND IMPLEMENTATION OF REGISTRATION STANDARDS (RSs)
o IN FY 1988 TWELVE RSs HAVE ENTERED STAGE 1.N XN MVXB AGAINST A CUMULATIVE
TARGET OF ELEVEN.
DURING THIRD QUARTER THREE PESTICIDES (MALEIC HYDRAZIDE, DACTHAL, AND
FENTHION) ENTERED STAGE 1 (WHEN A LETTER IS SENT TO THE REGISTRANT
TRANSMITTING THE STANDARD AND REQUESTING DATA).
TWENTY RSS ARE IN STAGE 1 AS OF 6/30/88. |:
o IN FY 1988 38 RSs HAVE ENTERED STAGE 2. AGAINST A CUMULATIVE TARGET OF 18. ;'
DURING THIRD QUARTER FIFTEEN RSs REACHED STAGE 2 (WHEN EITHER
COMMITMENTS FOR ALL GENERIC DATA REQUIREMENTS HAVE BEEN MET OR SOME ;.
TYPE OF ACTION HAS BEEN INITIATED TO REMOVE FROM THE MARKETPLACE). :
>,
ONE HUNDRED TWENTY-FOUR RSs ARE IN STAGE 2 AS OF 6/30/88. >
o IN FY 1988 TWELVE RSs HAVE ENTERED STAGE 3. AGAINST A CUMULATIVE TARGET OF >
TWELVE.
DURING THIRD QUARTER FOUR RSs REACHED STAGE 3. (WHEN ALL DATA TO
FULFILL GENERIC DATA COMMITMENTS HAVE BEEN SUBMITTED AND REMAINS IN
THIS STAGE UNTIL A FRSTR IS ESTABLISHED).
THERE ARE 25 RSs IN STAGE 3 AS OF 6/30/88.
o OPTS HAS ISSUED FIVE FRSTR'S DURING FY 1988, AGAINST A CUMULATIVE TARGET OF
SIX.
THREE FRSTRS (METHOMYL, CRYOLITE, AND ETHOPROP) REACHED (STAGE 4) (WHEN
A FINAL REGULATORY POSITION HAS BEEN ESTABLISHED) DURING THIRD QUARTER.
O TO DATE, TEN FRSTRs HAVE BEEN ESTABLISHED: METOLACHLOR, ALLIETTE,
PHOSALONE, METALAXYL, SODIUM AND CALCIUM HYPOCHLORITES, METHOMYL, CRYOLITE,
METHOPRENE, HELIOTHIS NTV, AND ETHOPROP.
(P-l)
-------
ESTABLISHMENT AND IMPLEMENTATION OF REGISTRATION
STANDARDS - CUMULATIVE NUMBER OF STANDARDS
As Of June 30, 1988
N
CURRENT STATUS*
125r
100-
S 50--
N
STAGES
Number of Reg. Standards In each
tage as of 6/30/B8
P-1
STAGES
LEGEND
ACTUAL
0 TARGET
-------
PESTICIDE REVIEWS
PESTICIDE SPECIAL REVIEW DECISIONS
o OPTS HAS EXCEEDED THEIR CUMULATIVE TARGET OF EIGHT BY MAKING 10 DECISIONS,
THREE SPECIAL REVIEW DECISIONS WERE COMPLETED IN THE THIRD QUARTER:
REVIEWS TYPE OF DECISION
CHLORDIMEFORM FJR NOTICE - NOT TO INITIATE
SPECIAL REVIEW
ALDICARB PD 2/3
INORGANIC ARSENICALS PD 4
(MINOR USES)
(P-2)
REVIEWS OF STUDIES COMPLETED
o THUS FAR IN FY 1988 OPTS HAS COMPLETED 396 REVIEWS, EXCEEDING THE CUMULATIVE
TARGET OF 335 BY 18%.
IN THE THIRD QUARTER, OPTS COMPLETED 108 REVIEWS.
(P-3)
-------
PESTICIDE REVIEWS
As Of June 30, 1988
PESTICIDE SPECIAL REVIEW DECISIONS
REVIEWS OF STUDIES
CUMULATIVE NUMBER OF REVIEWS COMPLETED
1 2
QUARTERS
123
QUARTERS
P-2,3
LEGEND
- TARGET
ACTUAL
-1 TS-
-------
PESTICIDE REGISTRATION APPLICATIONS
o OVERALL, DURING THIS QUARTER PROGRESS ON REGISTRATION APPLICATIONS HAS BEEN
ABOVE (OR NEAR) TARGET. SPECIFICALLY FOR:
NEW ACTIVE INGREDIENTS
NEW USES
AMENDED REGISTRATIONS
OLD CHEMICALS
13 VS 7 (TARGET)
79 VS 45 (TARGET)
3,438 VS 2,020 (TARGET)
1,031 VS 1,090 (TARGET)
o THE PESTICIDE REGISTRATION BACKLOG HAS INCREASED FROM 2,757 TO 4,304 (56%)
DURING THIS YEAR.
DURING THE YEAR, THE BACKLOG HAS INCREASED FOR:
(P-4)
NEW USES
AMENDED REGISTRATIONS
OLD CHEMICALS
FROM 48 TO 83 (73%)
FROM 1,809 TO 3,224 (78%)
FROM 886 TO 986 (11%)
DURING THE YEAR, THE BACKLOG HAS DECREASED FOR:
NEW ACTIVE INGREDIENTS FROM 14 TO 11 (21%)
-136-
-------
PESTICIDE REGISTRATION APPLICATIONS
CUMULATIVE NUMBER OF FINAL DECISIONS
As Of June 30, 1988
3600
3000
2400
1800
1200
600
ACTIVE
INGREDIENT
NEW USES
AMENDED
REGISTRATION
OLD
CHEMICALS
P-4
LEGEND
I ACTUAL
3 TARGET
OVERDUE ACTIONS
4400r
QUARTERS
-------
EMERGENCY EXEMPTIONS FOR PESTICIDES
O IN FY 1988 FINAL DECISIONS HAVE BEEN MADE ON 186 EMERGENCY EXEMPTION
APPLICATIONS AGAINST A CUMULATIVE TARGET OF 220 (85%).
DURING THIRD QUARTER FINAL DECISIONS WERE MADE ON 98 EMERGENCY
EXEMPTION APPLICATIONS. (THE DECISIONS INCLUDED 64 EMERGENCY
EXEMPTIONS AND 34 DENIALS.)
(P-5)
PESTICIDE TOLERANCE PETITIONS
O OPTS HAS MADE DECISIONS ON 52 TOLERANCE PETITIONS THIS YEAR, AGAINST A
CUMULATIVE TARGET OF 65 (80%).
DURING THIRD QUARTER DECISIONS WERE MADE ON 15 TOLERANCE PETITIONS,
AGAINST A QUARTERLY TARGET OF 25.
(P-6)
-------
FIFRA COMPLIANCE MONITORING INSPECTIONS AND COMPLIANCE LEVELS
O THROUGH THE SECOND QUARTER*, THE STATES COMPLETED 12,888 FIFRA USE
AND RESTRICTED USE PESTICIDE DEALER INSPECTIONS, COMPLETING 194% OF
THEIR STATE GRANT TARGETS.
O THE STATES REPORTED TAKING 3,392 ENFORCEMENT ACTIONS THROUGH THE
SECOND QUARTER, REPRESENTING A VIOLATION RATE OF 26% FOR "USE"
INSPECTIONS. THIS RATE WAS 23% FOR FY 1987.
O THROUGH THE THIRD QUARTER OP FY 1988, REGIONS VII AND VIII, WITH NON-
DELEGATED PROGRAMS, COMPLETED A TOTAL OF 263 USE AND RESTRICTED USE
DEALER INSPECTIONS, ACHIEVING 149% AND 109% RESPECTIVELY, OF THEIR
TARGETS.
*STATE DATA IS LAGGED ONE QUARTER ^^
-------
p
E
R
C
E
N
T
0
F
C
U
M
V
E
Q
U
A
R
T
E
R
L
Y
FIFRA COMPLIANCE MONITORING INSPECTIONS
AND COMPLIANCE LEVELS FOR STATE ACTIVITIES
As Of March 31, 1988
125-r--
USE" INSPECTION LEVELS
Compliance Status
1-125+
100--
^-TARGET
75--
50--
26%
74%
LEGEND
VIOLATION WITH
ACTION TAKEN
NO ACTION WARRANTED
OR COMPLIANCE
DETERMINATION PENDING
25--
n
in
IV
v vi
REGIONS
vii vra ix
X
12,888
USE INSPECTIONS
CONDUCTED
P/E-1
-------
ADDRESSING FIFRA SIGNIFICANT NONCOMPLIANCE
THROUGH THE THIRD QUARTER, THE REGIONS REFERRED A TOTAL OF 64
SIGNIFICANT USE VIOLATIONS TO THE STATES FOR INVESTIGATION AND
ENFORCEMENT ACTION. A YEAR AGO 97 HAD BEEN REFERRED. AT THE
END OF THE THIRD QUARTER, OF THE 64 CASES:
- 3(5%) WERE ADDRESSED BEYOND THE TIMEFRAME.
- 29 (45%) WERE PENDING ACTION WITHIN THE TIMEFRAME.
- 32 (50%) WERE ADDRESSED WITHIN THE TIMEFRAME.
BY THE END OF THE THIRD QUARTER, THE REGIONS HAD IDENTIFIED 60
SIGNIFICANT VIOLATOR CASES FOR EPA ACTION. THIRTY-SIX OF THE CASES
WERE ADDRESSED AND 15 OF THESE WERE CLOSED BY THE END OF THE QUARTER,
FIFRA ENFORCEMENT ACTION
THE REGIONS ISSUED A TOTAL OF 212 ADMINISTRATIVE COMPLAINTS BY THE
END OF THE THIRD QUARTER, COMPARED TO 239 A YEAR AGO. FOUR CIVIL
CASES WF,RE REFERRED THROUGH THE THIRD QUARTER COMPARED TO THREE
REFERRALS DURING THE SAME PERIOD LAST YEAR. ONE FIFRA CRIMINAL
REFERRAL HAS BEEN REFERRED THROUGH THE THIRD QUARTER.
-------
70T
C 60--
U
M
U C
L A 50
A S
T E
L S 40--
0
F
30--
E R
N F
U E
M R
B R
E E 20--
R D
10-.
ADDRESSING FIFRA SIGNIFICANT NONCOMPLLANCE
As Of June 30, 1988
REFERRALS TO STATES
H-
P/E-3,4
1234
QUARTERS
LEGEND
NOT ADDRESSED BEYOND TIMEFRAME
E3 ADDRESSED BEYOND TIMEFRAME
E2 PENDING WITHIN TIMEFRAME
D ADDRESSED WITHIN TIMEFRAME
EPA CASES AND REFERRALS FROM STATES
60-r
VIOLATION PENDING CASES CASES
DETECTED ENFORCEMENT ADDRESSED CLOSED
ACTION
-------
ACTIVITIES RELATED TO REGULATORY INVESTIGATIONS
AND RISK MANAGEMENT ACTIONS
O DURING THIS FISCAL YEAR OPTS HAS COMPLETED THREE ACTIONS AGAINST THEIR
CUMULATIVE TARGET OF SIX.
DURING THIRD QUARTER ONE ACTION WAS ACCOMPLISHED; THE "REPORT ON THE
PCB UNCONTROLLED RULE AMENDMENT" WAS PUBLISHED IN FR.
(T-l)
-------
TESTING ACTIONS
o THIS MEASURE TRACKS EXISTING CHEMICAL TESTING ACTIVITY RESULTING FROM THE
INTERAGENCY TESTING COMMITTEE (ITC) RECOMMENDATIONS.
OPTS HAS MET THEIR CUMULATIVE TARGET OF THREE INITIAL ITC RESPONSES.
(# ACTIONS/# CHEMICALS)
OPTS HAS PROMULGATED FOUR ITC RESPONSES AGAINST THEIR CUMULATIVE TARGET
OF SIX. (# ACTIONS/# CHEMICALS)
DISPOSITION OF ITC CHEMICALS TO DATE:
# CHEMICALS RECOMMENDED TO DATE* 115
# CHEMICALS PENDING DISPOSITION 30
# CHEMICALS WITH FINAL DISPOSITION 95
(INCLUDES DECISIONS NOT TO TEST)
# CHEMICALS WITH TESTING UNDERWAY 44
# CHEMICALS WITH TESTING COMPLETE 21
CHEMICALS PENDING AND WITH FINAL DISPOSITION TOTAL MORE THAN NUMBER OF
CHEMICALS RECOMMENDED AS SUBSEQUENT NUMBER OF CATEGORIES ARE IDENTIFIED FOR
INDIVIDUAL TESTING ACTION.
# ACTIONS UNDER INITIAL ITC RESPONSES MAY INCLUDE DECISIONS NOT TO TEST,
NEGOTIATED CONSENT ORDERS, ANPRs AND NPRMs.
# ACTIONS UNDER ITC PROMULGATIONS MAY INCLUDE DECISIONS NOT TO TEST,
NEGOTIATED CONSENT ORDERS AND FINAL TEST RULES UNDER SECTION 4.
(T-2)
-------
TSCA SECTION 8 AND 4 INFORMATION GATHERING RULES
THIS MEASURE REPORTS THE DATA GATHERING AUTHORITIES OF TSCA SECTIONS 8 AND
4. THESE AUTHORITIES ARE USED TO FILL DATA GAPS ON EXISTING CHEMICALS FOR
OTHER OFFICES AS WELL AS OPTS. THE MEASURE REFLECTS ACTIVITY TO FILL DATA
GAPS ON EXISTING CHEMICALS IN TWO WAYS:
THE "QUARTERLY ACTIVITY REPORT" REFLECTS THE TYPE OF DATA RECEIVED,
NUMBER OF REPORTS OR STUDIES RECEIVED, CHEMICALS COVERED, AND PRIMARY
USERS OF DATA.
THE "SUMMARY TO DATE REPORT" REFLECTS THE AMOUNT OF DATA COLLECTED
UNDER TSCA SECTIONS 8 AND 4 TO DATE AND NUMBER OF EXISTING CHEMICALS
COVERED BY THAT DATA.
NOTE: THERE ARE NO TARGETS ESTABLISHED FOR THESE REPORTS.
(T-3)
-146-
-------
1988 QUARTERLY ACTIVITY REPORT
Primary Users
(eg. Water, Air and Radiation,
Solid Waste and Emergency
Response, Toxic Substances,
other)
OTS
OTS
osw
OSWER
ODW
CPSC
OWRS
OTS
(THIRD QUARTER)
Number of Reports Received/Chemicals Covered*
3rd
iation, 117/92
cy
ces,
14/14
77/66
8/2
0/0
0/0
1/1
3/2
14/7
Total
361/278
33/23
256/200
11/6
2/2
5/6
3/3
5/6
46/32
Type of
Data
S8(a) Exposure
S8(d) Health & Safety
Studies
S4 Health & Environ
Studies
SUMMARY TO DATE REPORT
Type of
Data
S 8(a)
S 8(d)
S 4
Reports/ Chemical
to Date/Covered
3,106/380
5,694/369
674/48
and mixtures are counted as 1 Chemical
-------
TSCA NEW CHEMICAL REVIEWS
CHEMICAL NOTICES:
o OPTS HAS RECEIVED 1,922 VALID NEW CHEMICAL SUBMISSIONS THIS YEAR
AGAINST A YEAR-END TARGET OF 2,600.
o DURING THIRD QUARTER 579 VALID NEW CHEMICAL SUBMISSIONS WERE
RECEIVED.
465 WERE PRE-MANUFACTURE NOTICES (PMNs)
114 WERE VALID EXEMPTION NOTICES (I.E., POLYMER EXEMPTIONS,
LOW VOLUME EXEMPTIONS, AND TEST MARKET EXEMPTIONS)
o DURING THIRD QUARTER 30 NEW CHEMICAL SUBMISSIONS WERE DENIED,
WITHDRAWN IN FACE OF REGULATORY ACTION, OR SUBJECTED TO OTHER
ACTION TO CONTROL POTENTIAL RISK.
(T-4)
BIOTECHNOLOGY NOTICES
O TO DATE OPTS HAS RECEIVED 13 VALID BIOTECHNOLOGY NOTICES AGAINST A
YEAR-END TARGET OF 15.
FIVE VALID BIOTECHNOLOGY NOTICES WERE RECEIVED DURING THIRD
QUARTER.
(T-5)
-------
TITLE III SECTION 313 EMISSIONS INVENTORY
UNDER THE REQUIREMENTS OF SECTION 313 OF SARA, OPTS IS
REPORTING THE NUMBER OF REPORTS FROM REGIONAL FACILITIES
COVERED UNDER SIC CODES 20-39 FOR ROUTINE HAZARDOUS
EMISSIONS. OPTS IS REPORTING ONLY THE NUMBER OF REPORTS
RECEIVED, NOT PROCESSED.
AT THE END OF THIRD QUARTER 15,520 REPORTS HAD BEEN
RECEIVED. (THIS IS APPROXIMATELY 19% OF THE OPTS
TARGETED PROJECTION OF 80,000 FORMS EXPECTED BY THE END
OF THE FISCAL YEAR.)
(T-8)
-------
TSCA INSPECTIONS AND COMPLIANCE LEVELS
O THE REGIONS AND HEADQUARTERS ACCOMPLISHED 111% OF THEIR THIRD
QUARTER CUMULATIVE FY 1988 TARGET FOR TSCA COMPLIANCE INSPECTIONS,
CONDUCTING 2,501 INSPECTIONS VERSUS A TARGET OF 2,260. THE 17
STATES WITH INSPECTION GRANTS CONDUCTED 1,198 INSPECTIONS, OR 94%
OF THE THIRD QUARTER COMMITMENTS.
o THE 3,699 EPA AND STATE INSPECTIONS DETERMINED THAT:
- 1,718 (47%) WERE IN COMPLIANCE.
- 604 (16%) WERE IN VIOLATION.
- 1,377 (37%) WERE PENDING A COMPLIANCE DETERMINATION.
O OF THE 2,322 INSPECTIONS FOR WHICH A COMPLIANCE DETERMINATION WAS
MADE BY THE END OF THE QUARTER, 604 (26%) WERE IN VIOLATION. A
YEAR AGO THIS VIOLATION RATE WAS 50%.
-------
125
TSCA INSPECTIONS AND COMPLIANCE LEVELS
As Of June 30, 1988
3,899 INSPECTIONS CONDUCTED
-125-f
-TARGET
Compliance Status
I II
IV
T/E-1
v vi vn vm
REGIONS
LEGEND
EPA
E3 STATES
IX X HQ
16X
LEGEND
IN VIOLATION
COMPLIANCE
DETERMINATION PENDING
37%
47% D IN COMPLIANCE
-------
RESPONSE TO TSCA SIGNIFICANT NONCOMPLIANCE
o THE REGIONS FY 1988 BEGINNING OF YEAR (BOY) INVENTORY OF OPEN TSCA
SIGNIFICANT NONCOMPLIER CASES IS 686. BY THE END OF THE THIRD QUAR-
TER, THE REGIONS HAD CLOSED 518 (76%) CASES ON THE INVENTORY AND THE
168 REMAINING CASES (24%) HAVE BEEN OPEN MORE THAN SIX MONTHS. A
YEAR AGO THE BOY INVENTORY WAS 584 OPEN CASES, THE REGIONS HAD CLOSED
334 (57%) OF THESE CASES, AND THE REMAINING 250 (43%) CASES WERE ALL
OPEN MORE THAN SIX MONTHS.
O IN THE THIRD QUARTER, THE REGIONS IDENTIFIED 19 NEW SIGNIFICANT
VIOLATORS BASED ON PRE-FY 1988 INSPECTIONS, BRINGING THE YEAR-TO-
DATE TOTAL TO 505. OF THE 505 VIOLATORS BASED ON PRE-FY 1988
INSPECTIONS:
- 148 (29%) WERE PENDING ENFORCEMENT ACTION.
- 357 (71%) HAD ACTION TAKEN (CASES ISSUED) OF WHICH:
- 94 (26%) WERE ISSUED WITHIN 180 DAYS OF INSPECTION.
- 263 (74%) WERE ISSUED BEYOND 180 DAYS OF INSPECTION.
(155 OF THE 357 CASES ISSUED WERE CLOSED BY END OF QUARTER)
NOTE; THERE IS NO FORMAL SPMS TARGET FOR ISSUING CASES BASED ON
PRE-FY 1988 INSPECTIONS.
o IN THE THIRD QUARTER, THE REGIONS IDENTIFIED 79 NEW SIGNIFICANT
VIOLATORS BASED ON FY 1988 INSPECTIONS BRINGING YEAR-TO-DATE TOTAL
TO 189. OF THE 189 VIOLATORS BASED ON FY 1988 INSPECTIONS:
- 106 (56%) WERE PENDING ENFORCEMENT ACTION.
83 (44%) HAD ACTION TAKEN (CASES ISSUED), OF WHICH:
- 72 (87%) WERE ISSUED WITHIN 180 DAYS OF INSPECTION.
- 11 (13%) WERE ISSUED BEYOND 180 DAYS OF INSPECTION.
(14 OF THE 83 CASES ISSUED WERE CLOSED BY THE END OF THE
QUARTER)
o THE REGIONS ISSUED 87% OF THEIR CASES WITHIN 180 DAYS OF INSPECTION.
THEIR TARGET IS TO ISSUE 90% OF THEIR CASES WITHIN 180 DAYS OF
INSPECTION.
-------
RESPONSE TO TSCA SIGNIFICANT NONCOMPLIANCE
As Of June 30, 1988
PROGRESS AGAINST FIXED
BASE
700T
PROGRESS AGAINST NEW
VIOLATORS (BASED ON
PRE-FY B8 INSPECTIONS!
525T
PROGRESS AGAINST NEW
VIOLATORS (BASED ON
FY 88 INSPECTIONS)
500T
VIOLATORS PENDING CASES CASES
DETECTED ENF. ISSUED CLOSED
ACTION
VIOLATORS PENDING CASES CASES
DETECTED ENF. ISSUED CLOSED
ACTION
T/E-3.4
D PRE 88 CLOSED
E3 OPEN MORE THAN 6 MONTHS
0 OPEN 6 MONTHS OR LESS
LEGEND
D CASES ISSUED WITHIN 180 DAYS
CASES ISSUED BEYOND 180 DAYS
-------
RESPONSE TO TSCA SIGNIFICANT NONCOMPLIANCE IN FEDERAL FACILITIES
o THE REGIONS HAD A FY 1988 BEGINNING-OF-YEAR INVENTORY OF SIX OPEN
TSCA FEDERAL FACILITY SNC CASES, COMPARED TO 26 LAST YEAR. AT THE
END OF THE THIRD QUARTER, FOUR OF THE CASES WERE CLOSED, AND, THE
TWO REMAINING CASES HAVE BEEN OPEN MORE THAN SIX MONTHS.
o BY THE END OF THE THIRD QUARTER, THE REGIONS IDENTIFIED 25 FEDERAL
FACILITY SIGNIFICANT VIOLATORS BASED ON PRE-FY 1988 INSPECTIONS. OF
THE 25 CASES, NINE HAD ACTION TAKEN WITHIN 180 DAYS OF INSPECTION,
13 HAD ACTION TAKEN BEYOND 180 DAYS OF INSPECTION AND 19 CASES WERE
CLOSED AND THREE CASES WERE PENDING.
o BY THE END OF THE THIRD QUARTER, THE REGIONS IDENTIFIED 17 FEDERAL
FACILITY SIGNIFICANT VIOLATORS BASED ON FY 1988 INSPECTIONS. OF THE
SIX CASES, 10 HAD ACTION TAKEN WITHIN 180 DAYS OF INSPECTION, ONE
HAD ACTION TAKEN BEYOND 180 DAYS OF INSPECTION AND SIX CASES WERE
PENDING FOR ENFORCEMENT ACTION. SEVEN OF THE CASES WERE CLOSED.
-------
RESPONSE TO TSCA SIGNIFICANT NONCOMPUANCE
IN FEDERAL FACILITIES
As Of June 30, 1988
PROGRESS AGAINST FIXED
BASE
1DT
B--
N
U
M
B
0
F
C
A
S
E
S
4--
2-
T/E-5
BOY 01 02 03 04
LEGEND
D PRE 88 CLOSED
E3 OPEN MORE THAN 6 MONTH
E3 OPEN 6 MONTHS OR LESS
PROGRESS AGAINST NEW
VIOLATORS (BASED ON
PRE-FY 88 INSPECTIONS)
25T
PROGRESS AGAINST NEW
VIOLATORS (BASED ON
FY 88 INSPECTIONS)
20r
V10LATORPENDING ACTION ACTION
DETECTED ENF. TAKEN CLOSED
ACTION
VIOLATOR PENDING ACTION ACTION
DETECTED ENF. TAKEN CLOSED
ACTION
LEGEND
D ACTION TAKEN WITHIN 180 DAYS
ACTION TAKEN BEYOND 180 DAYS
-------
TSCA ENFORCEMENT ACTIVITY
o BY THE END OF THE THIRD QUARTER, THE REGIONS ISSUED A CUMULATIVE
TOTAL OF 451 ADMINISTRATIVE COMPLAINTS, COMPARED TO 678 A YEAR AGO,
DURING THE FIRST THREE QUARTERS, THE REGIONS HAVE REFERRED NINE
CIVIL CASES, COMPARED TO SIX THROUGH THE THIRD QUARTER OF FY 1987.
THREE CRIMINAL CASES HAVE BEEN REFERRED THUSFAR IN FY 1988.
-------
Office of Enforcement and Compliance Monitoring
-------
CIVIL ACTION PROCESSING TIME
o OECM REVIEWED AND FORWARDED 19 CIVIL REFERRALS TO THE DEPARTMENT OF
JUSTICE AND 2 REFERRALS WERE RETURNED/DECLINED TO THE REGIONS DURING
THE THIRD QUARTER. THERE WERE 35 REFERRALS FORWARDED TO THE
DEPARTMENT OF JUSTICE A YEAR AGO.
o THE AVERAGE REVIEW TIME FOR THE QUARTER WAS 37 DAYS MISSING THE 35
DAY TARGET (11 CASES WERE PROCESSED IN 35 DAYS OR LESS AND 10 CASES
EXCEEDED THE 35 DAY DEADLINE).
o OECM REVIEWED AND COMPLETED THE CHECKLIST FOR 28 DIRECT CIVIL
REFERRALS DURING THE THIRD QUARTER. TWENTY-TWO OF THE 28 (79%)
CASES WERE COMPLETED WITHIN THE TARGETED REVIEW TIME OF 30 DAYS.
CIVIL REFERRAL ACTIVITY
o THE REGIONS SUBMITTED 19 NEW CIVIL REFERRALS TO HEADQUARTERS AND 85
DIRECT REFERRALS TO THE DEPARTMENT OF JUSTICE DURING THE THIRD
QUARTER (FOR A TOTAL OF 104). THE CUMULATIVE TOTAL FOR THE YEAR IS
215 (UP 51 FROM LAST YEAR).
-------
FOLLOW-THROUGH ON ACTIVE CIVIL CASE DOCKET
o AS OF 10/1/87 OECM REPORTED 673 CIVIL CASES IN THE INVENTORY. AT
THE END OF THE THIRD QUARTER THERE WERE 658 CASES IN THE INVENTORY.
(131, OR 20%, OF THESE CASES HAD BEEN ONGOING FOR MORE THAN TWO
YEARS SINCE BEING FILED.) AS OF THE CLOSE OF THE QUARTER:
- 156 (24%) HAD BEEN CONCLUDED AFTER FILING.
12 ( 2%) WERE RETURNED BY THE DEPARTMENT OF JUSTICE FOR
PRE-FILING NEGOTIATIONS.
- 428 (65%) WERE FILED IN U.S. COURT.
6(1%) HAD BEEN WITHDRAWN/DECLINED BY EPA OR THE DEPARTMENT OF
JUSTICE.
56 ( 8%) WERE PENDING AT THE DEPARTMENT OF JUSTICE.
o 104 NEW CIVIL CASES WERE REFERRED TO THE DEPARTMENT OF JUSTICE
DURING THE THIRD QUARTER, MAKING THE YEARLY CUMULATIVE TOTAL 228.
(LAST YEAR 57 CASES WERE REFERRED DURING THE THIRD QUARTER.) AS OF
THE CLOSE OF THE QUARTER FOR THE 104 NEW THIRD QUARTER REFERRALS:
6(6%) HAD BEEN FILED IN U.S. COURT.
2(2%) WERE RETURNED BY THE DEPARTMENT OF JUSTICE FOR PRE-
FILING NEGOTIATIONS.
96 (92%) WERE PENDING AT THE DEPARTMENT OF JUSTICE.
O THE TOTAL NUMBER OF ACTIVE CASES (INCLUDING BOTH FIXED AND DYNAMIC)
WAS 586.
-------
FOLLOW-THROUGH ON ACTIVE CIVIL CASE DOCKET
As Of June 30, 1988
70Qr
CIVIL CASE DOCKET
NEW FY 1988
REFERRALS TO DOJ
E/C-4,5
BOY
QUARTERS
LEGEND
E3 CASES CONCLUDED
E3 CASES RLED IN COURT
0 CASES RETURNED BY DOJ FOR PRE RUNG NEGOTIATIONS
D CASES WITHDRAWN/DECLINED
CASES PENDING AT DOJ
CUMULATIVE PENDING CASES CASES CASES
NEW AT DOJ FILED WITHDRAWN RETURN
TO REG
-------
CONSENT DECREE TRACKING
o THERE WERE 449 ACTIVE CONSENT DECREES IN THE THIRD QUARTER COMPARED
TO 364 A YEAR AGO.
O CONSENT DECREE COMPLIANCE RATE OVER THE LAST EIGHT QUARTERS HAS
REMAINED CONSISTENT BETWEEN 74-76%.
o OF THE 113 (25%) CONSENT DECREES IN VIOLATION:
- 58 (51%) HAD A CONTEMPT ACTION, A DECREE MODIFICATION REFERRED,
OR A STIPULATED PENALTY COLLECTED.
- 34 (30%) HAD FORMAL ENFORCEMENT ACTION PLANNED BUT NOT
COMMENCED.
- 21 (19%) HAD NO FORMAL ENFORCEMENT ACTION PLANNED.
-------
120-r
CONSENT DECREE TRACKING (EPA DECREES ONLY)
As Of June 30, 1988
National
Summary
III
IV
V VI
REGIONS
VIII
IX
E/C-1
LEGEND
E3 In compliance with the terms of the decree
EJ In violation with formal enforcement action Initiated -
In violation with formal enforcement action planned but uncommenced
O In violation with no formal enforcement action planned at this time
-------
CRIMINAL REFERRAL ACTIVITY
o THIRTY-ONE NEW CRIMINAL INVESTIGATIONS WERE OPENED DURING THE THIRD
QUARTER. NINE INVESTIGATIONS WERE CLOSED PRIOR TO REFERRAL TO THE
OFFICE OF CRIMINAL ENFORCEMENT. THERE WERE 143 OPEN INVESTIGATIONS
AT THE END OF THE QUARTER (OF THESE, 71 WERE RCRA, 37 WERE CWA/SDWA
AND 20 WERE CAA).
o THIS YEAR THE REGIONS HAVE REFERRED 36 CASES TO HEADQUARTERS AND
HEADQUARTERS HAS REFERRED 33 TO THE DEPARTMENT OF JUSTICE (TO DATE,
THREE CASES HAVE BEEN RETURNED, DECLINED OR RECOMMENDED FOR CIVIL OR
ADMINISTRATIVE ACTION).
-------
FOLLOW-THROUGH ON ACTIVE CRIMINAL CASE DOCKET
o 67 CRIMINAL CASES WERE PENDING AT THE DEPARTMENT OF JUSTICE OR FILED
IN COURT AS OF 10/1/87. AS OF THE CLOSE OF THE QUARTER:
3(4%) HAD BEEN CLOSED WITHOUT PROSECUTION.
6(9%) HAD BEEN CLOSED FOLLOWING PROSECUTION.
- 19 (28%) HAD CHARGES FILED.
- 21 (31%) WERE UNDER GRAND JURY INVESTIGATION.
- 18 (27%) WERE UNDER REVIEW BY THE DEPARTMENT OF JUSTICE.
o DURING THE YEAR THIRTY-THREE NEW CRIMINAL CASES HAVE BEEN
REFERRED TO THE DEPARTMENT OF JUSTICE. AS OF THE CLOSE OF THE
QUARTER:
1(3%) HAD BEEN CLOSED WITHOUT PROSECUTION.
1(3%) HAD BEEN FOLLOWING PROSECUTION.
5 (15%) HAD CHARGES FILED
9 (27%) WERE UNDER GRAND JURY INVESTIGATION.
- 17 (52%) WERE UNDER REVIEW BY THE DEPARTMENT OF JUSTICE.
o THE TOTAL NUMBER OF ACTIVE CASES REMAINING WAS 89.
-------
70T
FOLLOW-THROUGH ON ACTIVE CRIMINAL CASE DOCKET
As Of June 30, 1988
CRIMINAL REFERRALS PENDING
STATUS OF NEW
FY 1988 REFERRALS
35T
N
M2
B
E
R 21 +
f 14-1-
C
8 »
E
S
0
-*-
BOY
2
QUARTERS
E/C-7,8
LEGEND
0 CLOSED BY DOJ WITHOUT PROSECUTION
@ CLOSED FOLLOWING PROSECUTION
S WITH CHARGES FILED
m UNDER GRAND JURY INVESTIGATION
D UNDER REVIEW AT DOJ
TO DOJ BY OECM
2 3
QUARTERS
CUMULATIVE f OF NEW REFERRALS
20 33
-------
NUMBER OF NEW REFERRALS TO fcPA-OCEC
f1
CUMULATIVE THROUGH THIRD QUARTER FY 1988
REGION
REGION I
REGION II
REGION III
REGION IV
REGION V
REGION VI
REGION VII
REGION VIII
REGION IX
REGION X
NEIC
RCRA
2
1
1
6
1
3
1
1
2
1
CLEAN CLEAN
AIR WATER F]fFRA
_j.
2 1
1 1
1
1
1
1
1
1 1
1
TSCA CERCLA TOTAL
5
3
1 2
1 3
6
1 3
1 4
2
2
4
2
TOTAL
19
36
-------
Office of Administration and Resources Management
-------
PROCUREMENT SERVICE STANDARDS
MAJOR NEGOTIATED PROCUREMENTS
DURING THE THIRD QUARTER OARM AWARDED 30 NEW COMPETITIVE AND NEW
SOLE SOURCE CONTRACTS, OF WHICH 19 (63%) WERE AWARDED WITHIN THE
STANDARD OR NEGOTIATED SCHEDULE.
NEW COMPETITIVE CONTRACTS
TEN OF THE 15 (67%) WERE AWARDED ON SCHEDULE. DEFENSE
CONTRACT AUDIT AGENCY (DCAA) WAS RESPONSIBLE FOR TWO DELAYS
AND THREE DELAYS WERE DUE TO PROGRAM AND OTHER OFFICES.
NEW SOLE SOURCE CONTRACTS
NINE OF THE 15 (66%) WERE AWARDED ON TIME. OARM REPORTS ONE
INTERNAL DELAY AND FIVE DELAYS DUE TO PROGRAM AND OTHER
OFFICES.
PURCHASE ORDERS
2,275 OF 3,793 (60%) COMPETITIVE AND SOLE SOURCE PURCHASE
ORDERS WERE ISSUED WITHIN THE STANDARD.
-------
100r
80--
N 60+
U
M
B
E
R 40-
20--
PROCUREMENT SERVICE STANDARDS
NEW CONTRACTS AWARDED DURING QUARTER
As Of June 30, 1988
COMPETITIVE
2 3
QUARTERS
40-
N 30+
U
M
B
E
R 20--
10--
1
SOLE SOURCE
2 3
QUARTERS
AD-1
LEGEND
D OARM DELAYS
0 DELAYS EXTERNAL TO OARM
COMPLETED WITHIN STANDARD OR NEGOTIATED SCHEDULE
-------
GRANTS SERVICE ACTIONS
573 GRANTS SERVICE ACTIONS WERE PROCESSED/AWARDED DURING THE THIRD
QUARTER. OF THESE, 557 (97%) WERE PROCESSED ON TIME. FOR EACH
CATEGORY, THE NUMBER AND PERCENTAGE PROCESSED WITHIN THE STANDARD
WERE:
GRANTS AND COOPERATIVE AGREEMENTS
341 OF 349 (98%)
INTERAGENCY AGREEMENTS
169 OF 169 (100%)
DETERMINATIONS FOR REQUESTS FOR DEVIATION FROM REGULATORY
REQUIREMENTS
8 OF 16 (50%)
DETERMINATIONS IN SUSPENSION/DEBARMENT CASES
39 OF 39 (100%)
-------
GRANTS SERVICE STANDARDS
NUMBER OF ACTIONS COMPLETED DURING QUARTER
As Of June 30, 1988
GRANT OR COOPERATIVE
AGREEMENT AWARDED
72Qr
2 3
QUARTERS
DETERMINATION PREPARED FOR
DEVIATION FROM REGULATORY
REQUIREMENTS
60-
N 45--
U
M
30-
15-
2 3
QUARTERS
INTERAGENCY AGREEMENT
AWARDED AFTER RECEIPT
N
U
M
B
E
R
200r
150-
100-
LEGEND
D OARM DELAYS
ACTIONS COMPLETED
WITHIN TARGET
2 3
QUARTERS
SUSPENSION/DEBARMENT
DETERMINATION ISSUED AFTER
CASE RECORD COMPLETE
72T
2 3
QUARTERS
AD-1A
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PERSONNEL SERVICES
OARM PROCESSED 1,651 PERSONNEL ACTIONS DURING THE QUARTER. OF
THESE, 1,614 (98%) MET THE PROCESSING TIME STANDARD.
INTERNAL ACTIONS
231 OF 255 (91%) WERE PROCESSED ON TIME. FOR THE 24 NOT
PROCESSED WITHIN THE STANDARD, OARM REPORTS THAT 15 OF THE
DELAYS WERE DUE TO PROGRAM OFFICES, AND NINE WERE DUE TO
OARM.
EXTERNAL RECRUITMENT ACTIONS
79 OF 82 (96%) WERE PROCESSED WITHIN THE STANDARD. PROGRAM
OFFICES WERE RESPONSIBLE FOR TWO DELAYS AND OARM WAS
RESPONSIBLE FOR ONE DELAY.
NON-COMPETITIVE'ACTIONS
336 OF 343 (98%) WERE ON TIME. THE SEVEN DELAYS WERE
ATTRIBUTED TO OARM.
ADMINISTRATIVE ACTIONS
775 OF 778 (99.6%) WERE PROCESSED WITHIN THE STANDARD.
AWARDS
ALL AWARD ACTIONS (193) WERE ON TIME.
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PERSONNEL SERVICE STANDARDS
NUMBER OF ACTIONS COMPLETED DURING QUARTER
As Of June 30, 1988
RECRUITMENT ACTIONS
INTERNAL TO EPA
350r
1234
QUARTERS
RECRUITMENT ACTIONS
EXTERNAL TO EPA
NON-COMPETITIVE
ACTIONS
AD-1B
250r
2DD--
15&
10&
5&-
123 4
QUARTERS
LEGEND
D OARM DELAYS
S SECURITY CLEARANCE DELAY
E3 0PM DELAYS
§3 CLIENT PROGRAM OFFICE DELAYS
COMPLETED WITHIN STANDARD SCHEDULE
1 2 34
QUARTERS
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HEADQUARTERS RESOURCE UTILIZATION
o IN THE THIRD QUARTER, ONLY SUPERFUND FTE USE (79.1%) WAS WELL
ABOVE THE TARGETED LEVEL OF 74.8%.
o S&E FTE USAGE WAS SLIGHTLY BELOW TARGET 73.1%, WHEREAS S&E
TRAVEL WAS SLIGHTLY ABOVE AT 75-1%.
o OVERALL DOLLAR UTILIZATION RATES WERE WITHIN TARGET LEVELS AT
HEADQUARTERS FOR THE THIRD QUARTER OF FY 1988.
- S&E DOLLAR EXPENDITURES WERE AT 72.7%.
- SUPERFUND USAGE WAS ABOVE THE TARGET LEVEL AT 78.7%.
- AC&C DOLLAR USAGE WAS AT 89%.
- R&D DOLLAR EXPENDITURES WERE WELL ABOVE THE PLAN AT 96.6%.
- B&F DOLLAR USAGE IN THE THIRD QUARTER IS ONLY 17.7%.
- LUST DOLLAR EXPENDITURES WERE AT 61.2% OF THE OP PLAN.
-180-
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HEADQUARTERS RESOURCE UTILIZATION
(THIRD QUARTER = 74.8% OF YEAR)
79.1%
74.8%
OF -
YEAR
73.1%
75.1%
67.1%
S&E SF
FTE
USE
S&E SF
TRAVEL
USE
$533.5
$415.1
OP PLAN
ACTUALS
$3.0
S&E SF AC&C R&D B&F LUST
DOLLAR UTILIZATION AS COMPARED
TO QUARTERLY PLANS
-------
REGIONAL RESOURCE UTILIZATION
0 DURING THE THIRD QUARTER, S&E AND SUPERFUND FTE WERE AT CONSISTENT
LEVELS. HOWEVER, S&E TRAVEL WAS WELL ABOVE THE TARGET LEVEL AT
79.9%. SUPERFUND TRAVEL WAS BELOW THE TARGET UTILIZATION RATE.
- S&E FTE UTILIZATION WAS 73.3%, WHICH IS JUST BELOW THE TARGETED
LEVEL OF 74.8%.
_ SUPERFUND FTE USE WAS SLIGHTLY BELOW TARGET AT 73.4%.
- SUPERFUND TRAVEL USE IS STILL BELOW THE PLAN OVERALL 69.1%.
0 REGIONAL DOLLAR UTILIZATION IS SIMILAR TO THAT OF HEADQUARTERS.
- S&E DOLLAR UTILIZATION WAS VERY CLOSE TO PLAN AT 74.0%.
- THE REGIONAL SUPERFUND UTILIZATION RATE WAS ABOVE PLAN AT
76.0%.
- AC&C DOLLAR UTILIZATION WAS WELL ABOVE TARGET LEVELS AT 82.4%.
- LUST DOLLAR EXPENDITURES WERE 59.0% IN THE THIRD QUARTER.
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REGIONS RESOURCE UTILIZATION
(THIRD QUARTER = 74.8% OF YEAR)
79.9%
74.8%
OF
YEAR
7 3.3% 7 3.4%
S&E SF
FTE
USE
69.1%
S&E SF
TRAVEL
USE
$768.0
OP PLAN
ACTUALS
S&E SF AC&C R&D B&F LUST
DOLLAR UTILIZATION AS COMPARED
TO QUARTERLY PLANS
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Office of Policy, Planning, and Evaluation
-------
OFFICE OF POLICY, PLANNING AND EVALUATION
RED BORDER REVIEW DEADLINES
o FIFTY-NINE RED BORDER DOCUMENTS WERE RECEIVED FOR REVIEW BY
OPPE DURING THE QUARTER.
53 (89%) OF THESE WERE COMPLETED WITHIN THREE-WEEK
REVIEW PERIOD.
THE REMAINING SIX WERE COMPLETED WITHIN THE FOUR-WEEK
REVIEW PERIOD.
-------
Office of External Affairs
-------
RESPONSE TO SIGNIFICANT FEDERAL FACILITY NONCOMPLIANCE
OAR IDENTIFIED AT THE BEGINNING OF THE YEAR (BOY) 13 FEDERAL
FACILITIES THAT WERE SIGNIFICANT VIOLATORS (SVs). THREE SVs HAVE
BEEN ADDRESSED THROUGH THE THIRD QUARTER AGAINST A TARGET OF FIVE.
OW IDENTIFIED 8 FEDERAL FACILITIES ON THE EXCEPTIONS LIST THAT
WERE CARRIED OVER FROM THE PREVIOUS QUARTER. ONE WAS RETURNED TO
COMPLIANCE AND ONE HAD AN ENFORCEMENT ACTION INITIATED. THE
REMAINING 6 PLUS 4 NEW SVs ON THE EXCEPTIONS REPORT CONSITITUTE
THE PENDING BALANCE OF 10 FACILITIES.
OPTS IDENTIFIED 6 FACILITIES IN SIGNIFICANT NONCOMPLIANCE (SNC) AT
BOY. THROUGH THE THIRD QUARTER, 4 CASES WERE CLOSED AND 2 CASES
WERE OPEN MORE THAN SIX MONTHS, NO CHANGE FROM LAST QUARTER.
OSWER COMPLIANCE SNAPSHOT IN THE THIRD QUARTER SHOWS 49 FEDERAL
FACILITIES IN SNC WITH 34 ADDRESSED.
-------
FEDERAL FACILITY VIOLATION RATES
THROUGH THE THIRD QUARTER, REGIONS MADE 274 INSPECTIONS OF FEDERAL
FACILITIES IN THE AIR, NPDES, DRINKING WATER, TSCA AND RCRA MEDIA
AREAS. REGIONS TOOK ENFORCEMENT ACTIONS ON 42 VIOLATIONS FOUND
DURING THESE INSPECTIONS.
- IN THE RCRA MEDIA, 118 INSPECTIONS WERE CONDUCTED; 24
VIOLATIONS WERE DISCOVERED AND ADDRESSED. VIOLATION RATE: 20%
- IN THE AIR MEDIA, 70 INSPECTIONS WERE CONDUCTED; 2 VIOLATIONS
WERE DISCOVERED AND ADDRESSED. VIOLATION RATE: 3%
- IN THE NPDES MEDIA, 48 INSPECTIONS WERE CONDUCTED; 6 VIOLATIONS
WERE DISCOVERED AND ADDRESSED. VIOLATION RATE: 13%
- IN THE DRINKING WATER MEDIA, 16 INSPECTIONS WERE CONDUCTED; 2
VIOLATIONS WERE DISCOVERED AND ADDRESSED. VIOLATION RATE: 13%
- IN THE TSCA MEDIA, 22 INSPECTIONS WERE CONDUCTED; 8 VIOLATIONS
WERE DISCOVERED AND ADDRESSED. VIOLATION RATE: 36%
-------
Office of General Counsel
-------
RED BORDER REVIEW DEADLINES
O OGC RECEIVED 54 RED BORDER DOCUMENTS FOR REVIEW DURING THE THIRD
QUARTER.
o OGC COMPLETED:
- FORTY-ONE (76%) OF THEIR REVIEWS WITHIN THREE WEEKS, COMPARED
TO A TARGET OF 80%, AND
- TWELVE MORE FOR A TOTAL OF 53 (98%) WITHIN FOUR WEEKS, COMPARED
TO A TARGET OF 100% WITHIN FOUR WEEKS.
O ONE REVIEW WAS NOT COMPLETED WITHIN THE FOUR-WEEK REVIEW TARGET.
STATE DELEGATION AGREEMENT REVIEW DEADLINE
o OGC RECEIVED ONE APPLICATION FOR EVALUATION DURING THE THIRD
QUARTER.
-------
20-r
15--
u
M
B
E
R
0 _
F 10
R
E
V
I
E
W 5
S
OGC SUMMARY FOR RED BORDER REVIEW PACKAGES
As Of June 30, 1988
AGENCY SUMMARY
6 Or
OAR
OARM
OSWER
PROGRAMS
OPTS
OW
G/C-2
LEGEND
INCOMPLETE AFTER 4 WEEKS
COMPLETED WITHIN 4 WEEKS
COMPLETED WITHIN 3 WEEKS
234
QUARTERS
-196-
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