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

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 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

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                                                             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

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Office of Air and Radiation

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                          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.

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                   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.

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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
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60
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                                                                                 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.

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                                     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.

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                      PARTICULATES SIP DEVELOPMENT AND ENFORCEMENT
                                        As of June 30, 1989
      CONTROL STRATEGY DEMONSTRATIONS
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           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

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                         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.

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                                 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.

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                                       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.

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 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-

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                     AIR  ENFORCEMENT COMBINED REPORT

                                 SIGNIFICANT VIOLATORS

o   There are 696 significant violators on the fixed base, of which 187 (27%) had 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.

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  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

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            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.

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   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

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                                          RADON

EPA's national Radon Program continues to address the radon problem by coordinating state
participation in EPA projects such as the State/EPA Surveys, House  Evaluation Program (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,

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    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.

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Office of Water

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                                   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)

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                            DRINKING WATER PROGRAMS

Drinking Water Programs include Wellhead Protection (WHP) within the Office of Groundwater
Protection, Underground Injection  Control  (UIC) wells and Public Water Systems Supervision
(PWSS) within the Office of Drinking Water.

o   The Wellhead Protection program provides technical assistance to states and localities.  EPA's
    work includes:

       promoting the development of state plans for the protection of critical groundwater sources
       of drinking water.  Each state is responsible for the development of their own program.  To
       date, EPA's assistance includes guidelines for  WHP area management and delineation
       techniques, training of state/local officials on  WHP  data management and other technical
       issues.

o   The UIC program is almost entirely delegated to states who are responsible for:
                                                                       !
    -   making permit determinations for both existing and  new wells;

    -   verifying that mechanical integrity tests are performed to ensure that the drilling process was
       accomplished correctly and injected fluids are not migrating along the well bore;

       taking enforcement action against those wells with inappropriate injection
       practices.

o   The PWSS program is delegated to all  states except WY, IN, and DC.  The work includes:

    -   monitoring to ensure compliance with maximum contamination levels for microbiological
       contamination, trihalomethanes, turbidity, and chemicals/radioisotopes;

       taking enforcement actions (based upon  monitoring data results) against those public water
       systems in significant  noncompliance.

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                    WELLHEAD  PROTECTION PROGRAMS

The 1986 amendments to the Safe Drinking Water Act (SDWA) direct states to submit proposed
Wellhead Protection (WHP) programs for review/approval by June 1989.
o   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.

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        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

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            UIC CLASS I.  II. III. AND V PERMIT DETERMINATIONS

    To protect underground sources of drinking water, EPA requires all new underground injection
    wells and some existing wells to undergo a permitting process. This measure tracks permit
    determinations for both new and existing wells.

                                                          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.

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                             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 +

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                 UIC CLASS II MECHANICAL INTEGRITY TESTS

UIC mechanical integrity tests (MITs) are performed to ensure that the well casings and tubings are
sound and injected fluids do not  migrate along the well bore.  All existing Class II wells must
demonstrate mechanical integrity within the first five years, and every five years thereafter.
                                   VERIFIED BY EPA

o   For FY 1989, the Regions have committed to verify 2,494 MITs.

o   Through the 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.

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                   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












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i|
>?i
(V»
itiil!




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1
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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
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       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)

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                      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

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                          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 |

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                            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

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      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 MO€Y
                  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.

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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-

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                 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

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                          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.

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                             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

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                    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

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                           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

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                  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.

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     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.

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                          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.

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                           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.

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                              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)

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       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.

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        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).

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                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

-------