EPA 100 / 1982.2 1989 3rd United States Office of June 1989 Environmental Protection The Administrator Agency Washington DC 20460 100R89104 &EPA Strategic Planning and .. , ^ , HEADQUARTERS LIBRARY Management System ENVIRONMENTAL PROTECTION AGENCY WASHINGTON, D.C. 20*60 Third Quarter FY 1989 Report ------- 4 U.S. ENVIRONMENTAL PROTECTION AGENCY STRATEGIC PLANNING AND MANAGEMENT SYSTEM THIRD QUARTER 1989 REPORT ) PREFACE r 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. ~ HEADQUARTERS LIBRARY ------- HEADQUARTERS LIBRARY ENVIRONMENTAL PROTECTION AGENCY WASHINGTON, D.C. 20460 TABLE OF CONTENTS SEP 6 OFFICE PAGE OFFICE OF AIR AND RADIATION 1 OFFICE OF WATER 19 OFFICE OF SOLID WASTE AND EMERGENCY RESPONSE 57 OFFICE OF PESTICIDES AND TOXICS SUBSTANCES 97 OFFICE OF ENFORCEMENT AND COMPLIANCE MONITORING 123 OFFICE OF ADMINISTRATION AND RESOURCES MANAGEMENT 135 OFFICE OF POLICY, PLANNING AND EVALUATION 145 OFFICE OF EXTERNAL AFFAIRS 149 OFFICE OF GENERAL COUNSEL 155 ------- Office of Air and Radiation ------- OFFICE OF AIR AND RADIATION THIRD QUARTER HIGHLIGHTS o Six (three primary and three secondary areas) Total Suspended Particulates (TSP) non-attainment areas were redesignated to attainment in Region V. This redesignation from nonattainment to attainment was allowable because the request for redesignating these areas was published prior to the promulgation of standards for Paniculate Matter smaller than 10 microns (PM10). o Regions exceeded their targets for States to correct deficiencies in Ozone/CO State Implementation Plans (SIPs). Two CO nonattainment areas were redesignated to attainment and one Ozone nonattainment area was redesignated to attainment this quarter. o Regions have surpassed their targets for receiving revised Multi-Year Development Plans (MYDPs), including five Regions which have already met their fourth quarter goals. o Eight states plus Indian lands in Regions VI and VII concluded the FY 1989 State/EPA Radon Survey this quarter. The majority of these states have also placed alpha track detectors and seasonal charcoal canisters to conduct long-term follow-up measurements. The results are being analyzed and will be announced by the Administrator in September. o The air program is ahead of schedule for meeting inspection and significant violator commitments. ------- OZONE/CARBON MONOXIDE SIP REMEDIES o Through the end of the third quarter, a total of 50 final rules to correct deficiencies in Ozone/ CO State Implementation Plans (SIPs) were received against a target of 46. The bulk of this activity takes place in the fourth quarter. By the end of the year, EPA expects to have received corrections to 336 SIP regulations. Three Regions (II, IV, and V) exceeded targets and two Regions did not meet their targets for final submittals for deficient regulations. Three Regions (II, V, and VI) surpassed their targets for receiving submittals for missing regulations. VOLATILE ORGANIC COMPOUNDS (VQQ ENFORCEMENT o Compliance Rates - There are 4,861 Class A SIP and NSPS VOC sources in ozone nonattainment areas. OAR reports that 688 sources (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 194% of their cumulative second 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 commenced remedial action prior to BOY. Of the 190 remaining significant violators, 142 are scheduled to be addressed this year. The program exceeded its cumulative third quarter target of 98 by addressing 111 violators. In addition, 61 of the 155 new significant violators identified through the third quarter have been addressed. ------- 300 250 200 150 100 50 0 OZONE/CO SIP REMEDIES AND VOC ENFORCEMENT As of June 30, 1989 OZONE/CO SIPs FINAL STATE SUBMITTALS /u 60 60 40 30 20 10 x\ _ ^ s 191 Js^ ':; ^ ^ $ ^ ^ | ^ ^ 1 ri $ £< ^ I n^ ^ \ ^ *£ 8- | u I H II IV V VI VH VIII REGIONS I 1 1 ra *£ ? 1 CD <>xx <*x9 IX X Q3 PERFORMANCE Q4 TARGET VOC SIGNFICANT VIOLATORS INSPECTIONS (EPA & States) (Second Quarter FY 1989) 2 3 QUARTERS Diverse: 4.861 Class A VOC Sources OAR-18. 108 to 119 LEGEND CUD N COMPLIANCE (67) EZB ON SCHEDULE (26) ENF. ACTION (118) PENDiNQ(79) 111 IV V VI VII VII IX X REGIONS Reporting on Inspections is lagged one quarter. ------- PARTICULATES o This quarter, six (three primary and three secondary) Total Suspended Particulate (TSP) non- attainment areas were redesignated to attainment. Currently there remain 127 TSP primary nonattainr;ent areas and 180 TSP secondary nonattainment areas nationally. o Collectively Regions exceeded their third quarter targets for completing PMj0 control strategy demonstrations (documentation that a control strategy for a nonattainment area should meet attainment); 11 were completed (157% of those targeted). Region IX is pursuing a Regional Initiative using selective interim control measures contained in EPA's "Controls for Open Fugitive Dust Sources" in lieu of measures from the Phase 1 SIP SPMS commitments. Six out of seven interim control measures targeted were completed. The seventh agency has decided to pursue final rules. The Region has not yet given its approval. o Regions had five SIPs enter 5/2-5/2 review (i.e., the start of Regional/Headquarters review of Group I SIPs being prepared for proposed action in the FR), exceeding their target of three. PARTICULATES ENFORCEMENT o Compliance Rates and Inspections - There are 4,140 major particulates sources in Group I and II areas, of which 223 (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 160% of their cumulative second 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 commenced remedial action prior to BOY. Of the 105 remaining significant violators, 76 are scheduled to be addressed this year. The program exceeded its cumulative third quarter commitment of 46 by addressing 56 violators. Twenty-five of the 60 violators newly identified through the third quarter have also been addressed. ------- PARTICULATES SIP DEVELOPMENT AND ENFORCEMENT As of June 30, 1989 CONTROL STRATEGY DEMONSTRATIONS u 8 6 4 2 0 - - r- 7 ) s s n c < < < ( £ > > > I > ) > K K X X K X X X K * K X X * << U III IV V VI VI VBI IX X REGIONS * ADDRESSING SIGNIFICANT VIOLATORS 150 100 BOY OAR-51.55.121-132 1 2 3 QUARTER SPs ENTERWQ 5/2 - 5/2 10 8 I I Q3 TARGET 6 I Q3 PERFORMANCE ES9 Q4 TARGET * REGIONAL NTIATIVE 0 125 100 75 50 - N COMPLIANCE (35) 2g ON SCHEDULE (16) ENF. ACTION (32) ° PENDING (49) I I IV V VI VI VII IX X REGIONS INSPECTIONS (EPA & States) (Second Quarter FY 1989) IV V VI VI VB IX X REGIONS ------- SULFUR DIOXIDE ENFORCEMENT o Compliance Rates - There are 251 sulfur dioxide (SO2) sources in SO2 nonattainment areas, of which 32 (13%) 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 347% of their cumulative second 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 commenced remedial action prior to BOY. Of the 42 remaining significant violators, 19 are scheduled to be addressed this year. Ten violators were targeted for action through the third quarter and nine have been addressed. Twenty-three new SO2 significant violators have been identified and two have been addressed. The SO2 Non-Enforcement Program does not report items for the Third Quarter. ------- SULFUR DIOXIDE SIP ENFORCEMENT As of June 30, 1989 S02 SIGNFICANT VIOLATORS 60 40 20 0 BOY 1 QUARTER Universe: 251 SO2 Sources h N/A Areas LEGEND CZZ) IN COMPLIANCE (4) ON SCHEDULE (3) ENF. ACTION (12) mm PENDING (33) OAR-134to145 125 100 75 50 25 NSPECT1ONS (EPA & States) (First Quarter FY 1989) I I I IV V VI VI VH IX X REGIONS Reporting on inspections Is lagged one quarter. ------- AIR TOXICS o In total, Regions exceeded their third quarter targets for receiving revised Multi-Year Development Plans (MYDPs). These plans define the state or locality's strategy for assessing and addressing air toxics problems. Forty-nine acceptable MYDPs were completed against a target of 38 (representing 129%). ENFORCEMENT OF NESHAPs o Compliance Rates - Of the 939 NESHAP (non-transitory) sources, 155 (17%) 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 167% of their cumulative second 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 third quarter commitment of 17 by addressing 22 violators. Thirty-six new NESHAP significant violators have been identified and 13 have been addressed. ------- 40 30 20 10 0 AIR TOXICS PROGRAMS AND NESHAP ENFORCEMENT As of June 30.1989 MULTI-YEAR DEVELOPMENT PLANS I I I IV NESHAP SIGMRCANT VIOLATORS V VI REGIONS VI Sal 2 3 QUARTERS BOY 1 Uhiveraa: 939 Operating Non-Tranaftory Sourcaa LEO£ND VI 125 100 75 50 25 0 IX j | Q3 TARGET Q3 PERFORMANCE 04 TARGET INSPECTIONS (EPA & States) (Second Quarter FY 1989) OAR-100.147 to 158 NCOMPUANCE(17) ON SCHEDULE (4) KX3 Of. ACT)ON(13) PENDNQ(3) I I IV V VI VI VI IX X REGIONS Reporting on tapecfana to lagged one qtuitr. -11- ------- AIR ENFORCEMENT COMBINED REPORT SIGNIFICANT VIOLATORS o There are 696 significant violators on the fixed base, of which 187 (27%) had commenced remedial action prior to BOY. Of the 509 unaddressed significant violators, 390 (77%) are scheduled to be addressed this year. The program exceeded its cumulative third quarter commitment of 257 by addressing 308 violators (120%). o One Hundred and Eighty-five significant violators are not a part of the pollutant-specific reports discussed previously. Of the 185 violators, 38 had commenced enforcement action at BOY. The program has exceeded its cumulative third quarter commitment of 86 by addressing 110. o Of the 443 new significant violators identified through the third quarter, 150 have been addressed. ENFORCEMENT ACTIONS o Forty-seven civil judicial actions have been referred to DOJ and an additional 21 Pre-Referral Negotiations cases have been initiated. The Regions have also issued 115 administrative orders. The states report the referral of 14 civil cases and issuance of 503 administrative orders. o Six Clean Air Act criminal referrals have been sent to Headquarters in FY 1989. FEDERAL FACILITIES o The air program identified 11 federal facilities as significant violators at the beginning of the year, and four have been addressed through the third quarter. ------- 800 AIR ENFORCEMENT COMBINED REPORT As of June 30, 1989 ADDRESSING SIGNFICANT VIOLATORS PENDING AS OF 10/1/88 BOY 1 2 3 QUARTERS 12 ADDRESSING FEDERAL FACUTES VIOLATORS (PENDING AS OF 10/1 /88) 8 LEGEND | | N COMPLIANCE (197) ON SCHEDULE (71) ENF. ACTION (227) 4 PENDING (201) BOY 1 2 3 QUARTERS CIVIL REFERRALS (CUMULATIVE - STATE DATA LAGGED 1 QUARTER) 80 60 40 20 2 3 QUARTERS LEGEND CHI MADE BY STATES 400 Hi MADE BY EPA 300 200 100 0 ADMINISTRATIVE ORDERS (CUMULATIVE - STATE DATA LAGGED 1 QUARTER) 700 600 500 OAR-195to199 2 3 QUARTERS ------- ASBESTOS DEMOLITION AND RENOVATION PROGRAM (NOTE: Data are lagged one quarter) o Through the second quarter of FY 1989, the EPA Regions report receipt of 7,089 notifications of asbestos demolition, and the states report receipt of 21,196 notifications. o The Regions have conducted 330 asbestos demolition and renovation inspections through the second quarter and report identification of 42 substantive violations. The states have conducted 7,321 inspections through the second quarter and report 106 substantive violations. o EPA has issued 56 administrative orders and referred 25 civil actions through the second quarter, and the states have issued 425 administrative orders and referred 20 civil cases. ------- 30000 25000 t 10000, 5000 ASBESTOS DEMOLITION AND RENOVATION As of March 31, 1989 (AU Data Lagged One Quarter) DEMOLITION AND RENOVATION ACTIVITY NOTFICATKDNS NSPECTONS VIOLATIONS LEGEND OAR-185to 198 STATES EPA 500 400 300 200 100 0 CIVIL REFERRALS ADMINISTRATIVE ORDERS ------- 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 (HEP), Radon Diagnosis and Mitigation Training Course, and the State Grants Program. TRAINING o Regions are assisting in the development of a 4-day course to be used as a training preparation for the Contractor Proficiency Examination which will combine elements of "Reducing Radon in Structures" and the House Evaluation Program. o All Regional Offices evaluated applications from colleges and universities within their Regions to host the Radon Training Centers. The Regions recommended the best application from their region to a headquarters review panel. o Two Regions presented courses this quarter; one was offered on "Reducing Radon in Structures", and two others were offered to building contractors on radon mitigation. o Region V is developing a course, "Indian Nations Radon Reduction Training" which is scheduled to be presented in September. PROBLEM ASSESSMENT o In preparation for the EPA National Residential Radon Survey, Regional offices have been contacting their states to request assistance in coordinating the survey with county health officials. o Eight states (AK, GA, I A, ME, NM, OH, VT and WV) and Indian lands in Regions VI and VII, concluded the FY 1989 State/EPA Radon Survey this quarter (24 states total to date). All states, ------- except for NM, have also placed alpha track detectors and seasonal charcoal canisters to conduct long-term follow-up measurements. The results are being analyzed and will be announced by the Administrator in September. o Six Regions initiated a yearlong measurement program in 21 schools as part of the EPA School Protocol. Currently two states require radon testing in schools. o Twenty-five 'states continue independent radon measurement activities of varying designs. PROGRAM DEVELOPMENT o Most Regions sent letters to the Governors of each state informing them of the State Grants Program and have requested each Governor to designate a lead agency for radon. o Four States enacted radon legislation and other states continue to propose radon legislation this quarter. Enacted legislation includes: regulations requiring testing for radon in schools, registration of measurement and mitigation companies, and certification of radon measurement and mitigation companies. MITIGATION o Two states in Region IV participated in the FY 1989 House Evaluation Program (HEP) this quarter bringing the total number of states participating in HEP in FY 1989 to 11. ------- Office of Water ------- OFFICE OF WATER THIRD QUARTER HIGHLIGHTS o There were mixed results in the water programs this quarter, as 11 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 24 full or partial wellhead protection programs, and met their targets for underground injection control (UIC) wells. Regions started 15 wetlands strategic initiatives and resolved 78 wetlands cases. Regions approved 55 final lists submitted by states and territories of waters where water quality standards cannot be met; and 31 states (three with second grants) received capitalization grants for State Revolving Funds (SRFs). The Regions and states met targets in resolving evidentiary hearing requests for NPDES permits, and in auditing pretreatment programs. The percentage of major municipal facilities on final effluent limits rose from 67% to 83% over the last three years, and the number of EPA AOs issued is significantly higher this year than last. o There were shortfalls in all three areas: States reported no compliance data for public water systems for the second quarter in a row, and fell behind in issuing permits for UIC wells. Regions are 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 SRFs are 91% of target (below their + or - 5% window). The Regions and states missed their targets for reissuing NPDES permits due to §304(1) ------- 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. ------- 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 Many of the states in vhich Regional initiatives are being carried out have submitted WHP programs/workplans to EPA. o Regions reported 24 Regional initiatives for assistance in developing WHP programs, exceeding their third quarter target of 22. o To date, EPA has received WHP programs/workplans from 27 states and Puerto Rico. The number of these that fulfill EPA's requirements for an official WHP program and their subsequent approval, partial approval or disapproval will be tracked in SPMS in FY 1990. ------- REGION X REGION IX o o* GW-1 WELLHEAD PROTECTION (WHP) PROGRAMS As of June 30, 1989 REOONVIII O REGION REGION I REGION I States with Regional initiatives for WHP which have submitted programs/workplans to EPA. Other States which have submitted WHP programs/workplans to EPA 16 12 Total StaUs with WHP programs/workplans submitted to EPA. Other States with Regional initiatives for WHP. Total StaUs with WHP activities. States without Regional initiatives or WHP programs/ submitted to EPA. 28 _1 36 15 ------- 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. Primary Approx Well Class Purpose Location Number I Deep Injection of Hazardous Waste Regions V,VI 550 II Oil and Gas Production Region VI 140,000 III Mineral Extraction Regions VI,VII,IX 24,000 V 30 Types including Agricultural Drainage, Sewage-related and Geothermal Reinjection Nationwide 180,000 MADE BY EPA o The Regions have committed to making 599 permit determinations for this year. o Through the third quarter, EPA completed 442 permit determinations, 101% of their target of 437. MADE BY PRIMACY STATES (Since data for primacy states are lagged one quarter, this report covers second quarter activity.) o The states have committed to making 6,539 permit determinations for this year. o Through the second quarter, the primacy states completed 3,031 permit determinations, 94% of their target of 3,217. ------- UIC CLASS I, II, III, AND V PERMIT DETERMINATIONS (NEW AND EXISTING) EPA As of June 30. 1989 1 2 3 QUARTERS Target .Actual DW-1 Rl Rl Rll RIV RV RVI RVI RVII RIX RX 0 44 18 126 152 60 0 33 4 0 0 43 5 159 139 54 0 42 0 0 PRIMACY STATES As of March 31. 1988 4 -o- TARGET -*- ACTUAL REGIONAL PERFORMANCE Those Regions showing no targets (or this measure do not have the wed classes dealt with here. or have no responsbitiea for permit determinations in the given EPA or State programs. IVAAAJ 8000 6000 4000 2000 0 O O 1 2 3 4 QUARTERS Rl Rl Rl RIV RV permit pyj RVI RVK RIX RX Ififflet 34 28 14 80 287 2.055 199 96 404 20 Actual 14 45 + 17 + 185 + 154 1.483 511 + 101 + 485 4 36 + ------- 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 third quarter, six Regions verified 1,797 MITs, 112% of their target of 1,601. VERIFIED BY THE PRIMACY STATES (Since data for primacy states are lagged one quarter, this report covers second quarter activity.) o For FY 1989, primacy states have committed to verify 28,226 MITs. o Through the second quarter, the primacy states verified 13,623 MITs, achieving 99% of their target of 13,771. ------- UIC CLASS II MECHANICAL INTEGRITY TESTS (MITs) (EXISTING) EPA As of June 30. 1989 2000 O Q1 Rl Rl RIM RIV RV RVI RVI RVItt RIX RX Q2 largit 0 100 300 426 325 150 0 300 0 0 Q3 Actual 0 255 + 405 + 443 + 251 141 0 302 + 0 0 30000 20000 10000 Q4 O TARGET -*- ACTUAL REGIONAL PERFORMANCE Those Regions showing no targets for this measure do not have Class K wels, or have no responsibilities for MITs in the given EPA or State programs. PRIMACY STATES As of March 31. 1989 Rl Rl Rll RtV RV RVI RVI RVII RIX RX / 1 Target 0 0 0 20 1J286 9.232 1.120 273 1.800 40 O O /* 234 Actual 0 0 0 17 746 8.591 2.338 * 488 + 1.345 100 + nw-2 ------- UNDERGROUND INJECTION CONTROL ENFORCEMENT SIGNIFICANT NQNCQMPLIANCE o Based on field inspections. MITs,and self -reporting^. 168 wells were identified us being in SNC (1.681 by the states and 1.487 by EPA). Last quarter there were 1.969 wells in SNC. - 2.667 (84 «2) of the wells in SNC are in Region V. ADDRESSING SIGNIFICANT NQNCOMPLIANCE o Last quarter, there were 1.336 wells listed on the exceptions report as being in SNC for two or more consecutive quarters. Of this number. 296 wells were returned to compliance and 90 received an enforcement action for a pending balance of 950 wells to be addressed. ENFORCEMENT ACTIONS o Through the third quarter. EPA has issued 94 final administrative orders and two civil judicial cases have been referred to DOJ. EPA's active UIC civil docket is 12 cases. o Through the second quarter of FY 1989. the States have issued 700 final orders. The states also referred 19 civil cases and filed one civil action and concluded one case in State courts. NOTE: State data are lagged one quarter. ------- UNDERGROUND INJECTION CONTROL RESPONSE TO SIGNIFICANT NONCOMPLIANCE EXCEPTIONS REPORT As of June 30, 1989 3000 2500 2000 1500 1000 500 SNC RETURNED TO COMPLIANCE RECEIVED ENFORCEMENT ACTION PENDMQ DW-8 ------- PUBLIC WATER SUPPLY SYSTEMS COMPLIANCE No data was reported for this measure for the second consecutive quarter. ADDRESSING PWSS SNC EXCEPTIONS REPORTING o At the beginning of the second quarter FY 1989, 701 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 76 systems had returned to compliance and only 36 were addressed by an enforcement action. The remaining 589 violators constitute the new exceptions report to be addressed. ENFORCEMENT ACTIVITY o Through the third quarter, the Regions have issued 53 administrative orders including two complaints for penalty. The EPA civil case docket currently contains 11 cases. o Through the second quarter, the states have issued 309 administrative/compliance orders and referred 55 civil cases to State Attorneys General. In addition, the states have filed 42 civil cases. Nine civil state cases were concluded. ------- PUBLIC WATER SYSTEMS RESPONSE TO SNC EXCEPTIONS REPORT As of June 30, 1988 MICRO/TURBIDITY CHEMCAL/RAD 600 500 400 300 200 100 600 500 400 300 200 100 SNC RETURN TO ENF. PENDNG COMPL. ACTIONS SNC RETURN TO ENF. PENDING COMPL. ACTIONS DW/E-3 ------- 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. ------- OCEAN DUMPING EPA is responsible for the designation and maintenance of ocean dumping sites, most of which are used by the Corps of Engineers (COE) to dispose of dredged material. The site designation and maintenance process, shown below, takes two to three years to complete through the final action stage. This process includes an assessment (EIS) of the effects ocean dumping would have on the local marine environment to determine if ocean dumping is the preferred disposal option. Under a 1987 Agreement with COE, EPA plans to take final action on all existing proposed sites by 1991. o Final actions tracked here are defined as proposed dredged material sites approved or disapproved for designation and previously designated dredged material sites cancelled (i.e., de- designated) or allowed to expire. o o FINAL ENVIRONMENTAL IMPACT STATEMENT ISSUANCE The Regions have committed to issuing nine final EISs in FY 1989, seven by the end of the third quarter. Regions VI and IX issued five final EISs through the third quarter. FINAL ACTIONS In FY 1989 the Regions have committed to completing 18 final actions, 15 by the end of the third quarter. Regions IV and VI completed four final actions through the third quarter. Region II plans to complete eight final actions on their package of proposed sites in the fourth quarter. ------- 14 12 10 a 6 4 2 0 FNAL BS ISSUED OCEAN DUMPING As of June 30, 1989 25 20 15 10 WQ-1 LEGEND 3 TARGET ACTUAL FINAL ACTIONS * NATIONAL 200 150 100 50 PROPOSED FNAL SITES ACTIONS * DATA SOURCE NCLUDES 1989 REPORT ON OMEP ACTIVTHES AND PROGRAMS. ------- WETLANDS STRATEGIC INITIATIVES In recent years, EPA has been working to develop more comprehensive and anticipatory approaches to wetlands protection that complement 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) and usually takes 2 1/2 years to complete. o The Regions committed to starting 13 strategic initiatives during FY 1989. Through the third quarter, 10 initiatives were targeted. By the end of the quarter, 15 strategic initiatives were started: 13 major and two minor (exceeding the target of 10). 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 third quarter, EPA issued 81 wetlands administrative orders including 12 for penalties. Also, EPA has referred one civil case to DOJ. ------- WETLANDS As of June 30, 1989 20 15 z 10 - o STRATEGIC INITIATIVES STARTED WQ-2. WQ/E-1 90 60 30 - ADMINISTRATIVE ORDERS COMPLETED 2 3 QUARTERS ------- 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: evaluate surface waterbodies to determine if numeric criteria for toxic pollutants are needed to protect designated uses; submit lists of surface waterbodies where water quality cannot be attained or maintained after technology based controls for point sources are met; adopt numeric criteria (or a procedure to develop derived numeric criteria from a narrative standard) for §307(a) priority toxic pollutants for water quality standards (second and fourth quarters); and assess whether waterbodies are meeting designated uses; whether nonpoint source (NPS) pollution is causing designated uses not to be met; and report the progress made by states in implementing Best Management Practices for nonpoint source control (fourth quarter). 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 for POTWs where needed. ------- MUNICIPAL POLLUTION CONTROL PROCESS Congress appropriates Monies lor FY 1989 | Construction Grants Fund (50%) | 1 State Revolving Loans Fund (50%) Legend: Tracked in SPMS j } Obligations lor CGs and SRFs | 1 v Obligations for Construction Grants (POTWs) I Obligations lor I Capitalization Grants (SRFs) Net Outlays (90%) lor Construction Grants Net Outlays (10%)] from Slate Revolving Funds f Waler Projects j I Engi Engineering Design (1-2 years) ( iX. Construction (3-5 years) f Ini Initiate Operation (12 months) X 1 f Administrative Completion (0 months) j £_ T'Audit (up lo 3 ^\ ^^Audil Resolution and 1 years lo decide)! ^Ctoseout (6 months) ) t f Operation & Maintenance (ongoing...) J NPDES PERMITTING AND ENFORCEMENT PROCESS Effluent Guidelines lor Industries Water Quality Standards Waste Load Allocations/Total Maximum Daily Limits Water Quality Based Assessments lor Toxics A Draft I Final Permit I Permll S * Evidentiary Hearing Prelrealment POTWs Programs ^Audited Inspected Facility Inspected Discharge Monitoring Reports (Monthly) Mn Compliance Not In Compliance Prelreatment N J / I Comp§anc« Formal Enlor cement Action Administraliva Order /AdministralivaN \Order _ J /'AdmlnlsUativaN XPenallyprder/ f No Action \- Returned lo Compliance Exceptions List (In SNC lor 2 or more Quarters) ------- SURFACE WATER QUALITY PROGRAMS STATE WATERBODIES EVALUATED o States were to evaluate waterbodies to determine if numeric criteria for toxic pollutants are needed to protect designated water uses. In FY 1989, states in all 10 Regions committed to evaluate 1,858 waters, some of which may be on the final §304(1) lists below. Through the third quarter, states in seven Regions have evaluated 1,327 waters, against a target of 374 waters. 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 after technology based controls for point sources are met. Regions were to approve or disapprove of these lists by June 4, 1989. To date, 55 states and territories submitted final lists of waters, and sources and amounts of pollutants discharged. Through public notice, Regions proposed adding waters and point sources to the lists, and approved them. - Nationally, the long lists (water quality not attained/maintained) comprised about 17,000 waters; the short lists (water quality standards not achieved) about 600 waters; and the point sources lists (discharging §307(a) priority pollutants into these waters) about 900 facilities. ' "N dta* WMM« Evaluated to Determine if Numeric Criteria afe Needed lor 8.307-- V ) Legend 1 Tracked ] | toSPMS 1 -> / X Slates Adopting Numeric Crileria fnr ^ in?fal Priority Pollutants Human Health Aquatic Lite ^. i Kno a 4ln OlrS.) f - State Lists of Waters where Water Quality cannot be Attained after Technology Based Controls foi Point Sources are Met (1 nnrt ~\ Long y C*\ Short y. /_ *» ^ - ^- f Bog tonal Acttorx on State Lists < Water* (^ Review + (Additions^ 1 _T_... [^ Approval ^ v >l ) f V / f \ ICS Developed ^ on Point Sources ------- SURFACE WATER QUALITY PROGRAMS As of June 30, 1989 STATE WATERBODES EVALUATED 2000 1500 < 1000 500 - SUMMARY OF S. 304(1) USTS OF WATERS IMPAIRED AND FACUTES (June 12,1989) VTA WATERWAYS WPARED FOR ANY REASON WATERWAYS SPARED BY TOXICS FROM FACUTES FACUTES W/TOXIC DISCHARGES WQ-4.5 ------- MUNICIPAL POLLUTION CONTROL PROGRAMS CUMULATIVE NET OUTLAYS FOR CONSTRUCTION GI STATE REVOLVING FUNDS o Since 1972 EPA has outlayed about $45 billion in grants to build or improve POTWs. In FY 1989, EPA continues to track cumulative net outlays for construction grants (CGs) and for the first year outlays from State Revolving Funds (SRFs). Of the total $2.58 billion projected outlays for FY 1989, about 90% will be expended for CGs, and 10% for SRFs. Through the third quarter cumulative net outlays for CGs and SRFs totaled $1.68 billion, 91% of the target (below the + or - 5% window for spending), compared to 94.7% last year and 105% in FY 1987. Regions II, IV and VIII 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 a transition from the Federal Construction Grants Program to self-sufficient SRFs. Of the 57 states and territories eligible, 40 are targeted to have established a SRF program by the end of FY 1989. Projected SRFs obligations are about $1 billion. In FY 1989, through the end of the third quarter, 31 grants totaling about $757 million were awarded. Including the eight states which received capitalization grants in FY 1988, 30 states had SRF programs established by the end of the third quarter of FY 1989. BACKLOGGED ADMINISTRATIVE COMPLETIONS o All CGs projects should be administratively completed within 12 or 18 months after initiating operations. In the past, this was not considered a high priority function and a large backlog was allowed to develop. In FY 1989, 967 projects out of a universe of 1,585 (61%) are targeted for administrative completions. About half of this universe is in Regions III, IV and V. - Through the third quarter, the Regions and states have accomplished 547 administrative completions, 80% of the 684 projects targeted. ------- MUNICIPAL POLLUTION CONTROL As of June 30, 1989 120 r CUMULATIVE NET OUTLAYS FOR CONSTRUCTION GRANTS AND STATE REVOLVING FUNDS STATES RECEIVING SRF GRANTS* I I I IV V VI VI VII IX X Nd. BACKLOGGED ADMINISTRATIVE COMPLETIONS <:uu 2 o 150 "i o £ 100 fc w 5° Si *5 2 r\ - ° I 1 1 pi 1 "i ?x i| >?i (V» itiil! 'i Ci V ,iV, r ] 1 >'! t * i 1 ' i '1 U II IV V VI UNIVERSE 107 191 230 206 302 145 .H rffl TL ,-, |I -41 ^ i Lfln . H |i : H 1 n H VH VII IX X *|_ 131 113 112 49 ST WQ-8.9.10 LEGEND CU PLANNED THS YEAR 63 NOT PLANNED THIS YEAR ED TARGETED THRU THE QUARTER B DONE THRU THE QUARTER * LEGEND IS FOR GRAPHS: STATES RECEIVING SRF GRANTS AND BACKLOGGED ADMINISTRATIVE COMPLETIONS ------- 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 686 NPDES permits (76% of 907 targeted) through the third quarter. Regions reissued 150 permits and states reissued 536 permits, both below their targets! Both Regions and states used permitting resources for satisfying CWA §304(1) requirements for lists of waters, which impeded issuing major NPDES permits. 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 third quarter, 856 major and §304(1) minor permits were reissued or modified to reflect water quality based assessments. Of these, 197 (23%) 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 this year. This quarter, Regions resolved 10 and states resolved 30 evidentiary hearings, exceeding their targets. In Region III (with 115 state cases pending), only two evidentiary hearings were resolved by states, and PA and WV are awaiting new hearing board members. ------- OC It! 80 60 40 20 0 CO 200 h- 150 100 c 50 0 NPDES PERMIT PROGRAM As of June 30, 1989 MAJOR PERMITS ISSUED EPA 400 300 200 100 0 1234 QUARTERS I N I IV V VI VI VIM IX X REGIONS MAJOR PERMITS REISSUED STATES - IOUU 1000 500 0 -ft p o 0 jS^ 1234 QUARTERS flUfL I II II IV V VI VI VIII IX X REGIONS CH TARGETED THRU THIS QUARTER BB DONE THRU THIS QUARTER WQ-11,12.13 CO DC 100 75 50 25 0 NPDES PERMITS REISSUED/MODIFIED EPA AND STATES 168 450 856 39% 23% 1234 QUARTERS WITH WQ BASED ASSESSMENTS EVDENTIARY HEARINGS RESOLVED EPA & STATES ou 40 30 20 10 0 _ tt / j/ ^-****^ C\ '" 1 2 3 QUARTERS -© TARGET -*- ACTUAL y 4 ------- PRETREATMENT PROGRAMS The Regions, and the states approved to administer the pretreatment program, together determined that 1,429 POTWs currently meet criteria for needing pretreatment programs with local effluent limits for significant industrial users. Of these, the Regions are responsible for 621 and approved states for 808. It is EPA policy that every 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 place priority on auditing 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 third quarter, 213 pretreatment audits were carried out, 111% of those scheduled. The Regions completed 99 pretreatment audits, and the states completed 114, both exceeding their targets. o The remaining 1,123 pretreatment programs not audited are to be inspected this year. Through this quarter, 623 inspections were done, 116% of those targeted. The Regions conducted 186 pretreatment program inspections (96% of their target of 192), and the states conducted 437 pretreatment program inspections (89% of their target of 489). ------- 60 50 CO 40 £30 20 10 1 PRETREATMENT PROGRAMS As of June 30, 1989 AUDITS EPA & STATES 330 220 110 1234 QUARTERS rid TARGET ACTUAL I II III IV V VI VH VII IX X REGIONS 250 200 DC < 150 100 50 INSPECTIONS EPA & STATES 1200 BOO 400 1234 QUARTERS o TARGET --ACTUAL I II IV V VI VH VII IX X REGIONS WQ-14 LEGEND TARGETED THIS QUARTER DONE THIS QUARTER ------- NPDES SIGNIFICANT NQNCOMPLIANCE o Overall, 93% of major industrials are not in Significant Noncompliance (SNC). For major industrials. 3.263 of 3.507 facilities (93%) have^achieved Final Effluent Limits (FEL). Of 3,263 facilities on FEL. 211 (6%) are in SNC. Of 244 facilities on Construction Schedules or Interim Effluent Limits (CS/IEL), 29 (12%) are in SNC. o Overall, 86% of major municipals are not in SNC. For major municipals, 3,106 (83%) of 3.733 facilities have achieved FEL. For comparison, in the third quarter of FY 1986. only 67% of major municipals had achieved FEL. Of 3,106 facilities on FEL, 336 or 11% are in SNC. Of 627 facilities on CS/IEL, 175 (28%) 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. 109 (16 EPA and 93 states) or 24% of them are in SNC with their schedules (an improvement from last quarter's 37%). o Overall. 83% of major federal facilities are not in SNC. For major federal facilities, 142 (95%) of 150 facilities have achieved FEL. Of 142 facilities on FEL. 21 (15%) are in SNC. Of the eight facilities on CS/IEL. three (38%) are in SNC. NPDES INSPECTIONS o For coverage of major NPDES facilities, the Regions and states conducted 4.878 inspections against a target of 4.680. Regions VI. VII, IX and X missed their third quarter target. ------- NPDES SIGNIFICANT NONCOMPLIANCE As of June 30, 1989 MDUSTRIAL MUNICIPAL 12 10 8 6 25 20 15 10 I I IN IV V VI VI V« IX X NAT REOONS T°TAL I 1 I IV V VI VI VI IX X NATIONAL REGIONS LEGEND % SNC CS/EL SNCFEL WQ/E-4.5 ------- RESPONSE TO SIGNIFICANT NONCOMPLIANCE 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 is at 2%. There are 49 facilities (11 industrial and 38 municipal) that have been in SNC tor a year or more without being addressed. This is a decrease from 61 last quarter and represents 30% of the exceptions report. Region II accounted for 17 (34%) of the facilities in SNC for a year or more. For major industrials, of 41 facilities from last quarter's exceptions list, 11 have returned to compliance (RTC) and 14 have enforcement actions initiated. The remaining 16 plus 23 new significant violators on the exceptions report constitute the pending balance of 39. One percent of 3,507 major industrial facilities are pending on the exceptions report. For major municipals, of 110 facilities from last quarter's exceptions list, 27 have returned to compliance and 19 have had enforcement actions initiated. The remaining 64 plus 78 new significant violators on the exceptions report constitute the pending balance of 142. Four percent of 3,733 major municipal facilities are pending on the exceptions report. o Of the nine federal facilities from the last quarter's exceptions list, none were returned to compliance and two had enforcement actions initiated. The remaining seven plus five new significant violators on the exceptions report constitute the pending balance of 12 facilities. Eight percent of all major federal facilities are pending on the exceptions report, an increase of 5% from last quarter. Six of the nine facilities have been in SNC for at least a year. ------- 15 12 9 6 RESPONSE TO SIGNIFICANT NONCOMPLIANCE EXCEPTIONS REPORT As of June 30, 1989 MAJOR INDUSTRIALS MAJOR MUNICIPALS NATIONAL NATIONAL WQ/E-6.7 35 30 25 20 15 10 5 I I II IV V VI VI VII IX X I I B IV V VI VI VII IX X REGIONS REGIONS LEGEND I I RETURNED TO COMPLIANCE Y77\ ENFORCEMENT ACTION BB UNADDRESSED ------- NPDES ENFORCEMENT ACTIVITY o Through the third quarter. EPA has issued 1.176 administrative orders (447 in the third quarter),- compared to 830 (364 in the third quarter) tor the same period last year. These orders include 74 for failure to implement a pretreatment program and 129 proposed penalty orders. Also, the states have issued 768 orders (302 in the third quarter) compared to 817 (282 in the third quarter) tor the first three quarters of last year. o Through the third quarter, the Regions have referred 47 (12 for the third quarter) civil cases to DOJ (compared to 39 tor the quarter and 64 cumulative last year) plus seven Pre-Reterral Negotiations Cases. The states have referred 291 civil cases this year compared to 426 through the third quarter last year. o The Regions have referred 18 criminal cases and the states have filed 122 criminal cases in state courts. o Nationally, EPA has an active civil docket of 193 referrals. Through the third quarter, 47 cases were referred to DOJ. 103 cases were filed by DOJ and 43 cases were concluded. o The states have an active civil docket of 738 referrals. Through the third quarter, 291 cases were referred to State Attorneys General (SAG). 180 cases were filed by SAG, and 214 cases were concluded. ------- z 600 500 - 400 300 200 100 NPDES ENFORCEMENT ACTIVITY CUMULATIVE As Of June 30, 1989 ADMINISTRATIVE ORDERS I I IV V VI VI VM IX X REGIONS CIVIL REFERRALS 125 100 75 50 25 NATIONAL y y 300 200 100 y i Q1 Q2 Q3 1 LEGEND EPA I I I IV V VI VI VIM IX X REGIONS STATES WQ/E-8.9 ------- Office of Solid Waste and Emergency Response ------- OFFICE OF SOLID WASTE AND EMERGENCY RESPONSE THIRD QUARTER HIGHLIGHTS Superfund o The Regions have made excellent progress toward the 275 RI/FS starts deadline in October 1989. The Regions have nearly met this deadline by the end of third quarter. o The statutory deadline for 175 remedial action starts is also October 1989. The Regions are making slow progress toward this deadline, with 119 RA starts through the third quarter. o The Regions fell short of remedial implementation targets by issuing 35 first RODs (43% of target), 30 final RODs (46% of target), and three remedial action completions (43% of target). RCRA 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. Twenty-eight final permit determinations have been made through the third quarter. As of July 13, 1989, approximately 125 incinerators remain to be determined. o The Environmental Priorities Initiative and the RCRA Regional Initiatives are highlighted in this quarterly report. CEPP/UST o In the Chemical Emergency Preparedness and Prevention program, the Regions substantially exceeded targets (636%) for providing technical assistance or training to State Emergency Response Commissions and Priority Areas. o LUST cleanups initiated and LUST cleanups brought under control are overwhelmingly being paid for by the responsible parties, 96% and 98% respectively. ------- THE SUPERFUND PROGRAM OVERVIEW o The Superfund Program addresses the government's response to: Hazardous substance releases or substantial threat of release into the environment, and; Pollutant or contaminant releases or substantial threat of release which may present an imminent or substantial danger to the public health or welfare. o The Superfund Program encompasses several major areas of activity: Remedial actions, Removal actions, Enforcement, and Chemical Emergency Prevention and Preparedness (CEPP). The programmatic activity status, as it is tracked in SPMS, will be discussed in this report, for each of these areas. i SUPERFUND REMEDIAL PROGRAM OVERVIEW o The remedial program can be divided into the three activity stages: Pre-Remedial Investigation, Remedial Alternative Evaluation, and Remedial Action Implementation, shown to the right. These three stages track a Superfund site from discovery through clean- up. The activities which comprise the Remedial process are detailed under each stage. Most of these activities are tracked in SPMS. o Each of these stages will be presented in more detail in the following pages. o As each is presented, information from the handbook, "CERCLA Orientation: Superfund; What it is? How it works?", will be used to describe and define activities. ------- The Superfund Remedial Program in Perspective Superfund Removal Program Preliminary Assessment National Priority Listing Alternatives £ Evaluation v? Remedial Investigation I Feasibility Study I Record of Decision Operation and Maintenance Removal activities can be initiated at any stage in the remedial program ' LJ Activity is tracked in SPMS ------- REMEDIAL PROGRAM OVERVIEW o Using SPMS data through the third quarter of FY 1989, the chart at the right shows a national performance summary toward the major stages in the Superfund Remedial Program pipeline. o While the comparison between the progress at certain stages in the pipeline is not appropriate, this diagram does indicate areas where progress is slow. These slow stages may ultimately cause a backlog as more sites move through the earlier stages of the pipeline. o Through the third quarter each remedial stage shows varying progress. The pre-remedial activities are nearly at or above target. In the remedial alternative evaluation stage, the Regions are making good progress toward the statutory deadline for RI/FSs on October 1989. The Regions are far behind their targets for Record of Decisions. In the remedial implementation stage, all steps are slow. Completion of Remedial Action starts is the slowest, with minimal progress toward the October deadline of 175 First RA Starts. ------- DC LU o QC 200 180 160 140 120 100 80 60 40 20 0 SUPERFUND REMEDIAL PROGRAM NATIONAL PERFORMANCE SUMMARY As of June 30, 1989 A 1181/835 1578/1615 \ 90/114 65/103 17/21 * 32/45 4/7 V'' 35/82 3/7 PA SI FRST AND COMP COMP SUBSEQUENT RI/FS START FIRST FIRST FIRST FNAL COMPLETION NPL ROD RD RA RA OF ALL DELETION STARTS STARTS REMEDIATION HTIATION REMEDIAL ACTIVITY PERFORMANCE DATA/TARGET DATA - PERCENT OF 3rd QUARTER TARGET ------- SUPERFUND PRE-REMEDIAL INVESTIGATIONS Site Discovery or Notification: 31,292 sites Preliminary Assessment: 28,359 sites Site Inspection: 10,124 sites ^^ Scoring: X: 1 National Priority Listing: 1,172 Sites PRELIMINARY ASSESSMENTS The preliminary assessment (PA) is an attempt to evaluate the magnitude of the potential hazard, to identify the source and nature of the release, and to identify the potentially responsible parties. The Regions completed1* 1,578 PAs through the third quarter, narrowly missing the national target of 1,615. Forty of the PAs completed were performed at Federal facilities. The end-of-year PA target is 2,500. Of the 31,292 Superfund sites which have been discovered, the Regions have completed preliminary assessments at 28,359 (91%) as of May 31,1989. SITE INSPECTIONS A site inspection (SI) further characterizes the problem at a site to determine what, if any, further action is necessary. Through the third quarter, the Regions have completed 1,181 Sis, exceeding the target of 835. Thirty-four of these Sis were performed at Federal facilities. As of May 31,1989, the Regions have conducted Sis at 10,124 facilities, representing 36% of those facilities which have had a PA. To date, 12,517 sites have shown no current evidence that they require further action. Program to date, 2,060 sites have been scored by the Hazard Ranking System, 10 of which have been scored in FY 1989. The number of sites which are currently on the NPL or are proposed for the NPL is 1,172. Federal facilities account for 5% of the NPL facilities to date. ------- PRE-REMEDIAL SUPERFUND As of June 30, 1989 PRELIMINARY ASSESSMENTS 550 500 450 400 350 300 250 200 150 100 50 0 i i \ t I II III IV V VI VII VII IX X REGIONS NATIONAL 1600 1200 800 400 3rdQ FY89 300 250 200 150 100 50 SITE INSPECTIONS I i 17 »--\ i t ' tl / NATIONAL I I -- TARGET FOR 3rd QUARTER ACTUAL 3rd QUARTER IV V VI VI VI IX X REGIONS S/F-1.2 ACTUAL 2nd QUARTER 1600 1000 600 3rdQ FY89 ------- as of May:31, 1 " Remedial Investigation and Feasibility Study: 851 sites Record of Decision: 353 sites REMEDIAL ALTERNATIVE EVALUATION REMEDIAL INVESTIGATION/FEASIBILITY STUDY (RI/FS) STARTS o Although the Remedial Investigation and the Feasibility Study have different purposes, the former being to define the extent of the problem at the site and the latter being to develop and evaluate remedial alternatives, they are often completed simultaneously. o First RI/FSs were initiated at 67 NPL sites through the third quarter, missing the target of 91. Of these, 47 or 70% were PRP-financed. The end-of-year target is 104. Twenty-three subsequent RI/FSs were also stalled, meeting the third quarter target. Of these, 17 or 74% were fund-financed. o In the Superfund Program as of May 31, 1989, RI/FSs have been initiated at 851 sites. RECORD OF DECISION (RODs) The Record of Decision document provides the basis for the remedial decision and describes the selected remedy. Through the third quarter, 35 first RODs were signed at NPL sites, for 43% of the target of 82. Twelve of these RODs were financed by PRPs. In addition, 30 final RODs were signed against a third quarter target of 65. Of these, 15 were PRP- financed. o In the Superfund program to date, remedies have been selected at 353 NPL sites (19 of which were no action alternatives). ------- SUPERFUND REMEDIAL ALTERNATIVE DEVELOPMENT As of June 30, 1989 FIRST AND SUBSEQUENT RI/FS FRST ROD 25 20 15 10 20 15 10 L_J i I II IV V VI VI V« IX X REGIONS --- COfvBNED TARGET FOR 3rd Q S/C-4{a),4(b).5(a).5{b) FIRST RI/FS SUBSEQUENT RI/FS I I II IV V VI VI VI IX X REGIONS --- TARGET FOR 3rd QUARTER >OT FIRST ROD ------- REMEDIAL ACTION IMPLEMENTATION REMEDIAL DESIGN ACTIVITY Progress Remedial Design: 309 sites This measure tracks funding or PRP contract awards for first and final remedial design activity. The remedial design is the detailed plan for conducting the remedial action. Through the third quarter, the Regions initiated first remedial design activity at 65 NPL sites, missing their target of 103, and began final remedial design at 46 NPL sites, missing their target of 62. As of May 31, 1989, remedial design activity has been initiated at 309 NPL sites. Remedial Action: 205 sites 1 Operation and Maintenance A" Post-Closure Monitoring REMEDIAL ACTION ACTIVITY The Regions initiated 32 first remedial action starts through the third quarter, missing the target of 45. Of these starts, 18 were PRP-financed and 14 were fund- financed. Final remedial action was initiated at 17 NPL sites, missing the third quarter target of 21. Nine of these actions were PRP-financed. As of May 31, 1989, there are 205 NPL sites with remedies implemented or in progress. Of these 205 sites, 115 or 56% are fund-financed. Since SARA was enacted, the Regions have initiated on-site remedial action at 119 NPL sites. OSWER's third quarter target was 140. Remedial implementation has been completed at three NPL sites thus far in FY 1989. The Regions targeted seven completions through the third quarter and have an end- of-year target of 15. As of May 31, 1989, 41 NPL sites have been cleaned up. Post-closure monitoring provides the remedy verification needed to delete a site from the NPL. Three Regions have initiated a total of four NPL site deletions. The third quarter target was seven. As of May, 27 sites have been deleted from the NPL. ------- REMEDIAL IMPLEMENTATION AT NPL SITES As of June 30, 1989 FIRST REMEDIAL ACTION STARTS 12 10 8 6 4 2 0 i i j S/C-7.8,9 \\ Vs . _ J L_ J I I II \V V VI W VII IX REGIONS REMEDIAL ACTION WORK POST SARA 30 20 10 - I -4 .A FINAL REMEDIAL ACTION STARTS IU a n i i i ' i i ~ 'VV \^\ \ \ \ \ \v \\ ' // ^// r-i '// // // // \ \ i \ \ \ i i i '/s fS i i i tVs "S^y NX^ O^ \\ '// // \ \ \ \ >~ ~ ^ 1 i VS.1i ' 1 V\J ' , I II III V VI REGIONS VII \\ V V\ VI VII REGIONS ~ ~ TARGET FOR 3rd Q S3 ACTUAL 3rd Q P~1 ACTUAL 2nd Q V7?( ACTUAL 1st Q ------- SUPERFUND REMOVAL PROGRAM o The Supcrfund Removal Program involves short-term actions taken to prevent or mitigate significant risk to human health, welfare or to the environment. Situations which warrant immediate removal action may include: drinking water contamination, human and animal food chain exposure, fire/explosion threat, or other acute situations. o The SPMS removal measures track activity at NPL sites only, even though removal actions are not exclusive to NPL sites. o The Regions initiated 43 removal actions at NPL sites through the third quarter. Of these 20 were PRP funded. In the Superfund Removal Program to date 1,397 sites have started removal action, 279 or 20% of these represent NPL removal starts. o The Regions completed removal actions at 38 NPL sites through the third quarter. Twelve of these were PRP-financed. As of May 31, 1989,1,155 sites have completed removal action, 252 or 22% of which were at NPL sites. ------- SUPERFUND ENFORCEMENT o During the first three quarters of FY 1989, the Regions referred 34 Section 107 cost recovery actions for removals, RI/FSs and remedial design (RD) against a target of 40. There were eight Section 107 cost recovery referrals for remedial action (RA) versus a target of 17, bringing the total number of cost recovery referrals (greater than or equal to $200.000) to 42 against a target of 57. 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 45 for three quarters. o The Regions had 22 Section 106 referrals for RD/RA with settlement (consent decree) and issued ten unilateral administrative orders for RD/RA (for a total of 34 against a target of 39). There were no Section 106 referrals without settlement (against a target of six). The Regions referred seven cases under Section 104 seeking access. o The Regions issued 67 Section 106 removal orders (22 NPL/45 Non-NPL) during the first three quarters, compared to 53 for the same period last year. o Thirteen administrative Section 107 cost recovery cases were resolved against a target of 22. 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) 10 SUPERFUND ENFORCEMENT As of June 30, 1989 SECTION 106 CIVIL REFERRALS (CUMULATIVE) SECTION 106 REMOVAL ORDERS (CUMULATIVE) LEGEND CUMULATIVE TARGET S/E-1(a) CUMULATIVE ACTUAL ------- CHEMICAL EMERGENCY PREPAREDNESS AND PREVENTION The CEPP program goals are to reduce chemical accidents by promoting community awareness of chemical hazards, and to assist states and localities to prevent and respond to chemical accidents. CEPP is authorized under Title III of SARA. o There are 49 states with State Implementation Memos (SIMs) in place; of these, 5 states had SIMs being updated or revised in third quarter. These memos establish joint work between states and EPA in priority areas where chemical emergency preparedness plans will be developed and tested. Seven states currently intend not to complete a SIM. o Through third quarter 670 CEPP contingency plans were developed, tested, or revised. EPA directly assisted 80 communities with chemical emergency simulations, against a target of 36 (222%). Simulations serve to test the effectiveness of contingency plans. o EPA provided technical assistance or training in 458 instances to State Emergency Response Commissions (SERCs) and SIM-designated priority areas, against a target of 72 (636%). Assistance provides technical and scientific expertise to improve preparedness, and program development and management. 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. Safety audits include on-site inspections of facilities. o During third quarter, there were 259 ARIP questionnaires sent from Regions to facilities with releases, and 210 responses were received from these facilities. Facilities have 30 days to respond to ARIP questionnaires after which the Region may undertake non-compliance action. In third quarter 24 non-compliance actions were taken against facilities. o Eight on-site chemical safety audits were conducted, 44% of the third-quarter target of 18. Regions have targeted to complete 40 audits by the end of the year. ------- CHEMICAL EMERGENCY PREPAREDNESS EPA TECHNICAL ASSISTANCE OR TRAININGS As Of June 30, 1989 46 STATE RECEIVED LARGE NUMBER OF ASSISTS. CEP-2B HAWAl DISTRICT OF COLUMBIA. AND DELAWARE RECEIVED NO EPA ASSISTS. ------- LAND DISPOSAL FACILITIES As of July 13,1989 the land disposal facility (LDF) universe numbered 1,451. Of these facilities, 164 LDFs were on the permit track, 1,025 were on the closure track, 115 were on both tracks, and 147 LDFs were not classifiable. PERMITTING TRACK o As of July 13,1989, 90% or 251 of the 279 facilities on the permitting track (including those facilities on both tracks) have been determined. Twenty-eight LDFs remain to be determined. o Through the third quarter, the Regions made 56 final permit determinations. This performance exceeds the third quarter target of 32. o Of these 56 final permit determinations, 49 permits were issued, and seven were denied. o The Regions issued 13 draft LDF permits and published one notice of intent to deny. CLOSURE TRACK o Of the 1,140 land disposal facilities on the closure track as of July 13, 1989, (including those facilities on both tracks), 800 have approved closure plans. o Through the third quarter, the Regions approved 101 land disposal facility closure plans, exceeding the target of 76. Region X, through their RCRA Regional Initiative (See Regional Initiatives Page), has agreed to complete seven LDF post-closure permits during FY 1989, instead of LDF closure plans. Through the third quarter, Region X has completed three post- closure permits. o The Regions also issued 70 notices of land disposal facility closure plan availability. ------- 30 20 10 LAND DISPOSAL FACILITIES As of June 30, 1989 FINAL PERMIT DETERMINATIONS NATIONAL 60 50 40 30 20 10 0 3rdQ 1989 IN IV VI VII VII IX REGIONS NUMBER OF PERMITS DENIED NUMBER OF PERMITS ISSUED TARGET FOR 3rd QUARTER 30 20 - 10 - CLOSURE PLANS APPROVED I I I IV V VI VI VI IX X REGIONS I I TARGET FOR 3rd QUARTER KS ACTUAL R/C-KD&E) R/C-KF) ------- PROGRESS TOWARD INCINERATOR PERMIT DETERMINATION DEADLINE o 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. o These graphs use permitting data as of July 13,1989 to track the Agency's progress toward the permit determination deadline. This data, taken from an internal OSW document, "Summary Report on RCRA Permit Activities, June 1989", is different from the SPMS data shown previously, because the SPMS data is a subset of the universe shown here. o While not all of the incinerator facilities represented here are subject to the permit determination deadline, approximately 175 are. In addition, the graphics highlight a trend toward incinerator facility closings. As a larger percentage of the incinerator universe chooses to close instead of following the permitting process, serious disposal capacity issues will arise. o Progress toward the incinerator deadline appears to be slow. A projected number of 20-30 facilities are not expected to meet the permitting deadline. As of July 13,1989, 32% of the undetermined facilities on the permit track, were at very early stages in the permitting process (i.e. prior to the declaration of a complete application). ------- STATUS OF INCINERATOR FINAL PERMIT DETERMINATIONS GIVEN NOVEMBER 8, 1989 DEADLINE As of July 13, 1989 PERCENT OF PERMITTING TRACK FACILITIES DETERMINED 100 75 50 25 0 NATIONAL 43% II IV V VI VII VII IX X TOTAL * DETERMINED: 1 12 14 18 23 20 4 0 21 95 * PERM! TRACK: 3 24 20 28 39 68 11 5 18 4 220 PD-1 SOURCE Summary Report on RCRA Permit Activities June 1989. OSW PERCENT OF NCNERATOR UNIVERSE ON THE CLOSURE TRACK 100 75 50 25 NATIONAL 52% I I I IV V VI VI VII IX X TOTAL * CLOSURE TRACK: 2 4 2 18 13 56 5 1 10 4 115 *NCN. UMVERSE: 5 28 22 46 52 12416 6 28 8 335 ------- INCINERATORS As of July 13, 1989, the incinerator universe, which includes both stand alone incinerators and incinerators at disposal facilities, numbered 360. Of these facilities, 205 incinerators were on the permit track, 100 were on the closure track, 15 were on both tracks, and 40 were not classified as being on either track. PERMITTING TRACK o On the permitting track, 43% or 95 of the facilities have been determined as of July 13, 1989. This leaves approximately 125 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 28 final permit determinations through the third quarter. This performance exceeds the third quarter target of 18. o Twenty of the 28 determinations resulted in issued permits, while eight were denied. o In addition, 21 draft permits were issued and five were denied. CLOSURE TRACK o Of the 115 incinerators on the closure track as of July 13, 1989, including those facilities on both tracks, 47 have approved closure plans. o Through the third quarter, the Regions approved seven incinerator closure plans, exceeding the target of three. o The Regions also issued five notices of incinerator closure plan availability. ------- 12 10 8 2 0 INCINERATOR DATA TRACKED IN SPMS As of June 30, 1989 FINAL PERMIT DETERMINATIONS NATIONAL 30 20 10 3rdQ 1989 III IV V VI VII VIII IX X REGIONS NUMBER OF PERMITS DENIED NUMBER OF PERMITS ISSUED -- TARGET FOR 3rd QUARTER CLOSURE PLANS APPROVED NATIONAL TOTAL - 7 I I « IV V VI VI VIM IX X REGIONS HI NUMBER OF CLOSURE PLANS APPROVED -- TARGET FOR 3rd QUARTER R/C-1(D&E) R/C-1(F) ------- STORAGE AND TREATMENT FACILITIES As of July 13,1989, the storage and treatment (S/T) facility universe, which includes only facilities without disposal or incineration processes, numbered 2131. This universe was comprised of 1584 S/T facilities on the permit track and 547 facilities on the closure track. Regions and states are working toward the November 8, 1992 storage and treatment facility permit determination deadline. PERMITTING TRACK o As of July 13, 1989, 583 S/T facilities or 37% of the permit track facilities were determined. o Through the third quarter, the Regions made 38 final storage and treatment facility permit determinations, 34 of which resulted in issued permits, while four were denied. The storage and treatment facility permitting measures have no SPMS targets for FY 1989. o The Regions also issued 41 public notices: 38 draft permits and three notices of intent to deny a permit. CLOSURE TRACK o Of the 547 storage and treatment facilities on the closure track, as of July 13,1989, 332 have approved closure plans. o The Regions approved 212 storage and treatment facility closure plans and issued 206 notices of closure plan availability through the third quarter. ------- 10 8 6 STORAGE AND TREATMENT FACILITIES As of June 30, 1989 FINAL PERMIT DETERMINATIONS NATIONAL 40 30 20 10 0 3rdQ 1989 I I II IV V VI VII VIII IX X REGIONS I I NUMBER OF PERMITS DENED gX2 NUMBER OF PERMITS ISSUED 120 100 80 60 40 20 CLOSURE PLANS APPROVED NATIONAL TOTAL - 212 I HI IV V VI VI VH IX X REGIONS NUKBER OF CLOSURE PLANS APPROVED R/C-1(D&E) R/C-1(F) ------- 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 July 31, 1989, is shown for several of these steps. Three states, Georgia, Utah ancf Minnesota, are authorized for the RCRA corrective action program. Several other states expect to be authorized in the coming months. 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. The Regions completed 92 RFAs through the third quarter of FY 1989. As of July 31, 1989, 1,438 RFAs have been completed through the corrective action program. Through the third quarter, 153 RFIs were imposed. These RFIs account for 33% of the total 459 RFIs imposed to date. One corrective action remedy was selected for an entire facility and one for a partial facility. No corrective action designs were approved during the third quarter. Program to date, ten facilities have had remedies selected. Conducted by EPA Review of the facdity and relevant record* Determination of corrective action need Conducted by Owner/Operator with Agency oversight Determination of nature/extent of release* Corrective Measures Study (CMS) . ^_.._. __ __ _ ___ _v__^S Conducted by Owner/Operator with Agency oversight Identification of potential remedies V J implemenUtioo Implemented by Owner/Operator with Agency oversight ------- CORRECTIVE ACTION PROGRAM STATUS RFAs COMPLETED I I IH IV V VI VM VII IX X REGIONS SOURCE: CARS 3 1 - As Of July 31, 1989 Program to Date RFIs IMPOSED 125 100 FACLITIES WITH REMEDY SELECTED IV V VI VI VI IX X REGIONS RRs WPOSED BY: VTA PERMITS I I 3008(h) ORDERS BB OTHER ORDERS III IV V VI VII VIU IX X REGIONS ------- RCRA/CERCLA INTEGRATION: THE ENVIRONMENTAL PRIORITIES INITIATIVE o The Environmental Priorities Initiative (EPI) is a new effort to focus limited corrective action resources on the identification and evaluation of those sites which present the greatest threat to human health and the environment, so that they might be cleaned up first. o Over the three year period from FY 1989 to FY 1991, EPI will focus on 3,000 closed or closing RCRA storage, treatment, and land disposal facilities. o Two primary goals of EPI are to promote consistency and compatibility between the RCRA and CERCLA programs and to prevent RCRA facilities from becoming future Superfund sites. o The EPI process, charted at right, shows the integration of CERCLA and RCRA activities. The sites chosen to participate are first entered into CERCLIS. The sites then follow the Superfund pre-remedial screening process. At the conclusion of the screening, the sites are returned to RCRA for corrective action. o Facilities which are unable or unwilling to pay for corrective action may become eligible for Superfund Response funding if they qualify for the National Priorities List. o FY 1989 is the first year for the EPI. The Regions have been given flexibility in the implementation of the EPI process. However, all Regions have received some reduction in funding for RCRA Facility Assessments in the anticipation that they will be utilizing CERCLA funds and the CERCLA pre-remedial process to evaluate RCRA sites. ------- The Environmental Priorities Initiative: An Integrated RCRA/CERCLA Approach to Corrective Action Potential RCRA Sites, Including: Closed or Qosing LDFs, and Storage and Treatment Facilities c I Enter sites into CERCLIS (_) Shading indicates Superfund funded activity Issue order for RCRA Corrective Action RCRA Corrective Action ive | ------- 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. Five Regions submitted initiatives under this flexibility plan: I, V, VI, IX, and X. Some of the initiatives have affected the SPMS commitments for the Regions. The following is a brief summary of the flexibility activities in each Region, as presented in their mid-year status reports. Region I initiatives include: Establishment of a corrective action peer review process to prioritize RCRA corrective action candidates; emphasis on 30-40 facilities receiving corrective action under the Environmental Priorities Initiative; conducting a data management workgroup; clean closure reviews at 30 Connecticut sites; and a lead in soil initiative to abate the hazards presented by high levels of lead known to exist in the urban areas of Massachusetts. Region V initiatives include: Reduction in required facility inspections in order to address higher priority handlers; increases in State criminal investigation support; a focus on several environmentally significant permits and corrective action; and conducting case work for two civil actions. Region VI initiatives include: Providing comprehensive assistance to the Secretariat Urban Development and Ecology of Mexico in the permitting of a PCB/Hazardous Waste Incineration facility; joint inspections of Mexican generators, disposal, and storage facilities, increasing effective monitoring of international shipments of hazardous waste, and development of an enforcement strategy concerning hazardous waste importers. Region IX initiatives include: Reduction of inspection targets for low priority facilities; approval and/or modification of three RCRA Facility Investigation workplans; and continued management and oversight of a landfill closure. Region X initiatives include: Increased post-closure permitting; reduction in low priority inspections; emphasis on corrective action and PCB disposal; investment in waste minimization activities; identification of Oregon generator universe; and increased on-site generator visits. ------- RCRA ENFORCEMENT o Addressing Significant Noncompiiance - The RCRA program has identified 674 treatment, storage and disposal facilities (TSDFs) as significant noncompliers, with 563 having had formal enforcement action initiated prior to FY 1989. The program exceeded its cumulative second quarter target for addressing SNCs. Twenty-three were pending at the end of the third quarter against the program goal of having 28 pending. o Of the TSDFs in SNC at the end of the third quarter (BOY plus newly identified SNCs minus SNCs returned to compliance), 105 were not subject to formal enforcement action. Nine (9% of the 105 had been in SNC for 136-180 days since the inspection that identified the SNC, 62 (59%) had been in SNC for more than 181 days and 34 (32%) had been in SNC less than 135 days. o Of the 51 federal facility TSDF SNCs, 42 are subject to formal enforcement action. o Inspections - Both EPA and States performed well on third quarter inspections targets: for land disposal facilities 864 of 843 (103%); for TSDFs 1,374 against 1,141 (120%) and for federal, state and local TSDFs 288 against 255 (113%). Of those generators generating over 1.000 kg of waste and subject to land disposal restrictions, 2,966 have received a land ban inspection. Twelve high priority violations were reported based on these inspections. o Judicial and Administrative Enforcement Activity - The Regions and states issued 153 formal enforcement orders/permits at environmentally significant facilities that require RCRA Facility Investigations (RFI), against a target of 48. Overall, the Regions have issued 287 formal administrative actions during the first three quarters, and there were nine EPA civil referrals. EPA also referred 22 RCRA criminal cases to DOJ during the first three quarters. By the end of the third quarter, the states had issued 753 formal administrative actions and had 13 TSDFs that had a referral for filing of a judicial action. ------- RCRA ENFORCEMENT As of June 30, 1989 ON ADDRESSNQ TSDFs IN SNC TSDF NSPECTIONS BOY 1 2 3 QUARTERS LEGEND CD RET TO COMP (51) EUD ON SCHEDULE (308) ENFORCEMENT ACTION (291) PENDNQ(23) 125 100 75 50 25 0 TARCET ADMINISTRATIVE COMPLAINTS 1200 1000 800 600 400 200 0 R/E-1(b).2 1 2 3 QUARTERS LEGEND STATES EPA 25 20 15 10 5 0 IV V VI VI VII IX X REGIONS EPA & STATES CIVL REFERRALS ------- 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 J988. The rules became effective in December 1988 and January 1989, respectively. o In third quarter, there were no states with authorized UST programs, and no states submitted applications for program approval. 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 third quarter there were: 47 states with corrective action authority for petroleum tanks; 44 states with corrective action authority for chemical tanks; 39 states with financial responsibility authority for petroleum tanks; and 33 states with financial responsibility authority for chemical tanks. State activity to establish UST authorities has been consistent to date. IMPLEMENTATION OF FEDERAL UST PROGRAM There were 34 states with formal agreements to implement the federal UST program during the transition period. These states are in all Regions except V, VII, VIII. 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. ------- CLEANUP OF LEAKING UNDERGROUND STORAGE TANKS (LUST} o There were 48 states with LUST Trust Fund cooperative agreements, 123% of the third quarter target of 39 states. These agreements include FY 1989 monies, and agreements are renegotiated each year for all states. A LUST cooperative agreement provides the state with funds to conduct cleanups in the absence of a responsible party (similar to Superfund). o In the process of qualifying for LUST cooperative agreements, 50 states have authority for corrective action, 50 states have authority for enforcement, and 46 states have authority for cost recovery. The state must have the authority in place for the activity (e.g., enforcement) before it can use LUST Trust funds for that activity. o There were 1,878 LUST cleanups initialed in third quarter (13% of the 15,142 to date). Of these, 1,823 (97%) were initiated with responsible party le.'id; 21 (1%) were initiated with stale lead with LUST Trust Fund monies; and 34 (2%) were initialed with state lead without LUST Trust Fund monies. The number of cleanups initiated in third quarter is consistent with the average FY 1988 rate. o There were 2,046 LUST cleanups brought under control (29% of 7,139 to date). Of these, 2,009 (98%) were by responsible party lead; 31 (1%) were by state lead with LUST Trust Fund monies; and 6 (<1%) were by state lead without LUST Trust Fund monies. o LUST cleanups completed will be tracked in SPMS in FY 1990. NATIONAL LUST CLEANUP ACTIVITY 16000 10000 0000 STATE LEAD WITHOUT TRUST FUND MOY STATE LEAD WTTH TBUSTFUNDMQgY RESP PARTY LEAD NTtATED UTCER ------- LUST CLEANUPS: STATES WITH TRUST FUND COOPERATIVE AGREEMENTS As Of June 30. 1989 FUST QUARTER Jttli I I I IV V VI VIVIIX X SECOND QUARTER 1 I I INVVIVIVIIXX THIRD QUARTER TARGET ACTUAL (/> 50 40 H 30 fe 20 10 i 0 UST-2 I II III IV V VI VII VIII IX X REGIONS NATIONAL . 1988 1 ll r 19£ 1 1 19 \ 7 Q1 Q2 Q3 Q4 Q1 Q2 Q3 Q4 LUST TRUST FUND AGREEMENTS ARE RENEGOTIATED EACH YEAR FOR EVERY STATE. ------- Office of Pesticides and i Toxic Substances ------- OFFICE OF PESTICIDES .AND TOXIC SUBSTANCES THIRD QUARTER HIGHLIGHTS o OPTS continues to exceed their targets for Completion of Review of Pesticide Studies. Thus far they have completed 645 reviews exceeding their fiscal year target of 590. o Pesticide Registration Application backlog continues to decrease (from 3,966 to 3,454) at end of third quarter. o OPTS has issued 216 emergency exemptions this fiscal year, exceeding their third quarter target of 200. o OPTS indicates many tolerance petitions have not been addressed (93 petitions are currently overdue) due to an issue which prevents any new tolerances for raw agricultural commodities to be granted until we have received data sufficient to perform a reassessment of the tolerance. OPTS is reviewing this issue. o At the end of third quarter, the Regions have completed 212 ASHAA close-out site evaluations. 378 projects will need to be closed-out during fourth quarter in order for the Regions to meet their end of year target. -qq- ------- ESTABLISHMENT AND IMPLEMENTATION OF REGISTRATION STANDARDS 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 eleven. All 14 RSs entered Stage 1 during first quarter. o Five RSs are in Stage 2 against a target of seven. Two RS entered Stage 2 during third quarter. o No RSs are in Stage 3 so far this year. Generic Closure will be addressed as a requirement of FIFRA 88 Amendments, which is now an ongoing process (List A Pilot Inventory). ------- ESTABLISHMENT AND IMPLEMENTATION OF REGISTRATION STANDARDS - NUM3ER OF STANDARDS As of June 30, 1989 LEGEND 23 TARGET ACTUAL STAGE 1 - ESTABLISH REGISTRATION STANDARD STAGE 2 - COMPLETE SECOND ROUND REVIEWS STAGE 3 » GENERIC CLOSURES COMPLETED P-1 ------- PESTICIDES SPECIAL REVIEWS o A "Special Review" is a review of pesticides whose data indicate a potential for unreasonable adverse effects to public health or the environment. OPTS has completed eight special reviews this year against a target of nine. Three special reviews were completed during third quarter, against a target of three. (P-2) REVIEW TYPE OF DECISION Daminozide PD-2/3 (when risks and benefits have been analyzed, feasible regulatory options identified and a decision is proposed) Bromoxynil Negotiated agreement between Company and EPA. Daminozide Negotiated agreement between Company and EPA. 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 645 reviews of studies during FY 1989, exceeding their third quarter target of 440 and also exceeding fiscal year target of 590. During the third quarter, 221 reviews were completed against a third quarter target of 140. ------- PESTICIDE REVIEWS As of June 30, 1989 PESTICIDE SPECIAL REVIEW DECISIONS CUMULATIVE NUMBER COMPLETED 0 L QUARTERS 700 LEGEND >- TARGET I-ACTUAL PESTICIDE REVIEW OF STUDIES CUMULATIVE NUK«ER COMPLETED QUARTERS P-2.3 ------- 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 - 44 final decisions have been made against a target of 45. Nineteen of these were made during third quarter. New Active Ingredients - Nine final decisions have been made against a target of seven. One (Savey) was made during third quarter and one (N-ethyl Perfluorooctane) was registered on March 23, 1989, (end of second quarter) but did not get reported in second quarter. Amended Registrations - 2,776 final decisions have been made against a target of 1,985. 870 were made during third quarter. Old Chemicals - 1,360 final decisions have been made against a target of 1,035. 367 were made during third quarter. o The pesticide registration application backlog continues to decrease from 3,966 to 3,454 for most categories. Decreases during third quarter were: New Uses from 60 to 59 Amended Registrations from 2,505 to 2,124 Old Chemicals from 1,397 to 1,263 t The only category increasing during third quarter was: New Active Ingredients from 4 to 8 ------- PESTICIDE REGISTRATION APPLICATIONS NUN/BER OF FINAL DECISIONS (CUMULATIVE) As of June 30, 1989. 3000 2500 2000 1500 1000 - 500 ACTIVE INGREDIENT NEW USES LEGEND TARGET AMENDED REGISTRATION OLD CHEMICALS OVERDUE ACTIONS 5000 3750 2500 1250 89 1 2 3 4 QUARTERS P-4 ACTUAL ------- EMERGENCY EXEMPTIONS FOR PESTICIDES An emergency exemption is granted by a Federal or state agency if EPA determines that emergency conditions exk. (e.g., pest outbreak is identified and no effective pesticide is registered for a particular use). o This fiscal year 216 final decisions have been made against a target of 200. Of these, 185 exemptions were issued and 31 were denied. Twenty-two actions were overdue at the end of third quarter. o During third quarter, final decisions were made on 123 emergency exemption applications against a target of 100. Of these, 101 exemptions were issued and 22 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 44 final decisions have been made against a target of 55. 93 actions are currently overdue, compared to 80 overdue at the end of second quarter. The increase is due to an issue which prevents any new tolerances for raw agricultural commodities to be granted until EPA has received data sufficient to perform a reassessment of the tolerance. i o Final decisions were made on 15 tolerance petitions meeting their third quarter target of 15. ------- JOINT EPA/USDA REVIEW OF TRAINING PROGRAM FOR PRIVATE APPLICATORS The Regional Offices are to complete a joint EPA/USDA review of private applicatpr training programs for each state according to established evaluation guidelines. i o Seven of the Regions had commitments through the first three quarters of this year, with five regions having commitments in third quarter. Region I met the third quarter target. Reviews were completed for Connecticut, Vermont and Maine. Massachusetts' review is expected to be completed during fourth quarter. Region II met its third quarter commitment by completing private applicator reviews for New York, New Jersey, and Puerto Rico. Region IV exceeded its third quarter commitment of two by completing reviews for Kentucky, Tennessee, North Carolina and Mississippi. The latter two were completed aiiead of the fourth quarter commitment. Region VI had a third quarter commitment of two for Arkansas and Louisiana. Arkansas is in the process of revising their program and Region VI delayed their review until FY 1990 when their new program is initiated. Louisiana's final report is not expected until fourth quarter. The review for Texas, which was a fourth quarter commitment, was completed in third quarter. Region IX had a third quarter commitment of two. Nevada's review was completed. Arizona's final report will not be completed until fourth quarter. ------- TSCA NEW CHEMICAL REVIEWS o Valid New Chemical Notices Received - 1,102 new chemical notices have been received this year. This is approximately 39% of the 2800 new chemical notices anticipated this fiscal year. The user fee rule and subsequent large number of notices received late during fourth quarter FY 1988 (1,117 in fourth quarter and 3,039 for entire year) appear to be the cause for decrease in submissions this year. OPTS expects the trend in increases for PMNs to resume next year. Of the 1,102 received, 774 are PMNs including five biotechnology PMNs. 328 were valid exemption notices (i.e., polymer exemptions, low volume exemptions, and test market exemption applications). During the third quarter, 445 valid new chemical notices were received. Of these, 264 were premanufacture notices (PMNs). 181 were valid exemption notices (i.e., polymer exemptions, low volume exemptions, and test market exemption applications). o Control Actions - 114 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. 67 were PMNs which were withdrawn in face of regulatory action, 38 were PMNs with consent orders issued, two were biotechnology PMNs with consent orders issued, and seven were exemptions which were withdrawn in the face of regulatory action. During the third quarter, 38 control actions were taken on new chemicals. Of these, 19 were PMNs which were withdrawn in face of regulatory action, 16 were PMNs with consent orders issued, two were biotechnology PMNs with consent orders issued, and one was an exemption denied which was withdrawn in face of regulatory action. o Notices of Commencement (NQQ - 874 NOCs have been received this year, including 300 during third quarter. ------- 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 4 IV 42 24 V 128 30 VI 72 24 VII 18 18 VIII 8 0* IX 26 3 X 18 15 TOTAL 590 212 o Forty-two close-outs were conducted during third quarter. Although the majority of close-outs are expected to occur in fourth quarter (when schools are closed), 378 of the EOY targeted close- outs (590) remain at end of third quarter. Reporting error~In Quarter 1 OPTS/Region reported Region VIII had completed one close-out. To date, Region VIII has not completed any close-outs. ------- ASHAA CLOSE-OUTS CUMULATIVE STATUS - THIRD QUARTER As of June 30, 1989 LEGEND ACTUAL X TOTAL ALL REGIONS T-5 X/A TARGET (YEAR END) ------- AHERA LOCAL EDUCATION AGENCIES (LEA) 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. Technical assistance efforts include visits or contacts by Regional technical assistance staff (or AARPs) filing for a deferral of the May 9, 1989 deadline to assist LEAs in complying with AHERA inspection requirements. o At the beginning of the fiscal year 16,728 LEAs with approved deadline deferrals and 217 ASHAA unfunded projects were identified as the universe. At the end of third quarter, the Regions have completed inspections of 3,863 LEAs with approved deadline deferrals and 195 ASHAA unfunded projects. In addition, during third and fourth quarter, the Regions are to report on the exception reports received. Exception reports identify the LEAs and the reason they were unable to complete an inspection/management plan by the May 9, 1989, deadline. o At the end of third quarter, three Regions report receiving 266 exception reports: Region III (1), Region VII (67) and Region IX (198). Reporting error--In Quarter 2 OPTS/Region II reported 19 ASHAA unfunded'projects with completed inspections. This was a typographical error and ASHAA unfunded projects for Region II should be 9. Total number of ASHAA unfunded projects (195) through third quarter reflects correction. ------- REVIEW AND AUDIT OF AHERA ACCREDITATION COURSES The Regions are to report progress in reviewing and auditing AHERA accreditation courses for inspector and management planner, contractor, worker, project designer, and refresher courses. o Progress continues in reviewing and approving asbestos program courses designed to accredit personnel under AHERA. At the end of third quarter, approximately 806 courses had been reviewed and received either contingent or full approval. Regions II, VI, VII, VIII, and X have conducted quality assurance audits for most of the courses (e.g., contractor, worker and project designer). ------- FIFRA COMPLIANCE MONITORING INSPECTIONS AND COMPLIANCE LEVELS (""NOTE: State data are lagged one quarter.) o Through the second quarter of FY 1989, the states completed 9,738 FIFRA use and restricted use pesticide dealer inspections, completing 158% of their state grant targets. Based on these inspections, the states reported taking 3,395 enforcement actions through the second quarter, representing a violation rate of 35% for "use" inspections. o In the third quarter, Regions VII and VIII, with non-delegated programs, completed a total of 293 use and restricted use dealer inspections, achieving 140% of their targets. ADDRESSING FIFRA SIGNIFICANT NONCOMPLIANCE o By the end of the third quarter, the Regions had referred 64 significant use violations to the states for investigation and enforcement action. Sixty-four cases had also been referred through the third quarter of FY 1988. o The Regions also identified 136 significant violator cases for EPA action through the third quarter. FIFRA ENFORCEMENT ACTION o The Regions issued a cumulative total of 227 administrative complaints through the third quarter, compared to 212 a year ago. Three Federal FIFRA civil cases have been referred through the third quarter. No FIFRA criminal cases have been referred during FY 1989. ------- 125 100 75 50 25 0 70 60 50 40 30 20 10 0 FIFRA COMPLIANCE AND ENFORCEMENT As Of June 30, 1989 'USE' INSPECTION LEVELS 125+ TARGET 9.738 USE INSPECTIONS CONDUCTED (35%) (65%) COMPLIANCE STATUS IN IV V VI VI VII IX X REGIONS REFERRALS TO STATES 1 2 3 QUARTERS P/E-1,3,4 (45) CD ADDRESSED WITHN TIMEFRAME (17) KZJ PENDNQ WFTHN TMEFRAME (2) Z2 ADDRESSED BEYOND TWEFRAME (0) M NOT ADDRESSED BEYOND TMEFRAME VIOLATION WITH ACTION TAKEN NO ACTION WARRANTED OR COMPUANCE DETERMINATION PENDING. EPA CASES AND REFERRALS FROM STATES S 250 200 150 100 50 VIOLATION PENDNQ DETECTED ENFORCEMQ ACTION (136) (40) CASES CASES ADDRESSED CLOSED (96) (35) ------- TSCA INSPECTIONS AND COMPLIANCE LEVELS o The Regions and Headquarters accomplished 94% of their third quarter target for TSCA compliance inspections by conducting 2,318 inspections versus a target of 2,465. States with inspection grants conducted 1.361 inspections, or 87% of the states' third quarter target. Of the total 3.679 inspections completed, 1.329 (369c) were in compliance. 1,675 (46%) were pending a compliance determination, and 675 (18%) were in violation. o The number of initial EPA Regional and state grant inspections conducted for PCB disposal facilities was 44, or 85% of the third quarter target. Initial inspections conducted for broker/storage facilities total 172. or 96% of the third 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 third quarter 291 (64%) had been closed. A year ago, the BOY inventory was 686 with 518 (76%) closed by the end of the third quarter. (There is no SPMS target for the fixed base cases.) o In the third quarter, the Regions identified 28 new significant violators based on Pre-FY 1989 inspections, bringing the cumulative total to 264. Sixty-seven cases were issued-within 180 days of inspection. 112 beyond 180 days of inspection and 52 were closed. (There is no SPMS target for issuing cases based on Pre-FY 1989 inspections.) o In the third quarter, the Regions identified 76 new significant violators based on FY 1989 inspections, bringing the cumulative total to 158. Eighty-one cases were issued within 180 days of inspection. 14 issued beyond 180 days of inspection and ten were closed. The Regions issued 85% of the cases issued with 180 days of inspection. The SPMS target is 90% of the cases issued must be issued within 180 days of inspection. *Only initial inspections are targeted. ------- TSCA COMPLIANCE AND ENFORCEMENT As Of June 30, 1989 TSCA FEDERAL AND STATE NSPECTONS PCB INSPECTIONS &$ oc I 125 100 75 50 25 125 75 50 25 125+ TARGET Bi EPA 77A STATE HI IV V VI VI VI IX X HQ SIGNFICANT VIOLATORS FIXED BASE 500 I I I IV V VI VI VI IX X REGIONS PCB DISPOSAL FACUTY I I PCB BROKER/STORAGE FACLJTY T/E-1.3.6 2 3 QUARTERS (291) C=» PRE '89 CLOSED (161) OPEN MORE THAN 6 MONTHS (0) EZ) OPEN 6 MONTHS OR LESS ------- TSCA ENFORCEMENT ACTIVITY o By the end of the third quarter, the Regions issued 346 administrative complaints compared to 451 a year ago. During the first three quarters, the Regions referred three TSCA civil referrals. One TSCA criminal case had been referred at the end of the third quarter. RESPONSE TO TSCA SIGNIFICANT NONCOMPLIANCE IN FEDERAL FACILITIES i o The Regions had a heginning-of-year inventory of eight TSCA federal facility SNC cases, compared to six last year. At the end of the third quarter, six of these cases were closed. Through the third quarter, the Regions identified a cumulative total of 15 new significant violators based on FY 1989 inspections and 27 based on Pre-FY 1989 inspections. ------- STATUS OF REMAINING OPTS MEASURES Other OPTS measures with third quarter targets or reports and a status follows: (T-3) Activities Related to Regulatory Investigations And Risk Management Actions. OPTS reports three actions have been taken this year against a target of six. Two of these were completed during third quarter: NFRM for SNUR Pentabromoethylbenzene (PEB) was signed by the AA/OPTS on 4/20/89 (54 FR 18283) and section 9 referral to OSHA on Paradichlorobenzene was signed by the AA/OPTS on 6/23/89. (T-4) Public Access to Section 313 Toxic Release Inventory (TRI). OPTS reports continued activity since TRI was made available in March. The most significant activities include: Issuance of TRI National Report and National Library of Medicine (NLM) Database at a Press Briefing in June. (T-8) Title III Outreach and Technical Assistance Activities continue. The Regions' activities in this area increased dramatically during third quarter. Effort in industry and public outreach areas, e.g., workshops held, speaking engagements and State/local government meetings doubled in some regions. In addition, public outreach contact activities, e.g., contacts with public groups and news media increased during third quarter. ------- 8 7 6 5 4 3 2 1 0 REGULATORY INVESTIGATIONS AND RISK MANAGEMENT ACTIONS (CUMULATIVE) As Of June 30, 1989 .....-O T-3 QUARTERS LEGEND G TARGET ACTUAL ------- Office of Enforcement and Compliance Monitoring ------- PROPOSED CONSENT DECREE REVIEW TIME o OECM has reviewed and forwarded 91 consent decrees to DOJ through the third quarter. o The average review time for their reviews has been 20 days, meeting the 35 day average target. The review times ranged from one to 139 days. CIVIL REFERRAL ACTIVITY o Through the quarter, the Regions have referred 15 new civil cases to HQs and 168 direct referrals to DOJ for a total of 183; this compares with 215 a year ago. o There have been 37 new pre-referral negotiation cases opened so far this year. o There have been eight consent decree enforcement cases initiated this year. ------- FOLLOW-THROUGH ON ACTIVE CIVIL CASE DOCKET o OECM reports that there were 775 active civil cases at the start of FY 1989 (i.e. cases referred to DOJ before 10/1/88, but not concluded before 10/1/88). As of the end of the third quarter, the 775 cases had the following status: - 114 (15%) were pending at the DOJ. 43 (5%) were returned to the Region. 20 (2%) had been concluded before filing. - 439 (57%) were filed in U.S. Court. 159 (21%) had been concluded after filing. (188 (24%) of these cases have been ongoing for more than two years since being filed.) o There have been 184 new civil cases referred to DOJ through the third quarter, compared to 228 a year ago. As of the close of the quarter: - 132 (72%) were pending at the DOJ. 3 (2%) were returned to the Region. 2 (1%) had been concluded before filing. - 34 (18%) had been filed in U.S. Court. 13 (7%) had been concluded after filing. o Of the 959 civil cases active during FY 1989 (775 start plus 184 new), 194 have been closed leaving 765 active cases at the end of the third quarter. ------- FOLLOW-THROUGH ON ACTIVE CIVIL CASE DOCKET As of June 30,1989 CIVL CASE DOCKET 600 600 400 - 200 - 150 100 50 CZ3 234 QUARTERS LEGEND CASES PENDNG AT DOJ CASES RETURNED TO THE REGION CASES CONCLUDED BEFORE FUNQ CASES FLED N COURT CASES CONCLUDED AFTER FLNQ NEW FY 1989 REFERRALS TO DOJ CASES: V 184 REFERRALS (CUMULATIVE) E/C-4,5 ------- CONSENT DECREE TRACKING o At the end of the third quarter the Regions report that there are 564 active consent decrees compared to 449 a year ago. (Note graph and current status are based on universe of 507 decrees since there were 57 Region V cases for which status was not provided.) o Consent decree compliance for the quarter was 78%, an increase from 74 - 76% average over the past two years. Of the 114 consent decrees in violation: 59 (52%) had a contempt action, a decree modification referred, or a stipulated penalty collected. 38 (33%) had formal enforcement action planned but not commenced. 17 (15%) had no formal enforcement action planned. ------- 120 100 - 80 - CO I O 60 2 40 - 20 - EPA CONSENT DECREE TRACKING As Of June 30, 1989 VI VI Vffl IX NATIONAL uj 350 o u. 300 °250 1234 QUARTERS E/C-1 Y7A N COMPLIANCE WITH THE TERMS OF THE DECREE R%3 M VIOLATION WITH FORMAL ENFORCEMENT ACTION NTTIATED Bi N VIOLATION WITH FORMAL ENFORCEMENT ACTION PLANNED BUT UNCOMMENCED I I N VIOLATION WITH NO FORMAL ENFORCEMENT ACTION PLANNED AT THIS TME ------- CRIMINAL REFERRAL ACTIVITY o There were 89 new criminal investigations opened through the third quarter of FY 1989 compared to 143 a year ago. Twenty-one investigations were closed prior to referral to the Office of Criminal Enforcement. There were 172 open investigations at the end of the quarter. o Year to date, the Regions have referred 47 new cases to HQs and 44 cases have been referred from OECM to DOJ. A year ago the Regions referred 36 cases to HQs, and 33 cases were referred from OECM to DOJ. ------- FOLLOW-THROUGH ON ACTIVE CRIMINAL CASE DOCKET o There were 97 active criminal cases pending as of 10/1/88, compared to 67 a year ago. As of the close of the third quarter: - 27 (28%) were under review by DOJ. 14 (14%) were under grand jury investigation. - 23 (24%) had charges filed. 22 (23%) had been closed following prosecution. 11 (11%) had been closed without prosecution. o There have been 44 new criminal cases referred to DOJ in FY 1989 compared to 33 at the end of the third quarter a year ago. As of the close of the quarter: 25 (57%) were under review by DOJ. 12 (27%) were under grand jury investigation. - 3 (7%) had charges filed. 1 (2%) had been closed following prosecution. 3 (7%) had been closed without prosecution. o The total number of active cases was 104 compared to 89 last year. ------- FOLLOW-THROUGH ON ACTIVE CRIMINAL CASE DOCKET As of June 30, 1989 CRIMINAL REFERRALS PENDING CO o o- 100 75 50 25 2 3 QUARTERS STATUS OF NEW FY 1989 REFERRALS 45 40 35 30 25 20 15 10 5 0 1 234 QUARTERS CUMULATIVE # OF NEW REFERRALS - 44 E/C-7.8 LEGEND TO DOJ BY OECM UNDER REVEW AT DOJ UNDER GRAND JURY INVESTIGATION WITH CHARGES FLED CLOSED FOLLOWING PROSECUTION CLOSED BY DOJ WITHOUT PROSECUTION ------- Number of New Criminal Referrals to EPA-OCEC (cumulative through third quarter FY89) Region I Region II Region III Region IV Region V Region VI Region VII Region VIII Region IX Region X NEIC Total RCRA 0 1 1 6 4 2 2 0 1 3 2 22 CLEAN AIR 0 3 1 1 0 0 0 0 0 1 0 6 CLEAN WATER 5 1 2 0 1 2 2 0 3 2 0 18 FIFRA 0 0 0 0 0 0 0 0 0 0 0 0 TSCA 0 0 0 0 0 0 0 1 0 0 0 1 CERCLA 0 0 0 0 0 0 0 0 0 ' 0 0 0 Total 5 5 4 7 5 4 4 1 4 6 2 47 ------- Office of Administration and Resources Management ------- PERSONNEL SERVICES o OARM processed a total of 1,659 personnel actions during third quarter. Of these, 1,622 were processed on time. Internal Actions 299 of 307 were processed on time. OARM reports that of the eight not processed within the standard, six delays were attributed to OARM, and two to OPM. External Recruitment Actions 291 of 300 were processed within the standard. OARM was responsible for the nine delays. Non-competitive Actions 358 of 368 were processed on time. The ten delays were attributed to OARM. Administrative Actions 674 of 684 were processed on time. Awards OARM continues to process all award actions on time. 83 actions were processed during third quarter. ------- GRANTS SERVICE ACTIONS o 566 grant service actions were processed or awarded during the third quarter. Of these, 522 were processed on time. Grants and Cooperative Agreements 310 of 352 were processed on time. Delays in processing all Grants and Cooperative Agreements on time during third quarter is due to rotational assignments within the Grants Operation's Branch of two grant specialists. Interagency Agreements All interagency agreements (179) were processed on time. Determinations for Requests for Deviation from Regulatory Requirements 9 of 11 were processed on time. OARM reports there is presently a backlog of 30 deviation determinations from previous quarters, and they have developed a management plan which should reduce the backlog. Determination if Snsp^nsion/Debarment Cases All suspension/dt bainieiit cases (24) were processed on time. ------- PROCUREMENT SERVICE STANDARDS o Major Negotiated Procurements During the third quarter OARM awarded 63 new competitive, new sole source, and new advertised contracts. Forty-four of these were awarded within the standard or negotiated schedule. New Competitive Contracts 30 of 40 were awarded on schedule. New Sole Source Contracts 6 of 12 were awarded on schedule. New Advertised Contracts 8 of the 11 new advertised contracts were awarded on schedule. o Purchase Orders 3,186 of 3,985 competitive and sole source purchase orders were issued on schedule during the third quarter. ------- HEADQUARTERS RESOURCE UTILIZATION s o In the third quarter S&E workyear usage was below target (at 73.1%) while Superfund usage was above target (76.1%). o Dollar utilization for Headquarters through the end of the third quarter (75% of the year) are: S&E dollar utilization ($495.1) is above its target ($456.7). Superfund usage was $382.9, below the target of $430.3. - AC&C dollar utilization was $282.2, below the target of 344.4. R&D dollar expenditures were $160.2 compared to the target of $179.8. B&F dollar usage was the lowest ($6.4) compared to a target of $16.5. LUST dollar expenditure was $3.8, below the target of $5.6. ------- HEADQUARTERS RESOURCE UTILIZATION (THIRD QUARTER = 75% OF YEAR) 76.1% 75% 73.1% $495.1 ($ IN MILLIONS) $456.7 S&E SF FTEUSE NOTE: Due to errors In the IFMS database associated with site-specific travel. travel utilization figures are not available for this chart. OP PLAN ACTUALS S&E SF AC&C R&D B&F LUST DOLLAR UTILIZATION AS COMPARED TO QUARTERLY PLANS ------- REGIONAL RESOURCE UTILIZATION o In the third quarter (75% of the year), S&E workyear usage was 72.9% and Superfund usage was 72.5%. o Dollar utilization for the Regions for the year are within targeted levels. - S&E dollar utilization ($183.6) is within its target ($188.8). Superfund usage was $499.6, below the target of $825.0. - AC&C dollar utilization was $295.3, below the target of $345.3. LUST dollar expenditure was $31.5, below the target of $44.9. ------- REGIONS RESOURCE UTILIZATION (THIRD QUARTER = 75% OF YEAR) 75% 72.9% 72,5% S&E SF FTEUSE $825.0 ($ IN MILLIONS) OP PLAN ACTUALS S&E SF AC&C R&D B&F LUST NOTE: Due to ecrors in the IPMS database associated with site-specific travel. travel utilization figures are not available tor this chart. DOLLAR UTILIZATION AS COMPARED TO QUARTERLY PLANS ------- Office of Policy, Planning, and Evaluation ------- RED BORDER REVIEW o OPPE is completing Red Border in a timely fashion. In third quarter, 33 documents were reviewed within the 4-week deadline. » 32 of these were reviewed within the three-week review period; 1 was not completed within the four week review period. ------- Office of External Affairs ------- VIOLATION RATES (NOTE: Data are lagged one quarter) o In the second quarter of FT 1989, 332 inspections of federal facilities were conducted. Violations were found in 70 (21%) of the inspections. The first quarter rate for violations was 24%. For the Air media, three violations were detected in 111 inspections for a 3% rate. For NPDES, nine violations were detected in 77 inspections for a 12% rate. For RCRA, 50 violations were detected in 102 inspections for a 49% rate. For TSCA, 10 violations were detected in 23 inspections for a 43% rate. For SDWA, one violation was detected in 11 inspections for a 9% rate. For Multi-Media, no violations were detected in eight inspections. o In the second quarter, 46 enforcement actions were taken against previous violations. ------- FEDERAL FACILITIES VIOLATION RATE BASED ON INSPECTIONS As of March 31, 1989 AH NPDES DW RCRA TSCA MULT1 OVERALL 111 77 11 102 23 8 332 NUMBER OF INSPECTIONS % NOT N VIOLATION % N VIOLATION OEA-1/4E ------- RESPONSE TO SIGNIFICANT FEDERAL FACILITY NONCOMPLIANCE o OAR identified 11 federal facilities at the beginning of the year (BOY) as significant violators, and four have been addressed through the third quarter. o OW identified nine federal facilities on the exceptions list that were carried over from the previous quarter. None were returned to compliance and two had an enforcement action initiated. The remaining seven, plus five new significant violators on the exceptions report, constitute the pending balance of 12 facilities. o OPTS identified eight federal facilities in SNC at the BOY. Through the third quarter, six cases were closed. The remaining two were opened more than six months. o OSWER compliance snapshot in the third quarter shows 51 federally owned or operated TSDFs in SNC. Of these facilities, 42 have one or more formal enforcement actions. ------- 12 10 8 6 4 2 0 10 8 6 4 2 0 RESPONSE TO SIGNIFICANT FEDERAL FACILITY NONCOMPLIANCE As Of June 30, 1989 AIR RXED BASE WATER EXCEPTIONS REPORT 16 BOY 1 2 3 O ADDRESSED PENDING TSCA RXED BASE OEA-SNC1 SNC 1 2 3 EZ) OPEN 6 MONTHS OR LESS S3 OPEN MORE THAN 6 MONTHS PRE '89 CLOSED 12 8 60 50 40 30 20 10 0 SNC ENFORMCENENT RETURNED TO PENDNQ ACTION CCmiANCE I I SNC 2 CONSECUTIVE QUARTERS SNC FOR MORE THAN 2 QUARTERS RCRA COMPLIANCE SNAPSHOT SNC/ADDRESSED/END OF QUARTER SNCAJNADDRESSED/END OF QUARTER ------- Office of General Counsel ------- RED BORDER REVIEW DEADLINES i o OGC received 97 Red Border documents for review through the third quarter of FY 1989. Thirty-one documents were received for review during the quarter. o The cumulative total of completed reviews for the quarter was 31 (100%). At the close of the quarter: 27 (87%) reviews were completed within three weeks, compared to a target of 80%. 4 (13%) reviews were completed within four weeks, compared to a target of 100%. STATE DELEGATION AGREEMENT REVIEW DEADLINE o OGC received four applications for review through the third quarter, and two applications for review during the quarter. OGC concurred within the 15-day target. ------- OGC CUMULATIVE REVIEW OF RED BORDER PACKAGES As of June 30, 1989 ~-"_" cc & 25 20 15 10 G/C-2 OAR OARM OSWER OPTS PROGRAMS LEGEND COMPLETED WITHIN 3 WEEKS OW COMPLETED WITHIN 4 WEEKS INCOMPLETE AFTER 4 WEEKS CO 30 20 10 & 100 ! 80 » I ft ! 60 40 20 THIRD QUARTER SUMMARY PROGRAM SUMMARY 1 2 3 QUARTERS ------- |