EPA
100/
' 1990.1
I s t
.990
EPA 100/1990.1 1
United States Office of December 1989
Environmental Protection The Administrator
Agency Washington DC 20460
SEPA Strategic Targeted Activities for Results System
First Quarter FY 1990 Report
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L tr- *
United States Office of December 1989
Environmental Protection The Administrator
Agency Washington DC 20460
SEPA Strategic Targeted Activities for Results System
OS
OS
First Quarter FY 1990 Report
HEADQUARTERS LIBRARY
£5 ENVIRONMENTAL PROTECTION AGENW
ca WASHINGTON, D.C. 20460
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U.S. ENVIRONMENTAL PROTECTION AGENCY
STRATEGIC TARGETED ACTIVITIES FOR RESULTS
FIRST QUARTER 1990 REPORT
PREFACE
This quarterly report review? Agency progress in meeting its priority program commitments.
The report is a major component of the Agency Strategic Planning and Management System
(SPMS). Based on recommendations of the Deputy Administrator's Management Systems Task
Force, the accountability system on which this report is based, has been renamed STARSStrategic
Targeted Activities for Results System. The change was implemented as of first quarter FY 1990
and will be reflected in all future reports. SPMS continues to refer to the overall set of
management systems, including strategic planning, which provide 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 Pollution Prevention -- formerly 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 ackowledge the assistance and cooperation of the many people through the
Agency's management network who have made timely production of this report possible.
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TABLE OF CONTENTS
OFFICE PAGE
OFFICE OF AIR AND RADIATION 1
OFFICE OF WATER 23
OFFICE OF PESTICIDES AND TOXICS SUBSTANCES 63
OFFICE OF SOLID WASTE AND EMERGENCY RESPONSE 95
OFFICE OF ENFORCEMENT AND COMPLIANCE MONITORING 133
OFFICE OF GENERAL COUNSEL 151
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Office of Air and Radiation
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OFFICE OF AIR AND RADIATION
o Highlights
o Mobile Sources Program:
Inspection/Maintenance and Anti-tampering
o Air Quality and Planning Standards Program:
(majority of measures)
New Source Review
Air Toxics and Enforcement of NESHAPs
Ozone/CO SIP Remedies and VOC Enforcement
Particulates and Enforcement
Sulfur Dioxide and Enforcement
Air Enforcement Combined Report
Asbestos Demolition and Renovation
o Radiation Program:
Radon
Radiological Emergency Response
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FIRST QUARTER HIGHLIGHTS
o STARS measures have been improved in 1990.
Measures now include State Implementation Plans (SIPs) entering Headquarters' review. In
response to state concerns, EPA streamlined its SIP process. The new provisions delegate
more responsibility to the Regional Administrators to approve SIPs.
STARS includes a measure for the New Source Review (NSR) program. NSR is a pollution
prevention permitting process that requires review of all major stationary sources being
proposed for construction. It considers environmental and economic impact to determine
which Best Available Control Technology should be applied to the proposed source. 44 of 47
(94%) New Source Review permits/packages were reviewed on time.
Radiation measures have been added to track state grants for radon, radiological emergency
response, and low-level radioactive waste, in addition to notification, site reviews and
inspections for radionuclides NESHAPs.
o With this report, the Stationary Source Compliance Program is employing a new method of
tracking progress in resolving significant violators. In previous years, the program established a
fixed list of violators at the beginning of the year and tracked progress against quarterly targets.
The method now being employed factors in the timeliness of actions taken against violators,
including those identified through the course of the year.
o Current radon survey results indicate that one in four homes in the United States has a radon
screening level greater than 4 picocuries per liter (pCi/L).
o Twenty-two areas, in 16 states, have submitted (in full or in part) ozone/CO emission inventories.
In total, 89 Ozone areas and 66 CO areas will need to submit emissions inventories.
o Ten adequate Multi-Year Development Plans (MYDPs) were submitted this quarter against a
target of three (333%). 75 agencies are working nation-wide on MYDPs.
5
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MOBILE SOURCE PROGRAM
The mobile source program reduces air pollution through a variety of mechanisms, including the
setting and enforcement of standards for tailpipe and evaporative emissions, as well as fuel and fuel
additive composition. Despite significant emission reductions, mobile sources still account for
approximately half of the national air pollution problem, due in part to a rising number of vehicle
miles travelled (VMTs).
PERCENTAGE OF TOTAL A« POLLUTANTS
FROM TRANSPORATON SOURCES
too
80
00
20
voc
TOTAL FROM ALL aOUKXft 18
CO MO. 90« FMW LEAD
01 20 21 r on
POLLUTANT
Y/A
30WC6 NATIONAL ARPOLLUT ANT EMSSKM ESTMATEa 18j40- 1887
MARCH 1MO: B> A-48O/*-«^O22
One important component of the mobile source program is state and local vehicle inspection
programs, which require regular evaluations of emission control systems, often as a part of a State
Implementation Plan (SIP). These programs are designed to help identify gross polluters for
correction, and are themselves audited to insure that they are running efficiently and according to
design. For FY 1990, the mobile source program will audit 38 programs out of a national universe
of 40.
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AIR QUALITY. PLANNING. AND STANDARDS PROGRAM
AIR TOXICS
o For FY 1990, the development and submittal of "adequate" Multi-Year Development Plans
(MYDPs) are being tracked in STARS. Regions evaluate the submitted plans for adequacy and
negotiate with state and local agencies where there are problems. MYDPs are revised annually
to reflect progress and improvements in the air toxics program. The criteria for adequacy
changed annually as the program progressed, but now are more stable. MYDPs and their
implementation will be reported as either adequate or inadequate.
Ten adequate MYDPs were submitted this quarter against a target of three (333%). Regions
are targeted to receive 58 MYDPs from their states by the end of the year. Nationwide, 75
agencies are working on MYDPs.
ENFORCEMENT OF NESHAPs
o Compliance Rates - Of the 981 NESHAP (non-transitory) sources, 155 (16%) are either in
violation, in violation but meeting a compliance schedule, or the compliance status of the source
is unknown.
o Inspections - The Region and states accomplished 120% of their cumulative fourth quarter
ir ,pection commitment for NESHAP sources. (NOTE: inspection data for all pollutant
categories are lagged one quarter).
o Significant Violators - Twenty-nine NESHAP sources were identified at the beginning of the
quarter as being unaddressed significant violators. Of the 29, three were returned to compliance,
four were placed on schedules, and one had enforcement action commenced (of these, three were
addressed within 60 days of detection, and 22 of the unaddressed have been in violation more
than 90 days after detection). Seven new violators were identified during the quarter.
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AIR TOXICS PROGRAMS AND NESHAP ENFORCEMENT
As of December 31, 1989
ADEQUATE MULTI-YEAR DEVELOPMENT PLANS
I
IV
V VI
REGIONS
VI
VII
IX
30
25
20
15
10
5
0
NESHAP SIGNIFICANT VIOLATORS
(UNIVERSE: UNADDRESSED AT BOQ)
23
QUARTERS
Universe: 981 Operating Non-Transitory Sources
OAR-121. 122. 206 to 218
LEGEND
N COMPUANCE (3)
ON SCHEDULE (4)
ENF. ACTION (1)
PENDING (21)
Q1 1990 TARGET
(§88 Q1 1990 PERFORMANCE
-"- Q4 1990 TARGET
UNIVERSE
INSPECTIONS
(Fourth Quarter FY 1989)
I I I IV V VI VI VII IX X
REGIONS
Reporting on inspections is lagged one quarter.
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OZONE/CARBON MONOXIDE SIP REMEDIES
During FY 1990, STARS will track CO/ozone State Implementation Plan (SIP) remedies and states'
emission inventory development.
o A total of 141 final submittals to correct deficiencies in VOC (precursors to Ozone) rules were
received from state agencies by the end of first quarter 1990, against a target of 27. The majority
of these were late submittals from FY 1989. Clarification concerning the counting of deficiencies
within a regulation has reduced the total SIP universe.
o Twenty-two areas have submitted CO/ozone emission inventories (whole or in part) covering 16
states. States inventory the point, area and mobile sources in a given area. Areas can cover an
entire state or they can cover a portion of a state.
VOLATILE ORGANIC COMPOUNDS (VOC) ENFORCEMENT
o Compliance Rates - There are 4,909 Class A SIP and NSPS VOC sources in ozone
nonattainment areas. OAR reports that 693 (14%) sources are in violation, or in violation but
meeting a compliance schedule, or the compliance status of the source is unknown.
o Inspections - The Regions and states accomplished 154% of their cumulative fourth quarter FY
1989 inspection commitment for VOC Class A SIP and NSPS sources in ozone nonattainment
areas.
o Significant Violators - One hundred and fifty-seven VOC sources were identified as being
unaddressed violators at the beginning of the quarter. Of the 157, 16 were returned to
compliance, 15 were placed on acceptable schedules, and 12 had enforcement action commenced
(of these, 23 of these were addressed within 120 days of detection and 12 were addressed within
121-270 days alter detection). Of the remaining unaddressed violators, 27 have been in violation
for more than one year but less than two years, and 37 have been in violation for more than two
years. Forty-six new violators were identified during the quarter.
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OZONE/CO SIP REMEDIES AND VOC ENFORCEMENT
As of December 31, 1989
OZONE/CO SIPs
RNAL STATE SUBMITTALS
V VI
REGIONS
VI
VIH
IX
VOC SIQNFICANT VIOLATORS
(UNIVERSE UNADDRESSED AT BOQ)
2 3
QUARTERS
Universe: 4.909 Class A VOC Sources
OAR-41. 45, 141 to 161
LEGEND
I I IN COMPLIANCE (16)
ON SCHEDULE (15)
PWl ENF. ACTION (12)
PENDING (114)
125
100
75
50
25
0
Q1 1990 TARGET
Q1 1990 PERFORMANCE
Q4 1990 TARGET
UNIVERSE
INSPECTIONS (EPA & States)
(Fourth Quarter FY 1989)
I II IV V VI VI VIII IX X
REGIONS
Reporting on Inspections is lagged one quarter.
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PARTICIPATES
o For FY 1990, STARS tracks a number of varied PM10-related activities. These activities address
three types of PM10 areas, with Group I being the most polluted and Group III being the least.
o There were 58 Group I areas as of 10/1/89. One control strategy demonstration was completed
against a target of three (33%), and one public hearing was held in first quarter. STARS also
tracks the number of SIPs entering Headquarters' review as well as final SIPs that get published.
o There were 113 Group II PM,0 areas as of 10/1/89. STARS tracks those areas collecting
sufficient data for analysis, and whether attainment status has been demonstrated.
o There were 11 Group II and III PM|0 areas with violations as of 10/1/89. Three SIP
development plans were submitted (100% of those targeted). STARS is tracking control strategy
demonstrations completed, public hearings held, SIPs entering headquarters' review, and final SIPs
published. STARS is also tracking areas with new violations after 10/1/89.
PARTICIPATES ENFORCEMENT
o Compliance Rates and Inspections - There are 3,783 major particulates sources in Group I and II
areas, of which 306 (8%) 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 124%
of their cumulative fourth quarter inspection commitment for TSP Class A SIP and NSPS sources
in Group I and II areas.
o Significant Violators - Seventy-three TSP sources in Group I and II areas were identified as
unaddressed significant violators at the beginning of the quarter. Of the 73, nine were returned
to compliance, three were placed on schedules, and eight had enforcement action commenced (of
these, eight were addressed within 120 days of detection, and 12 were addressed within 121-270
days after detection). Of the remaining unaddressed violators, 21 have been in violation for more
than one year but less than two years, and 12 have been in violation for more than two years.
Nine new violators were identified during the quarter.
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100
75
50
25
0
PARTICULATES SIP DEVELOPMENT AND ENFORCEMENT
As of December 31, 1989
GROUP I CONTROL STRATEGY DEMONSTRATIONS
20
15
10
5
0
Q1 1990 TARGET
Egg Q1 1990 PERFORMANCE
Q4 1990 TARGET
I UNIVERSE
V VI
REGIONS
ADDRESSING SIGNFICANT VIOLATORS
(UNIVERSE: UNADDRESSED AT BOQ)
INSPECTIONS (EPA & States)
(Fourth Quarter FY 1989)
234
QUARTER
UNIVERSE 3.783 TSP SOURCES N GROUP I & I AREAS
OAR-80-84.161 to 175
IN COMPLIANCE (9) n
ON SCHEDULE (3)
ENF. ACTION (8)
PENDING (53)
III IV V VI VII VII IX X
REGIONS
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SULFUR DIOXIDE
o During FY 1990, OAR is working to complete 155 Sulfur dioxide-related SIP deficiencies. These
SIPs fall into three categories:
Regulations in response to EPA's revised Stack Height Rule published in July, 1985, of which
there are 31.
Unfinished SIPs for non-attainment areas (Part D SIPs), of which there are 15.
SIP revisions for attainment areas (Section 110 SIPs), of which there are 109.
o STARS will be tracking air quality meteorology, emissions data and modeling demonstrations
submitted, the number of public hearings held, the number of final plans submitted to Regional
Offices, SIPs entering Headquarters' review and those published as final SIPs.
SULFUR DIOXIDE ENFORCEMENT
o Compliance Rates - There are 286 sulfur dioxide (SO2) sources in SO2 nonattainment areas, of
which 90 (31%) are in violation, or in violation but meeting a compliance schedule, or the
compliance status of the source is unknown.
o Inspections - The Regions and states accomplished 260% of their cumulative fourth quarter
inspection commitment for SO2 Class A SIP and NSPS sources in SO2 nonattainment areas.
o Significant Violators - Thirty-four SO2 sources were identified at the beginning of the quarter as
being unaddressed significant violators. Of the 34, three were returned to compliance, two were
placed on schedules, and two had enforcement action commenced (of these, two were addressed
with 120 days of detection and one was addressed within 121-270 days after detection). Of the
remaining unaddressed violators, three have been in violation for more than one year but less
than two years, and three have been in violation for more than two years. Two new violators
were identified during the quarter.
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SULFUR DIOXIDE SIP DEFICIENCIES AND ENFORCEMENT
As of December 31, 1989
SO2 SIP MILESTONES
IX
(9)
V VI VII VIII
(58) (7) (6) (4)
REGIONS
UNIVERSE
NUMBER OF SIPs TARGETED TO ENTER HQs REVIEW BY EOY 1990
(ZZ2 NUMBER OF PUBLIC HEARINGS TARGETED TO BE HELD BY EOY. 1990
TOTAL
(155)
SO2 SIGMFICANT VIOLATORS
60
40
20
BOY 1 2
QUARTER
Universe: 251 SO2 Sources in N/A Areas
OAR-106 to 114
125
100
75
50
LEGEND 25
IN COMPLIANCE (5)
ON SCHEDULE (8) °
ENF. ACTION (15)
PENDING (24)
INSPECTIONS (EPA & States)
(Fourth Quarter FY 1989)
II IV V VI VI VII IX X
REGIONS
Reporting on inspections is lagged one quarter.
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AIR ENFORCEMENT COMBINED REPORT
SIGNIFICANT VIOLATORS
o There were 458 significant violators unaddressed at the beginning of the quarter. Of the 458, 56
were returned to compliance, 44 were placed on schedules, and 36 had action commenced. Of
those which were addressed, 61 were addressed within 120 days of detection and 31 were
addressed within 121-270 days of detection. Of the remaining unaddressed violators, 80 have
been in violation for more than one year but less than two years, and 60 have been in violation
for more than two years. The program identified 121 new significant violators during the quarter.
o One hundred and sixty-five significant violators are not a part of the pollutant-specific reports
discussed previously. Of these, 25 were returned to compliance, 20 were placed on schedules,
ant1 13 had enforcement action commenced. Of those addressed, 28 were addressed within 120
days and 14 within 121-270 days. Twenty-nine of the unaddressed violators have been in violation
for more than one year but less than two years, and eight have been in violation for more than
two years.
ENFORCEMENT ACTIONS
o Fourteen stationary source civil judicial actions were referred to DOJ during the first quarter.
The Regions also report issuance of 120 administrative orders (total includes 111 Asbestos
Demolition and Renovation orders issued in the fourth quarter). For FY 1989, the states
reported the referral of 96 civil cases and issuance of 1,139 administrative orders. One Clean Air
Act criminal case was referred to DOJ in the first quarter.
FEDERAL FACILITIES
o The air program identified 19 Federal facilities as significant violators at the beginning of the
quarter and three were returned to compliance, and eight were addressed during the year. Four
of the unaddressed violators have been in violation from one-two years, and two have been in
violation more than two years.
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AIR ENFORCEMENT COMBINED REPORT
As of December 31, 1989
500
400
300
200
100
0
ADDRESSING SK3MRCANT VIOLATORS
(UNIVERSE: UNADDRESSED AT BOO)
2 3
QUARTERS
20
LEGEND 15
N COMPLIANCE (56)
ADDRESSING FEDERAL FACILITIES VIOLATORS
(UNIVERSE: UNADDRESSED AT BOQ)
ON SCHEDULE (44)
ENF. ACTION (36)
PENDNG (322)
10
5
2 3
QUARTERS
CIVL
(CUMULATIVE - STATE DATA LAGGED 1 QUARTER)
12U
100
80
60
40
20
0
-
-
-
-
1
1
234
QUARTERS
ADMNSTRATIVE ORDERS
(CUMULATIVE - STATE DATA LAGGED 1 QUARTER)
1500
LEGEND
1000
MADE BY STATES
MADE BY EPA
500
OAR-195 to 199
2 3
QUARTERS
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ASBESTOS DEMOLITION AND RENOVATION PROGRAM
(NOTE: Data are lagged one quarter)
o In the fourth quarter of FY 1989, the EPA Regions report receipt of 3,001 notifications of
asbestos demolition, and the states reported receipt of 16,405 notifications.
o The Regions conducted 281 asbestos demolition and renovation inspections during the fourth
quarter and reported identification of nine substantive violations. The states conducted 5,485
inspections during the fourth quarter and reported 97 substantive violations.
o In the fourth quarter, EPA referred 15 civil actions and issued 111 administrative actions. States
referred 20 civil cases and issued 85 administrative actions.
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ASBESTOS DEMOLITION AND RENOVATION
As of September 30. 1989
(AU Data Lagged One Quarter)
DEMOLITION AND RENOVATION ACTIVITY
20000
NOTIFICATIONS INSPECTIONS VIOLATIONS
STATES
120
90
60
30
0
500
400
300
200
100
0
CML REFERRALS
(FY 1989 CUMULATIVE)
1 2 3
QUARTERS
ADMNSTRATIVE ORDERS
(FY 1989 CUMULATIVE)
OAR-185 to 198
EPA
1 2 3
QUARTERS
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RADIATION PROGRAM
RADON
o The radon program met or exceeded its targets for all six measures in the first quarter of 1990.
o Where indoor radon screening levels exceed 4 picocuries per liter (pCi/L), EPA currently
recommends appropriate action to bring the annual radon level under 4 pCi/L. In terms of
cancer risk, regular exposure to 4 pCi/L is the equivalent of smoking about five cigarettes per
day. Current survey results indicate that one in four homes in the United States has a radon
screening level greater than 4 pCi/L. Present U.S. population exposure to radon is enough to
cause about 20,000 lung cancer deaths annually.
o A radon survey carried out by the State of Connecticut indicates that 20% of the 1451 homes
studied have a radon screening level above 4 pCi/L. Similar studies in New Hampshire and
Alaska indicate that 28% and 15% respectively of the homes studied have radon levels above 4
pCi/L. In New Hampshire, four percent of the homes surveyed had levels above 20 pCi/L.
o The House Evaluation Program (HEP) offers a week-long course to state and private sector
representatives to assist the public in testing, mitigating, and evaluating radon mitigation
installations. Nine states participated in the program last year. This year OAR has targeted 11
states for the program.
o Mitigation/diagnostic training courses, offered by the three Regional Radon Training Centers,
provide information about radon testing and mitigation techniques to construction contractors,
new state or EPA staff, and the general public. The fourth quarter 1990 target is 21.
RADIOLOGICAL EMERGENCY RESPONSE
o Two of three targeted emergency response plans were reviewed this quarter. States and localities
develop these plans to prepare areas surrounding nuclear power plants in the event of an
accident. The Federal Emergency Management Agency (FEMA) and the appropriate EPA
Region review the plans. OAR has targeted 26 by the fourth quarter.
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RADON MITIGATION, TRAINING & STATE INITIATED SURVEYS
As of December 31, 1989
18
12
o
Q1 1990 TARGETS/ACHEVEMENTS
OAR-1-8
£23 STATE INITIATED SURVEYS COMPLETED THS QUARTER (3)
VTA MITIGATION/DIAGNOSTIC TRAINING COURSES OFFERED (15)
HOUSE EVALUATION PROGRAM (HEP) AND
STATE-SPONSORED HEP EFFORTS (6: MA 1; OH 3; L 2)
TARGET
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Office of Water
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OFFICE OF WATER
o Highlights
o Drinking Water Programs
-- UIC Permit Determinations
-- UIC Mechanical Integrity Tests
-- UIC Well Inspections
-- UIC Enforcement
PWSS Compliance and Enforcement
o Critical Habitats Programs
Ocean Dumping EISs and Site Designations
Wetlands Strategic Initiatives and Enforcement
o Surface Water Programs
-- Water Quality Assessment Activity
Municipal Pollution Control Programs
--NPDES Permit Programs
-- Pretreatment Programs
-- NPDES Significant Noncompliance
-- NPDES Response to Significant Noncompliance Exceptions
- NPDES Enforcement
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OFFICE OF WATER
FIRST QUARTER HIGHLIGHTS
o There were several successes this quarter:
Regions started seven wetlands strategic initiatives and resolved 48 wetlands cases.
Regions and States reissued an increased number of NPDES permits with water quality
based limits and individual control strategies for toxics. Starting this quarter, NPDES
permits with special conditions for sludge or near coastal waters were issued.
o Several issues have appeared:
Wetlands strategic initiatives seem to be taking longer than the projected three years to
complete.
Accurate reporting of outlays for construction and capitalization grants is hampered by
problems with the Integrated Financial Management System.
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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 delegated to a majority of 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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UIC CLASS I. II. III. AND V PERMIT DETERMINATIONS
To protect underground sources of drinking water (USDW), EPA requires all new underground
injection wells and some existing wells to undergo a permitting process. This measure tracks
permit determinations for both new and existing wells.
Well Primary Approx
Class Purpose Location Number
I Injection of Waste below lowest USDW Regions IV,V,VI 500
II Oil and Gas Production/Enhanced Oil Recovery Regions V,VI,VII 160,000
III Mineral Extraction Regions VI,VII,VIII 21,000
V 30 Types including Agricultural Drainage,
Sewage-related and Geothermal Reinjection Nationwide 180,000
MADE BY EPA
o The Regions have committed to making 515 permit determinations during FY 1990.
o For the first quarter, the Regions completed 105 permit determinations, 88% of their target of
119.
MADE BY PRIMACY STATES (DATA ARE LAGGED ONE QUARTER)
o In FY 1989, the primacy states completed 8,728 permit determinations, 133% of their target of
6,539.
o In FY 1988, the primacy states completed 7,946, 143% of their target of 5,553.
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UIC CLASS I, II, III, AND V PERMIT DETERMINATIONS
(NEW AND EXISTING)
EPA
As of December 31. 1989
PRIMACY STATES
As of September 30. 1989
DW-1
/VA7
600 -
500 -
400 -
300 -
200 -
100 J*
e\ »^^^
>
1
\
Q
.0 --""'
,0
1UUOU
8000
6000
4000
2000
0
/.*
9> ' '
234-o TARGET " 1 2
3 4
QUARTERS -- ACTUAL QUARTERS
Rl
Rl
Rl
RIV
RV
RVI
RVI
RVW
RIX
RX
Target
0
12
1
30
46
20
1
9
0
0
REGIONAL PERFORMANCE T .
Actual Target
0 - Rl 70
4 _ Those Regions showing Rl 41
3 + no targets for this R|| 27
44 + measure have ftfle or no RIV 167
2£ _ responstoitiea for permit RV 592
-« determinations in the given RVI 4 1 14
1O ii.
0 EPA or State programs . RV| 410
15 + RVII 189
0 _ RIX 858
0 RX 71
Actual
81 +
143 +
71 +
413 +
707 +
4.837 +
1.015 +
224 +
1.158 +
79 +
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UIC CLASS I. II. III. IV AND V 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 new and existing Class I and II
wells and some class III and V wells must demonstrate mechanical integrity within the first five
years, and every five years thereafter.
VERIFIED BY EPA
o For FY 1990, the Regions have committed to verify 2,826 MITs.
o For the first quarter, the Regions verified 807 MITs, 97% of their target of 830.
VERIFIED BY THE PRIMACY STATES (data are lagged one quartet
~ ~ ~" ₯r"1rl - Y LTI-r -..--.---- -m. _._.,!
o In FY 1989, the primacy states verified 31,666 MITs, achieving 112% of their target of 28,226
o In FY 1988, the primacy states verified 15,749 MITs, 85% of their target of 18,438.
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UIC CLASS I, II, III, AND V MECHANICAL INTEGRITY TESTS (MITs)
(NEW AND EXISTING)
EPA
As of December 31. 1989
0
0
large* Actual
DW-2
n
Rl
Rl
RIV
RV
RVI
RVI
RVNI
RIX
RX
0
80
175
150
120
45
0
260
0
0
0
59
195
143
126
21
0
260
3
0
35000
30000
O TARGET
-«- ACTUAL
REGIONAL PERFORMANCE
Those Regions showing
no targets for this
measure have Ittte or no
responsibity for MTTs
In the given EPA or State
PRIMACY STATES
As of September 30. 1989
Target Actual
Rl 0
Rl 0
Rl 0
RIV 40
RV 2.372
RVI 18090
RVI 2.382
RVII 768
RIX 4,504
RX 70
0
0
34
403
1.344
20.759
4.238
1.087
3.675
126
-
-
+
+
-
+
+
+
-
+
-33-
-------
UIC WELL INSPECTIONS
A UIC complete well inspection should include an assessment of: the wellhead, pressure and flow
meters, pipeline connections, and any other equipment associated with the injection system; an
inspection is completed only when a report has been filed with the regulatory authority.
VERIFIED BY EPA
o For FY 1990, the Regions have committed to verify 10,996 inspections.
o The Regions completed 2,200 inspections, achieving 93% of their target of 2,378.
VERIFIED BY THE PRIMACY STATES (data lagged one quarter)
o For the fourth quarter, the Regions completed 97,291 inspections, achieving 161% of their target
of 60,382.
o In FY 1988, the Regions completed 81,946 inspections, achieving 158% of their target of 51,969.
-34-
-------
12000
9000
6000
3000
UIC WELL INSPECTIONS
(NEW AND EXISTING)
EPA
As of December 31. 1989
.0
0
1 2 3
QUARTERS
0
PRIMACY STATES
As of September 30, 1989
100000
80000
60000
40000
20000
DW-2
0 TARGET
-+- ACTUAL
-35-
-------
UNDERGROUND INJECTION CONTROL ENFORCEMENT
SIGNIFICANT NONCOMPL1ANCE
o Based on field inspections, MITs and self-reporting 3.072 wells were identified by the end of the
first quarter as being in SNC (2,916 by the states and 156 by EPA). In FY 1989, 4.426 wells
(1%) of the total injection well universe (approximately 355.000) was in SNC at some time during
the year.
- 2,317 (75%) of the wells in SNC are in Region V.
ADDRESSING SIGNIFICANT NONCOMPLIANCE
o ODW now reports 69 wells on the exceptions list at the beginning of the quarter. (Exceptions list
includes wells in SNC for two or more quarters.) Of those 69 wells, one returned to compliance
and 17 received an enforcement action. The remaining 51 plus 29 wells coming on to the
exceptions list during the quarter, constitute a new pending balance of 80 wells to be addressed.
ENFORCEMENT ACTIONS
o In the first quarter, EPA proposed 19 administrative orders and issued 14 final orders.
o In FY 1989, the states issued 1,178 final orders and referred 22 civil actions to the State Attorneys
General.
(NOTE: Some State data are lagged one quarter)
-36-
-------
UNDERGROUND INJECTION CONTROL
RESPONSE TO SIGNIFICANT NONCOMPLIANCE EXCEPTIONS REPORT
As of December 31, 1989
100
90
80
70
60
50
40
30
20
10
0
SNC's ON RETURNED TO
EXCEPTION LIST COMPLIANCE
ON OCTOBER 1. 1989
RECEIVED
ENFORCEMENT
ACTION
PENDING
IN SNC FOR TWO QUARTERS
A IN SNC FOR MORE THAN TWO QUARTERS
DW-8
-37-
-------
PUBLIC WATER SUPPLY SYSTEMS
COMPLIANCE
o Of 58,659 Community Water Systems (CWS) systems, OW reports that 476 are in SNC tor
violations of microbiological, turbidity, total trihalomenthane MCLs and 354 are in SNC tor
violations of chemical and/or radiological MCLs.
o OW also reports that of the 25,936 nontransient noncommunity water systems (NTNCWS), 51
were in priority violation of microbiological, turbidity, total trihalomenthane MCLs and 24 were in
priority violation of chemical and/or radiological MCLs.
ADDRESSING PWSS SNC EXCEPTIONS REPORTING
o For the fourth quarter of FY 1989, 244 CWS were listed as SNCs for violations of microbiological,
turbidity, total trihalomethane, chemical and/or radiological maximum contaminant levels and/or
monitoring and reporting (M/R) requirements. Of these, 52 returned to compliance and 81 had
an enforcement action taken against them leaving 114 new exceptions. At the beginning of the
quarter, there were 758 CWS on the exceptions list (i.e., in SNC for two or more consecutive
quarters without returning to compliance or being addressed by an enforcement action). By the
end of the quarter, 179 systems had returned to compliance and 12 were addressed by an
enforcement action, leaving 565 exceptions to be addressed.
ENFORCEMENT ACTIVITY
o In FY 1989, the Regions proposed 293 administrative orders and issued 242 final administrative
orders including 14 complaints for penalty. In FY 1989, the states issued 582 administrative
compliance orders including 174 in the fourth quarter. The states also referred 144 civil cases to
State Attorneys General. In addition, the states filed 116 civil cases and ten criminal cases.
Thirty state civil cases and five criminal cases were concluded.
(*NOTE: Data are lagged one quarter)
-38-
-------
PUBLIC WATER SYSTEMS
RESPONSE TO SNC
EXCEPTIONS REPORT
As of December 31, 1989
MICRO/TURBIDITY
CHEMCAL/RAD
SNC* RETURN TO ENF. PENDING
COMPL. ACTIONS
400
350
300
250
200
150
100
50
SNC* RETURN TO ENF. PENDING
COMPL. ACTIONS
DW/E-3
* EXCEPTIONS AT START OF QUARTER
-39-
-------
-40-
-------
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 1990, three Critical Habitat programs are
tracked in STARS:
o The Ocean Dumping program regulates the disposal of all types of material that may adversely
affect the marine environment.
o The Chesapeake Bay program coordinates efforts by state and local governments to improve the
water quality and restore the living resources of the Chesapeake Bay (reported second and
fourth quarters).
o The Wetlands program develops Wetlands Strategic Initiatives which identify and protect
valuable and threatened wetlands with the assistance of federal, state, and local agencies.
o Wetlands protection also uses §404 of the Clean Water Act, which authorizes EPA to assess the
environmental impact of all discharges of dredged or fill material into U. S. waters, to bring civil
and criminal enforcement actions against illegal dischargers.
While not tracked in STARS, EPA has a number of other Critical Habitat programs, including the
Great Lakes, National Estuary, Near Coastal Waters, and Ocean Discharge programs.
-41-
-------
OCEAN DUMPING
EPA is responsible for the designation 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
takes two to three years to complete through the final action stage. The process includes an
Environmental Impact Statement (EIS) of the effects ocean dumping would have on the local
marine environment, and a subsequent determination if ocean dumping is the preferred disposal
option. Under a 1987 agreement with the COE, EPA plans to take final action on all existing
proposed sites by 1991.
FINAL ENVIRONMENTAL IMPACT STATEMENT ISSUANCE
o The Regions committed to issuing 12 final EISs in FY 1990. The first quarter, Regions II and
VI completed one final EIS each, meeting the national target of two.
FINAL ACTIONS
o Final actions tracked include proposed dredged material sites approved or disapproved for
designation. They also include previously designated dredged material sites cancelled (i.e de-
designated) or allowed to expire.
o For FY 1990, the Regions committed to completing 12 site designations. This quarter, Regions
II and VI made one site designation each, against a national target of three.
-42-
-------
14
12
10
8
6
4
2
0
FINAL EIS ISSUED
2 3
QUARTER
OCEAN DUMPING
As of December 31, 1989
25
20
15
10
WQ-1
LEGEND
38 TARGET
ACTUAL
FINAL ACTIONS
2 3
QUARTER
* NATIONAL
200
150
100
PROPOSED FINAL
SITES ACTIONS
* DATA SOURCE INCLUDES
1989 REPORT ON OMEP
ACTIVITIES AND PROGRAMS.
-43-
-------
WETLANDS PROGRAM
WETLANDS STRATEGIC INITIATIVES
In recent years, EPA has been working to develop a more comprehensive and anticipatory approach
to wetlands protection that complements the §404 dredge and fill program. Accordingly, strategic
initiatives are developed to carry out long-term, geographically-focused protection efforts in
conjunction with federal, state and local agencies. A strategic initiative may include 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 1990. This quarter, seven
wetland strategic initiatives were started, against a target of three. These initiatives include:
Wetlands advance identification;
Creation of a wetlands mitigation bank for Superfund sites; and
Agricultural community public outreach.
o In FY 1988 and 1989, there were 33 wetlands advance identifications or strategic initiatives
started, of which seven have been completed to date.
WETLANDS §404 (DREDGE AND FILL) ENFORCEMENT ACTIONS
o This quarter, EPA issued 28 wetlands administrative orders including six for penalties. Also,
EPA has referred one civil case and two criminal cases to DOJ, and resolved 48 cases.
-44-
-------
WETLANDS
As of December 31, 1989
20
15
10
STRATEGIC INITIATIVES
STARTED
2 3
QUARTERS
LEGEND
TARGET
WQ-2.WQ/E-1
ACTUAL
150
100
50
ADMMISTRATIVE ORDERS
COMPLETED
28
22%
234
QUARTERS
LEGEND
AOs WITHOUT PENALTIES
AOs WITH PENALTES
-45-
-------
-46-
-------
SURFACE WATER PROGRAMS
Surface water programs include: water quality standards, planning and assessments
activities; municipal pollution control construction grants and state revolving fund
capitalization grants; and NPDES permit reissuance, and pretreatment programs.
o Water quality standards, planning and assessments work reported in the first
quarter is limited to EPA review of the states' actions on Section 304(1) lists. These
lists provide an increased body of knowledge on waterbody conditions nationwide.
The 304(1) short list, waters impaired due to toxic pollutant discharges, is used to
determine where an Individual Control Strategy in an NPDES permit is required.
o Municipal pollution control programs are shifting their emphasis from
construction grants to state revolving fund capitalization grants. Outlays and
administrative completions are tracked quarterly and performance evaluated in this
report.
o NPDES permit activity reported in STARS includes permitting of major facilities,
repermitting with water quality based controls and repermitting with Individual
Control Strategies (ICS). This quarter, permits to sludge producing facilities and
permits for facilities discharging to near coastal waters are tracked in STARS for the
first time. EPA and delegated states also report pretreatment auditing and
inspection activity.
-47-
-------
WATER QUALITY ASSESSMENT ACTIVITIES
Section 304(1) of the Clean Water Act requires lists of waters where water quality cannot be
attained or maintained after compliance with technology based controls, pretreatment and
new source performance standards.
These lists also identify facilities discharging toxic pollutants and the waters impaired by
these toxic discharges. EPA reviews, revises where necessary, and approves these lists.
o To date, the states and EPA have assessed 18,388 waterbodies nationwide. In
addition, 583 waterbodies are impaired due to toxic discharges from 789 facilities.
o This quarter 5 states were targeted for final regional approval action. Performance
exceeded the target by two states. Final EPA approval action for all 57 states is
expected in FY 1990.
-48-
-------
STATUS OF 304(1) APPROVALS
As of January 1990
UNDER REGIONAL REVIEW
REGIONAL REVEW/REVISIONS MADE
FINAL REGIONAL ACTION COMPLETED
-49-
-------
MUNICIPAL POLLUTION CONTROL PROGRAMS
In FY 1990, EPA has authority to obligate almost 2 billion dollars for grants to fund
wastewater treatment facilities. We continue to move toward increasing state flexibility in
financing wastewater treatment facilities and other water related projects. FY 1990 will be
the last year in which new funds will be appropriated for construction grants, and funds
for capitalization grants to state revolving funds are projected to be made available
through FY 1995. States can loan state revolving fund monies to estuarine and nonpoint
source projects, but to date most projects continue to be for wastewater treatment.
NET OUTLAYS
o Nationally, STARS data shows net outlays at 94.4% of target. (Based on Treasury
disbursements, net outlays are within the + or - 5% window.) In the first quarter
89.2% of total outlays was for construction grants, and 10.8% was for state revolving
funds. Regional performance in meeting outlay targets is erratic, only Region 7 is
within the + or - 5% window.
ADMINISTRATIVE COMPLETIONS
o There are about 6,000 projects in the construction grant pipeline. Administrative
completions represent the stage in a construction grant project just prior to the final
audit and audit closeout. About 1,100 projects are targeted for completion this year.
First quarter performance was 57% of target. Region 5 is below 25% of target.
-50-
-------
oc
<
120
100
80
60
20
0
NET OUTLAYS
FOR CONSTRUCTION GRANTS AND
STATE REVOLVING FUNDS
MUNICIPAL POLLUTION CONTROL
As of December 31, 1989
P
IZ] + or - 5%
I I B IV V VI VI VII IX X NATIONAL
REGIONS PROGRAM
ADMINISTRATIVE COMPLETIONS
50
co
H
S 30
&20
10
0
II
UNIVERSE OF ADMINISTRATIVE COMPLETIONS
CO
ft
320
240
INVERSE 80
WQ-8.9.10
80
O
0
O
I I III IV V VI VM VIII IX X
REGIONS
LEGEND
0 FY 1989
-- FY 1990
LEGEND
T77\ TARGET THIS QUARTER
COMPLETED THS QUARTER
I III IV V VI VII VII IX X
109 165 153 226 108 85 70 72 24
-51-
-------
NPDES PERMIT PROGRAMS
The National Pollutant Discharge Elimination System (NPDES) controls point sources of
pollution in the nations waters. Under the authority of the Clean Water Act, EPA and 39
delegated states administer 70,000 facilities in the country.
PERMITS REISSUED
o States reissue most permits to major municipal and industrial facilities. In the first
quarter, EPA reissued 33 against a target of 35 and the delegated states reissued 130
against a target of 189. While State performance is 69% nationwide; it varies
between regions, with states in 4 regions reporting at less than 50% of target.
PERMITS WITH TOXIC LIMITS
o STARS tracks the number of permits reissued or modified to limit priority toxic
pollutants from point sources. EPA issued 25 and the States issued 106 permits with
water quality based limits in the first quarter. States issued 22 permits with
Individual Control Strategies.
SLUDGE PERMITTING
o These permits implement EPA's interim permitting strategy for sludge use and
disposal pursuant to section 405(d)(4) of the Water Quality Act of 1987. In the first
quarter, 37 of the targeted 54 priority sludge facilities were permitted. Of the 7
regions with targets, only Region 10 failed to issue any sludge permits.
NEAR COASTAL WATERS PERMITTING
o This quarter, EPA and the states issued 180 permits to facilities discharging into
marine and estuarine waters. These permits are designed to control the discharge of
bioaccumulative and persistent toxicants.
-52-
-------
NPDES PERMIT PROGRAM
As Of December 31, 1989
MAJOR PERMITS
REISSUED. EPA
MAJOR PERMITS
REISSUED. STATES
C\J
15
10
5
n
l-
-
;
iii m
Y\
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'
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7
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^
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5
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-
-
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Ti
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^
^
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(7
/
/
/
/
/
;
-
/ /
i^lLm^
REGIONS
TOXIC LIMITS PERMITS
EZ3 TARGET
PERFORMANCE
I I IV V VI VII VII IX X
REGIONS
SLUDGE PERMITS
MAJOR & MNOR PERMTS REISSUED WITH MAJOR & MINOR PERMITS
WATER QUALITY BASED UMTTS WITH ICS
NP-1
<£U
90
60
30
0
-
i-
,
r>
T A
fr~
c\
zo
20
15
10
5
0
-
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15
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TARGET
COMPLETED
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II IV V VI VII VII IX X
REGIONS
-53-
-------
PRETREATMENT PROGRAMS
o Pretreatment programs assure that POTWs implement and enforce controls need to
protect human health, the environment and treatment works from conventional
and toxic pollutants and hazardous wastes. There are 1,429 POTWs with
pretreatment programs, with EPA responsible for 621 and approved states for 808.
To assure adequacy of the program, an audit or inspection is performed every year.
AUDITS
o Audits in the first quarter exceeded targets. EPA performed 14 audits against a target
of 12 and states performed 43 against a target of 33. *
INSPECTIONS
o Inspections performed this quarter also exceeded targets. There was a target of 37 for
EPA and performance was 43. States inspected 135 facilities against a target of 106.
-54-
-------
PR-1
PRETREATMENT PROGRAMS
As Of December 31, 1989
CO
60
50
40
&
o: 30
20
10
AUDITS - EPA AND STATES
EPA
STATES
TARGET THIS QUARTER
PERFORMANCE THIS QUARTER
150
CO
0,00
50
INSPECTIONS - EPA & STATES
EPA STATES
I I TARGET FIRST QUARTER
Ulill PERFORMANCE FIRST QUARTER
-55-
-------
NPDES SIGNIFICANT NONCOMPLIANCE
o Of the 7,377 total NPDES facilities, 562 (8%) were in SNC during the first quarter.
o Overall. 95% of major industrials are not in Significant Noncompliance (SNC). For major
industrials, 3,234 of 3,446 facilities (94%) have achieved Final Effluent Limits (FEL). Of 3.234
facilities on FEL, 161 (5%) are in SNC. Of 212 facilities on Construction or Interim Effluent
Limits (CS/IEL), 17 (8%) are in SNC.
o Overall, 90% of major municipals are not in SNC. For major municipals. 3.290 (87%) of 3.781
facilities have now achieved FEL. (For comparison in the fourth quarter of FY 1986, only 68%
of major municipals had achieved FEL.) Of 3.290 facilities on FEL, 260 or 89c are in SNC. Of
491 facilities on CS/IEL 106 (22%) are in SNC.
o Overall, 88% of major federal facilities are not in SNC. For major federal facilities. 137 (91%) of
150 facilities have achieved FEL. Of 127 facilities on FEL. 15 (11%) are in SNC. Of the 13
facilities on CS/IEL, three (23%) are in SNC.
NPDES INSPECTIONS
o For coverage of major NPDES facilities, the Regions and states conducted 1.645 inspections
against a first quarter target of 1.309 for 126% of the aggregate national target. Five Regions (II.
Ill, IV, V and VII) exceeded their target while the other five fell short. This year's annual
inspection target is 7,048 facilities.
-56-
-------
12
10 -
8
6 -
4 -
NPDES SIGNIFICANT NONCOMPLIANCE
As of December 31, 1989
INDUSTRIAL
MUNICIPAL
15
10
I I I IV V VI VI VI IX X NATIONAL
REGIONS
I I I IV V VI VU VII IX X NATIONAL
REGIONS
LEGEND
3 SNCCS/EL
SNCFEL
WQ/E-4.5
-57-
-------
RESPONSE TO SIGNIFICANT NQNCOMPLIANCE
EXCEPTIONS REPORT
o The percentage of major industrial, municipal and federal facilities in SNC for two or more
consecutive quarters without being addressed or returned to compliance is at 2%. There are 49
facilities (10 industrial. 37 municipal and two Federal) that have been in SNC for a year or more
without being addressed. This is a decrease from 74 at the beginning of last year. Region II (15)
and Region IX (10) have the most facilities in SNC for a year or more.
For major industrials, of 56 facilities from last quarter's exceptions list. 32 have returned to
compliance (RTC) and eight have enforcement actions initiated. The remaining 16 plus 33
new significant noncompliers on the exceptions report constitute the pending balance of 49.
One and a half percent of the 3,446 major industrial facilities are pending on the exceptions
report.
For major municipals, of 133 facilities from last quarter's exceptions list. 60 have returned to
compliance and 20 have had enforcement actions initiated. The remaining 53 plus 50 new
significant noncompliers on the exceptions report constitute the pending balance of 103.
Three percent of 3,781 major municipal facilities are pending on the exceptions report.
o Of the nine Federal facilities from the last quarter's exceptions list, three were returned to
compliance and two had enforcement actions initiated. The remaining four plus two new
significant noncompliers on the exceptions report constitute the pending balance of six facilities.
Four percent of all major Federal facilities (150) are pending on the exceptions report. Two
Federal facilities have been in SNC for at least a year.
-58-
-------
15
12
9
6
RESPONSE TO SIGNIFICANT NONCOMPLIANCE
EXCEPTIONS REPORT
As of December 31, 1989
MAJOR IOUSTRIALS MAJOR MUNICIPALS
NATIONAL
75
60
25
1
Q1 Q2 Q3 04
40
35
30
25
20
15
10
I IV V VI VI VI IX X
REGIONS
i i iv v vi vy vii ix x
REGIONS
WQ/E-6.7
LEGEND
I I RETURNED TO COMPLIANCE
Y7A ENFORCEMENT ACTION
UNADDRESSED
-59-
-------
NPDES ENFORCEMENT ACTIVITY
o In the first quarter, EPA issued 334 administrative orders compared to 302 and 188 in the first
quarter during the last two years. These orders include 23 tor failure to implement a
pretreatment program and 33 proposed penalty orders. The states issued 168 orders compared to
195 in the first quarter last year.
o In the first quarter, the Regions referred four NPDES civil cases to DOJ compared to 11 last
year, plus one Pre-Referral Negotiations Case. The states referred 36 civil cases this year
compared to 68 in the first quarter last year.
o The Regions referred seven Clean Water Act criminal cases and the states filed 17 criminal cases
in state courts.
o During FY 1990, EPA has had 218 cases in the active civil docket. As of the end of the quarter.
79 cases were at DOJ, 105 cases were filed by DOJ, nine cases were concluded, and 25 cases had
been returned to the Regions. The states have an active civil docket of 731 cases (includimz 493
in Region V).
-60^
-------
NPDES ENFORCEMENT ACTIVITY
CUMULATIVE
As Of December 31, 1989
ADMNSTRATIVE ORDERS
200
150 -
100
60
I I I IV V VI VI VI IX
REGIONS
CIVIL REFERRALS
15
10
LEGEND
-
,
NATIONAL
100
75
7-
/
z
0
IJ
7
'
/
\
\
50
25
1,1
1 IV V VI VI
REGIONS
0
Q
|
VIII
/
1 Q2 Q3 Q4
IX X
STATES
WQ/E-6.9
-61-
-------
-62-
-------
-------
-------
Office of Pesticides and
Toxic Substances
-63-
-------
-64-
-------
OFFICE OF PESTICIDES AND TOXIC SUBSTANCES
o Highlights
o Pesticides Program
Establishment of Requirements in Data Call-ins
Pesticide Special Reviews
Pesticide Registration Applications
Emergency Exemptions for Pesticides
Pesticide Tolerance Petitions
o Toxics Program
New Chemical Reviews
ASHAA Close-Outs
EPCRA Outreach Initiatives
Asbestos Accreditation Programs
o Enforcement
-- FIFRA
~ TSCA
-- EPCRA
-65-
-------
-66-
-------
OFFICE OF PESTICIDES AND TOXIC SUBSTANCES
FIRST QUARTER HIGHLIGHTS
o OPTS exceeded many of their first quarter targets. Targets were exceeded for:
-- Special Reviews (completed three against a target of two).
-- Emergency Exemptions (43 final decisions completed against a target of 40).
- Tolerance Petitions (17 final decisions made against a target of 10).
o The Regions continue to work with industry, State/local agencies, and the general public to
inform them of Section 313 of the Emergency Planning/Community Right to Know Act program
requirements.
*
o The States conducted 156 Asbestos accreditation programs during first quarter.
o OPTS published the FRM on PCB Manifesting and Notification in the Federal Register on
December 21, 1989.
-67-
-------
OFFICE OF PESTICIDES PROGRAMS
ESTABLISHMENT OF COMPREHENSIVE DATA REQUIREMENTS
IN DATA CALL-INS (REGISTRATION STANDARDS)
In FY 1990, OPTS expects to establish 106 comprehensive data requirements in data call ins. The
comprehensive data requirements will be reported as follows:
List A consists of pesticide active ingredients for which Registration Standards have been issued as
of December 24, 1988. OPTS will be reporting on the mail out of a Data Call In (DCI) as a result
of the List A inventory. The other three lists (Lists B. C. and D) are to include all other active
ingredients contained in a product first registered before November 12, 1984, for which Registration
Standards have not been issued.
Reregistration of these chemicals will be accomplished in the following phases:
Phase 1. EPA is required to publish lists of pesticide active ingredients subject to reregistration and
to ask registrants of pesticide products containing those active ingredients whether they intend to
seek reregistration.
Phase 2. Registrants inform EPA of intent to seek reregistration, comply with data requirements
and pay first portions of reregistration fee.
Phase 3. Registrants submit required existing studies and pay final reregistration fee.
Phase 4. Independent EPA review of registrant submissions and identification and call in of any
additional data requirements.
Phase 5. EPA conducts reregistration review of each active ingredient and takes appropriate
regulatory action.
o OPTS did not address any List A chemicals in the first quarter, therefore, missing its first
quarter target of three. This is due to change in program emphasis to focus efforts on
identifying chemicals subject to suspension.
-68-
-------
ESTABLISHMENT OF COMPREHENSIVE DATA REQUIREMENTS
IN DATA CALL INS
(CUMULATIVE)
As of December 31, 1989
120
100
80
60
40
20
.......0
....-&""""
2
QUARTERS
O TARGET
-- ACTUAL
O
-69-
-------
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 three special reviews during the first quarter against a target of two.
REVIEW
Daminozide
EBDC's
2,4-D
TYPE OF DECISION
PD-2 Decision
PD-2/3 Decision
Federal Register publication
-70-
-------
PESTICIDE REVIEWS
As of December 31, 1989
CO
15
10
«! 5
I
PESTICIDE SPECIAL REVIEW DECISIONS
CUMULATIVE NUMBER COMPLETED
.0
QUARTERS
LEGEND
0 TARGET
ACTUAL
-0
.0
-71-
-------
PESTICIDE REGISTRATION APPLICATIONS
o OPTS met or exceeded targets for all categories during first quarter.
New Uses - 22 final decisions were made against a first quarter target of 10.
New Active Ingredients - OPTS met their first quarter target of two final decisions
Amended Registrations - 798 final decisions have been made against a first quarter target of
550.
Old Chemicals - 487 final decisions have been made against a target of 340 this quarter.
o The pesticide registration application backlog increased for two categories, decreased for one
category and remained constant for one category during first quarter (from 3,027 at the end of
FY 1989 to 3,083 first quarter FY 1990). Backlogs are as follows:
There was an increase for:
New Uses from 55 to 78
Amended Registrations from 1,810 to 1,894
There was a decrease for:
Old Chemicals from 1,159 to 1,108
There was no change for:
New Active Ingredients from 3 to 3
-------
PESTICIDE REGISTRATION APPLICATIONS
NUMBER OF FINAL DECISIONS
(CUMULATIVE)
As of December 31, 1989
ACTIVE INGREDIENT NEW USES
OVERDUE ACTIONS
5000
800 r
600
400
200 -
3750
2500
1250
LEGEND
TARGET
ACTUAL
AMENDED
REGISTRATION
OLD
CHEMICALS
90
1 2 3
QUARTERS
-73-
-------
-74-
-------
EMERGENCY EXEMPTIONS FOR PESTICIDES
An emergency exemption is granted by a Federal or state agency if EPA determines that emergency
conditions exist (e.g., pest outbreak is identified and no effective pesticide is registered for a
particular use).
o This quarter OPTS made 43 final decisions, exceeding their target of 40. Of these, 39
exemptions were issued and 4 were denied. Thirty-six actions were overdue at the end of the
first quarter.
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 During first quarter, OPTS made final decisions on 17 tolerance petitions, exceeding their first
quarter target of 10. Seventy-nine actions were overdue at the end of first quarter.
-75-
-------
-76-
-------
OFFICE OF TOXIC PROGRAMS
TSCA NEW CHEMICAL REVIEWS
o Valid New Chemical Notices Received - 478 new chemical notices have been received this
quarter. OPTS anticipated receiving 2790 new chemical notices this fiscal year.
Of the 478 received, 319 are PMNs, which includes one biotechnology PMN. 159 were valid
exemption notices (i.e., polymer exemptions, low volume exemptions, and test market
exemption applications).
o Control Actions - 31 control actions (action taken on new chemicals which pose a threat to
public health or the environment) have been taken this quarter. Twelve 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 3 were exemptions which were denied.
OPTS expects to receive and address 170 control actions this fiscal year.
o Notices of Commencement (NQQ - 226 NOCs have been received this quarter.
-77-
-------
-78-
-------
ASHAA CLOSE-OUT SITE EVALUATION
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, 88 or 89) by confirming that abatement assistance was actually disbursed to
designated school projects and that abatement work was accomplished.
SITE-EVALUATIONS
REGION COMPLETED
I 32
II 4
III 5
IV 16
V 12
VI 5
VII 22
VIII 13
IX 1
X 0
TOTAL 110
-79-
-------
EPCRA - NUMBER OF TECHNICAL ASSISTANCE
OR OUTREACH WORKSHOPS CONDUCTED TO INDUSTRY
The Regions are to report quarterly on the number of technical assistance or outreach workshops
they conduct for the regulated community to inform the audience about Section 313 of the
Emergency Planning/Community Right to Know Act (EPCRA).
o During first quarter, the Regional Offices conducted 78 workshops. Region VII conducted 58 of
the 78. The breakdown by Region is as follows:
WORKSHOPS
REGION CONDUCTED
I
II
III
IV
V
VI
VII
VIII
IX
X
TOTAL
0
2
1
2
1
11
58
3
0
0
78
-80-
-------
EPCRA - NUMBER OF OUTREACH ASSISTANCE WORKSHOPS
CONDUCTED FOR/MADE TO GOVERNMENT AGENCIES
AND THE GENERAL PUBLIC
The Regional Offices are to make presentations to make these groups aware of Section 313
program requirements. During first quarter four Regions held a total of 17 workshops. Region I
held 5, Region II, 3; Region VI, 8 and Region VIII, I.
-81-
-------
-82-
-------
EPCRA - NUMBER OF PRESENTATIONS
MADE TO GOVERNMENT AGENCIES AND THE GENERAL PUBLIC
The Regional Offices are to make presentations (e.g., speeches, discussions) to inform the audience
of any aspect of the Section 313 program. These types of presentations are minimal compared to
conducting outreach assistance workshops. During first quarter, the Regions made 31 presentations.
The Regional breakdown is as follows:
OUTREACH ASSISTANCE
REGION WORKSHOPS
I 8
II 2
III 1
IV 1
V 3
VI 7
VII 5
VIII 0
IX 2
X _2_
TOTAL 31
-83-
-------
APPROVED STATE OR TERRITORY ASBESTOS ACCREDITATION
PROGRAMS
The Regions are to report on the status of State programs for each of the disciplines (i.e., worker,
contractor/supervisor, inspector/management, and project designer).
o During first quarter, the States conducted 156 accreditation programs as follows:
Reizion
I
II
III
IV
V
VI
VII
VIII
IX
X
Worker
2
4
2
2
4
12
2
0
23
0
Contractor/
Supervisor
2
6
2
0
2
11
2
0
21
1
Inspector/
Management
2
6
1
1
0
8
1
0
29
1
Project
Designer
2
3
1
0
0
0
1
0
1
1
TOTAL 51 47 49
-84-
-------
ASBESTOS ACCREDITATION PROGRAM
The Regions are to report on the number of course audits performed for full approval of asbestos
training courses which had previously been granted contingent approval. Regional representatives
must determine that the course meets the criteria set forth in the EPA Model Accreditation Plan.
o During first quarter Regions conducted the following audits:
AUDITS FOR CONTINGENTLY
REGION APPROVED COURSES
I 0
II 11
III 3
IV 8
V 6
VI 4
VII 3
VIII 4
IX 0
X 2
TOTAL 41
-85-
-------
STATUS OF REMAINING OPTS MEASURES
Other OPTS measures with fourth quarter targets or reports and a status follows:
(T-3) Activities Related to Regulatory Investigations And Risk Management Actions. OPTS met
their first quarter target of one. The FRM on PCB Manifesting and Notification was
published in the Federal Register on December 21, 1989.
(T-4) Public Access to Section 313 Toxic Release Inventory (TRI) Data. OPTS is to report
quarterly on actions taken to make TRI data available through online and "other means."
The National Library of Medicine's Toxnet system will be used at the method to disseminate
the data online. In addition, EPA will produce and market the TRI data via computer
tapes, compact disks, microfiche and computer diskettes. No activity was reported in this
area during first quarter.
(T-5) Section 313 Toxic Release Inventory (TRH Facility Audits. OPTS is to report quarterly on
audits of facilities that have filed Section 313 forms. At the end of first quarter, no audits
have been completed.
-86-
-------
REGULATORY INVESTIGATIONS AND RISK MANAGEMENT ACTIONS
(CUMULATIVE)
As Of December 31, 1989
10
8
,0
0-
0"
QUARTERS
LEGEND
0 TARGET
-- ACTUAL
-87-
-------
FIFRA COMPLIANCE MONITORING INSPECTIONS
AND COMPLIANCE LEVELS
(*NQTE: State data are lagged one quarter.)
o In FY 1989, the states completed 27,392 FIFRA use and restricted use pesticide dealer
inspections, completing 189% of their state grant targets. Based on these inspections, the states
reported taking 7,010 enforcement actions through the fourth quarter, representing a violation rate
of 26% for "use" inspections. In FY 1988, the states completed 31,154 inspections, with 6.571
enforcement actions taken and a violation rate of 21%.
o In the first quarter of FY 1990, Regions VII and VIII. with non-delegated programs, completed a
total of 55 use and restricted use dealer inspections, achieving 96% of their targets.
ADDRESSING FIFRA SIGNIFICANT NONCOMPLIANCE
o In the first quarter, the Regions referred 22 significant use violations to the states for investigation
and enforcement action. Fifteen were referred in the first quarter of FY 1989.
o The Regions also identified 21 significant violator cases for EPA action.
FIFRA ENFORCEMENT ACTION
o The Regions issued 19 administrative complaints in the first quarter of FY 1990, compared to 51
a year "go. In the first quarter of FY 1990, two FIFRA cases were referred to DOJ and one to
Headquarters. No FIFRA criminal cases were referred.
-------
125
40
30
20
10
"USE" NSPECTION LEVELS
(DATA LAGGED ONE QUARTER)
FIFRA COMPLIANCE AND ENFORCEMENT
As Of December 31, 1989
COMPLIANCE STATUS
IV V VI VII VI IX X
REGIONS
REFERRALS TO STATES
1
2 3
QUARTERS
P/E-1.3.4
(7) CD ADDRESSED WITHM TMEFRAME
(12) K3 PENDNG WITHN TIMEFRAME
(3) Z2 ADDRESSED BEYOND TIMEFRAME
(0) NOT ADDRESSED BEYOND TIMEFRAME
125+
TARGET
27.392 USE
INSPECTIONS
CONDUCTED
(25%)
(75%)
VIOLATION WITH ACTION TAKEN
NO ACTION WARRANTED OR
COMPLIANCE DETERMINATION
PENDING.
EPA CASES AND REFERRALS FROM STATES
VIOLATION PENDNG CASES CASES
DETECTED ENFORCEMENT ADDRESSED CLOSED
ACTION
(21) (20) (1) (0)
-89-
-------
TSCA INSPECTIONS AND COMPLIANCE LEVELS
o The Regions and Headquarters completed 106% erf their first quarter target for TSCA compliance
inspections by conducting 341 inspections versus a target of 322. States with inspection grants
conducted 473 inspections, or 105% of the states' first quarter target. Of the total 814 inspections
completed during the first quarter. 101 (12%) were in compliance, 664 (829c) were pending a
compliance determination, and 49 (6%) were in violation. The number of initial EPA Regional
and state grant inspections conducted for PCB disposal facilities was 16, or 80% of the first
quarter target. Initial inspections conducted for broker/storage facilities total 27, or 159% of the
first quarter target (only initial inspections are targeted).
RESPONSE TO TSCA SIGNIFICANT NONCOMPLIANCE
o At the beginning of the year, the Regions had 660 SNC cases on the fixed base. Of this total.
462 are pending issuance of enforcement action and 198 are opened (issued but not closed). At
the end of the first quarter, 25 of the pending cases were issued and 31 of the total 660 cases at
the BOY were closed. In the first quarter of FY 1990, the Regions identified eight new
significant violators based on FY 1990 inspections and one case was issued in the first quarter.
OPTS will begin to monitor targets in the second quarter when the 180 day timeframe is passed.
o For Federal facilities, 34 TSCA SNC cases were identified at the BOY. Of the total, 22 were
open (issued but not closed) and 12 are pending enforcement actions. At the end of the first
quarter, seven pending cases were issued and 10 of the total 34 cases were closed. The Regions
did not identify any new significant violators during the first quarter based on FY 1990
inspections.
TSCA ENFORCEMENT ACTIVITY
o In the first quarter, the Regions issued 65 administrative complaints compared to 102 a year ago.
One TSCA civil case was referred to DOJ in the first quarter and no criminal cases were
referred.
-90-
-------
TSCA COMPLIANCE AND ENFORCEMENT
As Of December 31, 1989
TSCA FEDERAL AND STATE INSPECTIONS PCB INSPECTIONS
125 i m-m-m mrm r - -125+ 125
>§
100
75
I
50
25
TARGET 100
fc* 75
<
>-
50
1-
125+
TARGET
I EPA
VTA STATE
I I I IV V VI VI VI IX X HQ
REGIONS
TSCA SIGMFICANT VIOLATORS RXED BASE
(PRE FY 1990 CASES)
700
600
g 500
g 400
fc 300
200
100
0
I I II IV V VI VI VI IX X
REGIONS
PC8 DISPOSAL FACILITY
EZZl PCS BROKER/STORAGE FACILITY
T/E-1.3.6
BOY OPEN PENDING PENDING CASES
TOTAL CASES CLOSED
ISSUED
-91-
-------
EPCRA INSPECTIONS AND COMPLIANCE LEVELS
o In the first quarter of FY 1990, the Regions and Headquarters completed 171 EPCRA inspections
or 113% of their target. Of the total 171 completed inspections this quarter, 42 (25%) were in
compliance, 93 (54%) were pending a compliance determination and 36 (21%) were in violation.
RESPONSE TO EPCRA SIGNIFICANT NONCOMPLIANCE
o At the beginning of the year, the Regions had 201 significant noncomplier cases on the fixed base.
This total includes 62 open cases (issued but not closed) and 139 pending issuance of enforcement
action. At the end of the first quarter, 31 of the pending cases had been issued and nine of the
total 201 cases at the BOY had been closed.
o The Regions identified 38 new significant violators based on FY 1990 inspections. Five cases
were issued in the first quarter. OPTS will begin to monitor targets in the second quarter when
the 180 day timeframe is passed.
EPCRA ENFORCEMENT ACTIVITY
o
In the first quarter of FY 1990, the Regions issued 42 administrative complaints. No civil
refer, als were referred during the first quarter of FY 1990.
-------
E/E-1-3
EPCRA COMPLIANCE AND ENFORCEMENT
As Of December 31, 1989
EPCRA FEDERAL INSPECTIONS
125
100
75
50
25
225
200
175
co 150
O 125
100
75
50
25
0
SIGNIFICANT VIOLATORS FIXED BASED
(PRE FY 1990 CASES)
I I HI IV V VI VI Vi IX X
REGIONS
TOTAL OPEN PENONG PENDING CASES
BOY CASES CLOSED
ISSUED
-93-
-------
-94-
-------
-------
\
-------
Office of Solid Waste and
Emergency Response
-95-
-------
-96-
-------
OFFICE OF SOLID WASTE AND EMERGENCY RESPONSE
o Highlights
o Superfund
Overview
Pre-Remedial
Remedial Alternatives Evaluation
Remedial Implementation
Enforcement
o Chemical Emergency Preparedness and Prevention
o RCRA
Land Disposal Facilities
Incinerators
Storage and Treatment
Incinerator Permit Determination Deadline
Corrective Action
Regional Initatives
Enforcement
o Underground Storage Tanks
-97-
-------
-98-
-------
OFFICE OF SOLID WASTE AND EMERGENCY RESPONSE
FIRST QUARTER HIGHLIGHTS
Superfund
o The Regions exceeded their targets for Site Investigations, but fell short of other remedial
implementation targets by completing eight RODs (36% of target), and initiating 10 Remedial
Actions (60% of target).
o The Regions exceeded their targets for Section 106 civil referrals, but missed targets for
Section 107, with six cost recovery referrals (43% of target).
o The Regions surpassed the October 1989 SARA statutory deadline for remedial action starts by
completing 178 RA starts, the target was 175. The Regions surpassed the October 1989
statutory RI/FS deadline by completing 358 starts, the target was 275.
RCRA
o The Regions continue to exceed the targets for all permitting and closure measures.
o The Regions completed 39 RCRA final permit determinations through the first quarter,
exceeding the target of six. A total of 35 RGRA facility closure plans were approved through
the first quarter.
o The RCRA Regional Initiatives and the Incinerator Permit Deadline results are highlighted in
this quarterly report.
CEPP/UST
o Regions exceeded targets for CEPP technical assistance and emergency simulation exercises.
o LUST cleanups initiated, under control, and completed continue to be overwhelmingly paid for
by the responsible parties, over 95% in all stages.
-99-
-------
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 of 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 Preparedness and Prevention (CEPP).
The programmatic activity status, as it is tracked in STARS, will be discussed in this report by
each of these areas.
SUPERFUND REMEDIAL PROGRAM OVERVIEW
o The remedial program can be divided into three activity stages: Pre-Remedial Investigation,
Remedial Alternatives Evaluation, and Remedial Action Implementation, shown to the right.
These three stages track a Superfund site from discovery through cleanup. The activities
comprising the Remedial process are detailed under each stage. Most of these activities are
tracked in STARS.
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.
-100-
-------
The Superfund Remedial Program in Perspective
**
Pre^Remedial
Irtv0$tjgation
Site Discovery
NottSation
Pravnlnary
Assessment
National
Priority
Ustlng
Remedial
Alternatives
Evaluation
RemedaJ
Investigation
I
Feastoity
Study
I
ttegordof
Decision
** Removal actlvRlea can be Initiated at any stage In the remedal program.
Activity is tracked in STARS
Remedial
Action
Implementation
Operation and
Maintenance
I
Post -^Closure
Monitoring
-101-
-------
REMEDIAL PROGRAM OVERVIEW
o Using STARS data from the first quarter of FY 1990, the chart at the right shows a national
performance summary toward the major stages in the Superfund Remedial Program "pipeline."
o While the comparison between progress at certain stages in the pipeline is not appropriate, this
diagram does indicate areas where progress is slow. These slow stages may ultimately cause a
backlog as more sites move through the earlier stages of the pipeline.
o Through first quarter each remedial stage shows varying progress. Most stages of the remedial
process have been substantially below target through several consecutive quarters.
o The Regions successfully met both October 1989 SARA statutory deadlines for RI/FS and for
Remedial Action starts. The next major SARA goal states that all sites in CERCLIS at the
time of enactment of SARA (October 16, 1986) will be evaluated for inclusion on the NPL.
The deadline for the evaluations is October 1990.
-102-
-------
SI
COMP
SUPERFUND REMEDIAL PROGRAM
NATIONAL PERFORMANCE PROFILE
As of December 31, 1989
REMOVAL
ACTION OR
RI/F3
START
REMEDES
AT NPL SITES
(ROOs)
FUST
RD
REMEDIAL ACTIVITY
FRST
RA
STARTS
COMPLETION
OF ALL
REMEDIATION
PERFORMANCE / TARGET = PERCENT OF 1st QUARTER TARGET
-103-
-------
Program Progress as
of December 31; 1989
SM*Dtecov«ry
.':: -Or.-: '
' Notifcattdit :
1"> 1 AA ttfro*: :
:o«. ItX) SR8S: :
l!!]!!i$]Il!!!!i!
Prelninafy
: AAoewanionC : :
: ' Otl f\£A nlfAA ; '
. : GVfXyt :8HQo: . ;
SUPERFUND PRE-REMEDIAL INVESTIGATIONS
SITE INSPECTIONS
A site inspection (SI) characterizes the problem at a potential Superfund site to determine
what, if any, further action is necessary. A site inspection occurs after the initial site
discovery and notification to EPA, and after being screened by a Preliminary Assessment.
o In first quarter, the Regions completed 511 Sis, exceeding the target of 282.
As of December 31, 1989, the Regions have conducted 29,554 Preliminary Assessments,
representing 92% of those facilities discovered and reported to EPA The Regions have
conducted 11,053 Sis, 37% of all sites that have had a PA The investigations of 14,450
sites have shown that no further action is required.
To date, 2,256 sites have been scored by the Hazard Ranking System, 160 of which have
been scored in FY 1990. There are 1,218 sites currently on the NPL or are proposed for
the NPL. Federal facilities account for 6% of the NPL sites to date.
-104-
-------
PRE-REMEDIAL SUPERFUND
As of December 31, 1989
150
100
50
SITE NSPECTIONS
I
%
NATIONAL
500
300
100
0
I I IV V VI VI VI IX X
REGIONS
1stQ
FY 1990
S/F-1,2
TARGET FOR 1st QUARTER
EZ3 ACTUAL 1st QUARTER
-105-
-------
: Program Progress as
of December 31.1989
::: Remeda)
; Inv^abgatiprt
;:;-;:and:::;:;
: Record Icf:
REMEDIAL ALTERNATIVES EVALUATION
SITE ACTIVITY STARTS
o Although the Remedial Investigation and the Feasibility Study (RI/FS) have different
purposes, the former being to define the extent of the problem and the latter being to
develop and evaluate remedial alternatives, they are often performed concurrently.
o The Superfund Removal Program involves short-term actions taken to prevent or mitigate
significant risk to human health, welfare, or to the environment. Situations which warrant
an immediate removal action may include: drinking water contamination, human health
and animal food chain exposure, fire/explosion threat, or other acute situations.
o STARS tracks activity starts as a combination of RI/FS and removal starts at NPL sites
only, even though removal actions are not exclusive to NPL sites. The Regions initiated
activity at 11 sites in first quarter, against a target of 12.
o Program to date, 2,174 sites have had removal or remedial activities started, and of these,
866, or 40%, included PRP (potentially responsible party) financing. Forty-eight sites were
federal facilities.
RECORDS OF DECISION (RODs)
I o The Record of Decision document provides the basis for the remedial decision and
: describes the selected remedy.
o In first quarter, eight RODs were signed at NPL sites, for 36% of the target of 22. All of
these sites were the result of fund-lead RI/FS.
o In the Superfund Program to date, remedies have been selected at 456 NPL sites (19 of
which were No Action Alternatives).
-106-
-------
SUPERFUND REMEDIAL ALTERNATIVE DEVELOPMENT
As of December 31, 1989
ACTIVITY STARTS AT NPL SITES
REMEDES SELECTED AT NPL SITES (RODs)
3 -
2 ~
-
"""1
1
n
I
,,
i
1
1
1
»
f
1 IV V VI VI
REGIONS
I
IK/
._»K
5
4
3
2
1
i i
i i
! !
i
/
VI IX X U ,
1 '
1 ' i
- ' i i
^ '
-------
REMEDIAL ACTION IMPLEMENTATION
REMEDIAL DESIGN ACTIVITY
Program Progress as o The remedial design is the detailed plan for conducting the remedial action. STARS
of December 31; -1969 tracks funding or PRP contract awards for remedial design activity starts.
Remedal : . : o The Regions initiated remedial design activity at 16 NPL sites, missing their first quarter
target of 21. As of December 31, 1989, remedial design activity had been initiated at 383
NPL sites.
&;!;; REMEDIAL ACTION ACTIVITY
Ramedal; ; -\':\
271 sites '''' ° '^ne RelPons initiated 10 remedial action starts in first quarter, missing the target of IS.
Of these, six were PRP-financed and four were fund-financed. As of December 31, 1989,
there are 271 NPL sites with remedies implemented or in progress. Of these 271, 144 or
53% are fund-financed.
ration and
o Since SARA was enacted, the Regions have initiated on-site remedial action at 178 NPL
sites, passing the October 1989 statutory deadline of 17S.
o Remedial Implementation was completed at one site in first quarter. The Regions had
targeted three completions for first quarter. As of December 31, 1989, 37 NPL sites have
been cleaned up.
Rdmedation > :
or Removal : ''-. ''-. o Post-closure monitoring provides the remedy verification needed to delete a site from the
:j$7!:«ieV''.''': \:-\\ NPL There were no sites deleted from the NPL in first quarter, and 28 sites have been
delete from the NPL to date.
-108-
-------
REMEDIAL IMPLEMENTATION AT NPL SITES
As of December 31, 1989
REMEDIAL DESIGN STARTS
REMEDIAL ACTION STARTS
/
6
5
3
1
n
~
I
1
»
1
!
-
r -i
1
1
1
1
1
i
I
i
1
1
1
I
r i
1
1
i
I
1
Ifl It ft \ \ \ i \f f
I I IIVVVIVIVIIXX
7
6
5
4
3
2
1
0
I I IV V VI VI VI IX X
COMPLETION OF REMEDIATION
S/C-4. 5. 6
TARGET FOR 1st Q
ACTUAL 1st Q
i i ii iv v vi vn vm ix x
-109-
-------
SUPERFUND ENFORCFMFNT
o Enforcement cases under CERCLA may be brought under Section 106 (ordering cleanup to be
performed by PRPs), Section 107 (cost recovery from PRPs where EPA has performed the
cleanup by use of the Fund), or a combination of both, such as where EPA has spent money on
the site which it wants to recoup under Section 107, but also wants to require the PRPs to
perform remaining work under Section 106.
o During the first quarter of FY 1990, there were six Section 107 cost recovery site reterrals to
OECM or DOJ for pre-remedial action (against a target of 10). There were no Section 107 cost
recovery site referrals for remedial action (against a target of tour), bringing the total number of
cost recovery site referrals (greater than or equal to $200,000) to six against a target of 14.
o In the OECM Docket, the total number of Section 107 cost recovery reterrals to DOJ, including
those less than $200,000 and/or those involving proof of claim bankruptcy issues, was nine for the
first quarter. Overall, there were 14 CERCLA civil reterrals to DOJ in the first quarter,
compared to 21 for the same period last year.
o The Regions had 10 Section 106 referrals for RD/RA with settlement (against a target of six) and
three sites were issued unilateral administrative orders for RD/RA (against a target of three).
There were no Section 106 referrals without settlement (against a target of zero). In FY 1989.
there was a total of six Section 106 cases referred during the first quarter.
o The Regions issued 10 Section 106 removal orders (4 NPL/6 Non-NPL) during the quarter
compared to 17 (7 NPL/10 Non-NPL) in the first quarter of FY 1989.
o There were six Interagency Agreements signed (against a target of eight) at NPL or proposed
NPL federal facilities for RI, FS, RD. RA or RD/RA. Four of these Agreements were in Region
IV.
-110-
-------
SECTION 107
COST RECOVERY REFERRALS
(CUMULATIVE)
20
16
12
8
2 3
QUARTERS
SUPERFUND ENFORCEMENT
As of December 31, 1989
SECTION 106 CIVIL
REFERRALS
(CUMULATIVE)
12
10
8
6
2 3
QUARTERS
S/E-1(a)
LEGEND
CUMULATIVE TARGET
CUMULATIVE ACTUAL
12
10
8
6
SECTION 106
REMOVAL ORDERS
(CUMULATIVE)
QUARTERS
LEGEND
NON-NPL
NPL
-111-
-------
-112-
-------
CHEMICAL EMERGENCY PREPAREDNESS AND PREVENTION
PREPAREDNESS PROGRAM
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,
working with closely with the private sector. CEPP is authorized under Title III of SARA.
o Simulations are table-top or full-field exercises conducted to evaluate a contingency plan. In
first quarter, the Regions assisted with or participated in 25 test exercises, against a target of 11.
o Technical assistance is the provision of expertise by EPA to improve preparedness and
prevention capabilities and programs. The Regions provided technical assistance in 124
instances, substantially exceeding a first quarter target of 82.
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. Chemical safety audits
are on-site inspections of the handling and process operations at facilities. ARIP activities combine
the authorities of CERCLA, SARA, RCRA, the Clean Air Act, and the Clean Water Act.
o During first quarter, Regions sent 129 ARIP questionnaires to facilities with releases. ARIP will
share the information on accidental releases with national, state, and local organizations.
o Four on-site chemical safety audits were conducted by the Regions, missing the first quarter
target of nine.
-113-
-------
THE RCRA PROGRAM
LAND DISPOSAL FACILITIES
As of January 11,1990 the land disposal facility (LDF) universe numbered 1,462. Of these
facilities, 163 LDFs were on the permit track, 1,000 were on the closure track, 115 were on both
tracks, and 184 LDFs were not classifiable.
PERMITTING TRACK
o As of January 11, 1990, 91% or 253 of the 278 facilities on the permitting track (including
those facilities on both tracks) have been determined. Twenty-five LDFs have yet to be
determined.
o There are no targeted LDF measures for facilities on the permit track. There was one final
and one draft RCRA permit issued through first quarter.
CLOSURE TRACK
o Of the 1,115 land disposal facilities on the closure track as of January 11, 1990, (including
those facilities on both tracks) 813 have approved closure plans.
o The Regions approved 10 land disposal facility closure plans through the first quarter, the
first quarter target for this measure was zero.
o The Regions issued six LDF post-closure permits.
-114-
-------
120
100
80
60
40
20
0
LAND DISPOSAL FACILITIES
As of December 31, 1989
RNAL PERMIT DETERMINATIONS
(PROGRAM TO DATE)
NATIONAL
300
200
100
i i m iv v vi vn vm ix x
REGIONS
[ J NUMBER WITHOUT FINAL DETERMINATIONS
p^ NUMBER OF PERMITS DENIED
NUMBER OF PERMITS ISSUED
CLOSURE PLANS APPROVED
NATIONAL
15
10
5
1stQ
1990
I I I IV V VI VI VIH IX X
REGIONS
IZ3 NUMBER OF CLOSURE PLANS APPROVED
TARGET FOR 1st QUARTER
R/C-KD&E)
R/C-1(F)
-115-
-------
INCINERATORS
As of January 11, 1990, the incinerator universe, which includes both stand alone incinerators
and incinerators at disposal facilities, numbered 336. Of these facilities, 205 incinerators were on
the permit track, 89 were on the closure track, 10 were on both tracks, and 52 were not classified as
being on either track.
PERMITTING TRACK
o On the permitting track, 75% or 153 of the 205 facilities have been determined as of January
11,1990. This leaves 52 facilities, currently on the permitting track, to be determined
(including those facilities on both tracks) .
o The Regions made 23 final permit determinations through the first quarter. This
performance exceeds the first quarter target of 19. Of the 23 determinations, 19 resulted in
issued permits and four were denied.
o In addition, four draft permits were issued.
CLOSURE TRACK
o Of the 89 incinerators on the closure track as of January 11, 1990, (including those facilities
on both tracks) 55 have approved closure plans.
o Through the first quarter, the Regions approved nine incinerator closure plans, exceeding
the target of two.
o The Regions also issued four draft permits and three notices of incinerator closure plan
availability. There were no incinerator post-closure permits issued during first quarter.
-116-
-------
8
0
INCINERATOR DATA TRACKED IN SPMS
As of December 31, 1989
RNAL PERMIT DETERMINATIONS
___._
i n
ii iv v vi vii vin ix x
REGIONS
NUMBER OF PERMITS DENIED
NUM3ER OF PERMITS ISSUED
TARGET FOR 1 st QUARTER
CLOSURE PLANS APPROVED
NATIONAL
I I IV V VI VI VI IX X
REGIONS
NUMBER OF CLOSURE PLANS APPROVED
TARGET FOR 1 st QUARTER
R/C-KD&E)
R/C-KF)
-117-
-------
STORAGE AND TREATMENT FACILITIES
As of January 11,1990, the storage and treatment (S/T) facility universe, which includes only
facilities without disposal or incineration processes, numbered 2828. This universe was
comprised of 1,597 S/T facilities on the permit track, 514 facilities on the closure track and 717
facilities that have not submitted a permit application or closure plan. Regions and States are
working toward the November 8, 1992 storage and treatment facility permit determination
statutory deadline.
PERMITTING TRACK
o As of January 11,1990, 618 S/T facilities or 22% of the permit track facilities were
determined.
o Through the first quarter, the Regions made 15 final storage and treatment facility permit
determinations, exceeding the target of five. Of these 15 determinations, 12 resulted in
issued permits, while three were denied.
o The Regions also issued 10 draft permits and two notices of intent to deny a permit.
CLOSURE TRACK
o Of the 514 storage and treatment facilities on the closure track, as of January 11,1990, 337
have approved closure plans.
o The Regions approved 16 storage and treatment facility closure plans and issued 17 notices
of closure plan availability through the first quarter. There were no post-closure permits
issued during first quarter.
-118-
-------
10
8
0
STORAGE AND TREATMENT FACILITIES
As of December 31, 1989
FINAL PERMIT DETERMINATIONS
NATIONAL
20
15
10
5
0
1stQ
1990
R/C-1(D&E)
iv v vi vii vm ix x
REGIONS
NUM3ER OF PERMITS DENIED
NUMBER OF PERMITS ISSUED
TARGET FOR 1 st QUARTER
10
8
6
0
CLOSURE PLANS APPROVED
NATIONAL TOTAL = 16
I n II
IV V VI VI Vffl IX
REGIONS
VTA NUMBER OF CLOSURE PLANS APPROVED
R/C-KF)
-119-
-------
RESULTS OF THE INCINERATOR PERMIT DETERMINATION DEADLINE
o November 8, 1989 was the RCRA (Section 3005) incinerator permit issuance deadline. By
this date the Agency was mandated to make a final permit determination on all incinerator
permit applications received before November 8, 1986.
o The results of the incinerator deadline indicate that the Regions completed the necessary
actions at 93% or 214 of the 230 facilities subject to the deadline. These actions included: 120
permits issued, 39 permits denied, 55 closure plans approved (in almost all of these cases
these facilities ceased receiving hazardous waste). Only 16 facilities missed the deadline,
these facilities are scheduled to be completed in FY 1990.
o The following graph uses HWDMS data as of December 1989 to display the results of the
incinerator permit determination deadline. These data, taken from OSW staff and an
internal OSW document, "Summary Report on RCRA Permit Activities, December 1989",
are different from the STARS data shown previously; the STARS data are a subset of the
data shown here.
-120-
-------
NOVEIvBER 8, 1989 INCINERATOR DEADLINE FINAL OUTCOME
AS OF NOVEMBER 30. 1989
CO
oc
o
60
50
40
30
20
10
0
MBSED DEADLNE
CLOSURE PLAN APPROVED
PERMITS DENED
PERMITS ISSUED
III IV V VI VII VIII IX X
-121-
-------
CORRECTIVE ACTION ACTIVITY
Corrective action activities may be conducted at a facility during interim status, permitting,
and closure stages. The corrective action process is shown in the graphic below. Program
information, as of December 31, 1989, is shown for several of these steps.
Many of the corrective action measures have changed for FY 1990. The RFI imposed
measure is the first corrective action measure to be targeted in STARS. The following
measures have been added: RFI workplan approved or notice of deficiency (NOD)
issued, interim measures required of owner/operator and number of facilties with
ongoing corrective action activity at the begining of year.
The Regions completed nine RFA's and imposed 17 RFI's (exceeding the target of 11)
through the first quarter of FY 1990. There have been 1,740 RFA's and 545 RFI's imposed
through the corrective action program as of December 31, 1989 . The Regions completed
work on 11 RFI workplans.
Two corrective action remedies were selected and two corrective action designs were
approved through first quarter. The Regions have completed 17 remedy selections and
approved 14 corrective measures designs as of December 31, 1989. The Regions have
reported two interim measures required of owner operators in the first quarter. There have
been 44 interim measures required and four completed as of December 31,1989.
Proposed regulations for the procedural and technical requirements for corrective action at
solid waste management units are still under review at OMB.
Conducted by EPA
R*vl*w o4 Ik* ,*oltty
and i*lrv*nt tccordi
CDiivdiv* xlton n*«]
CondiKltd by
Owncf /Op«f*lo4
wHh Ag«ncy
ovmlght
l>rmmifulton ol
Corrective
Measures Study
(CMS)
Condudcd by
()wn«f /Operator
wtth Agency
ovcntghl
htontilK»t*on of
potent!*) icmedM
Implemented by
Ownei/OperMoi
«*li Agency
Interim measures can be requited at any point in the ptoceM
-122-
-------
CORRECTIVE ACTION PROGRAM STATUS
As Of December 31, 1989
RFA's COMPLETED
(PROGRAM TO DATE)
RFI's IMPOSED
(PROGRAM TO DATE)
IZd PERMITS
ORDERS
IV V VI VH VII IX X
REGIONS
FIRST QUARTER RFI's IMPOSED
10
I I
IV V VI VI VII IX X
REGIONS
SOURCE: CARS
ii iv v vi vn vni ix x
REGIONS
J NUMBER OF RFI'S IMPOSED
TARGET FOR 1st QUARTER
-123-
-------
-124-
-------
RCRA REGIONAL INITIATIVES
The FY 1990 RCRA Implementation Plan maintains the policy of providing 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. Four
Regions have submitted initiatives under this flexibility plan: I, III, VI, and X. Some of the
initiatives have affected the STARS commitments for the Regions. The following is a brief
summary of the flexibility activities in each Region.
Region I initiatives include: The acceleration of corrective action activities in New England,
RCRA data and files management, continuation of clean closure review process at Connecticut
sites and expanding the scope of inspections at storage and treatment facilities to improve the
permitting process (a top priority is the 1992 permitting deadline). The Region will reduce
activity in inspector training, State oversight, and closure plan reviews.
Region III initiatives include: The identification of hazardous waste facilities that have not
notified EPA of their activities and the return to compliance of these non-notifiers through
formal enforcement actions and follow-up inspections. The Region will reduce activity in
environmentally insignificant compliance inspections and evaluations
Region VI initiatives include: The identification, inspection, and return to compliance of
non-notifiers. The Region will reduce inspections at insignificant land disposal facilities.
Region X initiatives include: Increased post-closure permitting; emphasis on corrective action;
responding to permitting and compliance priorities at "mega-sites"; Oregon and Washington
generator surveys and enforcement; continuing work on environmental indicators. The Region
will reduce activity in low priority inspections and insignificant storage and treatment facility
permits.
-125-
-------
RCRA ENFORCEMENT
o Inspections - Both EPA and the states performed well on first quarter inspections targets for land
disposal facilities (167 against a target of 150 (111%)); for treatment, storage and disposal
facilities (314 against 210 (1509c)) and for federal, state and local treatment, storage and disposal
facilities (65 against 43 (151%)). Of those generators generating over 1.000kg of waste and
subject to land disposal restrictions. 764 have received a land band inspection. Eight high priority
violations were reported based on these inspections.
o Addressing Significant Noncompliance (Snapshot) - The RCRA program reported 729 treatment.
storage and disposal facilities (TSDs) in significant noncompliance (SNC) at the end of the first
quarter. Of these, 604 (83%) had been addressed by a formal enforcement action, hut had not
returned to physical compliance.
o Of the 729 TSDs in SNC at the end of the first quarter, 96 (13%) did not have a formal
enforcement action taken within 135 days of inspection.
o Federal Facilities (Snapshot) - At the end of the quarter, there were 56 federal facility TSDs in
SNC. Of these, 43 (77%) had been addressed by a formal enforcement action, but had not
returned to physical compliance.
o Of the 56 federal facility TSDs in SNC at the end of the first quarter, 11 (20%) did not have a
formal enforcement action taken within 135 days of the inspection. There were two federal
facilities (EPA lead) with final EPA regional action completed within 120 days of the initial action.
o Judicial and Administrative Enforcement Activity - During the first quarter. EPA referred one
RCRA civil and three criminal cases to the U.S. Department of Justice. The states did not tile
any civil cases against Subtitle C handlers. EPA issued 39 formal administrative actions compared
to 52 for the same period last year. The stales issued 181 administrative actions compared to 160
during the first quarter last year.
-126-
-------
RCRA ENFORCEMENT
As of December 31, 1989
ADDRESSING TSDFs IN SNC - SNAPSHOT
800
700
600
500
400
300
200
100
0
300
250
200
150
100
50
0
2 3
QUARTERS
I M SNC (729)
U7\ ADDRESSED (604)
ADMNSTRATIVE COMPLAINTS
2 3
QUARTERS
125
3
2
0
STATES
EPA
TSDF NSPECTIONS
I IV V VI VI VI IX X
REGIONS
H EPA & STATES
CIVL REFERRALS
2 3
QUARTERS
-127-
-------
-128-
-------
OFFICE OF UNDERGROUND STORAGE TANKS
OVERVIEW
o The OUST mission is to protect human health and the environment by preserving
surface and ground water quality against contamination from USTs, and to prevent
human exposure to carcinogenic or explosive vapors. OUST activity is authorized
under Subtitle I of RCRA.
o Nationally there are nearly two million USTs at approximately 700,000 facilities,
ranging from small businesses to major oil corporations. The primary responsibility of
OUST is the regulation of petroleum tanks and certain other chemical tanks.
o The OUST program has two main facets: State Program Approvals and the LUST
(Leaking Underground Storage Tanks) Trust Fund for corrective action.
-The State Program Approval process seeks to assist all states in establishing
their own UST legislation and programs; direel federal oversight is impossible
due to the large number of USTs nationwide. The principal criteria for state
program approval is that the state's program be no less stringent than the
federally mandated program.
-The LUST Trust Fund program provides funds to states for corrective action
activities through cooperative agreements.
-129-
-------
STATE PROGRAM APPROVALS
o State Program Approval, or "franchising," contains two stages. First, the state
establishes the necessary legislative authorities. Second, the state submits an
application to the Regional OUST for approval.
-In first quarter two states (one in Region IV and one in Region VI)
submitted applications for program approval, exceeding the Regional
target of one.
o Until state programs are approved, OUST works to set up agreements with states to
implement the federal UST program. EPA published the Technical Standards rule and
the Financial Responsibility rules in first quarter of FY 1989.
-No state programs have been approved to date. Forty-six states have
agreements to implement the federal program prior to state program
approval.
o UST regulations mandate owner/operator financial responsibility for their USTs in the
event of leaks or spills. Because UST insurance is virtually non-existent, OUST is
enforcing demonstration of financial responsibility according to facility size. UST
facilities must show financial responsibility by
October 26,1989 if they have 100-999 USTs;
April 26,1990 if they have 13-99 USTs;
October 26,1990 if they have 1-12 USTs, net worth less than
20$ million, or are local governments.
o After state programs are approved, the role of OUST will be to ensure that state
programs maintain requirements no less stringent than federal requirements and
administer the LUST Trust Fund.
-130-
-------
LEAKING UNDERGROUND STORAGE TANKS
LUST TRUST FUND
o LUST Trust Fund monies are provided 10 states through cooperative agreements
which are renegotiated annually. A state is required to have certain legislative
authorities in place, such as enforcement or cost recovery provisions, before it can
obligate LUST Trust Fund monies.
o An objective of OUST is to have the responsible parties lead cleanup efforts at LUST
corrective action sites. OUST estimates that several thousand LUSTs will be
discovered annually.
o The rate of LUST cleanup activity nationwide continued to increase in first quarter.
There were 7,484 LUST cleanups initiated in first quarter (26% of the 27,842 to date). Of
these, 6,888 (92%) were responsible party-led, 361 (5%) were state led without LUST
Trust Fund monies, and 35 were state-led without LUST Trust Fund monies.
There were 4,495 LUST cleanups under control in first quarter (32% of the 13,996 to
date). Of these,4,172 (93%) were responsible party-led, 212 (5%) were state led without
Trust Fund monies, and 111 (2%) were state-led without LUST Trust Fund monies.
This is the first quarter that LUST cleanups completed have been tracked in STARS.
The year-to-date data are included in the graphs below.
RESPONSIBLE PARTY LEAD
STATE LEAD WITHOUT FUND $
STATE LEAD WITH FUND $
NUMBER OF LUST CLEANUPS INITIATED
NUMBER OF TANK RELEASES UNDER CONTROL
ESI NUMBER OF SITE CLEANUPS COMPLETED
(ALL NUMBERS ARE PROGRAM-TO-DATE)
-131-
-------
-132-
-------
Enforcement a
-------
-------
Office of Enforcement and
Compliance Monitoring
-133-
-------
I
"3*
n
-------
CIVIL ENFORCEMENT
PROPOSED CONSENT DECREE REVIEW TIME
o OECM reviewed and forwarded nine consent decrees to DOJ during the first quarter of FY
1990 compared to 29 last year.
o The average review time for the quarter was 17 days, meeting the 35 day average target. The
review times ranged from one to 23 days.
CIVIL REFERRAL ACTIVITY
o The Regions referred 37 new cases directly to DOJ and four to HQs; compared to 45 a year
ago.
o There were also three new pre-referral negotiation cases opened during the quarter.
o There were two consent decree enforcement cases initiated during the quarter.
-135-
-------
FOLLOW-THROUGH ON ACTIVE CIVIL CASE DOCKET
o OECM reports that there are 877 active Pre-FY 1990 civil cases (i.e. cases referred to DOJ
before 10/1/89, but not concluded before 10/1/89). As of the end of the first quarter, the 877
cases had the following status:
- 273 (31%) were pending at the DOJ.
61 (7%) were returned to the Region.
2 (1%) had been concluded before filing.
- 511 (58%) were filed in Court.
30 (3%) had been concluded after filing.
Of the 877 cases, 364 (42%) of these have been ongoing for more than two years since being
filed.)
o There were 38 civil cases referred to DOJ during the first quarter (FY 1990 cases) compared to
52 a year ago. As of the close of the quarter:
- 37 (97%) were pending at the DOJ.
1 (3%) had been filed in Court.
o The total number of active cases as of December 31, 1989 (including fixed and dynamic)
was 883.
-------
FOLLOW-THROUGH ON ACTIVE CIVIL CASE DOCKET
As of December 31, 1989
CIVIL CASE DOCKET
900
600
300
234
QUARTERS
LEGEND
CASES PENDNG AT DOJ
CASES RETURNED TO THE REGION
CASES CONCLUDED BEFORE FUNG
CASES FLED IN COURT
CASES CONCLUDED AFTER FUNG
NEW FY 1990
REFERRALS TO DOJ
40
30
20
10
CASES:
NUMBER OF REFERRALS - 38
E/C-4.5
-137-
-------
CONSENT DECREE TRACKING
o In the first quarter, the Regions reported that there are 599 active consent decrees compared to
512 a year ago.
o Consent decree compliance for the quarter was 80%, an increase from the 74 - 76% average
over the past two years.
o Of the 113 consent decrees in violation:
57 (50%) had a contempt action, a decree modification referred, or a stipulated penalty
collected.
35 (31%) had formal enforcement action planned but not commenced.
21 (19%) had no formal enforcement action planned.
-138-
-------
E/C-1
120
100
80
60
40
20
EPA CONSENT DECREE TRACKING
As Of December 31, 1989
VII VII
IX
600
550
[O 500
£ 450
O 400
Q 350
O 300
5 25°
| 200
g 150
100
50
NATIONAL
1234
QUARTERS
M COMPLIANCE WITH THE TERMS OF THE DECREE
N VIOLATION WITH FORMAL ENFORCEMENT ACTION NTTIATED
N VIOLATION WITH FORMAL ENFORCEMENT ACTION PLANNED BUT UNCOMMENCED
N VIOLATION WITH NO FORMAL ENFORCEMENT ACTION PLANNED AT THIS TIME
-139-
-------
CRIMINAL ENFORCEMENT
CRIMINAL REFERRAL ACTIVITY
o There were 27 new criminal investigations opened during FY 1990 compared to 21 a year ago.
Six investigations were closed prior to referral to the Office of Criminal Enforcement. There
were 195 open investigations at the end of the quarter compared to 150 a year ago.
o During the quarter the Regions referred 16 new cases to HQs and 10 cases were referred from
OECM to DOJ. A year ago the Regions referred 12 cases to HQs, and 14 cases were referred
from OECM to DOJ.
-140-
-------
-141-
-------
FOLLOW-THROUGH ON ACTIVE CRIMINAL CASE DOCKET
o There were 106 active Pre-FY 1990 criminal cases opened before 10/1/89, compared to 97 a
year ago. As of the close of the first quarter.
30 (28%) were under review by DOJ.
37 (35%) were under grand jury investigation.
- 29 (27%) had charges filed.
6 (6%) had been closed following prosecution.
4 (4%) had been closed without prosecution.
o There were 10 new criminal cases referred to DOJ during the first quarter compared to 14 a
year ago. As of the close of the quarter:
7 (70%) were under review by DOJ.
\
3 (30%) were under grand jury investigation.
o The total number of active cases was 106 compared to 102 last year.
-142-
-------
o
FOLLOW-THROUGH ON ACTIVE CRIMINAL CASE DOCKET
As of December 31, 1989
PRE-FY 1989 REFERRALS
I<£V
100
80
60
40
20
0
-
_
5*v*v
<^x
M^WM
1
234
QUARTERS
60
48
36
24
12
STATUS OF NEW
FY 1990 REFERRALS
1234
QUARTERS
NUMBER OF NEW REFERRALS = 10
E/C-7.8
LEGEND
UNDER REVEW AT DOJ
UNDER GRAND JURY INVESTIGATION
WITH CHARGES FLED
CLOSED FOLLOWING PROSECUTION
CLOSED BY DOJ WITHOUT PROSECUTION
-143-
-------
Number of New Criminal Referrals to EPA-OCEC
(1st Quarter FY90)
Region I
Region II
Region III
Region IV
Region V
Region VI
Region VII
Region VIII
Region IX
Region X
NEIC
Total
RCRA
1
0
0
0
0
0
0
3
0
1
2
7
CLEAN
AIR
0
0
0
1
0
0
0
0
0
1
0
2
CLEAN
WATER
0
0
4
2
0
0
0
0
0
1
0
7
FIFRA
0
0
0
0
0
0
0
0
0
0
0
0
TSCA
0
0
0
0
0
0
0
0
0
0
0
0
CERCLA
0
0
0
0
0
0
0
0
0
0
0
0
Total
1
0
4
3
0
0
0
3
0
3
2
16
-144-
-------
-145-
-------
FEDERAL FACILITY COMPLIANCE
FEDERAL FACILITY VIOLATION RATES
(Note: data are lagged one quarter)
o In the fourth quarter of FY 1989, 201 inspections of federal facilities were conducted. Sixty-four
violations were detected in these inspections for a 32% violation rate. The third quarter rate
for violations was 33%.*
For the Air media, two violations were detected in 29 inspections for a 7% rate.
For NPDES, 18 violations were detected in 60 inspections for a 30% rate.
For SDWA, one violations was detected in 1 inspection for a 100% rate.
For RCRA, 34 violations were detected in 96 inspections for a 35% rate.
For TSCA, 9 violations were detected in 15 inspections for a 60% rate.
For Multi-Media, no violations were detected and no inspections were conducted.
o In FY 1989, 1,014 inspections of federal facilities were conducted. Violations were found in 314
(31%) of the inspections.*
o In FY 1988 1,250 inspecitons of federal facilities were conducted. Violations were found in 413
(33%) of the inspections.
*Note: Region IX data is not included due to the earthquake.
-146-
-------
QC
5
Q
FEDERAL FACILITIES VIOLATION RATE
BASED ON INSPECTIONS
As Of September 30, 1989
AIR NPDES DW RCRA TSCA OVERALL
(29) (60) (1) (96) (15) (201)
NUN/BER OF INSPECTIONS
OECM(OFA)-1/4E
% NOT IN VIOLATION
% IN VIOLATION
-147-
-------
RESPONSE TO SIGNIFICANT FEDERAL FACILITY
NONCOMPLIANCE
o OAR identified 19 federal facilities as significant violators as unaddressed at the beginning of the
quarter. Three were returned to compliance and the remaining 16 are pending.
o OW identified nine federal facilities on the exceptions list that were carried over from the
previous quarter. Three were returned to compliance and two had an enforcement action
initiated. The remaining four plus two new significant violators on the exceptions report,
constitute the pending balance of six facilities.
o ODW identified 12 federal facilities on the exceptions list that were carried over from the
previous quarter. Five were returned to compliance and seven remain unresolved.
l
o Thirty-four TSCA federal facility SNC cases were identified at the BOY. Of the total. 22 were
open (issued but not closed) and 12 are pending enforcement actions. At the end of the first
quarter, seven pending cases were issued and 10 of the total 34 cased were closed.
o OSWER compliance snapshot at the end of the first quarter shows 56 federally owned or
operated TSDFs in SNC. Of these facilities. 43 have been addressed with formal enforcement
actions, but are not yet in compliance.
-148-
-------
20
15
10
5
0
60
50
40
30
20
10
0
RESPONSE TO SIGNIFICANT FEDERAL FACILITY NONCOMPLIANCE
As Of December 31, 1989
AIR FIXED BASE WATER EXCEPTIONS REPORT
BOY
2 3
ADDRESSED
IPENDNQ
TSCA RXED BASE
OEA-SNC1
SNC 1 2 3
I I OPEN
(ZZ3 PENDING
PENDING CASES ISSUED
CASES CLOSED
60
50
40
30
20
10
0
SNC ENFORCEMENT RETURNED TO PENDNQ
ACTION COMPUANCE
I I SNC 2 CONSECUTIVE QUARTERS
SNC FOR MORE THAN 2 QUARTERS
RCRA COMPUANCE SNAPSHOT
SNC/ADDRESSED/END OF QUARTER
SNC/UNADDRESSED/END OF QUARTER
-149-
-------
-150-
-------
-------
-------
Office of General Counsel
-151-
-------
-152-
-------
RED BORDER REVIEW DEADLINES
o OGC received 24 Red Border documents for review during the first quarter of FY 1990.
o OGC Completed:
16 (67%) reviews within three weeks, compared to a target of 80%.
5 (21%) reviews within four weeks, compared to a target of 100%. The cumulative total of
completed reviews for the quarter was 21 (88%).
3 (12%) reviews were not completed within the four week review target.
STATE DELEGATION AGREEMENT REVIEW DEADLINE
o OGC received two applications for review during the quarter and concurrence was received
within the 15 day target.
-153-
-------
-154-
-------
CO
HI
oc
25
20
15
10
OGC CUMULATIVE REVIEW OF RED BORDER PACKAGES
As of December 31, 1989
PROGRAM SUMMARY
OAR OARM OSWER OPTS
PROGRAMS
OW
CO
LII
20
10
1 2 3
QUARTERS
G/C-2
LEGEND
I | COMPLETED WITHIN 3 WEEKS
COMPLETED WITHIN 4 WEEKS
INCOMPLETE AFTER 4 WEEKS
-ibb-
-------
-156-
-------
-------
------- |