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

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                              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

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                                                                 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-

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 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 Oaa 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: 4.140TSPSoucahGpl&l Areaa
      LQM)
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.

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  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-

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                           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-

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                                   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-

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   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-

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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-

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     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-

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                            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-

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                            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-

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                           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-

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      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-

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                  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-

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                          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-

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 a

If
ta
a

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Office of Solid Waste and
Emergency Response
       -55-

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           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






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-















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1

1 .''"X
' / 
             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 lAO WITHOUT
  TRUST FUND MONEY
i STATE LEAD WITH
  THUBT FVM> MONEY
C3RE8P PARTY lAD
                                                                        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
IO+
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-

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                            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.

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                     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.

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         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-

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                      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%

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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-

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si
CL o
g 3

H" p
* .

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Office of Policy,
Planning, and Evaluation
        -137-

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                              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-

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Office of External Affairs
       -141-

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                      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.

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       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-

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                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.

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          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-

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Office of General Counsel
        -147-

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                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.

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    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-

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