EPA
100/
1982.2
1989
2nd
United States Office of April 1989
Environmental Protection The Administrator
100R89103
&EPA Strategic Planning and
Management System
ENVIRONMENTAL PROTECTION AGENCY
WASHINGTON, D.C. 20460
Second Quarter FY 1989 Report
-------
U.S. ENVIRONMENTAL PROTECTION AGENCY
STRATEGIC PLANNING AND MANAGEMENT SYSTEM
SECOND QUARTER 1989 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.
Cvj
CD
•J)
'> 00'lADTERS LIBRARY
-------
SEP 6"1989
TABLE OF CONTENTS HEADQUARTERS LIBRARY
ENVIRONMENTAL PROTECTION AGENCY
OFFICE PAGE
OFFICE OF AIR AND RADIATION 1
OFFICE OF WATER 17
OFFICE OF SOLID WASTE AND EMERGENCY RESPONSE 55
OFFICE OF PESTICIDES AND TOXICS SUBSTANCES 91
OFFICE OF ENFORCEMENT AND COMPLIANCE MONITORING 115
OFFICE OF ADMINISTRATION AND RESOURCES MANAGEMENT 127
OFFICE OF POLICY, PLANNING AND EVALUATION 137
OFFICE OF EXTERNAL AFFAIRS 141
OFFICE OF GENERAL COUNSEL 147
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Office of Air and Radiation
-i-
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OFFICE OF AIR AND RADIATION
SECOND QUARTER HIGHLIGHTS
o Regions II, IV and V received 27 final Ozone/CO regulation submittals ahead of schedule. The
submittals addressed 22 deficient regulations and five missing regulations.
o Region I has raised an issue with regard to the large discrepancies in the area source component
of the 1985 National Acid Precipitation Assessment Program (NAPAP) inventory compared to the
emission inventory resulting from following EPA's guidance in preparing emission inventories for
post FY 1987 SIPs. Technical Support Division has committed to Region I that they will resolve
this problem. Region I states plan to raise the issue at the next State and Territorial Air
Pollution Program Administrators' (STAPPA) meeting.
o Ten states introduced proposed radon legislation including: certification of radon measurement
and mitigation companies, building codes for new houses in radon "prone areas" requiring radon
reduction techniques, radon testing in schools, radon research, radon testing in real estate
transactions, radon tax credit and surveys in states buildings.
o Regions and states exceeded their first quarter inspection commitments for every pollutant
category.
o The air program currently shows 696 significant violators in the fixed base and 333 newly
identified during the year. The program is well ahead of target for addressing fixed base
violators.
-3-
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OZONE/CARBON MONOXIDE SIP REMEDIES
o In the second quarter, state agencies in Regions II, IV, and V submitted 27 final regulation
packages, ahead of schedule, to correct deficiencies in their SIP regulations. Regions have
targeted receiving 336 remedies, representing 29% of the current universe of 1,168 deficient or
missing regulations, by the end of FY 1989.
o A number of states have identified problems in developing theif CO/Ozone emission inventories.
Problems include: a need for additional guidance, resources, state commitment dates after the
federal deadline, and datafile problems.
o The Mobile Source program tracks two program goals: establishment of new antitampering (AT)
programs and evaluation of existing state and local (AT and Inspection/Monitoring) programs in
nonattainment areas. Regions had second quarter targets for establishing antitampering programs
which they met. At mid-year, seven state or local mobile source program evaluations have been
conducted meeting the cumulative target of 7, which is 100% of the second quarter goal.
VOLATILE ORGANIC COMPOUNDS (VOQ ENFORCEMENT
o Compliance Rates - There are 4,861 Class A SIP and NSPS VOC sources in ozone
nonattainment areas. OAR reports that 719 (15%) sources are either in violation, in violation
but meeting a compliance schedule, or the compliance status of the source is unknown.
o Inspections - The Regions and states accomplished 164% of their first quarter FY 1989 inspection
commitment for VOC Class A SIP and NSPS sources in ozone nonattainment areas. (NOTE:
inspection data for all pollutant categories are lagged one quarter)
o Significant Violators - Of the 290 VOC significant violators, 100 (35%) had remedial action
commenced prior to BOY. Of the 190 remaining significant violators, 142 are scheduled to be
addressed this year. The program exceeded its cumulative second quarter target of 62 by
addressing 84 violators. Thirty-five of the 113 violators identified during the first two quarters
have also been addressed.
-4-
-------
70
60
50
40
30
20
10
0
300
250
200
160
100
50
0
OZONE/CO SIP REMEDIES AND VOC ENFORCEMENT
As of March 31, 1989
OZONE/CO SIP DEFICENCES
•
d
IV
V VI VI
REGIONS
VI IX
VOC SIGNFCANT VIOLATORS
BOY 1 2 3
QUARTERS
(Targeted tor ttwd and fourth qjartera)
I I Total bar to urtveree of Ozone/CO
targeted for remedy by EOY FY 68
•• Ozom/COSF final remedee received
Uriverae: 4,861 Oa»a A VOC Sotrcee
OAR-18 and 19.108 to 119
LEGEND
M COMPLIANCE (56)
CZD ON SCHEDULE (13)
ENF. ACTION (115)
PENDNQ(105)
IMSPECT10NS (EPA & Statee)
(First Quarter FY 1969)
i i irvvviviviixx
RECKONS
Reporftig on knpecfem to Imoed om qpefter.
-5-
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PARTICULATES
o This year OAR is tracking the development of SIPs for controlling particulates smaller than 10
microns (PMlo) in Group I areas (those most at risk for PM10 violations). Group I areas are
predominantly in the western Regions (81% fall in Regions VIII, IX, and X).
o Regions VIII and X were the only Regions with PM10 targets through second quarter. To date,
10 control strategy demonstrations (of 35 targeted through fourth quarter) have been completed.
- Region VIII completed five, exceeding their mid-year target of four.
- Region X targeted 14 (of their universe of 17) for control strategy demonstrations through
second quarter and completed five. Region X's commitments equal 50% of all regional
commitments this fiscal year (17 of 35). Region X completed a target for a SIP entering
5/2 -5/2 ahead of schedule.
o All State and Local Air Monitoring System (SLAMS) targets for PM10 network approvals were
met. To date, 52 of the required 54 SLAMS network approvals needed have been accomplished.
PARTICULATES ENFORCEMENT
o Compliance Rates and Inspections - There are 4,140 major particulates sources in Group I and II
areas, of which 265 (6%) are either in violation, in violation but meeting a compliance schedule,
or the compliance status of the source is unknown. The Regions and states accomplished 142%
of their first quarter inspection commitment for TSP Class A SIP and NSPS sources in Group I
and II areas.
o Significant Violators - Of the 132 TSP significant violators in Group I and II areas, 27 (20%) had
remedial action commenced prior to BOY. Of the 105 remaining significant violators, 76 are
scheduled to be addressed this year. The program exceeded its cumulative second quarter
commitment of 27 by addressing 50 violators. Eleven of the 40 violators newly identified in the
first two quarters have also been addressed.
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e\J
15
10
5
0
-
-
_
n
1 1 I IV V
PARTICULATES SIP DEVELOPMENT AND ENFORCEMENT
As of March 31, 1989
PM10 SP DEVELOPMENT
10
VI VI VI IX X
REGIONS
I I Total bar la uravflTM of Qroqp I PM10 areaa
targatad to have control strategy demonatrationa
to ba coflfriatadby COY FY 68.
Targeted tor aacond cellar, tut not completed.
• Completed tor aacond ^tartar.
ADDRESSING S1QNF1CANT VIOLATORS
160
100
60
0
8
6
4
2
0
nn
I I IIVVVIVIVIIXX
REGIONS
Total be/la target tar Orot|> IPM10
anlark« 6/2 - 672 by 60V FY W.
BOY
1 2 3
QUARTER
Uivaraa: 4.140TSPSouc«ahGpl&l Areaa
L£Q£M)
CHI N COMPLIANCE (34)
dD ON SCHEDULE (10)
KXKJ ENF. ACTION (33)
125
100
76
60
26
0
NSPECTONS (EPA & State)
(Frit Quvter FY 1(
I I IIVVVIVIVIIXX
REGIONS
Raportt« on tafwdom to tago* «»
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SULFUR DIOXIDE
o This measure tracks categories of SO2 SIP development work. Overall the second quarter target
of 39 submittals was met. These will be processed according to the new SIP processing reforms.
- Region III missed their target of 7 for Section 123 emission limits by 4.
i
- Region IV received eight SO2 stackheight negative declaration packages, exceeding their
target of four by 100% through the second quarter.
SULFUR DIOXIDE ENFORCEMENT
o Compliance Rates - There are 251 sulfur dioxide (SO2) sources in SO2 nonattainment areas, of
which 31 (12%) are either in violation, in violation but meeting a compliance schedule, or the
compliance status of the source is unknown.
° Inspections - The Regions and states accomplished 273% of their first quarter inspection
commitment for SO2 Class A SIP and NSPS sources in SO2 nonattainment areas.
o Significant Violators - Of the 52 significant violators, 10 (19%) had remedial action commenced
prior to BOY. Of the 42 remaining significant violators, 19 are scheduled to be addressed this
year. Four violators were targeted for action through the second quarter and ten were addressed.
Thirteen new SO2 significant violators have been identified thusfar and one has been addressed.
-------
40
35
30
25
20
15
10
5
0
60
40
20
SULFUR DIOXIDE SIP DEFICIENCIES AND ENFORCEMENT
As of March 31. 1989
SO2 SIP DEFICENCES
y • - -
I I I IV V VI VI VI IX X
SO2 SIGNIFICANT VIOLATORS
l J Total targeted SO2SPD*fctends« for FY 89.
Targeted through aecond quarter FY 88. but not
Can0etedbtBecond
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AIR TOXICS
o Regions exceeded their second quarter targets for receiving revised Multi-Year Development
Plans (MYDP). These plans define the state or locality's strategy for assessing and addressing air
toxics problems. Through second quarter, the Regions have received 18 plans (16 were targeted).
- Region II met its fourth quarter target of two in the second quarter.
o Last fall, as part of SPMS, the Regions submitted reports assessing the implementation of state
and local MYDP milestones. OAR is compiling the MYDP information into a computerized
system.
ENFORCEMENT OF NESHAPs
o Compliance Rates - Of the 939 NESHAP (non-transitory) sources, 132 (14%) are either in
violation, in violation but meeting a compliance schedule, or the compliance status of the source
is unknown.
o Inspections - The Regions and states accomplished 157% of their first quarter inspection
commitment for NESHAP sources.
o Significant Violators - Of the 37 non-transitory NESHAP significant violators, 12 (32%) had
remedial action commenced prior to BOY. Of the 25 remaining significant violators, all are
scheduled to be addressed this year. The program exceeded its cumulative second quarter
commitment of eight by addressing 19 violators. Twenty-five new NESHAP significant violators
have been identified thusfar and six have been addressed.
-10-
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AIR TOXICS PROGRAMS AND NESHAP ENFORCEMENT
As of March 31, 1989
MULTI-YEAR DEVELOPMENT PLANS
20
15
10
5
0
I I • IV
NESHAP SJGNFICANT VIOLATORS
V VI
REGIONS
40
30
20
10
0
939
OAR-99to10Z147to 158
IX
BOY
1 2 3
QUARTERS
LEGEND
LIT ] M COMPLIANCE (16)
So^cee CZJ ON SCHEDULE (2)
COO) ENF.
-II-
125
100
75
50
25
0
[=1 Total targeted MYDPa In FY 89.
ISSPECT10NS (EPA & States)
(Frat Quarter FY 1989)
II I IV V VI VI VI IX X
REGIONS
Report? on hapecttcne |» lagQMl ona dwtar.
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AIR ENFORCEMENT COMBINED REPORT
SIGNIFICANT VIOLATORS
o There are 696 significant violators on the fixed base, of which 187 (27%) had remedial action
commenced prior to BOY. Of the 509 unaddressed significant violators, 390 (77%) are scheduled
to be addressed this year. The program exceeded its first quarter commitment of 156 by
addressing 253 violators (162%).
o One hundred and eighty-five significant violators are not of the pollutant-specific reports discussed
previously. Of the 185 violators, 38 had enforcement action commenced at BOY. The program
exceeded its cumulative second quarter commitment of 55 by addressing 89.
o Of the 324 new significant violators identified through the second quarter, 89 were addressed.
ENFORCEMENT ACTIONS
o Twenty-nine civil judicial actions have been referred to DOJ. In addition, 15 Pre-Referral
Negotiations cases have been initiated. The Regions have also issued 35 administrative orders.
The states report the referral of 15 civil cases and issuance of 337 administrative orders.
o Five Clean Air Act criminal referrals have been referred to Headquarters in FY 1989.
FEDERAL FACILITIES
o The air program identified 11 federal facilities as significant violators at the beginning of the year,
of which four have been addressed through the second quarter.
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AIR ENFORCEMENT COMBINED REPORT
As of March 31, 1989
ADORESSNG SIGNIFICANT VIOLATORS
PENDMGASOF10/1/88
800
600
400
200
ADDRESSING FEDERAL FACLITES VIOLATORS
(PENDMG AS OF 10/1/88)
12
LEGEND
N COMPLIANCE (170)
ON SCHEDULE (42)
ENF. ACTION (226)
PENDING (256)
8
BOY 1 2 3
QUARTERS
BOY
QUARTERS
CML REFERRALS
(CUMULATIVE - STATE DATA LAGGED 1 QUARTER)
50
40
30
20
10
0
1
OAR* 105 to 190
ADMNSTRATTVE ORDERS
(CUMULATIVE - STATE DATA LAGGED 1 QUARTER)
400
LEGEND 300
I I MADE BY STATES
MADE BY EPA
_J
2 3
QUARTERS
200
100
0
2 3
QUARTERS
-13—
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ASBESTOS DEMOLITION AND RENOVATION PROGRAM
(NOTE: Data are lagged one quarter)
For the first quarter of FY 1989, the EPA Regions report receipt of 3,265 notifications of
asbestos demolition, and the states report receipt of 10,349 notifications.
The Regions conducted 175 asbestos demolition and renovation inspections during the first
quarter and report identification of 32 substantive violations. The states conducted 3,208
inspections during the first quarter and report 44 substantive violations.
EPA issued 21 administrative orders and referred nine civil actions during the first quarter, and
the states issued 48 administrative orders and referred seven civil cases.
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ASBESTOS DEMOLITION AND RENOVATION
As of December 31, 1989
(Al Data Lagged One Quarter)
DEMOLITION AND RENOVATION
ACTIVITY
15000
10000
6000
NOTFCATONS NSPECTONS VIOLATIONS
LEGEND
STATES
OAR- 165 to 196
80
60
40
20
0
70
60
60
40
30
20
10
0
REFERRALS
1234
QUARTERS
ADMMSTRATIVE ORDERS
-15-
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RADON
EPA's national Radon Program continues to address the radon problem by coordinating state
participation in EPA projects such as the State/EPA surveys, House Evaluation Program, Radon
Diagnosis and Mitigation Training Course, and the State Grants Program.
TRAINING
o Over 400 persons were trained this quarter in the Radon Diagnosis and Mitigation training
conducted in TN, MN, UT and ID. Regions IV, V, VIII and X assisted in coordinating the
courses.
Region III presented a radon mitigation course through the University of WV to 50 private
contractors.
Region V is working with a county American Lung Association group to develop a mitigation
training course scheduled for the third quarter.
Region V has submitted a proposal to fund a specialized radon mitigation course for Indians.
PROBLEM ASSESSMENT
o Five States (AK, IA, NM, OH and VT) began the FY 1989 State/EPA Radon survey joining
three States (GA, ME and WY) and two Indian lands which began the survey in the first quarter.
To date, 16 States have completed State/EPA surveys.
PROGRAM DEVELOPMENT
o Ten States introduced proposed Radon legislation including: certification of radon measurement
and mitigation companies, building codes for new houses in "radon prone areas" requiring radon
reduction techniques, radon testing in schools, radon research, radon testing in real estate
transactions, radon tax credit and surveys in State's buildings.
-Ifi-
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Office of Water
-17-
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OFFICE OF WATER
SECOND QUARTER HIGHLIGHTS
o There were mixed results in the water programs this quarter, as 13 of 26 targets were met.
o Water quality protection is organized into three program areas at EPA: drinking (and ground)
water; critical habitats (oceans, near coastal waters, and wetlands); and surface water.
o There were successes in all three areas:
Regions assisted states in developing 15 full or partial wellhead protection programs, and
met their targets in underground injection control (UIC) wells.
Regions started 13 wetlands strategic initiatives and issued 51 administrative orders (AOs).
Regions reported that 49 states and territories submitted final lists of waters where water
quality cannot be attained or maintained.
The Regions and states met targets in resolving evidentiary hearing requests for NPDES
permits and auditing pretreatment programs. The number of NPDES facilitites on the
exceptions list remained at 3%, the number in significant noncompliance for one year or
more declined, and the number of EPA AOs issued is significantly higher this year than last.
o There were shortfalls in all three areas:
states fell behind in issuing permits for UIC wells, and reported no compliance data for
public water systems.
Regions were behind schedule for designating ocean dumping sites for material dredged by
the Corps of Engineers.
Cumulative net outlays for construction grants and capitalization grants to State Revolving
Funds (SRFs) are 91% of target (below their + or - 5% window), and only 14 states
received capitalization grants for SRFs.
The Regions and states missed their targets for reissuing NPDES permits, and state
fu-Mvitv is lower now than this time last year.
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DRINKING WATER PROGRAMS
Drinking Water Programs include Wellhead Protection (WHP) within the Office of Groundwater
Protection, Underground Injection Control (UIC) wells and Public Water Systems Supervision
(PWSS) within the Office of Drinking Water.
o The Wellhead Protection program provides technical assistance to states and localities. EPA's
work includes:
promoting the development of state plans for the protection of critical groundwater sources
of drinking water. Each state is responsible for the development of their own program. To
date, EPA's assistance includes guidelines for WHP area management and delineation
techniques, training of state/local officials on WHP data management and other technical
issues.
o The UIC program is almost entirely delegated to states who are responsible for:
- making permit determinations for both existing and new wells;
- verifying that mechanical integrity tests are performed to ensure that the drilling process was
accomplished correctly and injected fluids are not migrating along the well bore;
taking enforcement action against those wells with inappropriate injection
practices.
o The PWSS program is delegated to all states except WY, IN, and DC. The work includes:
- monitoring to ensure compliance with maximum contamination levels for microbiological
contamination, trihalomethanes, turbidity, and chemicals/radioisotopes;
taking enforcement actions (based upon monitoring data results) against those public water
systems in significant noncompliance.
-21-
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WELLHEAD PROTECTION PROGRAMS
The 1986 amendments to the Safe Drinking Water Act (SDWA) direct states to submit proposed
Wellhead Protection (WHP) programs for review/approval by June 1989.
o EPA has identified 42 states and Puerto Rico as actively working toward a WHP program
submittal, of which 26 are expected to meet the June 1989 deadline in the SDWA.
o Of these 42, 28 represent the target for assistance through Regional initiatives in FY 1989.
Through the second quarter, the Regions met their target of 15 by reporting seven states in
addition to the eight from the first quarter.
-22-
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REGION X
NEGKWK
O
WELLHEAD PROTECTION (WHP) PROGRAMS
As of March 31, 1989
GW-1
States with Regional Htiativea
for welhead protection program development.
Other States actively woridng toward a
weiwad protection program submtttal.
HEQKMI
-23-
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UIC CLASS I. II. III. AND V PERMIT DETERMINATIONS
To protect underground sources of drinking water, EPA requires all new underground injection
wells and some existing wells to undergo a permitting process. This measure tracks permit
determinations for both new and existing wells.
Well Type Purpose
Class I Deep Injection of Hazardous Waste
Class II Oil and Gas Production
Class III Mineral Extraction
Class V 30 Types including Agricultural Drainage,
Geothermal Reinjection and Radioactive
Waste Disposal
Primary
Location
Regions V,VI
Region VI
Regions VI,VII,IX
Approx
Number
550
140,000
24,000
Nationwide
180,000
MADE BY EPA
o The Regions have committed to making 599 permit determinations for this year.
o Through the second quarter, EPA completed 344 permit determinations, 122% of their target of
281.
MADE BY PRIMACY STATES
(Since data for primacy states are lagged one quarter, this report covers first quarter activity.)
i
o The states have committed to making 6,539 permit determinations for this year.
o Through the first quarter, the primacy states completed 1,518 permit determinations, 88% of
their target of 1,729.
-24-
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UIC CLASS I, II, III. AND V PERMIT DETERMINATIONS
(NEW AND EXISTING)
EPA
As of March 31. 1989
PRIMACY STATES
As of December 31. 1988
/w
600
500
400
300
200
100
0
O
o
/o
1234
QUARTERS
IVAAAJ
8000
6000
4000
2000
o TARGET 0
-*- ACTUAL
S
Target Actual
DW-1
Ri
Rl
RI
RIV
RV
RVI
RVI
RVI
RIX
RX
0
28
13
87
101
40
0
12
0
0
0
34
1
132
92
60
0
25
0
0
REGIONAL PERFORMANCE
Those Regions showing
no targets for this
measure do not have the wel
classes dealt with here.
or have no responstoities for permit
determinations in the given
EPA or State programs.
IUVAAJ
8000
6000
4000
2000
0
S
^ .
~w
1
o
2
0
o
3 4
QUARTERS
Rl
Rl
Rl
' RIV
RV
pern* RV|
RVI
RVI
RIX
RX
Target
17
6
7
38
168
\026
102
53
302
10
Actual
10
27 +
6
95 +
80
742
234 +
59 +
247
18 +
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UIC CLASS II MECHANICAL INTEGRITY TESTS
UIC mechanical integrity tests (MITs) are performed to ensure that the well casings and tubings are
sound and injected fluids do 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 For FY 1989, the Regions have committed to verify 2,494 MITs.
o Through the second quarter, six Regions verified 1,195 MITs, 119% of their target of 1,001.
VERIFIED BY THE PRIMACY STATES
(Since data for primacy states are lagged one quarter, this report covers first quarter activity.)
o For FY 1989, primacy states have committed to verify 28,226 MITs.
o Through the first quarter, the primacy states verified 5,996 MITs, achieving 82% of their target
of 7,276.
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UIC CLASS II MECHANICAL INTEGRITY TESTS (MITs)
(EXISTING)
EPA
As of March 31.1989
PRJMACY STATES
As of December 31.1988
ouuu
„ 2500
7 2000
^\
k-l
1 150°
3 1000
500
0
-
-
~
-
s
— 9r *
Q1
Rj
Rl
Rl
RTV
RV
RVI
RVI
RVI
RIX
RX
^•'""
Q2
Target
0
60
200
226
155
100
0
260
0
0
0
o
Q3 Q4
... RE
Actual
0
165 + 1
290 + '
270 + r
120 - v
90 - '
0 c
260 •
0
0
20000
10000
O TARGET
-•- ACTUAL
REGIONAL PERFORMANCE
Those Regions showing
no targets for this
measure do not have Class I
web, or have no reaponsMUes
for NTs In the often EPA
or State programs.
.0
0
0"
Q2
Target Actual
03
O4
Rl
Rl
Rl
RtV
RV
RVI
RVI
RVI
RIX
RX
0
0
0
10
599
5.099
550
98
900
20
0
0
0
6
344
3.457
961
253
935
40
DW-2
-27-
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UNDERGROUND INJECTION CONTROL ENFORCEMENT
SIGNIFICANT NONCOMPLIANCE
o Based on field inspections, MITs and self-reporting 1,969 wells were identified as being in SNC
(625 by the states and 1.344 by EPA). Last quarter there were 8.724 wells in SNC.
- 1.734 (87%) of the wells in SNC are in Region V.
ADDRESSING SIGNIFICANT NONCOMPLIANCE
o Last quarter, there were 2,568 wells listed on the exceptions report as being in SNC for two or
more consecutive quarters. Of this number, 1,239 wells were returned to compliance and 73
received an enforcement action for a pending balance of 1,256 wells. Also, there were seven new
wells added to the exceptions report for a total of 1,263 wells to be addressed.
ENFORCEMENT ACTIONS
o Through the second quarter, EPA has issued 43 final administrative orders and one civil judicial
case was referred to DOJ. EPA's active UIC civil docket is 11 cases.
o In the first quarter of FY 1989, the States issued 447 final orders. The States also referred 13
civil cases and filed 14 civil actions in State courts.
NOTE: State data are lagged one quarter.
-28-
-------
UNDERGROUND INJECTION CONTROL
RESPONSE TO SIGNIFICANT NONCOMPLIANCE EXCEPTIONS REPORT
As of March 31, 1989
3000
2500 -
2000
1500 -
1000
500 -
SNC
RETURNED TO
COMPLIANCE
RECEIVED
ENFORCEMENT
ACTION
PENDING
DW-8
-29-
-------
PUBLIC WATER SUPPLY SYSTEMS
COMPLIANCE
No data was reported for this measure.
ADDRESSING PWSS SNC EXCEPTIONS REPORTING
o At the beginning of the first quarter FY 1989, 1.037 systems were listed on the exceptions report
for SNC violations of microbiological, turbidity, total trihalomethane, chemical and/or radiological
maximum contaminant levels (MCLs) and/or monitoring and reporting (M&R) requirements.
Facilities on the exceptions report have been in SNC tor two or more consecutive quarters
without returning to compliance or being addressed by an enforcement action. At the end of the
quarter, only 90 systems had returned to compliance and only 15 were addressed by an
enforcement action. The remaining 934 violators constitute the new exceptions report to be
addressed.
ENFORCEMENT ACTIVITY
o In the first quarter, the Regions issued 22 administrative orders including one complaint for
penalty. The EPA civil case docket currently contains 11 cases.
o In the first quarter,the states issued 156 administrative/compliance orders and referred 44 civil
cases to State Attorneys General. In addition, the states filed 27 civil cases and two criminal
cases that were previously referred. Seven civil state cases were concluded.
-------
600
500
400 -
300 -
200 -
100
MICRO/TURBIDITY
PUBLIC WATER SYSTEMS
RESPONSE TO SNC
EXCEPTIONS REPORT
As of December 31,1988
SNC RETURN TO ENF. PENDNG
COMPL. ACTIONS
600
CHEMICAL/RAD
SNC RETURN TO ENF. PENDING
COMPL. ACTIONS
DW/E-3
-31-
-------
CRITICAL HABITAT PROGRAMS
Critical habitats include the nation's oceans, near coastal waters (i.e. tidal waters and ocean areas
affected by land-based pollution), and wetlands. For FY 1989, three Critical Habitat programs are
tracked in SPMS:
o The Ocean Dumping program regulates the disposal of all types of material that may adversely
affect the marine environment.
o The Wetlands Strategic Initiatives program identifies and protects valuable and threatened
wetlands with the assistance of federal, state and local agencies.
o §404 of the Clean Water Act authorizes EPA to assess the environmental impact of all
discharges of dredged or fill material into U. S. waters and to bring civil and criminal
enforcement actions against illegal dischargers.
While not tracked in SPMS, EPA has a number of other Critical Habitat programs, including the
Great Lakes, Chesapeake Bay, National Estuary, Near Coastal Waters, and Ocean Discharge
programs.
-33-
-------
OCEAN DUMPING
EPA is responsible for the designation of ocean dumping sites, most of which are used by the Corps
of Engineers to dispose of dredged material. An environmental impact statement (EIS) is prepared
for one or more proposed sites to assess the effects of ocean dumping on the local marine
environment and subsequently determine if ocean dumping is the preferred disposal option. The
final EIS is issued after the inclusion of EPA's response to public comments received on the draft
EIS as well as the results from follow-up studies.
o Site designations tracked here include approval or disapproval of a site (based on the EIS), and
expiration or cancellation of previously designated sites. Several years ago approximately 98
EISs and 143 interim or new sites were awaiting action. Although the number of EISs and sites
continues to change (as new sites are proposed), approximately 50 EISs and 80 sites awaited
action by the end of the second quarter of FY 1989.
FINAL ENVIRONMENTAL IMPACT STATEMENT ISSUANCE
i
o The Regions have committed to issuing 10 final EISs in FY 1989, four by the end of the second
quarter. Two out of three Regions met their targets for a total of three final EISs in the
second quarter.
SITE DESIGNATIONS
o In FY 1989 the Regions have committed to completing 18 site designations, 11 by the end of
the second quarter. One Region met their target and three Regions missed their targets for a
total of two site designations in the second quarter. Region II plans to designate their package
of eight sites in the fourth quarter.
-34-
-------
14
12
10
8
6
4
2
0
OCEAN DUMPING
As of March 31, 1989
FINAL EIS ISSUED
25
20
15
10
WQ-1
LEGEND
TARGET
ACTUAL
SITE DESIGNATIONS
-35-
-------
In recent years, EPA has been working to develop a more comprehensive and anticipatory approach
to wetlands protection that complements the §404 dredge and fill program. Accordingly, strategic
initiatives are developed to carry out long-term, geographically-focused protection efforts in
conjunction with federal, state and local agencies. A strategic initiative includes one or more of the
following types of activities: advance identification, multi-objective planning, enforcement,
jurisdiction delineation, public education, or wetlands restoration. A strategic initiative is completed
when all aspects of the activity have been implemented excepting evaluation of results.
o The Regions committed to starting 13 strategic initiatives during FY 1989. Through the second
quarter, eight initiatives were targeted and 13 (all major) were initiated in nine Regions (all but
VII) meeting or exceeding their targets.
o There were 15 wetlands advance identifications started in FY 1988 of which seven have been
completed to date.
WETLANDS §404 (DREDGE AND FILU ENFORCEMENT ACTIONS
o Through the second quarter, EPA issued 51 wetlands administrative orders including nine for
penalties. Also, EPA has referred one civil case to DOJ.
-36-
-------
5 -
WETLANDS
As of March 31, 1989
STRATEGIC INITIATIVES
STARTED
15
10
FY 88 ADVANCE IDENTIFICATIONS
COMPLETED
2 3
QUARTERS
ADMNSTRATIVE ORDERS
COMPLETED
WQ-2. WQ/E-1
2 3
QUARTERS
-37-
-------
SURFACE WATER PROGRAMS
Surface Water programs for FY 1989 include Surface Water Quality, Municipal Pollution Control,
and National Pollutant Discharge Elimination System (NPDES) Permit programs.
o Surface Water Quality programs include work done by states to:
submit lists of surface waterbodies where water quality cannot be attained or maintained;
evaluate surface waterbodies to determine if numeric criteria for toxic pollutants are needed
to protect designated uses; adopt numeric criteria (or narrative implementing procedures)
for §307(a) priority toxic pollutants; and
assess whether waterbodies are meeting designated uses; whether nonpoint source (NPS)
pollution is causing designated uses not to be met, and develop and implement state NPS
management programs that address all NPS of pollution (reported fourth quarter only).
o Municipal Pollution Control programs include:
providing construction grants to build or improve Publicly Owned Treatment Works
(POTWs) to prevent point source pollution; and
providing capitalization grants to state Revolving Funds (SRFs) for states to make loans to
local governments for various water quality control programs.
o NPDES Permit programs include issuing, renewing, and enforcing permits for facilities which are
point sources of pollution. An important part of controlling point sources of pollution are
pretreatment programs which are included in permits where needed.
-39-
-------
SURFACE WATER QUALITY PROGRAMS
STATE LISTS OF WATERS REQUIRED BY §304(1) OF THE CWA
o States were required to submit, by February 4, 1989, lists of waters where water quality cannot
be attained or maintained.
To date, 49 states and territories submitted final lists of waters, and sources and amounts of
pollutants discharged. Five states (MA, UT, AZ, NV, AK) and three Pacific Island
territories have drafted but not submitted final lists.
Regions must approve or disapprove of final lists by June 4, 1989.
STATE WATERS EVALUATED & NUMERIC CRITERIA ADOPTED FOR TOXICS
o States were to evaluate waters to determine if numeric criteria for toxic pollutants are needed to
protect designated water uses. In FY 1989, states in all ten Regions committed to evaluate
1,858 waters, some of which are on the final §304(1) lists.
Through the second quarter, states in five Regions (I, IV, VI, VII, and X) have evaluated
278 waters, against a target of 136 waters.
o States report progress in adopting numeric criteria in water quality standards for the §307(a)
priority toxic pollutants. For FY 1989, 27 states committed to adopt numeric criteria for human
health and aquatic life for one or more of the §307(a) priority toxic pollutants.
In the first half of the year, six states (ME, RI, SC, GA, WI, OK) adopted human health or
aquatic life numeric criteria for some of the §307(a) priority toxic pollutants. The target
was seven states.
In this program to date, 16 states have adopted 20 or more human health numeric criteria,
and 30 states have adopted 20 or more aquatic life numeric criteria, for §307(a) priority
toxic pollutants.
-40-
-------
CO
oB
CO
10
9
8
6
4
3
2
1
0
STATES WITH RNAL LIST OF WATERS
UNDER S.304(1)
SURFACE WATER QUALITY PROGRAMS
As of March 31, 1989
STATE WATERS EVALUATED
I I I IV V VI VI VI IX X
UNVERSE 57 STATES & TERRTTORES
LEGEND
TARGETED THS QUARTER
WQ-3.4.5
DONE THS QUARTER
to 2000
I
5 1500
1000
500
0
CO
to
30
20
10
2
LEGEND
o TARGET
*- ACTUAL
STATES ADOPTNG NUMERIC CRITERIA FOR
S. 307(a) PRIORITY TOXIC POLLUTANTS
25
21
13
20
14
V/.
11
0 1-19 20-50 >50
NUVBER OF S. 307(a) POLLUTANTS
LEGEND
2Z3 AQUATIC UFE
CZH HUMAN HEALTH
-41-
-------
MUNICIPAL POLLUTION CONTROL PROGRAMS
CUMULATIVE NET OUTLAYS FOR CONSTRUCTION GRANTS AND
STATE REVOLVING FUNDS
o In the past two decades, EPA has spent c. $40 billion in grants to build or improve POTWs. In
FY 1989, EPA will continue to track cumulative net outlays for construction grants (CGs) and
State Revolving Funds (SRFs). Of the total $2.58 billion spending projected for FY 1989,
approximately 90% will be used for CGs, and 10% for SRFs.
By mid-year, $1.12 billion was spent in cumulative net outlays for CGs and SRFs, 91% of
the target (below the + or - 5% window for spending), compared to 95% last year and
105% in FY 1987. Regions I, HI, IV and VI were within their + or - 5% window for
spending this quarter. Regions V and X were below 80% of their target.
STATES RECEIVING STATE REVOLVING FUND GRANTS
o The Clean Water Act of 1987 provided for a transition to state self-sufficiency through
capitalization grants to SRFs which states will manage themselves. EPA is tracking the states
awarded capitalization grants for SRFs, and the grant amounts. Of the 57 states and territories,
48 are targeted to get SRFs grants for a total of $234.9 million this year.
Through this quarter, 14 states received SRFs capitalization grants against a target of 20.
BACKLOGGED ADMINISTRATIVE COMPLETIONS
o After 12 or 18 months of operation, each POTW is expected to close out their grants by
conducting an administrative completion. In the past, this has not been a high priority among
the states, which has led to a backlog of these projects. In FY 1989, 967 of these projects (61%
of the 1,585 projects backlogged) are targeted for administrative completion. States in Regions
III, IV, and V have almost half of these backlogged projects.
Through the second quarter, the Regions and states finished administrative completions for
378 projects, 90% of the 419 projects targeted.
-42-
-------
MUNICIPAL POLLUTION CONTROL
As of March 31, 1989
CUMULATIVE NET OUTLAYS
FOR CONSTRUCTION GRANTS AND
STATE REVOLVING FUNDS
100 -
OT
80
60
-
I
J
i
1
i
1
-J
i
J
^
-
— i
91
I
I 0 + or - 5%
• NATIONAL
STATES RECEIVING SRF GRANTS
IV V VI VI VI IX X Ntt.
o
BACKLOGGED ADMINISTRATIVE COMPLETIONS
200
LEGEND
NOT PLANNED THS YEAR
I PLANNED THS YEAR
TARGETED THRU THE QUARTER
I DONE THRU THE QUARTER
WQ-8,9.10
-43-
-------
NPDES PERMIT PROGRAMS
The Clean Water Act (CWA) requires EPA to issue permits to facilities discharging effluent into
U. S. waters. National Pollutant Discharge Elimination System (NPDES) permits may last up to five
years. There are about 70,000 facilities with NPDES permits, of which some 7,000 are major. The
NPDES permit program is operated by the Regions and 39 approved states.
PERMITS REISSUED
o There are 1,872 major facilities with permits due to be reissued this year. Of these, the Regions
are responsible for 480, and approved states for 1,392. Regions and states committed to reissue
permits to 86%, or 1,619 facilities (398 by the Regions and 1,221 by the states).
The Regions and states have reissued 377 NPDES permits (73% of 519 targeted) through
the second quarter. Regions reissued 59 permits (78% of 76 targeted), and states reissued
318 permits (72% of 443 targeted).
PERMITS REISSUED REFLECTING WQ BASED ASSESSMENTS FOR TOXICS
o EPA is tracking the number of NPDES permits reissued or modified for major or §304(1) minor
facilities reflecting water quality based assessments for priority toxic pollutants.
Through the second quarter, the 377 reissued major and 73 additional §304(1) minor were
modified to reflect water quality based assessments. Of these, 177 (39%) include toxic limits
as individual control strategies (ICS) as specified under §304(1) of the CWA.
EVIDENTIARY HEARINGS RESOLVED
o Facilities may object to permit conditions and seek a review by an Administrative Law Judge.
EPA tracks progress made in resolving pending evidentiary hearing requests. Of the 195 cases
pending (87% in the states), Regions and states committed to resolve 49 (25%) this year.
This quarter, Regions resolved eight and states resolved 11 evidentiary hearings, for a total
of 19 against a target of six. In Region III (with 115 of the 169 state cases), no evidentiary
hearings were resolved by states, and PA and WV await nomination, appointment, or
confirmation of hearing board members to handle their backlogged cases.
-------
NPDES PERMIT PROGRAM
As of March 31, 1989
PERMTTS
EPA
I I • IV V VI VI VI IX X
REGIONS
PERMTTS
STATES
I I I IV V VI VI VI IX X
REGIONS
EH PLANNED THIS YEAR
CD TARGETED THS QUARTER
WQ-11,12,13 H DONE THS QUARTER
NPDES PERMITS REISSUED/MODIFED
EPA AND STATES
CO
500
u_
O 250
39%
1
23
QUARTERS
50
40
30
20
10
0
WTTH WQ BASED ASSESSMENTS
• ICS
EVDENTIARY HEARNGS RESOLVED
EPA & STATES
QUARTERS
o TARGET
-*- ACTUAL
-45-
-------
PRETREATMENT PROGRAMS
EPA, and the States approved to administer the pretreatment program, determined that 1,429
POTWs currently meet criteria for needing pretreatment programs with local effluent limits for
significant industrial users. Of these 1,429 pretreatment POTWs, the Regions are responsible for
621, and approved States for 808. It is EPA policy that a pretreatment program is either audited or
inspected every year. A pretreatment POTW should be audited at least once during the term of its
NPDES permit (normally five years).
AUDITS AND INSPECTIONS
o In FY 1989, EPA continues to audit these pretreatment programs to ensure that they are
implemented effectively. The audit includes a site visit, document review, interview with selected
staff, and facility inspection. Of the 1,429 pretreatment programs, 306 are scheduled for audits
this year.
Through the second quarter, 139 pretreatment audits were carried out, 120% of those
scheduled. The Regions completed 55 pretreatment audits (108% of their target of 51), and
the States completed 84 pretreatment audits (129% of their target of 65).
o The remaining 1,123 pretreatment programs not audited are to be inspected this year.
Through this quarter, the Regions conducted 124 pretreatment program inspections (106%
of their target of 117), and the States conducted 291 pretreatment program inspections
(98% of their target of 296).
ENFORCEMENT
o Through audits and inspections, Regions and States have identified 244 major municipals that
meet the criteria for reportable noncompliance (RNC). Of this number, 55 facilities are
receiving technical assistance, and 74 received a formal enforcement action. This leaves 115
facilities to be addressed.
o Through the second quarter, EPA has issued 41 orders for not implementing the pretreatment
program, and the States have issued seven orders. In addition, there has been one EPA civil
referral and eight State referrals for pretreatment violations.
-------
PRETREATMENT PROGRAMS
As of March 31, 1989
50
AUDITS
EPA & STATES
CO
40
<30
b
20
10
0
CO
200
150
100
50
0
WQ-14
WQ/E-8.10
1200
800
400
0
1234
QUARTERS
I I II IV V VI VI VI IX X
REGIONS
INSPECTIONS
EPA & STATES
I I I IV V VI VI VI IX X
REGIONS
o TARGET
••-ACTUAL
fcnfl
I4UU
800
400
l-n 0
:: 1 ^-M
1 1,-,
1 1 ::l
o
1234
QUARTERS
|_«l
ri Ir.
-^ACTUAL
250
200
150
100
50
ADDRESSING PRETREATMENT RNC
RNC
LEGEND
TARGETED THS QUARTER
DONE THS QUARTER
TECH. ENF. PENONQ
ASSIST. ACTION
-47-
-------
NPDES COMPLIANCE STATUS
o Overall, 94% of major industrials are not in Significant Noncompliance (SNC). For major
industrials, 3.269 of 3,509 facilities (93%) have achieved Final Effluent Limits (FEL). Of 3,269
facilities on FEL, 185 (6%) are in SNC. Of 240 facilities on Construction Schedules or Interim
Effluent Limits (CS/IEL), 23 (10%) are in SNC.
o Overall, 88% of major municipals are not in SNC. For major municipals, 3.098 (84%) of 3,700
facilities have achieved FEL. Of 3,098 facilities on FEL. 264 or 9% are in SNC. Of 602 facilities
on CS/IEL, 174 (29%) are in SNC. Under the National Municipal Policy, there are 450 (100
EPA and 350 States) major facilities with municipal compliance plan (MCP) schedules. Of this
number, 128 (45 EPA and 83 states) or 37% of them are in SNC with their schedules (no change
from last quarter).
o Overall, 82% of major federal facilities are not in SNC. For major federal facilities, 141 (95%) of
149 facilities have achieved FEL. Of 141 facilities on FEL, 23 (16%) are in SNC. Of eight
facilities on CS/IEL, four (50%) are in SNC.
NPDES INSPECTIONS
o For coverage of major NPDES facilities, the Regions and states conducted 3,509 inspections
against a target of 3,015. Regions VI and IX missed their second quarter target.
-48-
-------
100
90
80
70
60
50
40
30
20
10
0
NPDES COMPLIANCE
As of March 31, 1989
INDUSTRIAL
OVERALL PEL CS/EL
3.509 3.269 240
NUMBER OF FACUTES
100
90
80
70
60
50
40
30
20
10
0
LEGEND
I | NOTNSNC
• SNC
MUNICIPAL
OVERALL PEL
3,700 3,098 602
NUMBER OF FACILITIES
WQ/E-4.5
-49-
-------
RESPONSE TO SIGNIFICANT NONCQMPLIANCE
EXCEPTIONS REPORT
o The percentage of major industrial and municipal facilities in SNC for two or more consecutive
quarters without being addressed or returned to compliance remained at 3%. There are 61
facilities (15 industrial and 46 municipal) that have been in SNC for a year or more without being
addressed. This is a decrease from 74 last quarter and represents 39% of the exceptions report.
Region II accounted for 16 (26%) and Region V accounted for 17 (28%) of the facilities in SNC
for a year or more.
For major industrials, of 60 facilities from last quarter's exceptions list. 18 have returned to
compliance (RTC) and 21 have enforcement actions initiated. The remaining 21 plus 19 new
significant violators on the exceptions report constitute the pending balance of 40. One
percent of the 3,508 major industrials are pending on the exceptions report.
For major municipals, of 133 facilities from last quarter's exceptions list, 35 have returned to
compliance and 36 have had enforcement actions initiated. The remaining 62 plus 47 new
significant violators on the exceptions report constitute the pending balance of 109. Three
percent of the 3,700 major municipals are pending on the exceptions report.
o Of the 14 federal facilities from the last quarter's exceptions list, none were returned to
compliance and six had enforcement actions initiated. The remaining eight plus one new
significant violator on the exceptions report constitute the pending balance of nine facilities. Six
percent of all major federal facilities are pending on the exceptions report, a decrease of 3% from
last quarter. Eight of the nine facilities have been in SNC for at least a year.
-------
20
RESPONSE TO SIGNIFICANT NONCOMPLIANCE
EXCEPTIONS REPORT
As of March 31, 1989
MAJOR
INDUSTRIALS
SNC
RTC ENF. PENDING
ACTIONS
200
150
100
50
MAJOR
MUNICIPALS
SNC RTC ENF. PENDING
ACTIONS
WQ/E-6,7
-51-
-------
NPDES ENFORCEMENT ACTIVITY
o Through the second quarter, EPA has issued 729 administrative orders (427 in the second
quarter), compared to 466 (278 in the second quarter) for the same period last year. These
orders include 41 for failure to implement a pretreatment program and 68 proposed penalty
orders. Also, the states have issued 466 orders (265 in the second quarter) compared to 535 (295
in the second quarter) for the first two quarters of last year.
o Through the second quarter, the Regions have referred 34 (23 for the second quarter) civil cases
to DOJ (compared to 21 for the quarter and 28 cumulative last year) plus six Pre-Referral
Negotiations Cases. The states have referred 164 civil cases this year compared to 222 through
the second quarter.
o The Regions have referred 11 criminal cases and the states have filed 34 criminal cases in state
courts.
o Nationally. EPA has an active civil docket of 206 referrals. Through the second quarter, 32 cases
. were referred to DOJ. 113 cases were filed by DOJ and 24 cases were concluded.
o The states have an active civil docket erf 740 referrals (Regions II and VI did not submit data).
Through the second quarter. 164 cases were referred to State Attorneys General (SAG), 94 cases
were filed by SAG. and 137 cases were concluded.
-52-
-------
NPDES ENFORCEMENT ACTIVITY
As Of March 31, 1989
ADMINISTRATIVE ORDERS
CIVIL REFERRALS
500
400
300
200
100
120
100
80
60
40
20
WQ/E-8.9
LEGEND
• EPA
/// STATES
-53-
-------
« a
If
ta
a
-------
Office of Solid Waste and
Emergency Response
-55-
-------
OFFICE OF SOLID WASTE AND EMERGENCY RESPONSE
SECOND QUARTER HIGHLIGHTS
o In FY 1989, the Superfund program is emphasizing completion of projects while staying on
track for the major statutory "starts" for remedial investigations/feasibility studies and
remedial actions.
o The Regions continue to exceed targets for preliminary assessments and site inspections.
o The Regions fell short of remedial action targets by issuing 16 first RODs (30% of target), 12
final RODs (30% of target), and one completion (against a target of six).
o The Regions continue to exceed the targets for all permitting and closure measures.
o Regions and States continue to work toward the November 8, 1989 incinerator permitting
deadline. Fourteen final permit determinations have been made through the second
quarter. As of April 11,1989,126 incinerators remain to be determined.
o RCRA facility investigations (RFIs) were imposed for 129 situations requiring corrective
action. These RFIs account for 29% of the total 443 RFIs imposed to date. Corrective action
program to date information is included for the first time in this quarterly report.
o In the Chemical Emergency Preparedness and Prevention program, the Regions exceeded
targets for assisting with chemical emergency simulations (147%), and for providing
technical assistance or training in chemical emergency preparedness, prevention or
community right-to-know (692%).
o The Regions exceeded targets for the number of states with Leaking Underground Storage
Tanks Trust Fund cooperative agreements (154%). To date, 26 states have formal
agreements to implement the federal UST program.
-57-
-------
SUPERFUND RESPONSE IN PERSPECTIVE
DISCOVERY
OR
NOTRCATON
REMOVAL
SITE
EVALUATION
REMOVAL
I
PRBJMNARY
ASSESSMENT
MRS
NPL
HAZARD RANMNQ
SYSTEM
NATIONAL PHORfTY
LIST
O&M OPERATION AND
MAINTENANCE
STEPS TRACKED N SPMS
:: SfTE.
MRS
FOR
NPL
LIST ON
NPL
::;: REMEDIAL
NVESTOATION
FEASBIJTV
: STUDY
RECORD
••: •/• op;; •'•>:
DEdSJON
DESK3N/
REMEDIAL-
ACTION
O&M
STATE ACTON
OR
NO RELEASE
OR
THREATENED
RELEASE
I
NO ACTION
COST
RECOVERY
-59-
-------
SUPERFUND PRELIMINARY ASSESSMENT/SITE INSPECTIONS
o The Regions completed 1,142 preliminary assessments through the second quarter,
exceeding the national target of 983. They also completed 795 site inspections through the
second quarter, exceeding the target of 491. Of these totals, nine preliminary assessments
and four site inspections were conducted at Federal facilities.
o As of February 28,1989, the Regions have conducted preliminary assessments at 27,839 sites.
Of these 27,839 sites, 9,755 (35%) have had site inspections.
o Program to date, 2,051 sites have been scored by the Hazard Ranking System and 12,114 have
no further action planned under CERCLA.
REMOVAL ACTIVITIES
The Regions completed removal actions at 24 NPL sites through the second quarter. Five of
these were PRP-financed. No sites with completed removal actions were ready for deletion
from the NPL, during the second quarter.
Year to date, removal actions were initiated at 13 NPL sites, one third of the end-of-year
target of 44. Subsequent removal actions have been initiated at 14 NPL sites, already
exceeding the end-of-year target of 13. This removal action data may have been affected by
reporting delays due to the Agency's conversion to the Integrated Financial Management
System.
Program to date, 1,324 removal actions have been initiated (271 are at NPL sites) and 1,100
removal actions have been completed (243 of these were at NPL sites).
-------
RESPONSE PERSPECTIVE
SUPERFUND RESPONSE
As of March 31, 1989
PRELIMINARY ASSESSMENTS
350
300
250
200
150
100
50 h
0
I
y.
7A
\
m
Vs
LJ
I
I
I
'A
\ \ n iv v vi vi vi ix x
REGIONS
NATIONAL
2500
2000
1500
1000
500
0
2ndQ
FY88 FY89
-- TARGET
SITE INSPECTIONS
175
150
125
100
75
50
25
0
K
Y,
V,
Y,
\7
V,
'/,
I I • IV V VI VI V» IX X
REGIONS
S/F-1.2
77A ACTUAL 1stQ
ACTUAL 2nd Q
•QQ0QT]
NATIONAL
1000
760
500
250
2ndQ
FY88 FY89
-61-
-------
REMEDIAL INVESTIGATION/FEASIBILITY STUDY (RI/FS) STARTS
o RI/FSs were initiated at 41 NPL sites through the second quarter, missing the target of 62. Of
these, 24 were PRP-financed. The end-of-year target is 104. Nineteen subsequent RI/FSs
were also started, exceeding the target of 17. Of these, 14 were fund-financed. Year to date
RI/FS data may have been affected by reporting delays due to the Agency's conversion to the
Integrated Financial Management System.
o Program to date, 824 RI/FSs have been initiated: 460 were fund-financed, 203 were PRP-
financed, 133 were financed by both, and 28 were Federal facilities.
RECORD OF DECISION (RODs)
o Through the second quarter, 16 first RODs were signed at NPL sites, for 30% of the target of
54. Six of these RODs were financed by PRPs. In addition, 12 final RODs were signed against
a second quarter target of 39. Of these, seven were PRP-financed.
o Program to date, remedies have been selected at 345 NPL sites (18 of which were no action
alternatives).
REMEDIAL DESIGN ACTIVITY
o This measure tracks funding or PRP contract awards for first and final remedial design
activity. Through the second quarter, the Regions initiated first remedial design activity at
43 NPL sites, missing their target of 73, and completed final remedial design at 33 NPL sites,
missing their target of 39. Remedial design data may have been affected by reporting delays
due to the Agency's conversion to the Integrated Financial Management System.
o Program to date, remedial design activity has been initiated at 283 NPL sites.
-------
RESPONSE PERSPECTIVE
SUPERFUND RESPONSE
As of March 31,1989
cn
FIRST RI/FS
10
8
6
4
2
0
J
1 • IV V VI VI VII IX X
REGIONS
FIRST ROD
TARGET
£Z2 ACTUAL 1st Q
I I ACTUAL 2nd Q
14
12
10
8
6
4
2
0
1 I
i I
1 I
L. J
___ /
m
1 M
S/C-4(a). 4
-------
REMEDIAL ACTION ACTIVITY
o The Regions initiated 21 remedial action starts through the second quarter, missing the
target of 27. Of these starts, 15 were PRP-financed and six were fund-financed.
o Final remedial action was initiated at 12 NPL sites, meeting the second quarter target. Seven
of these actions were PRP-financed.
o Year to date remedial action activity data may have been affected by reporting delays due to
the Agency's conversion to the Integrated Financial Management System.
o To date, there are 193 NPL sites with remedies implemented or in progress.
o Since SARA was enacted, the Regions have initiated on-site remedial action at 106 NPL
sites. OSWER's second quarter target, which includes all actions initiated post-SARA, is 124.
o Entire remedial implementation was completed during the second quarter at one NPL site.
The Regions had targeted six completions. To date, 39 NPL sites have been cleaned up.
o Three Regions have initiated a total of four NPL site deletions. The second quarter target
was six. Program to date, 24 sites have been deleted from the NPL.
-------
RESPONSE PERSPECTIVE
REMEDIAL ACTION PROGRESS AT NPL SITES UJ
As of March 31, 1989
rni
FIRST REMEDIAL ACTION
FINAL REMEDIAL ACTION
u
8
6
0
-
-
y/t
i
•
j
i
i
r— -|
//
'//
'//,
\
\
\
\
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'//
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' / ,
'/,
//
L.. -
#
//
//
//
r-~\
\ i \ .
^
\ i
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5
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-
/
i
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1
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-1
//
^/,
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^
1
1
1
1
/v
#
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1
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' / »
REGIONS
ALL REMEDIAL
MPLEMENTATION COMPLETE
TARGET
EZZ ACTUAL 1st Q
CZD ACTUAL 2nd Q
- J
S/C-7,8.9
I 1 IV V VI VI Vi IX X
REGIONS
30
20
10
0
i i n iv v vi vi vn ix x
REGIONS
REMEDIAL ACTION WORK
POST SARA
I
\
I » II IV V VI VI VII IX X
REGIONS
-65-
-------
SUPERFUND ENFORCEMENT
o During the first two quarters of FY 1989, the Regions referred 19 Section 107 cost recovery
actions for removals, RI/FSs and remedial design (RD) against a target of 26. There were five
Section 107 cost recovery referrals for remedial action (RA) versus a target of nine, bringing the
total number of cost recovery referrals (greater than or equal to $200,000) to 24 against a target
of 35. The total number of Section 107 cost recovery referrals, including those less than $200,000
and/or those involving proof of claim bankruptcy issues, was 28 tor the first two quarters.
o The Regions have referred 14 Section 106 referrals for RD/RA with settlement (consent decree)
and issued five unilateral administrative orders for RD/RA (tor a total of 19 against a target of
26). There was one Section 106 referral without settlement (against a target of three). Seventeen
Section 106 or combined 106/107 actions have been referred to the Department of Justice in
FY 1989.
o The Regions issued 34 Section 106 removal orders (11 NPL/23 Non-NPL) during the first two
quarters. This is the same number of orders issued by the end of the second quarter FY 1988 (6
NPL/28 Non-NPL).
o Nine administrative Section 107 cost recovery cases were resolved against a target of 11. These
actions pertained to sites where the Region has executed an administrative settlement with PRPs
that provides for reimbursement of Trust fund money under Section 107 and 122(h)(i) of
CERCLA.
-------
SECTION 107
COST RECOVERY REFERRALS
(CUMULATIVE)
SUPERFUND ENFORCEMENT
As of March 31, 1989
SECTION 106 CIVIL
REFERRALS
(CUMULATIVE)
SECTION 106
REMOVAL ORDERS
(CUMULATIVE)
LEGEND
S/E-1(a)
7/X CUMULATIVE TARGET
• CUMULATIVE ACTUAL
-67-
-------
CHEMICAL EMERGENCY PREPAREDNESS AND PREVENTION
The overall CEPP program goals are to promote community awareness of chemical hazards, and to
assist state and local preparedness programs to develop effective responses to chemical accidents.
CEPP is authorized under Title III of SARA (Superfund reauthorization).
o There are 37 states with State Implementation Memos (SIMs) in place, and 12 states with SIMs
being updated or revised. These memos establish and track working relationships between
states and EPA, and identify priority areas where chemical emergency preparedness plans will
be developed and tested. Seven states currently intend not to complete a SIM.
o In second quarter an additional 180 CEPP contingency plans were in place in priority areas; the
national total to date is 720. EPA directly assisted 34 communities with chemical emergency
simulations, against a target of 23 (149%).
o EPA provided technical assistance to 279 State Emergency Response Commissions (SERCs) and
SIM-designated priority areas, against a target of 40 (698%).
PREVENTION PROGRAM
The CEPP Accidental Release Information Program (ARIP) focuses management attention on
facilities with repeated or "serious" chemical releases, and provides EPA with detailed information
on the causes, and the activities undertaken to prevent subsequent releases.
o During second quarter, there were 102 ARIP questionnaires sent from Regions to facilities with
releases, and 95 responses were received from these facilities. Facilities have 30 days to
respond to ARIP questionnaires after which the Region will undertake non-compliance action.
In second quarter 13 non-compliance actions were taken against facilities.
o Two on-site chemical safety audits were conducted, 22% of the second-quarter target of nine.
Regions have targeted to complete 40 audits by the end of the year.
-69-
-------
LAND DISPOSAL FACILITIES
As of April 11,1989 the land disposal facility (LDF) universe numbered 1,439. Of these facilities,
166 LDFs were on the permit track, 1,026 were on the closure track, 115 were on both tracks, and
132 LDFs were not classifiable.
PERMITTING TRACK
o As of April 11,1989,88% or 248 of the 281 facilities on the permitting track (including those
facilities on both tracks) have been determined. Thirty-three LDFs remain to be determined.
o Through the second quarter, the Regions made 52 final permit determinations. This
performance exceeds the second quarter,target of 31.
o Of these 52 final permit determinations, 46 permits were issued, and six were denied.
o The Regions issued eight draft LDF permits and published one notice of intent to deny.
CLOSURE TRACK
o Of the 1,141 land disposal facilities on the closure track as of April 11,1989, (including those
facilities on both tracks), 791 have approved closure plans.
o Through the second quarter, the Regions approved 77 land disposal facility closure plans,
exceeding the target of 51.
o The Regions also issued 46 notices of land disposal facility closure plan availability.
-------
LAND DISPOSAL FACILITIES
As of March 31, 1989
FNAL PERMIT DETERMINATIONS
LDF CLOSURE PLANS APPROVED
30
20 -
10 -
• IV V VI VI VM IX
REGIONS
NUMBER OF PERMITS DENIED
K3 NUMBER OF PERMITS ISSUED
- - TARGETED NUMBER OF PERMIT
DETERMNATKDNS
25
20
15
10
NATIONAL
80
60
40
20
0
2ndQ
1988 1989
I I II IV V VI VI VI IX
REGIONS
I I TARGET
E*3 ACTUAL
R/C-1(D&E)
R/C-1(F)
-71-
-------
STATUS OF INCINERATORS
November 8,1989 is the RCRA (Section 3005) incinerator permit issuance deadline. By this
date the Agency must make a final permit determination on all incinerator permit
applications received before November 8,1986.
These graphs use data as of April 11,1989 to track the Agency's progress toward the permit
determination deadline.
-------
100
75
50
25
STATUS OF INCINERATOR FINAL PERMIT DETERMINATIONS
GIVEN NOVEMBER 8, 1989 DEADLINE
As of April 11, 1989
PERCENT OF PERMITTING TRACK
FACUTES DETERMNED
NATIONAL
43%
I I I IV V VI VI VI IX X TOTAL
• DETERK/tED: 1 8 14 19 21 21 4 1 2 1 92
* PERKffT TRACK 3 24 20 28 39 68 11 6 18 4 220
SOURCE Summary Report on RCRA Permit Activities
PD-1 March 1989. OSW
PERCENT OF NCNERATOR INVERSE
ON THE CLOSURE TRACK
100
75
50
25
NATIONAL
52%
I I IfVVVIVIVlIXX TOTAL
* CLOSURE TRACK: 2 4 2 18 13 66 5 1 10 4 115
* NOW. INVERSE 6 28 22 46 62 124 16 6 28 8 336
-73-
-------
INCINERATORS
As of April 11, 1989, the incinerator universe, which includes both stand alone and disposal
facility incinerators, numbered 358. Of these facilities, 205 incinerators were on the permit track,
100 were on the closure track, 15 were on both tracks, and 38 were not classified as being on either
track.
PERMITTING TRACK
o On the permitting track, 43% or 94 of the facilities have been determined as of April 11,1989.
This leaves 126 facilities currently on the permitting track (including those facilities on both
tracks) which must be determined by the November 8, 1989 incinerator permit issuance
deadline.
o The Regions made 14 final permit determinations through the second quarter. This
performance exceeds the second quarter target of eight.
o Twelve of the 14 determinations resulted in issued permits, while two were denied.
o In addition, eight draft permits were issued and one was denied.
CLOSURE TRACK
o Of the 115 incinerators on the closure track as of April 11,1989, including those facilities on
both tracks, 46 have approved closure plans.
o Through the second quarter, the Regions approved six incinerator closure plans, exceeding
the target of zero.
o The Regions also issued four notices of incinerator closure plan availability.
-------
INCINERATOR FINAL RCRA PERMIT DETERMINATIONS
As of March 31, 1989
RNAL PERMTT DETERMNATONS
CLOSURE PLANS
6
5
4
3
2
NATIONAL
15
10
5
2ndQ
1988 1989
/"I
/ *
( 1
I I I IV V VI VI Vi IX X
REGIONS
CD
NUMBER OF PERMTS ISSUED
-- TARGETED NUMBER OF PERMIT
R/C-1(D&E) DETERMNATONS
I I IIVVV1V1V1IXX
REGIONS
§• NUMBER OF CLOSURE PLANS APPROVED
TARGET WAS ZERO
R/C-1(F)
-75-
-------
STORAGE AND TREATMENT FACILITIES
As of April 11,1989, the storage and treatment (S/T) facility universe, which includes only
facilities without disposal or incineration processes, numbered 2159. This universe was
comprised of 1604 S/T facilities on the permit track and 555 facilities on the closure track.
Regions and states are working toward the November 8,1992 storage and treatment facility
permit issuance deadline.
PERMITTING TRACK
o As of April 11,1989, 574 S/T facilities or 36% of the permit track facilities were determined.
o Through the second quarter, the Regions made 23 final storage and treatment facility permit
determinations, 20 of which resulted in issued permits, while three were denied. The
storage and treatment facility permitting measures have no SPMS targets for FY 1989.
o The Regions also issued 16 public notices: 13 draft permits and three notices of intent to
deny a permit.
CLOSURE TRACK
o Of the 555 storage and treatment facilities on the closure track, as of April 11,1989, 333 have
approved closure plans.
o The Regions approved 134 storage and treatment facility closure plans and issued 129
notices of closure plan availability through the second quarter.
-------
STORAGE AND TREATMENT FACILITIES
As of March 31, 1989
FNAL PERMIT DETERMINATIONS
I I • IV V VI VH VI IX X
REGIONS
CD NUMBER OF PEWITS DEWED
K*2 NUMBER OF PERMTS ISSUED
R/C-1(D&E)
CLOSURE PLANS
I I I IV V VI VI VI IX X
REGIONS
•I NUMBER OF CLOSURE PLANS APPROVED
R/C-1(F)
-77-
-------
CORRECTIVE ACTION ACTIVITY
Corrective action activities may be conducted during interim status, permitting, and closure
stages. The corrective action process is shown in the graphic below. Highlighted are the
corrective action steps which are tracked by SPMS: RCRA facility assessments (RFAs), RCRA
facility investigations (RFIs), corrective action remedies, and corrective action designs.
Program information, as of April 20,1989, is shown for several of these steps.
o
Two states, Georgia and Utah, are authorized for the RCRA corrective action program.
Several other states expect to be authorized in the coming months.
o Proposed regulations for the procedural and technical requirements for corrective action at
solid waste management units have been under review at OMB since October 1988.
o The Regions completed 61 RFAs through the second quarter of FY 1989. As of April 20,
1989, 1,424 RFAs have been completed through the corrective action program.
o Through the second quarter, 129 RFIs were imposed. These RFIs account for 29% of the
total 443 RFIs imposed to date.
One corrective action remedy was selected for an entire facility and no designs were
approved during the second quarter. Program to date, ten facilities have had remedies
selected.
bsue Permit > ^ Modify
Permit of
RCRA PwttUy
. Aswwmwrt
(RFA)
~>
Conducted by EPA
Review of the Utility
and relevant record*
Determination of
corrective action need
RCRA Facility
Investigation
(RM)
No
Corrective
Action Need
• Conducted by
Owner/Operator
with Agency
oversight
• Determination of
nature/extent
of releases
Corrective ^
Measures Study "
(CMS) j
h~ _ .^
• Conducted by
Owner/Operator
with Agency
oversight
• Identification of
potential remedies
Rrawdy
Selection
Selected by
Agency
Remedy
J/nplemenUHon
• Implemented by
Owner/Operator
with Agency
* Interim measures can be required at anv ooint in the nmr«>«w
-------
CORRECTIVE ACTION PROGRAM STATUS
RFAs COMPLETED
350
300
250
200
150
100
50
0
IV V VI VI VI IX X
REGIONS
SOURCE CARS/RAATS
As Of April 20, 1989
Program to Date
FACIUTES WITH REMEDY
SELECTED
I I II IV V VI VI VII IX X
REGIONS
RFIs IMPOSED
IV V VI VI VI
REGIONS
IX X
RFIs WPOSED BY:
VTA PERMTTS
I I 3008(h) ORDERS
•1 OTHER ORDERS
-79-
-------
WAIVER REQUESTS
o Regional decisions concerning waiver requests for alternative concentration limits (ACLs),
double liners, and/or secondary containment tanks are tracked in SPMS.
o Through the second quarter, no waiver request decisions were made.
o As of April 11,1989,14 double liner, and 20 ACL standard waivers had been requested. Of
this total of 34 waiver requests, 23 have been decided to date.
-81-
-------
RCRA REGIONAL INITIATIVES
The FY 1989 RCRA Implementation Plan presented an option for regional flexibility. Regions
were invited to trade-off 10-15% of their RCRA program resources to address environmentally
significant priorities, which differ from the national priorities. For example, Region VI
presented a U.S./Mexico regional initiative, which, as was stated in their flexibility plan
submittal, would fulfill a commitment the U.S. made to Mexico in 1983 to address the mutual
environmental concerns along the border, primarily illegal dumping in Mexico due to
increasingly stringent U.S. regulations.
o Five Regions submitted initiatives under this flexibility plan: I, V, VI, IX, and X.
o Some of the initiatives have affected the SPMS commitments for the Regions. Examples
include Region X's tracking of land disposal facility post-closure permits under the existing
measure for land disposal facility closure permits, and Region V's reduction in required
facility inspections in order to address higher priority handlers.
o Each Region is to submit a mid-year assessment of their flexibility activities, including a
discussion of the environmental benefits achieved by their actions. A summary of regional
progress will be provided in the FY 1989 SPMS Third Quarter Report.
-83-
-------
RCRA ENFORCEMENT
o Addressing Significant Noncompliance - The beginning of year (BOY) significant noncomplier
universe (723) for the RCRA enforcement program has been adjusted downward to reflect
changes in violation status and the input of more reliable data tor facilities which were actually in
compliance at the beginning of the year. The universe of SNC's now totals 677 treatment, storage
and disposal facilities (TSDFs). The program exceeded its cumulative second quarter target for
addressing SNCs. Forty-three were pending at the end of the quarter against the program goal of
having 63 pending.
o Of the TSDFs in SNC at the end of the second quarter (BOY plus newly identified SNCs minus
SNCs returned to compliance), 68 were not subject to formal enforcement action. Four (6%) of
the 68 had been in SNC for 136-180 days since the inspection that identified the SNC, 47 (69%)
had been in SNC for more than 181 days and 17 (25%) had been in SNC less than 135 days.
o Of the 44 federal facility TSDF SNCs, 40 are subject to formal enforcement action.
o Inspections - Both EPA and States performed well on second quarter inspections targets: for land
disposal facilities 519 of 468 (111%); for TSDFs 905 against 653 (139%) and for federal, state, and
local TSDFs 163 against 135 (121%). Of those generators generating over 1,000 kg of waste and
subject to land disposal restrictions, 1,696 have received a land ban inspection. Two high priority
violations were reported based on these inspections.
o Judicial and Administrative Enforcement Activity - The Regions and states issued 131 formal
enforcement orders/permits at environmentally significant facilities that require RCRA Facility
Investigations (RFI), against a target of 25. The Regions issued 183 formal administrative actions
during the first two quarters, and there were four EPA civil referrals. EPA also referred 15
RCRA criminal cases to DOJ during the first two quarters. By the end of the second quarter, the
states had issued 356 formal administrative actions and referred 14 judicial cases.
-------
RCRA ENFORCEMENT
As of March 31, 1989
PROGRESS ON ADDRESSMQ TSDFs N SMC
800
700
600
1500
1400
300
200
100
TSDF INSPECTIONS
TARGET
BOY
2 3
QUARTERS
LEGEND
I I RETTOCOMP(37)
H23 ON SCHEDULE (289)
§• ENFORCEMENT ACTION (308)
•1 PENDNQ(43)
ADMNSTRATIVE COMPLAINTS
1 2 3
QUARTERS
R/E-1(b)t2
LEGEND
• STATES
I EPA
20
15
10
5
0
I I
IV V VI VI VI IX
REGIONS
• EPA & STATES
CIVIL REFERRALS
1234
QUARTERS
-85-
-------
UNDERGROUND STORAGE TANKS STATE PROGRAM APPROVAL
The Underground Storage Tanks (UST) State Program Approval tracks the status of states'
readiness for their own UST programs with respect to the federal regulations. The UST Technical
Standards rule was published in September 1988, and the UST Financial Responsibility rule in
October 1988. The rules became effective in December 1988 and January 1989, respectively.
o In second quarter, there were no states with authorized UST programs, and one state
(Mississippi) submitted a complete application for program approval. (OUST expects to receive
more state applications subsequently in FY 1989.) To complete an application, a state must
already have legislative authority for corrective action and to enforce financial responsibility for
spills. States can have programs covering chemical or petroleum tanks or both.
o Through second quarter there were:
39 states with corrective action authority for petroleum tanks;
35 states with corrective action authority for chemical tanks;
31 states with financial responsibility authority for petroleum tanks; and
23 states with financial responsibility authority for chemical tanks.
IMPLEMENTATION OF FEDERAL UST PROGRAM
There were 26 states with formal agreements to implement the federal UST program during the
transition period. These states are in all Regions except V, VII, VIII, and IX. The transition
period is the time between the date when the federal UST regulations became effective and the
date the state UST program is approved. The transition period varies by state.
-87-
-------
CLEANUP OF LEAKING UNDERGROUND STORAGE TANKS (LUST)
o There were 43 states with LUST Trust Fund cooperative agreements, 154% of the second
quarter target of 28 states. These agreements include FY 1989 monies, and agreements are
renegotiated each year for all states.
o In the process of qualifying for LUST cooperative agreements, 48 states have authority for
corrective action, 48 states have authority for enforcement, and 40 states have authority for cost
recovery.
o There were 3,129 LUST cleanups initiated in second quarter (24% of the 13,264 to date). Of
these,
3,002 (96%) were initiated with responsible party lead;
38 (1%) were initiated with state lead with LUST Trust Fund monies; and
89 (3%) were initiated with state lead without LUST Trust Fund monies.
The number of cleanups initiated in second quarter is consistent with the average FY 1988 rate.
o There were 1,384 LUST cleanups brought under control (27% of 5,093 to date). Of these,
1,345 (97%) were by responsible party lead;
22 (2%) were by state lead with LUST Trust Fund monies; and
17 (1%) were by state lead without LUST Trust Fund monies.
o LUST cleanups completed will be tracked in SPMS in FY 1990.
LUST CLEANUP ACTIVITY
3000
2000
1000
CD STATE l£AO WITHOUT
TRUST FUND MONEY
•i STATE LEAD WITH
THUBT FVM> MONEY
C3RE8P PARTY l£AD
MT1ATH)
CONTROL
-------
LUST CLEANUPS: STATES WITH
TRUST FUND COOPERATIVE AGREEMENTS
As Of March 31, 1989
SECOND QUARTER 1989
NATIONAL
6
co
CO
50
40
30
20
10
0
I
Q1 Q2 Q3 04
1988
Q1 Q2 Q3 04
1989
IV V VI VI VII IX X
REGIONS
LUST TRUST FUND COOPERATIVE
AGREEMENTS ARE RENEGOTIATED
EACH YEAR FOR EVERY STATE.
TARGET
ACTUAL
UST-2
-89-
-------
Office of Pesticides and
Toxic Substances
-91-
-------
OFFICE OF PESTICIDES AND TOXIC SUBSTANCES
SECOND QUARTER HIGHLIGHTS
o OPTS continues to exceed their target for Review of Studies by completing 424 studies against a
target of 300.
o The Pesticide Registration Application backlog decreased from 4,558 to 3,966 during this
quarter.
o FIFRA State Inspections. The states have completed over 100% of their state grant target for
inspections.
o During the second quarter, the Regions exceeded their target for TSCA new significant violators
based on FY 1989 inspections.
-93-
-------
ESTABLISHMENT AND IMPLEMENTATION OF
REGISTRATION STANDARDS (RSs)
The stages and definition for the establishment and implementation of a registration standard were
revised this year. The three stages now are as follows:
Stage 1 - Establishment of a Standard.
Stage 2 - Issuance of the Second Round Review (previously called FRSTR).
Stage 3 - Generic Closure.
o Fourteen RSs are in Stage 1 against a target of seven. All 14 RSs entered Stage 1 during first
quarter.
o Three RSs are in Stage 2 against a target of four. One RS entered Stage 2 during second
quarter.
o No RSs are in Stage 3 so far this year, against a target of one.
-------
ESTABLISHMENT AND IMPLEMENTATION OF REGISTRATION
STANDARDS - NUMBER OF STANDARDS
As of March 31, 1989
20
15 -
I
§
10
& 5 -
LEGEND
TARGET
ACTUAL
STAGE 1 - ESTABLISH REGISTRATION STANDARD
STAGE 2 « COMPLETE SECOND ROUND REVEWS
STAGE 3 - GENERIC CLOSURES COMPLETED
P-1
-95-
-------
PESTICIDES SPECIAL REVIEWS
i
o OPTS has completed five special reviews this year against a target of six. Three special reviews
were completed during second quarter against a target of four. (P-2)
REVIEW TYPE OF DECISION
Linuron PD-2 (Decision to cancel or suspend process)
Chlordimeform Final decision not to initiate special review
Captan PD-4 (Final decision)
PESTICIDES REVIEW OF STUDIES COMPLETED
o A "Review of Study" is initiated by either a registration standard, a data call-in letter, or a
6(a)(2) adverse effects notification. It is considered complete when each study received has
been analyzed and a written review is prepared. (P-3)
OPTS has completed 424 reviews of studies during FY 1989, exceeding their target of 300.
During the second quarter, 197 reviews were completed against a second quarter target of
160.
-------
PESTICIDE REVIEWS
As of March 31, 1989
15
PESTICIDE SPECIAL REVIEW DECISIONS
CUMULATIVE NUMBER COMPLETED
I 10
O
CO
oc
<
1
QUARTERS
0
0
600
500 -
400
300 -
200 -
100 -
LEGEND
0 TARGET
-•- ACTUAL
PESTICIDE REVIEW OF STUDIES
CUMULATIVE NUMBER COMPLETED
QUARTERS
P-2.3
-97-
-------
PESTICIDE REGISTRATION APPLICATIONS
o OPTS has exceeded targets for three categories and missed the target for one category through
the end of second quarter.
New Uses - 25 final decisions have been made against a target of 35. Twenty of these were
made during second quarter.
New Active Ingredients - Seven final decisions have been made against a target of five. Six
were made during second quarter.
Amended Registrations - 1,906 final decisions have been made against a target of 1,335.
1,102 were made during second quarter.
Old Chemicals - 993 final decisions have been made against a target of 710. 604 were
made during second quarter.
o The pesticide registration application backlog for all categories decreased from 4,558 to 3,966.
Decreases for each category were:
New Active Ingredients from 12 to 4
New Uses from 84 to 60
Amended Registrations from 2,698 to 2,505
Old Chemicals from 1,764 to 1,397
-------
PESTICIDE REGISTRATION APPLICATIONS
NUMBER OF FINAL DECISIONS
As of March 31, 1989
2000
1500
1000
500
ACTIVE NGREDENT NEW USES
LEGEND
AMENDED
REGISTRATION
OLD
CHEMCALS
OVERDUE ACTIONS
5000
3750
2600
1250
P-4
'/A TARGET
• ACTUAL
1234
QUARTERS
-99-
-------
EMERGENCY EXEMPTIONS FOR PESTICIDES
An emergency exemption is granted by a Federal or state agency if EPA determines that emergency
conditions exist (e.g., pest outbreak is identified and no effective pesticide is registered for a
particular use).
o This fiscal year 93 final decisions have been made against a target of 100. Of these, 84
exemptions were issued and nine were denied. Eight actions were overdue at the end of second
quarter.
o Final decisions were made on 71 emergency exemption applications against a second quarter
target of 70. Of these, 63 exemptions were issued and eight were denied.
PESTICIDE TOLERANCE PETITIONS
A tolerance petition decision applies to all requests for tolerance levels and exemptions from
requirement of a tolerance level for pesticide residues in or on raw agricultural commodities,
processed foods and minor uses.
o This fiscal year 29 final decisions have been made against a target of 40. 80 actions are
currently overdue compared to 68 overdue at the end of first quarter.
o Final decisions were made on 13 tolerance petitions during the second quarter against a target
of 20.
-------
JOINT EPA/USDA REVIEW OF TRAINING PROGRAM FOR PRIVATE
APPLICATORS
The Regional Offices are to complete a joint EPA/USDA review of private applicator training
programs for each state according to established evaluation guidelines.
o Only three Regions had commitments through the first two quarters of this year.
Region I met its commitment of two during the first quarter by completing reviews for
Rhode Island and New Hampshire.
Region VII met its first quarter commitment of three during the second quarter. Reviews
were completed for Iowa, Kansas and Missouri.
Region VIII exceeded their second quarter commitment for two by completing reviews for
Wyoming, Montana and North Dakota. Montana was completed ahead of the fourth
quarter commitment.
-101-
-------
TSCA NEW CHEMICAL REVIEWS
o Valid New Chemical Notices - 657 new chemical notices have been received this year. Of these,
510 are PMNs including five biotechnology PMNs. 147 were valid exemption notices (i.e.,
polymer exemptions, low volume exemptions, and test market exemption applications).
During the second quarter, 379 valid new chemical notices were received. Of these, 321
were premanufacture notices (PMNs) including three biotechnology PMNs. Fifty-eight were
valid exemption notices (i.e., polymer exemptions, low volume exemptions, and test market
exemption applications).
o Control Actions - 76 control actions (action taken on new chemicals which pose a threat to
public health or the environment) have been taken this year. OPTS expects to take 140 actions
by the end of the year. Forty-eight were PMNs which were withdrawn in face of regulatory
action, 22 were PMNs with consent orders issued, and six were exemptions which were
withdrawn in the face of regulatory action.
During the second quarter, 49 control actions were taken on new chemicals. Of these, 34
were PMNs which were withdrawn in face of regulatory action, 14 were PMNs with consent
orders issued, and 1 was an exemption which was withdrawn in face of regulatory action.
o Notices of Commencement fNOC) - 574 NOCs have been received this year, including 244
during second quarter.
-103-
-------
ASHAA CLOSE-OUTS STATUS
o The Regional Offices are to conduct close-out site evaluation inspections of all outstanding
ASHAA awarded projects (i.e., all projects awarded ASHAA loan and grant money during
FY 86, 87 or 88) by confirming that abatement assistance was actually disbursed to designated
school projects and that abatement work was accomplished.
EOY CLOSE-OUTS
REGION TARGET COMPLETED
I 246 83
II 17 11
III 15 1
IV 42 24
V 128 8
VI 72 7
VII 18 18
VIII 8 1
IX 26 3
X 18 15
TOTAL 590 171
o The Regional Offices conducted 53 close-outs during second quarter. The majority of the
close-outs typically occur during summer months (when schools are closed). OPTS expects a
significant increase in close-outs during third quarter.
There were 22 status reports submitted during second quarter. Status reports are submitted on
projects not expected to be completed during FY 89 and have been granted an extension.
-------
AHERA LOCAL EDUCATION AGENCIES (LEX) INSPECTION AND
EXCEPTION REPORTS
This measure identifies completed technical assistance efforts for LEAs with approved deadline
deferrals and includes those LEAs with unfunded priority ASHAA projects. Regional staff (or
AARPs) contact or visit LEAs which have filed for the May 9, 1989, deferral.
o The Regions have completed 1,266 LEA inspections with deferrals thus far, 107 of which were
ASHAA unfunded.
o Exception reports will be reported on in third and fourth quarters for LEAs not completing
AHERA inspections by May 9, 1989.
ASBESTOS STATE ACCREDITATION PROGRAMS
This measure identifies the number of approved Asbestos State Accreditation Programs and provides
a progress report for states with no approved programs as well as the number of programs reviewed
and audited.
o The Regions report five states have approved complete programs and five states with approved
partial programs. This makes a total of 10 states with either approved complete or partial
programs out of a universe of 55.
o Progress reports for states that do not have fully approved accreditation programs have been
submitted by all Regions with the exception of Region II.
-105-
-------
FIFRA COMPLIANCE MONITORING INSPECTIONS
AND COMPLIANCE LEVELS
(*NOTE: State data are lagged one quarter.)
o During the first quarter of FY 1989, the states completed 5,031 FIFRA use and restricted use
pesticide dealer inspections, completing 163% of their state grant targets. Based on these
inspections, the states reported taking 1,570 enforcement actions in the first quarter, representing
a violation rate of 31% for "use" inspections.
o In the second quarter, Regions VII and VIII, with non-delegated programs, completed a total of
142 use and restricted use dealer inspections, achieving 126% of their targets.
ADDRESSING FIFRA SIGNIFICANT NQNCOMPL1ANCE
o By the end of the second quarter, the Regions had referred 31 significant use violations to the
states for investigation and enforcement action. A year ago, 27 had been referred.
o The Regions also identified 84 significant violator cases for EPA action through the second
quarter.'
FIFRA ENFORCEMENT ACTION
o The Regions issued a cumulative total of 91 administrative complaints through the second quarter.
compared to 97 a year ago. No FIFRA civil or criminal cases have been referred.
-------
125
t 10°
2 5
I? 7S
so
I 2S
0
50
40
30
20
10
0
'USE' INSPECTION LEVELS
FIFRA COMPLIANCE AND ENFORCEMENT
As Of March 31, 1989
COMPLIANCE STATUS
1 IV V VI VI VIH IX X
REGIONS
REFERRALS TO STATES
1
2 3
QUARTERS
P/E-1.3.4
(16) CH ADDRESSED WITHN TIMEFRAME
(15) KS PENDING WITHN TWEFRAME
(0) ZZ ADDRESSED BEYOND TIMEFRAME
(0) "i NOT ADDRESSED BEYOND TNEFRAME
5.031 USE
INSPECTIONS
CONDUCTED
o
(31%) • VIOLATION WITH ACTION TAKEN
(69%) D NO ACTION WARRANTED OR
COMPLIANCE DETERMINATION
PENDING.
EPA CASES AND
FROM STATES
VIOLATION PENDNG CASES CASES
DETECTED ENFORCEMENT ADDRESSED CLOSED
ACTION
(84) (50) (34) (7)
-107-
-------
TSCA INSPECTIONS AND COMPLIANCE LEVELS
o The Regions and Headquarters accomplished 102% of their second quarter target for TSCA
compliance inspections by conducting 1,489 inspections versus a target of 1,461. States with
inspection grants conducted 794 inspections, or 80% of the states' second quarter target. Of the
total 2.283 inspections completed. 747 (33%) were in compliance, 1,178 (51%) were pending a
compliance determination, and 358 (16%) were in violation.
o The number of initial EPA Regional and state grant inspections conducted for PCB disposal
facilities was 29, or 94% of the second quarter target. Initial inspections conducted for
broker/storage facilities total 85, or 82% of the second quarter target*.
RESPONSE TO TSCA SIGNIFICANT NONCOMPLIANCE
o At the beginning of year, the Regions had 452 open significant noncomplier cases on the fixed
base, and by the end of the second quarter 234 (52%) had been closed. A year ago, the BOY
inventory was 686 with 388 (57%) closed by the end of the second quarter. (There is no SPMS
target for the fixed base cases.)
o In the second quarter, the Regions identified 26 new significant violators based on Pre-FY 1989
inspections, bringing the cumulative total to 236. Sixty-seven cases were issued within 180 days of
inspection. 75 beyond 180 days of inspection and 23 were closed. (There is no SPMS target for
issuing cases based on Pre-FY 1989 inspections.)
o In the second quarter, the Regions identified 18 new significant violators based on FY 1989
inspections, bringing the cumulative total to 82. All 26 cases issued were issued within 180 days of
inspection and one case was closed. The Regions surpassed their target. (The SPMS target for
cases based on FY 1989 inspections is 90% of the cases issued must be issued within 180 days of
inspections.)
*Only initial inspections are targeted.
-------
TSCA COMPLIANCE AND ENFORCEMENT
As of March 31, 1989
TSCA FEDERAL AND STATE INSPECTIONS
125
PCB INSPECTIONS
100 -
75 -
Oi
O
50 -
25 -
-
7-1
/
\
'',
\
MA
\
n
;
\
7
\
7]
I
\
7
125+ '*°
$ 100
TARGET Jfc
OCH 50
UJQC
£L<
O 25
0
-
-,
I
-
I II III IV V VI VI VII IX X
REGIONS
I£O+
TARGET
I I ffl IV V VI VI VII IX X HQ
LEGEND
SIGNIFICANT VIOLATORS FIXED BASE
500
EPA
VTA STATE eo
LEGEND
PCB DISPOSAL FACILITY
| | PCB BROKER/STORAGE FACILITY
T/E-1.3.6
2 3
QUARTERS
LEGEND
(234) l=J PRE '89 CLOSED
(218) •• OPEN MORE THAN 6 MONTHS
(0) GZ OPEN 6 MONTHS OR LESS
-109-
-------
TSCA ENFORCEMENT ACTIVITY
o By the end of the second quarter, the Regions issued 192 administrative complaints compared to
316 a year ago. During the first two quarters, the Regions referred two TSCA civil referrals. No
criminal cases have been referred.
RESPONSE TO TSCA SIGNIFICANT NONCOMPLIANCE
IN FEDERAL FACILITIES
o The Regions had a beginning-of-year inventory of eight TSCA federal facility SNC cases.
compared to six last year. At the end of the second quarter, five of these cases were
Through the second quarter, the Regions identified a cumulative total of seven new significant
violators based on FY 1989 inspections and 25 based on Pre-FY 1989 inspections.
-Ill-
-------
STATUS OF REMAINING OPTS MEASURES
Other OPTS measures with second quarter targets or reports and a status follows:
(T-3) Activities Related to Regulatory Investigations And Risk Management Actions. OPTS
reports one action was taken this year against a target of two.
(T-4) Public Access to Section 313 Toxic Release Inventory (TRI).
The TRI Reporting Package was made available during March. The package included
guidance and informational brochures. The document was also made available in Spanish.
A listing of all TRI files available through NTIS was made available during March.
OPTS provided Congressman Waxman with preliminary data he had requested on air
releases in February.
(T-8) Title III Outreach and Technical Assistance Activities continue. The regions report
continued outreach programs are ongoing with public, industry, state and local governments,
and the news media. The majority of the regions report increased public outreach
programs.
(T-9) Number of AHERA Courses Reviewed and Audited. The regions continue to review and
approve asbestos programs (courses) designed to accredit personnel under AHERA.
Quality assurances audits have been conducted in Regions VI, VII, VIII, and X.
-------
8
7
6
5
4
3
2
1
0
REGULATORY INVESTIGATIONS AND RISK MANAGEMENT ACTIONS
(CUMULATIVE)
As Of March 31. 1989
-e '
©"
T-3
QUARTERS
LEGEND
0 TARGET
ACTUAL
~0
0 '
-113-
-------
0 0
n n
A a
o
S
-------
Office of Enforcement and
Compliance Monitoring
-115-
-------
PROPOSED CONSENT DECREE REVIEW TIME
o OECM has reviewed and forwarded 60 consent decrees to DOJ during the first and second
quarters.
o The average review time for the quarter was 18 days, meeting the 35-day target. The review
times ranged from one to 62 days.
CIVIL REFERRAL ACTIVITY
o For the first two quarters, the Regions have referred 12 new civil cases to HQs and 109 direct
referrals to DOJ for a total of 121; this compares with 111 a year ago.
o There have been 29 new pre-referral negotiation cases opened through the second quarter.
o There have been six consent decree enforcement cases referred through the second quarter,
including five in Region II.
-117-
-------
FOLLOW-THROUGH ON ACTIVE CIVIL CASE DOCKET
o There were 773 active civil cases pending as of 10/1/88, compared to 673 cases on 10/1/87.
There were 783 active cases at the end of the second quarter (182 (23%) of these cases have
been ongoing for more than two years since being filed). Twenty-seven (3%) of these cases
were returned to the Regions and have not been re-referred.
- 176 (22%) were pending at the DOJ.
- 15 (2%) had been withdrawn by EPA or declined by DOJ.
- 474 (60%) were filed in U.S. Court.
- 91 (12%) had been concluded after filing.
o There have been 147 new civil cases referred to DOJ through the second quarter, compared to
124 a year ago. At the close of the quarter:
- 128 (87%) were pending at the DOJ.
1 (1%) was concluded before filing.
- 14 (9%) had been filed in U.S. Court.
4 (3%) had been concluded after filing.
o . The total number of active cases (including fixed and dynamic) was 819.
-------
FOLLOW-THROUGH ON ACTIVE CIVIL CASE DOCKET
As of March 31, 1989
CIVIL CASE DOCKET
800
600
400
200
NEW FY 1989
REFERRALS TO DOJ
150
100
50
I - 1
2344
QUARTERS
LEGEND
CASES PENDNG AT DOJ
CASES WITHDRAWN/DECLINED
CASES RETURNED BY DOJ FOR PRE-FLNG NEGOTIATIONS
CASES FLED IN COURT
CASES CONCLUDED
147 REFERRALS (CUMULATIVE)
E/C-4.5
-119-
-------
CONSENT DECREE TRACKING
o At the end of the second quarter the Regions report that there are 513 active consent decrees
compared to 394 a year ago. (Note; current universe does not include Region I data which
were not available for this report.)
o Consent decree compliance for the quarter was 80%, an increase from 76% over the past two
years.
Of the 102 consent decrees in violation:
48 (47%) had a contempt action, a decree modification referred, or a stipulated penalty
collected.
32 (31%) had formal enforcement action planned but not commenced.
22 (22%) had no formal enforcement action planned.
-------
EPA CONSENT DECREE TRACKING
As Of March 31, 1989
NATIONAL
550
500
450
400
8 35°
Jk 30°
250
200
150
100
50
0
1234
QUARTERS
E/C-1
YZA NCOMPUANCE WITH THE TERMS OF THE DRECEE
KX3 N VIOLATION WITH R)AM/l. ENFORCEMENT ACTION NTIATED
•• N VIOLATION WITH FORMAL ETFORCEMENT ACTION PLAMCD BUT UNCOMvENCS)
I I NVKXATIONWnH NO FORMAL EhFORCEIyOIT ACTION PLAMCD AT THS TME
-121
-------
CRIMINAL REFERRAL ACTIVITY
o There were 57 new criminal investigations opened during the first and second quarters of
FY 1989 compared to 27 a year ago. Thirteen investigations were closed prior to referral to the
Office of Criminal Enforcement. There were 161 open investigations at the end of the quarter.
o This year the Regions have referred 30 new cases to HQs and 26 cases have been referred to
1 DOJ. A year ago the Regions referred 23 cases to HQs, and 20 cases were referred to DOJ.
-123-
-------
FOLLOW-THROUGH ON ACTIVE CRIMINAL CASE DOCKET
o There were 97 criminal cases pending at DOJ or filed in court as of 10/1/88, compared to 67 a
year ago. At the close of the second quarter:
- 21 (22%) were under review by DOJ.
28 (29%) were under grand jury investigation.
- 22 (23%) had charges filed.
17 (17%) had been closed following prosecution.
9 (9%) had been closed without prosecution.
o There were 26 new criminal cases referred to DOJ during the first and second quarters
compared to 20 a year ago. At the close of the quarter:
17 (65%) were under review by DOJ.
7 (27%) were under grand jury investigation.
- 2 (8%) had charges filed.
o The total number of active cases remaining was 97 compared to 81 last year.
-------
o
100
75
50
25
FOLLOW-THROUGH ON ACTIVE CRIMINAL CASE DOCKET
As of March 31, 1989
CFflMWAL REFERRALS PENDMG
2 3
QUARTERS
STATUS OF NEW
FY 1989 REFERRALS
30
25
20
15
10
1234
QUARTERS
CUMULATIVE * OF NEW REFERRALS
26
E/C-7.8
LEGEND
IZI2 TO DOJ BY OECM
UNDER REVEW AT DOJ
UNDER GRAND JURY INVESTIGATION
WITH CHARGES FLED
CLOSED FOLLOWING PROSECUTION
CLOSED BY DOJ WITHOUT PROSECUTION
-125-
-------
NUMBER OF NEW REFERRALS TO EPA-OCEC
CUMULATIVE THROUGH FY 1989
(SECOND QUARTER)
REGION
REGION I
REGION II
REGION III
REGION IV
REGION V
REGION VI
REGION VII
REGION VIII
REGION IX
REGION X
NEIC
RCRA
1
6
3
2
1
1
AIR
2
1
1
1
WATER FIFRA TSCA
3
1
,
1
2
2
2
CERCLA TOTAL
3
2
3
7
4
2
4
0
3
2
0
TOTAL
14
11
0
0
0
30
-------
SJ
2 *
i!
8 H.
a v
gq
s *
-------
Office of Administration and
Resources Management
-127-
-------
PERSONNEL SERVICES
o OARM processed a total of 2,333 personnel actions. Of these, 2,259 were processed on time.
Internal Actions
299 of 322 were processed on time. OARM reports that of the 23 not processed within the
standard, six delays were attributed to program offices, 14 to OARM, two to OPM, and one
to other, e.g., awaiting security clearance.
External Recruitment Actions
70 of 72 were processed within the standard. OARM and the program office were each
responsible for one delay.
Non-competitive Actions
999 of 1,025 were processed on time. The 26 delays were attributed to OARM.
Administrative Actions
891 of 914 were processed on time.
Awards
All award actions (375) were processed on time.
-129-
-------
GRANTS SERVICE ACTIONS
o 528 grant service actions were processed or awarded during the second quarter. Of these, 495
were processed on time.
Grants and Cooperative Agreements
278 of 306 were processed on time.
Intcragency Agreements
All interagency agreements (176) were processed on time.
Determinations for Requests for Deviation from Regulatory Requirements
10 of 15 were processed on time.
Determination in Suspension/Debarment Cases
All suspension/debarment cases (31) were processed on time.
-------
PROCUREMENT SERVICE STANDARDS
o Major Negotiated Procurements
During the second quarter OARM awarded 59 new competitive, new sole source, and new
advertised contracts. Twenty-seven of these were awarded on time.
New Competitive Contracts
22 of 31 were awarded on schedule.
New Sole Source Contracts
5 of 8 were awarded on schedule.
New Advertised Contracts
None of the 20 new advertised contracts were awarded on schedule. All of these delays
were attributed to EPA program offices and offices external to EPA .
o Purchase Orders
2,320 of 3,513 competitive and sole source purchase orders were issued on schedule this
quarter.
-131-
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HEADQUARTERS RESOURCES UTILIZATION
o In the second quarter, both S&E and Superfund FTE usage, 48.6% and 48.9% respectively,
were slightly below target.
o Both the S&E and Superfund travel utilization, 49.5% and 49.6% respectively, were essentially
at the targeted level of 50.0%.
o Overall dollar utilization rates were within target levels at Headquarters for the second quarter
of FY 1989.
S&E dollar expenditures were 88.5%.
Superfund usage was 79.5%
AC&C dollar usage increased from 36.7% in the first quarter to 53.6% in the second
quarter.
R&D dollar expenditures were 79.5%
B&F dollar usage was the lowest at 17.0%
LUST dollar expenditures increased dramatically from 15.6% in the first quarter to 54.9%
in the second quarter.
-------
HEADQUARTERS RESOURCE UTILIZATION
(SECOND QUARTER = 50.0% OF YEAR)
50.0%
$330.5
($ IN MILLIONS)
$333.0
YEAR
48. B*
48.9*
-- 4&b% --
i
S&E SF S&E SF
FTE TRAVEL
USE USE
OP PLAN
ACTUALS
$2.8
S&E SF AC&C RAD B&F LUST
DOLLAR UTILIZATION
AS COMPARED TO
QUARTERLY PLANS
-133-
-------
REGIONAL RESOURCE UTILIZATION
o During the second quarter, S&E and Superfund FTE were at consistent levels with that of
Headquarters.
- S&E FTE utilization was 48.9%
Superfund FTE use was slightly lower at 47.6%
o Similar to Headquarters, both S&E and Superfund travel usage, 49.3% and 47.1% respectively,
were within targeted levels
o Regional dollar utilization was within targeted levels
S&E dollar utilization was close to plan at 93.9%
- The Regional Superfund utilization rate was low at 45.2%
- AC&C dollar utilization was 79.4%
- LUST dollar expenditures were 79.8%
-------
REGIONS RESOURCE UTILIZATION
(SECOND QUARTER = 50.0% OF YEAR)
50.0*
Qp . .„__
YEAR
48.9%
47.M
W..nk -
47.1%
S&E SF S&E SF
FTE TRAVEL
USE USE
($ IN MILLIONS)
$SB&O
$o
OP PLAN
ACTUALS
$31.2
S&E SF AC&C RAD B&F LUST
DOLLAR UTILIZATION
AS COMPARED TO
QUARTERLY PLANS
-135-
-------
si
CL o
g 3
H" p
* .
-------
Office of Policy,
Planning, and Evaluation
-137-
-------
RED BORDER REVIEW
o OPPE is completing Red Border in a timely fashion. In second quarter, 35 of 36 documents
were reviewed within the 4-week deadline.
29 of these were reviewed within the three-week review period;
6 of these were completed within the four-week deadline; and
1 was not completed within the four week review period.
-139-
-------
Office of External Affairs
-141-
-------
FEDERAL FACILITY VIOLATION RATES
o In the first quarter of FY 1989, 282 inspections of federal facilities were conducted. Violations
were found in 68 of the inspections. The first quarter rate for violations was 24%.
For the Air media, five violations were detected in 56 inspections for a 9% rate.
For NPDES, nine violations were detected in 85 inspections for an 11% rate.
For RCRA, 41 violations were detected in 103 inspections for a 40% rate.
For TSCA, 11 violations were detected in 17 inspections for a 65% rate.
For SDWA, one violation was detected in 13 inspections for an 8% rate.
For Multi-Media, one violation was detected in eight inspections for a 13% rate.
o In the first quarter, 91 enforcement actions were taken against previous violations.
-------
100
90
80
70
60
50
40
30
20
10
0
FEDERAL FACILITIES VIOLATION RATE
BASED ON INSPECTIONS
As of December 31,1988
AR NPDES DW RCRA TSCA MULT1 OVERALL
56 85 13 103 17 8 282
NUMBER OF INSPECTIONS
OEA-1/4E
% NOT IN VIOLATION
% IN VIOLATION
-143-
-------
RESPONSE TO SIGNIFICANT FEDERAL FACILITY
NONCOMPL1ANCE
o OAR identified 11 federal facilities at the beginning of the year (BOY) as significant violators.
and four have been addressed through the second quarter.
o OW identified 14 federal facilities on the exceptions list that were carried over from the previous
quarter. None were returned to compliance and five had an enforcement action initiated. The
remaining nine, plus one new significant violator on the exceptions report, constitute the pending
balance of 10 facilities.
o OPTS identified eight federal facilities in SNC at the BOY. Through the second quarter, five
cases were closed. The remaining three were opened more than six months.
o OSWER compliance snapshot in the first quarter shows 44 federally owned or operated TSDFs in
SNC. Of these facilities. 40 have one or more formal enforcement actions.
-------
8
6
4
2
0
RESPONSE TO SIGNIFICANT FEDERAL FACILITY NONCOMPLIANCE
As Of March 31, 1989
WATER EXCEPTIONS REPORT
AIR FIXED BASE
BOY
1 2 3
ED ADDRESSED
PENDING
TSCA FIXED BASE
OEA-SNC1
SMC 1 2 3
m OPEN 6 MONTHS OR LESS
E3 OPEN MORE THAN 6 MONTHS
• PRE '89 CLOSED
16
12
8
4
50
40
30
20
10
0
SMC ENFORMCa/ENT RETURNED TO FBCNQ
ACTION COMPLIANCE
I I SNC 2 CONSECUTIVE QUARTERS
• SNC FOR MORE THAN 2 QUARTERS
RCRA COMPLIANCE SNAPSHOT
1
E2 SNC/ADDRESSED/END OF QUARTER
• SNCAJNADDRESSED/END OF QUARTER
-145-
-------
Office of General Counsel
-147-
-------
RED BORDER REVIEW DEADLINES
o OGC received 66 Red Border documents for review during the first and second quarters of
FY 1989. Thirty-four documents were received for review during the second quarter.
o The cumulative total of completed reviews for the quarter was 34 (100%). At the close of the
quarter:
31 (91%) reviews within three weeks, compared to a target of 80%.
3 (9%) reviews within four weeks, compared to a target of 100%.
STATE DELEGATION AGREEMENT REVIEW DEADLINE
o OGC received two applications for review during the first and second quarters and concurred
within the 15-day target.
-------
25
20
15
10
OGC REVIEW OF RED BORDER PACKAGES
As of March 31,1989
1
OAR OARM OSWER
PROGRAMS
OPTS
OW
70
60
50
40
30
20
10
0
PROGRAM SUMMARY
1234
QUARTERS
G/C-2
LEGEND
INCOMPLETE AFTER 4 WEEKS
COMPLETED WTTHN 4
COMPLETED WITHN 3
-149-
-------
4
f
------- |