EFA 1UU/19VU.1 Tw
United States Office of March 1990
Environmental Protection The Administrator
Agency Washington DC 20460
ftEPA Strategic Targeted Activities for Results System
EPA
1 GO/
1990.1
2nd
1990
Second Quarter FY 1990 Report
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U.S. ENVIRONMENTAL PROTECTION AGENCY
STRATEGIC TARGETED ACTIVITIES FOR RESULTS
SECOND QUARTER 1990 REPORT
PREFACE
This quarterly report reviews Agency progress in meeting its priority program commitments.
The report is a major component of EPA's strategic planning, budgeting and accountability system.
Based on recommendations of the Deputy Administrator's Management Systems Task Force, the
accountability system on which this report is based (formerly SPMS), has been renamed STARS--
Strategic Targeted Activities for Results System. The change was implemented as of first quarter
FY 1990 and will be reflected in all future reports. Each quarter the Office of Policy, Planning and
Evaluation publishes the report using information provided by Headquarters, Regional Offices, and
State agencies. The Office of Compliance Analysis and Program Operations is responsible for the
enforcement section of this report.
We gratefully acknowledge the assistance and cooperation of the many people through the
Agency's management network who have made timely production of this report possible.
2>
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r°09UARTFRS LIBRARY
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0 :NGHIN,D.C. 20460
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TABLE OF CONTENTS
OFFICE PAGE
OFFICE OF AIR AND RADIATION 1
OFFICE OF WATER 21
OFFICE OF PESTICIDES AND TOXICS SUBSTANCES 63
OFFICE OF SOLID WASTE AND EMERGENCY RESPONSE 93
OFFICE OF ENFORCEMENT 129
OFFICE OF GENERAL COUNSEL 147
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Office of Air and Radiation
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OFFICE OF AIR AND RADIATION
o Highlights
o Radiation Program:
Radon
Radiological Emergency Response
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 Mobile Sources Program:
Inspection/Maintenance and Anti-tampering
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RADIATION PROGRAM
RADON
o Radon is the second leading cause of lung cancer in the United States. Elevated indoor radon
levels have been found in every state. Current estimates attribute about 20,000 deaths nationally
to elevated indoor radon levels. Where indoor radon screening levels exceed 4 pCi/L (picocuries
per liter of air) EPA currently recommends appropriate action to bring the annual radon level to
4 pCi/L or below. The health risk of exposure to 4 pCi/L of radon is equivalent to smoking half
a pack of cigarettes a day.
o By the end of this year, 34 states will have completed a voluntary State/EPA radon survey.
These surveys are designed to present a portrait of indoor radon levels for an entire state. In
addition to State/EPA radon surveys, states are carrying out their own radon surveys. However,
unlike the State/EPA surveys, not all state-initiated surveys provide an assessment of the radon
problem across an entire state. The Radon Division is currently conducting a National Radon
survey that will provide a national profile of the Radon problem.
i
CRITERIA AND STANDARDS
o Due to the limited reconsideration of the Radionuclides NESHAPs final rule and compliance
waiver determination, it does not appear possible for OAR to notify 6,000 sources by the (OAR-
12) by the fourth quarter, as planned.
ANALYSIS AND SUPPORT
o The Regions have reviewed 13 radiological emergency response plans to date against a target of
nine.
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SECOND QUARTER HIGHLIGHTS
o Within OAR, OAQPS and ORP have the bulk of STARS measures. OAIAP has no measures in
the computer and OMS has had the same portion of their program (anti-tampering) targeted
since 1985. In addition, OAR has a number of STARS measures that have no targets such as
the status of updating emissions inventories and other measures contingent on the promulgation
of the Clean Air Act, and several measures relating to SO2, PM10, toxic air pollutants and new
source reviews. For these, performance is reported irregularly.
o Promulgation of the Radionuclides NESHAPS rule is delayed. As a result, it is unlikely that
OAR will be able to notify the 6,000 sources (OAR-12) by the fourth quarter, as planned.
o Seven Regions reported awarding 18 State grants for State Radon programs one quarter ahead of
schedule.
(
o Regions have exceeded their targets for receiving final state submittals of ozone/CO SIPs. Two
hundred and thirty-three were received against a target of 114. Despite this, there is concern that
some Regions may not meet their fourth quarter targets.
o For FY 1990, OMS will double its volatility enforcement efforts over FY 1989. These
enforcement efforts will include a combination of: investigations, tests, audits and Notices of
Violations in the light-duty recall, import enforcement, tampering enforcement, fuels enforcement,
and lead phase-down programs.
o Nationally, 18 PM10 Group I Control Strategy Demonstrations have been completed to date,
against a target of 12 for the year.
o Several Regions have exceeded their targets for receiving adequate Multi-Year Development
Plans (MYDPs).
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STATE/EPA RADON SURVEYS COMPLETED OR UNDERWAY
As of March 31. 1990
OAR 1-1.2
mm STATE/EPA RADON SURVEY COMPLETED OR UNDERWAY
These surveys provide a portrait of indoor radon levels state-wide.
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AIR QUALITY. PLANNING. AND STANDARDS PROGRAM
NEW SOURCE REVIEW
o 55 major new sources permits/packages were reviewed nationally during the second quarter. All
but one was reviewed on time.
AIR TOXICS
o Several Regions (I, II, VI, VII and X) have exceeded their targets for receiving adequate Multi-
Year Development Plans (MYDPs). Region IV performance fell slightly below target, while
Region VIII and IX have met their targets. Regions III and V have no targets until the third or
fourth quarter.
o Several measures relating to toxic air pollutants, such as development and implementation of
regulations for existing sources, identification of high risk point sources, and enumeration of
sources and required emissions, are not targeted and were provided after the transmission
' deadline.
ENFORCEMENT OF NESHAPs
o Compliance Rates - Of the 961 NESHAP (non-transitory) sources, 165 (17%) are either in
violation, in violation but meeting a compliance schedule, or the compliance status of the source
is unknown.
o Inspections - The Regions and states accomplished 91% of their first quarter inspection
commitment for NESHAP sources.
o Significant Violators - Thirty-two NESHAP sources were identified at the beginning of the quarter
as being unaddressed significant violators, and eight new violators were identified during the
quarter. Eight were returned to compliance, five were placed on schedules, and three had
enforcement action commenced (one was addressed within 60 days of detection, and 18 of the
unaddressed have been in violation more than 90 days after detection).
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AIR TOXICS PROGRAMS AND NESHAP ENFORCEMENT
As of March 31, 1990
ADEQUATE MULTI-YEAR DEVELOPMENT PLANS
20
15
10
COMPLETED TO DATE
1990 TARGET
UNIVERSE
IN
IV
V VI
REGIONS
36
30
25
20
15
10
5
0
NESHAP SIGNIFICANT VIOLATORS
(UNIVERSE: UNADDRESSED AT BOQ)
23
QUARTERS
Uriverse: 961 Operating Non-Transitory Sources
OAR-122. 147 to 158
VII VII
IX
OAR NEW SOURCE REVIEW
55 REVIEWS DUE
ON TIME (98.1%)
LATE (1.9%)
LEGEND
N COMPLIANCE (8)
ON SCHEDULE (5)
ENF. ACTION (3)
PENDNG(16)
125
100
75
50
25
0
INSPECTIONS
(First Quarter FY 1990)
IV V VI VII VII IX X
REGIONS
Reporting on inspections is lagged one quarter.
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OZONE/CARBON MONOXIDE SIP REMEDIES
o In total 233 final submittals were received against a target of 114. Regions I, IV, and V have
exceeded their targets for receiving final state submittals of ozone/CO SIPs by a wide margin,
Region VI exceeded their target by one. Regions II, III, VI and IX have not met their second
quarter targets. Region VII met its target. Regions VIII and X, have reported no submittals to
date, and have no targets until fourth quarter. Unless there is a sizeable increase in the rate of
final state submittals, Regions II, III, IV and IX may not meet their targets this year.
o There are no targets, and performance was reported late, for a number of OAR measures,
including status of updating emissions inventories and other measures contingent on the
promulgation of the Clean Air Act.
VOLATILE ORGANIC COMPOUNDS (VOC) ENFORCEMENT
o Compliance Rates - There are 4,970 Class A SIP and NSPS VOC sources in ozone
i nonattainment areas. OAR reports that 754 (15%) sources are either in violation, in violation
but meeting a compliance schedule, or the compliance status of the source is unknown.
o Inspections - The Regions and states accomplished 150% of their first quarter FY 1990 inspection
commitment for VOC Class A SIP and NSPS sources in ozone nonattainment areas. (NOTE:
inspection data for all pollutant categories are lagged one quarter.)
o Significant Violators - One hundred and sixty VOC sources were identified as being unaddressed
violators at the beginning of the second quarter, and 51 new violators were identified during the
quarter. Thirty-seven were returned to compliance, 15 were placed on acceptable schedules, and
7 had enforcement action commenced (19 were addressed within 120 days of detection and 18
were addressed within 121-270 days after detection). Of the unaddressed violators, 30 have been
in violation for more than one year but less than two years, and 28 (25 in Region V) have been
in violation for more than two years.
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OZONE/CO SIP REMEDIES AND VOC ENFORCEMENT
As of March 31, 1990
OZONE/CO SPs
DEFICIENT OR MISSING REGS & SPACE DEFICIENCES
IV
V VI
REGIONS
VH VIII
IX
200
150
100
50
0
VOC SIGNFICANT VIOLATORS
(UNIVERSE: UNADDRESSED AT BOQ)
2 3
QUARTERS
Universe: 4,970 Class A VOC Sources
OAR-45. 108 to 119
LEGEND
M COMPLIANCE (37)
ON SCHEDULE (15)
IZS3 ENF. ACTION (7)
PENDING (101)
125
100
75
50
25
0
COMPLETED TO DATE
1990 TARGET
INSPECTIONS (EPA & States)
(First Quarter FY 1990)
I II III IV V VI VII VII IX X
REGIONS
Reporting on inspections is lagged one quarter.
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PARTICULATES
o Nationally, 18 PM10 Group I Control Strategy Demonstrations have been completed to date,
against a target of 12 for the year. Region IX exceeded its target for the year, and Region X,
with no demonstrations targeted, reported 11 for the second quarter.
o No Group I PM10 SIPs entered HQs review this quarter against a target of one, nor have any
been published yet this year. Regions IX and X reported public hearings held in second quarter
for Group I PM10 SIP areas.
o PM10 SIP development plans have been submitted for Group II and III areas in Regions III and
V. No new violations have been reported since 10/1/89.
o Six Regions exceeded their targets for operating PM10 networks reporting to National Air Data
Branch within 120 days after the end of the quarter. Of the three Regions whose networks did
not meet targets, Regions II and IX shortfalls were the largest.
PARTICULATES ENFORCEMENT
o Compliance Rates and Inspections - There are 3,796 major particulates sources in Group I and II
areas, of which 314 (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 131%
of their first quarter inspection commitment for TSP Class A SIP and NSPS sources in Group I
and II areas.
o Significant Violators - Sixty TSP sources in Group I and II areas were identified as unaddressed
significant violators at the beginning of the quarter, 18 new violators were identified during the
quarter. Ten were returned to compliance, six were placed on schedules, and two had
enforcement action commenced (three were addressed within 120 days of detection, and eight
were addressed within 121-270 days after detection). Of the unaddressed violators, 16 have been
in violation for more than one year but less than two years, and 14 (11 in Region V) have been
in violation for more than two years.
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PARTICULATES SIP DEVELOPMENT AND ENFORCEMENT
As of March 31, 1990
PM10 UNIVERSE
PM10 CONTROL STRATEGY DEMOS
GROUP I AREAS
Q4 TARGET
Q1 TARGET
100
75
50
25
0
V VI
REGION
ADDRESSING SIGNFICANT VIOLATORS
(UNIVERSE: UNADDRESSED AT BOQ)
125
100
75
50
25
0
Q2 PERFORMANCE
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INSPECTIONS (EPA & States)
(First Quarter FY 1990)
1
234
QUARTER
UMVERSE 3,796 TSP SOURCES N GROUP I & I AREAS
OAR-80-84. 161-175
IN COMPLIANCE (10)
ON SCHEDULE (6)
ESS ENF. ACTION (2)
PENDING (42)
II II IV V VI VII VIII IX X
REGIONS
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SULFUR DIOXIDE
o 155 SO2 rules are needed nationwide. Seventy-three percent of these are needed in Regions III,
V, and X.
o Region IV held four public hearings on SO2 rules, against a target of four.
SULFUR DIOXIDE ENFORCEMENT
o Compliance Rates - There are 291 sulfur dioxide (SO2) sources in SO2 nonattainment areas, of
which 89 (30%) are either in violation, in violation but meeting a compliance schedule, or the
compliance status of the source is unknown.
o Inspections - The Regions and states accomplished 196% of their first quarter inspection
commitment for SO2 Class A SIP and NSPS sources in SO2 nonattainment areas.
i
o Significant Violators - Twenty-seven SO2 sources were identified at the beginning of the quarter
as being unaddressed significant violators, five new violators were identified during the quarter.
Five were returned to compliance, two were placed on schedules, and one had enforcement
action commenced (three were addressed with 120 days of detection and one was addressed
within 121-270 days after detection). Of the unaddressed violators, three have been in violation
for more than one year but less than two years, and 13 (11 in Region V) have been in violation
for more than two years.
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40
30
20
10
SULFUR DIOXIDE SIP DEFICIENCIES AND ENFORCEMENT
As of March 31, 1990
SO2 RUUES NEEDED
BY REGION - 155 RULES TOTAL
1(3.2%)
1(3.2%
1(12.9%)
IV (3.2%),
V(37.4%)
SO2 SIGNIFICANT VIOLATORS
(UNIVERSE: UNADDRESSED AT BOO)
X(23.2%)
IX (5.8%)
VII (2.6%)
VI (3.9%)
VI (4.5%)
125
100
75
50
INSPECTIONS (EPA & States)
(First Quarter FY 1990)
25
1
2 3
QUARTER
Uriverae: 291 SO2 Sources in N/A Areas
OAR-83 to 94. 134 to 145
LEGEND
N COMPLIANCE (5)
ON SCHEDULE (2)
CXXJ ENF. ACTION (1)
H PENDING (19)
II II IV V VI VI VIU IX X
REGIONS
Reporting on inspections is lagged one quarter.
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AIR ENFORCEMENT COMBINED REPORT
SIGNIFICANT VIOLATORS
o There were 429 significant violators unaddressed at the beginning of the quarter, and 134 new
violators were identified during the quarter. Ninety-five were returned to compliance, 41 were
placed on schedules, and 14 had action commenced. Of those addressed, 34 were addressed
within 120 days of detection and 43 were addressed within 121-270 days of detection. Of the
unaddressed violators, 91 have been in violation for more than one year but less than two years,
and 66 (55 in Region V) have been in violation for more than two years.
o Two hundred and two significant violators are not a part of the pollutant-specific reports
discussed on the previous pages, and included in the totals above. Thirty-five were returned to
compliance, 13 were placed on schedules, and one had enforcement action commenced. Of those
addressed, 9 were addressed within 120 days and 16 within 121-270 days. Forty-two of the
unaddressed violators have been in violation for more than one year but less than two years, and
11 (eight in Region V) have been in violation for more than two years.
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ENFORCEMENT ACTIONS
o 34 Stationary source civil judicial actions have been referred to DOJ through the second quarter.
The Regions also report issuance of 36 administrative orders. The States reported the referral of
17 civil cases and issuance of 283 administrative orders in the first quarter (State data are lagged
one quarter). Four CAA criminal cases have been referred to Headquarters thus far in FY 1990.
FEDERAL FACILITIES
o The air program identified 16 federal facilities as significant violators at the beginning of the
quarter and six were returned to compliance. Five of the unaddressed violators have been in
violation from one-two years, and two have been in violation for more than two years.
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500
400
300
200
100
0
AIR ENFORCEMENT COMBINED REPORT
As of March 31, 1990
ADDRESSNQ SIGNIFICANT VIOLATORS
(INVERSE: UNADDRESSED AT BOO)
2 3
QUARTERS
20
15
ADDRESSING FEDERAL FACILITIES VIOLATORS
(UNIVERSE UNADDRESSED AT BOO)
LEGEND
| | M COMPLIANCE (95)
ON SCHEDULE (41)
ENF. ACTION (14) 5
(279)
0
2 3
QUARTERS
CIVL REFERRALS
(CUMULATIVE - STATE DATA LAGGED 1 QUARTER)
120
100
80
60
40
20
0
ADMINISTRATIVE ORDERS
(CUMULATIVE - STATE DATA LAGGED 1 QUARTER)
1500
LEGEND
1000
MADE BY STATES
MADE BY EPA
500
1
OAR-195 to 199
2 3
QUARTERS
2 3
QUARTERS
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ASBESTOS DEMOLITION AND RENOVATION PROGRAM
(NOTE: Data are lagged one quarter)
o In the first quarter of FY 1990, the EPA Regions report receipt of 1,811 notifications of asbestos
demolition, and the States reported receipt of 12,865 notifications.
o The Regions conducted 109 asbestos demolition and renovation inspections (including 61
contractors) during the first quarter, and reported identification of 18 substantive violations. The
States conducted 4,298 inspections (including 1,316 contractors) during the first quarter and
reported 110 substantive violations.
o In the first quarter, EPA referred 10 civil actions where penalties were addressed, and issued 18
administrative actions. States referred 28 civil cases where penalties were addressed, and issued
71 administrative actions.
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ASBESTOS DEMOLITION AND RENOVATION
15000
14500
5000
//
/
4000
3000
2000
1000
As of March 31, 1990
(AN Data Lagged One Quarter)
DEMOLITION AND RENOVATION ACTIVITY
120
OAR-185 to 198
NOTFICATIONS INSPECTIONS VIOLATIONS
I| STATES
EPA
90
60
30
0
500
400
300
200
100
0
CIVIL REFERRALS
(FY 1990 CUMULATIVE)
2 3
QUARTERS
ADMINISTRATIVE ORDERS
(FY 1990 CUMULATIVE)
2 3
QUARTERS
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MOBILE SOURCE PROGRAM
o Authorized (and in some cases mandated) by the Clean Air Act and the Motor Vehicle
Information and Cost Savings Act, the Office of Mobile Sources (OMS) seeks to reduce the levels
of harmful pollutants emitted from motor vehicles through an aggressive program of standards
setting, emission-factor and fuel-economy testing, state and local program evaluation, technology
assessment and enforcement.
o One important component of the mobile source program is state and local vehicle inspection
programs, which require regular evaluations of emission controls 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. All performance targets for this measure are set for the fourth quarter.
o This quarter, the mobile source program met its performance target of one state/local vehicle
' inspection program implemented in Region V. OMS has set a target of three state/local vehicle
inspection programs implemented for the fourth quarter.
o For FY 1990, OMS will double its volatility enforcement efforts over FY 1989. Other FY 1990
enforcement efforts will include: 25 investigations/200 tests in the light-duty recall program, six
investigations in the import enforcement program, 450 investigations/75 Notice of Violations
(NOVs) in tampering enforcement, 2,500 retail inspections/240 NOVs in fuels enforcement, ten
refinery audits in the lead phase-down program, and 15 Selective Enforcement Audits. While
none of these are contained in STARS, they are worthy of note.
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Water
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Office of Water
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OFFICE OF WATER
o Highlights
o Drinking Water Programs
~ Wellhead Protection
-- 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
Chesapeake Bay Program
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
SECOND QUARTER HIGHLIGHTS
In Drinking Water:
o Four states have had their wellhead protection programs approved, completing one-third of the
annual target of 12.
o Primacy states have considerably exceeded first quarter targets for UIC well inspections and
permit determinations (UIC well data is lagged one quarter by Primacy states).
In Critical Habitats:
o Chesapeake Bay data show almost a 20% decrease in total phosphorous over the last five years,
due primarily to the phosphate detergent ban in MD, DC, and VA. However, total nitrogen in
the Chesapeake Bay has increased over time, particularly where population growth has occurred.
o Regions have completed 12 of 62 wetlands strategic initiatives started in the last five years,
which are taking longer than the projected three years, and resolved 108 wetlands cases.
In Surface Water:
o Nonpoint source activity is very high in some Regions, nonexistent in others.
o Regional approval of the state adoption of numeric criteria is proceeding slowly for both human
health and aquatic life criteria: only nine states are currently in compliance with §303(c)(2)(B).
o Regional approval of state lists of waterbodies impaired due to toxic substances is also behind
schedule: 25 states were given final approval, although 46 were targeted.
o Net outlays for construction and state revolving fund grants were within the target window
nationally.
o State performance in reissuing major NPDES permits is 69% overall, and states in three
Regions permitted fewer than 50% of their commitment levels.
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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 well drilling process
was accomplished correctly and injected fluids are not migrating along the well bore;
taking enforcement action against those wells with inappropriate injection practices.
o The PWSS program is delegated to all states except WY, IN, and DC. The work includes:
monitoring to ensure compliance with maximum contamination levels for microbiological
contamination, trihalomethanes, turbidity, and chemicals/radioisotopes;
taking enforcement actions (based upon monitoring data results) against those public water
systems in significant noncompliance.
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WELLHEAD PROTECTION PROGRAMS
The 1986 amendments to the Safe Drinking Water Act (SDWA) direct states to submit proposed
Wellhead Protection (WHP) programs for review/approval by June 1989. EPA has received WHP
programs/workplans from 28 states, Guam, and Puerto Rico. Of the 30 WHP programs/workplans
received, EPA will track approval/disapproval activity in STARS during FY 1990.
o Four state WHP programs were approved during the second quarter completing one third of the
FY 90 target.
o Three WHP programs were revised/resubmitted during the quarter.
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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 second quarter, the Regions completed 199 permit determinations, 83% of their target
of 240.
MADE BY PRIMACY STATES (data are lagged one quarter)
o The primacy states have committed to making 5,228 permit determinations during FY 1990.
o For the first quarter, the primacy states completed 1,828 permit determinations, 144% of their
target of 1,269.
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UIC CLASS I, II, III, AND V PERMIT DETERMINATIONS
(NEW AND EXISTING)
EPA
As of March 31. 1990
PRIMACY STATES
As of December 31. 1989
/ W
600
500
400
300
200
100
Q
,--°
_ '*
.-&'
: ,..--"'
>^*
^^^
IUUUU
8000
6000
4000
2000
^N
-
^
.-G>
.a''"""
..-'
.- TARGET U 1 2 3 4
QUARTERS -- ACTUAL QUARTERS
Target
DW-1
Rl
Rll
Rll
RIV
RV
RVI
RVII
RVIII
RIX
RX
0
26
2
60
93
40
1
15
3
0
0
24
4
66
58
26
0
20
1
0
REGIONAL PERFORMANCE
Those Regions showing
no targets for this
measure have ittte or no
responsibilities for permit
determinations in the given
EPA or State programs.
Target Actual
Rl
Rtt
Rll
RIV
RV
RVI
RVII
RVII
RIX
RX
27
13
3
61
55
698
123
37
240
12
17
16
14
99
69
1.109
213
64
226
1
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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. Class IV (hazardous waste) wells are banned.
VERIFIED BY EPA
o For FY 1990, the Regions have committed to verify 2,826 MITs.
o For the second quarter, the Regions verified 1,481 MITs, 126% of their target of 1,174.
VERIFIED BY THE PRIMACY STATES (data are lagged one quarter)
o The primacy states have committed to making 26,032 permit determinations during FY 1990.
o For the first quarter, the primacy states verified 7,255 MITs, achieving 118% of their target of
6,146.
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UIC CLASS I, II, III, AND V MECHANICAL INTEGRITY TESTS (MITs)
(NEW AND EXISTING)
EPA
As of March 31. 1990
PRIMACY STATES
As of December 31, 1989
w
DW-2
ouuv
2500
2000
1500
1000
500
\J\J\J
-
-
-
-
/
J'
~ /
^
R)
Rll
Rll
RIV
RV
RVI
RVII
RVIII
RIX
RX
/ Q
.--'
2
Target
0
130
250
264
180
90
0
260
0
0
.0
.'
0'
/
OOVJUU
30000
25000
20000
15000
10000
5000
-o- TARGET
-
-
-
-
-
J
/!
3 4 ~*~ ACTUAL
-------
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 For the second quarter, the Regions completed 4,788 inspections, achieving 115% of their target
of 4,160.
VERIFIED BY THE PRIMACY STATES (data lagged one quarter)
o For FY 1990, the primacy states have committed to verify 61,038 inspections.
o For the first quarter, the primacy states completed 20,653 inspections achieving 137% of their
target of 15,095.
-32-
-------
12000
9000
6000
3000
0
UIC WELL INSPECTIONS
(NEW AND EXISTING)
EPA
As of March 31. 1990
O
0'
PRIMACY STATES
As of December 31. 1989
100000
80000
60000
40000
20000
.0'
1234
QUARTERS
DW-2
TARGET
ACTUAL
-33-
-------
UNDERGROUND INJECTION CONTROL ENFORCEMENT
SIGNIFICANT NONCOMPLIANCE
o Based on field inspections, MITs and self-reporting 1,416 wells have been newly identified this
year as being in SNC (712 by the states and 704 by EPA). During FY 1989, 4,426 new wells,
(1%) of the total injection universe (approximately 355.000), were in SNC at some time during the
year.
1.112 (78%) of the new wells in SNC are in Region V.
ADDRESSING SIGNIFICANT NONCOMPLIANCE
o ODW reports that there were 126 wells on the exceptions list at the beginning of the quarter.
(Exceptions list includes wells in SNC for two or more quarters.) Of those 126 wells, 11 returned
to compliance and 55 received an enforcement action. The remaining 60 plus 432 wells coming
on to the exceptions list during the quarter, constitute a new pending balance of 492 wells to be
addressed.
- The increase in new exceptions is due to a recent clarification of the SNC definition agreed to
by the Regions and Headquarters. Consequently, a large number of wells were reclassified
from noncompliance to SNC in Region V.
ENFORCEMENT ACTIONS .
o Through the second quarter, EPA proposed 51 administrative orders and issued 35 final orders.
EPA also referred one civil judicial case to DOJ.
o In the first quarter, the states issued 289 final orders and referred one civil action to the State
Attorney General.
(NOTE: Some State data are lagged one quarter)
-J4-
-------
UNDERGROUND INJECTION CONTROL
RESPONSE TO SIGNIFICANT NONCOMPLIANCE EXCEPTIONS REPORT
As of March 31, 1990
500
125
100
75
50
25
0
SNC'S ON RETURNED TO
EXCEPTION LIST COMPLIANCE
ON DECEMBER 1. 1989
PENDING
ENFORCEMENT
ACTION
DW-8
N SNC FOR TWO QUARTERS
V/A N SNC FOR MORE THAN TWO QUARTERS
-35-
-------
PUBLIC WATER SUPPLY SYSTEMS
COMPLIANCE
o Of 58.659 Community Water Systems (CWSs), OW reports that 544 are in SNC for violations of
microbiological, turbidity, total trihalomenthane MCLs and 354 are in SNC for violations of
chemical and/or radiologica.1 MCLs.
o OW also reports that of the 25,936 nontransient noncommunity water systems (NTNCWS), 82
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 first quarter FY 1990, 209 CWSs were listed as "new SNCs" for violations of
microbiological, turbidity, total trihalomethane. chemical and/or radiological maximum contaminant
levels (MCLs) and/or monitoring and reporting (M&R) requirements. Of these, 67 returned to
compliance and 84 had an enforcement action against them. At the beginning of the first quarter,
there were 648 CWSs. in SNC, already pending on the exceptions list. During the first quarter, 77
systems returned to compliance and 32 were addressed by an enforcement action. The other 539
CWSs previously on the list remain to be addressed.
ENFORCEMENT ACTIVITY
o In the first quarter, the Regions issued 17 final administrative orders including 3 complaints for
penalty. In the first quarter, the states issued 330 administrative compliance orders. The states
also referred 36 civil cases and filed 21 civil cases and one criminal case.
Data are lagged one quarter)
-36-
-------
MICRO/TURBIDITY
CO
450
400
350
300
250
200
150
100
50
0
PUBLIC WATER SYSTEMS
RESPONSE TO SNC
EXCEPTIONS REPORT
As of March 31, 1990
CO
250
200 -
150 -
100 -
50 -
CHEMICAL/RAD
DW/E-3
SNC* RETURN TO ENF. PENDING
COMPL, ACTIONS
I I IN SNC FOR TWO QUARTERS
Y77A IN SNC FOR MORE THAN TWO QUARTERS
SNC* RETURN TO ENF. PENDING
COMPL. ACTIONS
* EXCEPTIONS AT START OF QUARTER
-37-
-------
CO
-------
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), estuaries, 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 federal, state, and local governments to
improve the water quality and restore the living resources of the Chesapeake Bay.
o The Wetlands program uses strategic initiatives to 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 review or
veto the sites for Corps of Engineers permits for such discharges into wetlands, and 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.
-39-
-------
OCEAN DUMPING
EPA is responsible for designating ocean dumping sites used by the Corps of Engineers (COE) to
dispose of dredged material. (Ocean dumping of sewage sludge is banned under the Ocean
Dumping Ban Act of 1988.) It takes about two to three years to designate an ocean dumping site.
The process includes developing 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. After designation, these sites are monitored to ensure
that no adverse impacts occur to the marine environment.
o There were about 150 sites proposed for ocean dumping five years ago. Under a 1987
agreement with the COE, EPA plans to take final action on all existing proposed sites through
FY 1991. So far, final actions have been taken for 86 sites.
FINAL ENVIRONMENTAL IMPACT STATEMENT ISSUANCE
o The Regions committed to issuing 12 final EISs for ocean dumping sites in FY 1990. Through
mid-year, Regions II and VI completed one final EIS each, both in the first quarter, for a total
of two against a national target of four.
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. Through the second
quarter, Regions II, VI and IX made a total of five site designations, against a national target of
four.
-40-
-------
14
12
10
8
6
4
2
0
FINAL EIS ISSUED
OCEAN DUMPING
As of March 31, 1990
25
20
15
10
FINAL ACTIONS
* NATIONAL
200
150
100
50
PROPOSED FINAL
SITES ACTIONS
* DATA SOURCE INCLUDES
1989 REPORT ON OMEP
ACTIVITIES AND PROGRAMS
WQ-1
LEGEND
3$ TARGET
ACTUAL
-41-
-------
CHESAPEAKE BAY PROGRAM
"...we commit to managing the Chesapeake Bay as an integrated ecosystem..." (Preamble)
In December 1987, EPA, the Bay states (MD, VA, PA), the District of Columbia, and the
Chesapeake Bay Commission signed an agreement containing specific objectives to improve the
Chesapeake Bay. The main focus is the restoration and protection of the Bay's living resources.
Towards this, EPA and the states are committed to reducing the nitrogen and phosphorus load to
the Bay's mainstem by at least 40 percent by the year 2000.
ACTIVITIES
Of the 29 commitments in the 1987 Agreement, the 26 due to date are completed including:
o The Second Progress Report (the first biennial report to Congress) which reports:
adoption of fishery management plans for blue crabs, oysters, shad, and herring;
agreement for construction of a fish passage facility at Conowingo Dam, MD;
successful transplanting of several hundred acres of submerged aquatic vegetation;
the Maryland Nontidal Wetlands Restoration Act of 1989; and
a public domain patent for Hampton Roads' biological nutrient removal process.
INDICATORS
The Bay Program has been compiling extensive monitoring data to characterize the natural
variability of the Bay. Indicators used to assess long term environmental trends include:
o Total Phosphorous, which has shown a decrease of about 20% over the last five years. The
decrease resulted from almost 30% point source reductions, primarily from phosphate detergent
bans in MD, DC, and VA and, to a lesser extent, phosphorous removal systems at some
wastewater treatment plants, and about 7% reduction in nonpoint source loadings.
o Total Nitrogen, which has shown a rise for the basin as a whole, partly due to increased
wastewater flows where population grew, and partly because specialized nitrogen removal
systems have been adopted at very few wastewater treatment plants.
-42-
-------
CHESAPEAKE BAY INDICATORS
TREND IN TOTAL PHOSPHORUS IN CHESAPEAKE BAY
OCTOBER 1984 - SEPTEMBER 1989
Susauehanna
River
Baltimore
Tangier
Sound
Atlonlic
Ocean
I
I
4000 /
3000-
2000*
1000-
89
TREND IN TOTAL NITROGEN IN CHESAPEAKE BAY
1950 - 1988
1000 T -^ r-200
source: Chesapeake Bay Program computerized database
-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. 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: public education, advance identification, multi-objective planning, enforcement,
jurisdiction delineation, or wetlands restoration. A strategic initiative is completed when all aspects
of the activity have been implemented (excepting evaluation of results) and usually takes two to
three years to complete.
o The Regions committed to starting 13 strategic initiatives during FY 1990. Through mid-year,
10 wetland strategic initiatives were started, against a target of eight. These initiatives include:
Advance identifications and special area management plans;
Public education and agricultural community public outreach projects;
Creation of a wetlands mitigation bank for Superfund sites; and
Regional-wide targeting study and an enforcement initiative.
o Starting with FY 1986, there have been 63 wetlands projects started: 39 advanced identifications,
and 24 other strategic initiatives. Of these, 12 have been completed to date.
WETLANDS §404 (DREDGE AND FILL) ENFORCEMENT ACTIONS
o The second quarter, EPA issued 51 wetlands administrative orders including eight for penalties.
Also, EPA has referred three civil cases and two criminal cases to DOJ, and resolved 108 cases.
-44-
-------
STRATEGIC MTIATIVES
STARTED
15
10
5
0
LEGEND
TARGET
ACTUAL
2 3
QUARTERS
50
WETLANDS
As of March 31, 1990
75
50
25
ADMINISTRATIVE ORDERS
COMPLETED
WQ-2. WQ/E-1
2 3
QUARTERS
STRATEGIC INITIATIVES
COMPLETED
.&'
.0"
89
90
(mkJ-yr)
LEGEND
O STARTED
*- COMPLETED
LEGEND
I I AOs WITHOUT PENALTES
AOs WITH PENALTES
-45-
-------
-------
SURFACE WATER PROGRAMS
Water quality assessment, municipal pollution control grants, NPDES permit reissuance and pretreatment
programs are all designed to protect or improve the quality of our surface water.
o Water quality standards, planning and assessment programs provide oversight to States in their
efforts. These efforts include adoption of numeric criteria for toxic pollutants; evaluation of
waterbodies to determine the need for an Individual Control Strategy; and establishment of Best
Management Practices for controlling nonpoint source pollutants.
o Municipal pollution control programs are shifting their emphasis from construction grants to state
revolving fund capitalization grants. Grant outlays and administrative completions for construction
grant projects are tracked in this report, as is progress in awarding capitalization grants.
o NPDES permit activity reported in STARS includes permitting of major facilities, repermitting and
permit modification with water quality based controls and repermitting with Individual Control
Strategies. This year, permits to sludge producing facilities and permits for facilities discharging to
near coastal waters are issued and tracked. EPA and delegated states also report pretreatment
auditing and inspection activity.
-47-
-------
WATER QUALITY ASSESSMENT ACTIVIT1ES
NUMERIC CRITERIA FOR TOXICS
EPA must approve state adoption of aquatic life and human health numeric criteria in order to comply with
section 303(cX2)(B) of the Clean Water Act, which is designed to address and control toxic pollutants in
surface waters.
o EPA approved state adoption of aquatic life criteria for 5 of the 16 targeted states. Human health
criteria approval activity is 24% of target, (4 of the 17 states targeted in the second quarter). To
date, nine states are in full compliance. EPA expects to approve aquatic life numeric criteria for 40
stales and human health criteria for 43 states by the end of this fiscal year.
304(1) 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.
o Through this quarter, of 46 states targeted for Regional approval, only 25 states lists were given
final approval. While Regions 4,8,9 and 10 performed to target, overall performance is only
54% of target. OW expects final EPA approval action for all 56 states by the June 4, 1990
staiuatory deadline.
NONPOINT SOURCE CONTROL
Thirty six statewide programs to control nonpoint source pollutants were started in FY 90. Activity was
limited to five Regions, with Regions 5,6, and 8 performing the vast majority of work.
-48-
-------
WATER QUALITY ASSESSMENTS
As of March 31, 1990
STATUS OF 304(1) APPROVALS
O
FNAL REGIONAL APPROVAL COMPLETED
U.S. TERRITORIES
304(1) 303(c)(2)(B)
[Ml GUAM IH
I I VIRGIN ISLANDS
ES3 AMER. SAMOA (ZZJ
[Ml N. MARIANNA EZ1
D.C. CM
PUERTO RICO (771
STATE ADOPTION OF NUMERIC CRITERIA
303 (c)(2)(B) COMPLIANCE
COMPLIANCE EXPECTED BY EOY
FULLY COMPLIANT AS OF 3/31/90
-49-
-------
MUNICIPAL POLLUTION CONTROL PROGRAMS
EPA continues to move toward increasing state flexibility in financing wastewater treatment facilities and
other water related projects. In the second quarter, 88% of total outlays was for construction grants, and
12% was for state revolving funds.
NET OUTLAYS
Nationally, STARS data shows net outlays at 105% of target. Two Regions are in the target window, but
five Regions have exceeded midyear targets, three of these by more 120%.
STATE REVOLVING FUND AWARDS
Of the 21 states targeted to receive awards through midyear, 11 were awarded. New York received its
first grant this quarter. To date, 44 states have established SRFs. Although these monies may be used for
a variety of water projects, the current trend is to finance wastewater treatment activities.
CONSTRUCTION GRANTS ADMINISTRATIVE COMPLETIONS
Administrative completions represent the stage in a project just prior to the final audit. Second quarter
performance was 91% of target, with six Regions meeting or exceeding targets. Region 5, however,
performed to 55% of target.
-50-
-------
MUNICIPAL POLLUTION CONTROL
As of March 31, 1990
o
120
100
80
60
40
20
0
NET OUTLAYS
FOR CONSTRUCTION GRANTS AND
STATE REVOLVING FUNDS
I I. II IV V VI VII VIII IX X NATIONAL
PROGRAM
SRF AWARDS STATUS
As of May 1, 1990
CHI NO AWARDS
ma ONE GRANT AWARD
TWO OR MORE GRANT AWARDS
WQ-8.9,10
100
CO
o
ft
ADMINISTRATIVE COMPLETIONS
I777I TARGET THIS QUARTER
COMPLETED THIS QUARTER
I II II IV V VI VI
UNIVERSE 80 109 165 153 226 108 85
400
- 200
MDYEAR
TOTAL
-51-
-------
NPDES PERMIT PROGRAMS
The National Pollutant Discharge Elimination System (NPDES) controls point sources of pollution in the
nation's waters under the authority of the Clean Water Act.
MAJOR PERMITS REISSUED
Of the permits reissued through midyear, States performed 77% of the work, and EPA 23%. State
performance is at 69% of target; EPA reissued to 87% of target. States in Regions 5, 8 and 10 permitted
fewer than 50% of their target. In Region 1, EPA reissued 4 permits against a target of 15. Regions 4 and
10 reissued approximately 50% of their targets. Region 6 was well above target.
MAJOR AND MINOR PERMITS WITH TOXIC LIMITS
STARS tracks the number of permits reissued or modified to limit priority toxic pollutants from point
sources. EPA issued/modified 55 and the States issued/modified 379 permits with water quality based
limits by midyear. States issued 66 permits as Individual Control Strategies. There are no targets for
these activities. Performance by Region is illustrated on the next page.
SLUDGE PERMITS
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. Through this quarter, 93 of the targeted 119 priority sludge
facilities were permitted by EPA and states. Regions 3,6 and 7 exceeded targets, but Region 10
accomplished less than 15% of target.
NEAR COASTAL WATERS PERMITS
This quarter, EPA and the states issued 464 permits to facilities discharging into marine and estuarine
waters. These permits are designed to control the discharge of bioaccumulative and persistent toxicants.
EVIDENTIARY HEARINGS
States performance in resolving hearing requests for majors is under target: states in Regions 1, 2, 5 and
6 did not meet commitment levels. Eight requests were resolved (four in Region 5 and four in Region 4).
EPA resolved eight pending hearing requests for majors, against a target of three.
-52-
-------
MAJOR PERMITS
BY EPA
NPDES PERMIT PROGRAM
As of March 31, 1990
MAJOR PERMITS
DU
g 60
(jj 40
ft 30
BJ 20
i 10
0
REGION
[ZZZ TARGET
~ ESHl PERFORMANCE
-
-
-
is
/
/
S:
100
80
CO
gj 60
ft
5 40
5
§ on
n
ill J,
3C
t
)
V
1 1 IV
3£
I
V
7
;
33
nra J,
vi vi vn
IX
17
T
/
/
9
1
0
/
/
/
3
87
-
X NATL.
i*u 150
125
100
60 75
50
25
0
REGIC
)N
-
-
-
73
S: 1
M
/
1
3
1
7
65
/ 4
\3
3
^
I1
13
/
/
/
'(ZZ2 TARGET
mm PERFORMANCE
59
p
1 IV V
TOXIC LIMITS PERMITS: EPA AND DELEGATEC
88
3
P7
23
L
lj
12
*» 1
5
ST-
^
i
«if
VI VI
20
l/r
33 32
2
/
^
^
I
2!
6
-
401
22£
VII IX X NATL.
> STATES
EXS EPA REISSUED/MODFED WITH WATER QUALITY BASED LIMITS
dH STATE REISSUED/MODFIED WITH WATER QUALITY BASED LMTS
mm STATE REISSUED AS NDIVIDUAL CONTROL STRATEGY
40
i i
18 17
1 I
31
E*x
V*
y*
*V
5<
§
y^
**
v^
t
>
>
> 6
12 10
3
IV
3 1
34
8
cd
n
3
"Siiil
NP-1
IV V VI VI VII IX
REGION
-53-
-------
-54-
-------
PRETREATMENT PROGRAMS
Pretreatment programs assure that POTWs implement and enforce controls
needed to protect human health, the environment from conventional and toxic pollutants and hazardous
wastes. There are 1,429 POTWs with pretreatment programs. EPA is responsible for 621 and delegated
states for 808. To assure compliance in the program, an audit or inspection is performed every year.
AUDITS
Audit performance through the second quaner is well above expectations, with EPA perfonnjng 58 against
a target of 40, and states completing 151 against a target of 82.
INSPECTIONS
This quarter, the national total of inspections by EPA is on target. Region 1 fell short by performing 10
against a commitment of 18. Regions 4,6, 8 and 9 met or exceeded their inspection goals.
-55-
-------
NPDES INSPECTIONS
o For coverage of major NPDES facilities, the Regions and states conducted 3,027 inspections
against a second quarter target of 2,726 for 111% of the aggregate national target. Six Regions
(I. II, III, V, VI and VII) exceeded their target. This year's annual inspection target is 6,783
facilities.
NPDES SIGNIFICANT NONCOMPLIANCE
o Of the 7,212 total NPDES facilities, 617 (9%) were in SNC during the second quarter.
o Overall, 94% of major industrials are not in Significant Noncompliance (SNC). For major
industrials, 3,072 of 3,259 facilities (94%) have achieved Final Effluent Limits (FEL). Of 3,072
facilities on FEL, 181 (6%) are in SNC. Of 187 facilities on Construction or Interim Effluent
Limits (CS/IEL), 26 (14%) are in SNC.
o Overall, 90% of major municipals are not in SNC. For major municipals, 3,346 (88%) of 3,803
facilities have now achieved FEL. (For comparison in the fourth quarter of FY 1986, only 68%
of major municipals had achieved FEL.) Of 3,346 facilities on FEL, 270 or 8% are in SNC. Of
457 facilities on CS/IEL 125 (27%) are in SNC.
o Overall, 90% of major federal facilities are not in SNC. For major federal facilities, 138 (92%) of
150 facilities have achieved FEL. Of 138 facilities on FEL, 11 (8%) are in SNC. Of the 12
facilities on CS/IEL, four (33%) are in SNC.
-56-
-------
NPDES INSPECTIONS AND MAJORS COVERAGE
As of March 31, 1990
TARGET (2Q)
ACTUAL (2Q)
WQ/E-12
7000
6000
5000
4000
3000
2000
1000
IV
V VI
REGIONS
VI VI
IX
NATIONAL
TOTAL
NPDES SIGNIFICANT NONCOMPLIANCE
INDUSTRIAL MUMCPAL
(0
16
12
8
REGIONS
WQ/E-4.5
SNCCS/EL
SNCFEL
IV V VI VII VII IX X NATIONAL
REGIONS
-57-
-------
RESPONSE TO SIGNIFICANT NONCQMPLIANCE
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 51
facilities (13 industrial, 34 municipal and four 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, but an increase
of two from last quarter. Region II (13) and Region IX (11) continue to have the most facilities
that have been in SNC for a year or more.
For major industrials, of 49 facilities from last quarter's exceptions list, 16 have returned to
compliance (RTC) and eight have enforcement actions initiated. The remaining 25 plus 13
new significant noncompliers on the exceptions report constitute the pending balance of 38.
One percent of the 3,259 major industrial facilities are pending on the exceptions report.
For major municipals, of 105 facilities from last quarter's exceptions list, 41 have returned to
compliance and 15 have had enforcement actions initiated. The remaining 49 plus 49 new
significant noncompliers on the exceptions report constitute the pending balance of 98. About
two and a half percent of 3,803 major municipal facilities are pending on the exceptions
report.
o Of the seven Federal facilities from the last quarter's exceptions list, two returned to compliance
and none had enforcement actions initiated. The remaining five significant noncompliers
constitute the pending balance of five facilities. Three percent of all major Federal facilities (150)
are pending on the exceptions report. Four Federal facilities have been in SNC for at least a
year.
-58-
-------
20
15
10
RESPONSE TO SIGNIFICANT NONCOMPLIANCE
EXCEPTIONS REPORT
As of March 31, 1990
MAJOR INDUSTRIALS MAJOR MUNICIPALS
NATIONAL
I I II IV V VI VI VII IX X
REGIONS
IV V VI VI VI IX X
REGIONS
WQ/E-6.7
I I RETURNED TO COMPLIANCE
E2ZI ENFORCEMENT ACTION
MM UNADDRESSED
-59-
-------
NPDES ENFORCEMENT ACTIVITY
o Through the second quarter, EPA issued 569 administrative orders compared to 498 and 729
reported tor the same period the last two years (starting this quarter, the total does not include
any SPCC orders). The orders include 53 for failure to implement a pretreatment program and
76 proposed penalty orders. The states reported they have issued 410 orders through the second
quarter (compared to 466 reported in SPMS for the same period last year).
o This year, the Regions have referred 12 NPDES civil cases to DOJ compared to 34 last year, plus
one Pre-Referral Negotiations Case and six consent decree enforcement cases. The states have
referred 95 civil cases this year compared to 164 last year.
o The Regions have referred 12 Clean Water Act criminal cases and the states filed have 27
criminal cases in state courts.
o During FY 1990, EPA has had 226 cases in the active civil docket (civil referrals to DOJ). As of
the end of the quarter, 78 cases were at DOJ, 108 cases were filed by DOJ, 23 cases were
concluded, and 17 cases are currently in the returned to the Region status. The states report an
active civil docket of 766 cases (including 494 in Region V).
-60-
-------
NPDES ENFORCEMENT ACTIVITY
CUMULATIVE
As of March 31. 1990
ADMINISTRATIVE ORDERS
CIVIL REFERRALS
25
20 -
15 -
10 -
5 -
IV V VI VI Vi IX X
REGIONS
IV V VI VI V« IX X
REGIONS
WQ/E-8.9
-61
-------
-62-
-------
-------
"X,
-------
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-
-------
-QQ-
-------
OFFICE OF PESTICIDES AND TOXIC SUBSTANCES
SECOND QUARTER HIGHLIGHTS
o OPTS exceeded many of their second quarter cumulative targets. Targets were exceeded for:
- Old Chemicals (completed 969 against a target of 725)
Amendments (completed 1,692 against a target of 1,240).
Tolerance Petitions (35 final decisions made against a target of 25).
o Data Call-Ins on 23 major List A chemicals are under review at OMB, delaying the
reregistraton process for these high profile chemicals
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 145 Asbestos accreditation programs during second quarter.
-67-
-------
-68-
-------
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 registered before November 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 second portions of reregistration fee.
Phase 3. Registrants submit required existing studies and other information, 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 second quarter, therefore, missing its
second quarter target of seventeen. This was due to a new OMB review requirement. The
new OMB requirement will further delay the actual mail-out of the DCI's. Twenty-three
DCI's are currently being reviewed by OMB.
-69-
-------
o
I
-------
PESTICIDES SPECIAL REVIEWS
o A "Special Review" is a review of an active ingredient for which data indicate a potential for
unreasonable adverse .effects to public health or the environment.
OPTS has completed one special review during the second quarter against a target of four.
REVIEW
Daminozide (alar)
TYPE OF DECISION
Tolerance Decisions (FR55:10218)
- Tolerance revocation of raw agricultural commodities:
tomatoes, meat, meat byproducts, milk and eggs.
Effective: 4-19-1990
- Tolerance revocation of feed and food additives;
peanut meal, processed tomatoes, and tomato pomace.
Effective: 4-19-1990.
- Lowers and Establishes a tolerance expiration date
for apples and apple products. Effective: 11-30-1990.
- Lowers and Establishes expiration dates for remaining
tolerances. Revocation of remaining tolerances
Effective: 5-31-1991.
-71-
-------
PESTICIDE REGISTRATION APPLICATIONS
o OPTS met or exceeded cumulative targets for the following categories during second quarter.
New Uses - 49 final decisions were made against a second quarter target of 30.
Amended Registrations - 1,692 final decisions have been made against a second quarter
target of 1,240.
Old Chemicals - 969 final decisions have been made against a target of 725 this quarter.
o The pesticide registration application backlog increased for three categories, decreased for one
category during second quarter (from 3,083 at the end of first quarter to 3,314 second quarter).
Backlogs are as follows:
There was an increase for:
New Uses from 78 to 109
Amended Registrations from 1,894 to 2,193
New Active Ingredients from 3 to 4
There was a decrease for:
Old Chemicals from 1,108 to 1,008
-72-
-------
PESTICIDE REGISTRATION APPLICATIONS
NUMBER OF FINAL DECISIONS
(CUMULATIVE)
As of March 31, 1990
CO
o
111
o
2000
1600
1200 -
800 -
400 -
ACTIVE INGREDIENT NEW USES
P-4
LEGEND
TARGET
ACTUAL
AMENDED OLD
REGISTRATION CHEMICALS
-73-
-------
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 OPTS made 116 final decisions, against a second quarter cumulative target of 120. During the
second quarter OPTS made 73 final decisions, against a second quarter target of 80. Of these,
71 exemptions were issued (thirty granted to USDA) and 2 were denied.
PESTICIDE TOLERANCE PETITIONS
A tolerance petition decision applies to all requests for tolerance levels and exemptions from
requirement of a tolerance level for pesticide residues in or on raw agricultural commodities,
processed foods and minor uses.
o OPTS made final decisions on 35 tolerance petitions, exceeding their second quarter cumulative
target of 25. During second quarter, OPTS made final decisions on 18 tolerance petitions,
exceeding their second quarter target of 15.
-74-
-------
EMERGENCY EXEMPTIONS GRANTED
Second Quarter
RI
NORTH DAKOTA MINNESOTA
1 \ 2
WISCONSIN
CZ?
PUERTO RICO
2
-75-
-------
-------
OFFICE OF TOXIC SUBSTANCES
TSCA NEW CHEMICAL REVIEWS
o Valid New Chemical Notices Received - 451 new chemical notices have been received this
quarter. OPTS anticipated receiving 2790 new chemical notices this fiscal year.
Of the 451 received, 278 are PMNs, which includes one biotechnology PMN. 175 were valid
exemption notices (i.e., polymer exemptions, low volume exemptions, and test market
exemption applications).
o Control Actions - 32 control actions (action taken on new chemicals which pose a threat to
public health or the environment) have been taken this quarter. Six were PMNs which were
withdrawn in face of regulatory action, 22 were PMNs with consent orders issued, and 4 were
exemptions which were denied. OPTS expects to receive and address 170 control actions this
fiscal year.
o Notices of Commencement (NOC) - 246 NOCs have been received this quarter.
-77-
-------
PUBLIC ACCESS TO SECTION 313 TOXIC RELEASE INVENTORY (TRI) DATA
OTS reports quarterly on how data collected under Section 313 of the Emergency Planning and
Community Right-to-Know Act (as referred to as Title III of the Superfund Amendments) are
disseminated to the general public.
EPA has selected the National Library of Medicine's TOXNET automated database system as
the method for online access to TRI data. In addition, EPA has decided to produce and market
the TRI data via computer tapes, compact disks (CD-ROM), microfiche, and computer diskettes.
The data are also provided to the public at the Title III Reporting Center.
1st Quarter 2nd Quarter
Number of Computer Search Hours 1,374 1,600*
TRI products sold
Magnetic tapes 62 2
PC Diskettes 128 200
Microfiche 12,083 13,000
Reporting Center
Phone Request 139 404
Walk-In Request 8 9
* Estimate, information not available for second quarter.
-78-
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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
II
III
IV
V
VI
VII
VIII
IX
X
TOTAL
32
6
8
22
21
5
36
32
5
2
169
-------
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 second quarter, the Regional Offices conducted 93 workshops. Region VII conducted 61
of the 93. The breakdown by Region is as follows:
WORKSHOPS
REGION CONDUCTED
I
II
III
IV
V
VI
VII
VIII
IX
X
TOTAL
3
5
2
0
0
14
61
6
2
0
93
-80-
-------
EPCRA - NUMBER OF TECHNICAL ASSISTANCE/
PRESENTATIONS CONDUCTED
The Regions are to report quarterly on the number of technical assistance/ presentations 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 second quarter, the Regional Offices conducted 24 presentations. Region VII conducted
10 of the 24. The breakdown by Region is as follows:
PRESENTATIONS
REGION CONDUCTED
I
II
III
IV
V
VI
VII
VIII
IX
X
TOTAL
2
4
3
0
0
0
10
0
1
4
24
-81-
-------
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 second quarter the Regions held a total of 23 workshops.
The Regional breakdown is as follows:
WORKSHOPS
REGION CONDUCTED
I
II
HI
IV
V
VI
VII
VIII
IX
X
TOTAL
9
6
0
0
0
1
3
3
0
1
23
-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, such as availability of the Toxic Release Inventory (TRI)
and how to access and use TRI. These types of presentations are minimal compared to conducting
outreach assistance workshops. During second quarter, the Regions made 20 presentations. Region
I conducted 12 of the 20 presentations. The Regional breakdown is as follows:
OUTREACH ASSISTANCE
REGION WORKSHOPS
I
II
III
IV
V
VI
VII
VIII
IX
X
TOTAL
12
2
0
0
0
0
5
0
0
1
20
-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 second quarter, the States conducted 145 accreditation programs as follows:
Region
I
II
III
IV
V.
VI
VII
VIII
IX
X
Worker
2
4
2
4
37
1
2
2
0
0
Contractor/
Supervisor
2
6
2
0
42
1
2
2
0
0
Inspector/
Management
2
6
1
1
10
0
1
1
0
1
Project
Designer
2
3
1
2
2
0
1
0
0
0
TOTAL 54 57 23 11
-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 second quarter Regions conducted the following audits:
AUDITS FOR CONTINGENTLY AUDITS FOR REFESHER
REGION APPROVED COURSES COURSES
I 5 1
II 29 7
III 9 10
IV 20 13
V 13 15
VI 11 8
VII 7 11
VIII 13 4
IX 0 0
X Q 6
TOTAL 107 75
-85-
-------
FIFRA COMPLIANCE MONITORING INSPECTIONS
AND COMPLIANCE LEVELS
(*NOTE: State data are lagged one quarter.)
o In the first quarter of 1990, the states completed 6.253 FIFRA use and restricted use pesticide
dealer inspections, completing- 193% of their state grant targets. Based on these inspections, the
states reported taking 2.031 enforcement actions in the first quarter representing a violation rate
of 32% for "use" inspections. In first quarter of 1989, the states completed 5,031 inspections, with
1,570 enforcement actions taken and a violation rate of 31%.
o In the second quarter of FY 1990, Regions VII and VIII, with non-delegated programs, completed
a total of 134 use and restricted use dealer inspections, achieving 119% of their targets.
ADDRESSING FIFRA SIGNIFICANT NONCOMPLIANCE
o Through the second quarter, the Regions referred 31 significant use violations to the states for
investigation and enforcement action. Thirty-one were also referred at the end of the second
quarter of FY 1989.
o The Regions also identified 40 significant violator cases for EPA action.
FIFRA ENFORCEMENT ACTION
o The Regions issued 71 administrative complaints through the second quarter of FY 1990,
compared to 91 a year ago. Through the second quarter of FY 1990. three FIFRA civil cases
were referred to DOJ and one FIFRA criminal case was referred.
-86-
-------
Is
O
40
30
20
10
FIFRA COMPLIANCE AND ENFORCEMENT
As Of December 31, 1989
'USE' MSPECTION LEVELS
(DATA LAGGED ONE QUARTER)
1
2 3
QUARTERS
COMPLIANCE STATUS
- 125+
--(-- TARGET
6.253 USE
NSPECTIONS
CONDUCTED
II IV V VI VN VIII IX X
REGIONS
REFERRALS TO STATES
P/E-1.3.4
(15) CH ADDRESSED WITHN TIYEFRAME
(7) K3 PENDNG WITHN TMEFRAME
(9) IT/I ADDRESSED BEYOND TMEFRAME
(0) NOT ADDRESSED BEYOND TIMEFRAME
ui
O
50
40
I30
*2"
10
0
(32%)
(68%)
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
(40) (18) (21) (1)
-87-
-------
TSCA INSPECTIONS AND COMPLIANCE LEVELS
o The Regions and Headquarters completed 112% of their second quarter target for TSCA
compliance inspections by conducting 839 inspections versus a target of 752. States with
inspection grants conducted 959 inspections, or 98% of the states' second quarter target. Of the
total 1,798 inspections completed during the second quarter, 508 (28%) were in compliance, 1.083
(60%) were pending a compliance determination, and 207 (12%) were in violation. The number
of initial EPA Regional and state grant inspections conducted for PCB disposal facilities was 39,
or 130% of the second quarter target. Initial inspections conducted for broker/storage facilities
total 61, or 139% of the second quarter target (only initial inspections are targeted).
RESPONSE TO TSCA SIGNIFICANT NONCOMPLIANCE
o At the beginning of the year, the Regions had 617 SNC cases on the fixed base. Of this total,
417 are pending issuance of enforcement action and 200 are opened (issued but not closed). At
the end of the second quarter, 66 SNC and 122 Non-SNC pending cases were issued and 61 SNC
cases were closed. Through the second quarter of FY 1990, the Regions identified 13 new
significant violators based on FY 1990 inspections. Two cases were issued within 180 days of
inspection.
o For Federal facilities, 38 TSCA SNC cases were identified at the BOY. Of the total, 22 were
open (issued but not closed) and 16 are pending enforcement actions. At the end of the second
quarter, 10 SNC and one Non-SNC pending cases were issued and 12 of the total 38 cases were
closed. The Regions did not identify any new significant violators through the second quarter
based on FY 1990 inspections.
TSCA ENFORCEMENT ACTIVITY
o Through the second quarter, the Regions issued 191 administrative complaints. One TSCA civil
case was referred to DOJ and three criminal cases were referred.
-88-
-------
TSCA COMPLIANCE AND ENFORCEMENT
As of March 31, 1990
TSCA FEDERAL AND STATE INSPECTIONS
PCB INSPECTIONS
IOC
ItO
i inn
[jj IUU
oc
*- 75
>-
fir
(ZZ en
oc 5°
8
25
-
-
<: .
/
/
X
x
/
/
x
x
x
x
X
X
/
x
x
x
x
x
x
X
x
7]
X
X
X
X
/
/
/
/
/
/
/
/
~?
/ «
X
/
/
/
/
/
/
/
/
/
/
/
/
/
/
/
X
X
X
X
/
X
X
X
X
X
X
^
x
X
X
X
X
/
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
>
X
X
X
/
x
X
/
/
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
x
X
X
X
X
X
X
/
X
X
/
x
/
X
X
X
X
x
x
X
X
X
X
X
1
IOC. 4OC
- I^O+ I^O
*r A 1 fY)
TARGET 1UU
tjj
&S 75
0<
L ^
o rc °*'
o 25
-
-
;
/
/
X
^
/
^
'
^
^
^
^
/
\
/
X
/
''*,
/
x
^
/
s
'
'
X
/
/
/
/
/
/
/
/
/
;
/
/
^
/
/
'
/
^
7
^
/
/
^
X
^
^
/
^
/
X
/
/
X
/
/
x
/
\
125+
. TARGET
IV V VI VI Vi IX X HQ
REGIONS
TSCA SK3NFICANT VIOLATORS FIXED BASE
(PRE FY 1990 CASES)
700
m
REGIONS
PCB DISPOSAL FACLITY
/2 PCB BROKER/STORAGE FACILITY
T/E-1.3.6
BOY OPEN PENONQ PENONQ PENDINQ CASES
TOTAL SNC NON-SNC CLOSED
CASES CASES
ISSUED ISSUED
-89-
-------
EPCRA INSPECTIONS AND COMPLIANCE LEVELS
o At the end of the second quarter of FY 1990, the Regions and Headquarters completed 327
EPCRA inspections or 105% of their target. Of the total 327 completed inspections this quarter,
109 (33%) were in compliance, 138 (42%) were pending a compliance determination, and 80
(25%) were in violation.
RESPONSE TO EPCRA SIGNIFICANT NONCOMPLIANCE
o At the beginning of the year, the Regions had 211 significant noncomplier cases on the fixed base.
This total includes 75 open cases (issued but not closed) and 136 pending issuance of enforcement
action. At the end of the second quarter. 48 SNC and 13 Non-SNC cases were issued. Twenty-
five SNC cases were closed.
o Through the second quarter, the Regions identified 64 new significant violators based on FY 1990
inspections. Seven cases were issued within 180 days of inspection.
EPCRA ENFORCEMENT ACTIVITY
o By the end of the second quarter of FY 1990. the Regions issued 80 administrative complaints.
No civil referrals have been issued this fiscal year.
-90-
-------
125
EPCRA COMPLIANCE AND ENFORCEMENT
As of March 31, 1990
EPCRA FEDERAL INSPECTIONS
I I II IV V VI VII VIII IX X
REGIONS
CO
O
225
200
175
150
125
100
75
50
25
0
SIGNIFICANT VIOLATORS FIXED BASED
(PREFY 1990 CASES)
TOTAL OPEN PENDING PENDING PENDING CASES
BOY SNC NON-SNC CLOSED
CASES CASES
ISSUED ISSUED
E/E-1-3
-91-
-------
-92-
-------
1)
:0
ri
3
OH
tn
I)
rt
0)
-------
-------
Office of Solid Waste and
Emergency Response
-93-
-------
-------
OFFICE OF SOLID WASTE AND EMERGENCY RESPONSE
o Highlights
o Superfund
Remedial and Removal Program
Enforcement
o Chemical Emergency Preparedness and Prevention
Preparedness and Prevention
Enforcement
o RCRA
Land Disposal
Incinerators
Storage and Treatment
Corrective Action
Regional Initiatives
Enforcement
o Office of Underground Storage Tanks
State Program Approvals
Leaking Underground Storage Tanks
-95-
-------
-96-
-------
OFFICE OF SOLID WASTE AND EMERGENCY RESPONSE
SECOND QUARTER HIGHLIGHTS
Superfund
o The Regions exceeded their targets for Site Investigations, and met their Remedial Action starts
targets in second quarter, completing 25 of 26 targeted starts.
o The Regions missed both first and second quarter targets for RODs, completing 20 (30% of
target), and missed targets for Remedial Design starts, completing 35 (57% of target).
o The Regions met or exceeded targets for §107 referrals and unilateral orders, but missed other
enforcement targets. There were 16 Interagency Agreements signed at federal facilities.
RCRA
o The Regions continue to exceed the targets for all permitting and closure measures.
The Regions completed 82 RCRA final permit determinations through second quarter,
exceeding the target of 6. A total of 116 RCRA facility closure plans were approved through
second quarter.
o
second quarter
CEPP/UST »
o Regions continue to substantially exceeded their targets for technical assists and emergency
simulations. Most Title III violators have been returned to compliance without formal
enforcement actions.
o LUST cleanups initiated, releases under control, and cleanups completed are increasing, and
continue to be paid for, over 95% in all stages, by the responsible parties.
-97-
-------
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 on the adjoining
chart. 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.
-98-
-------
**
The Superfund Remedial Program in Perspective
Pre-Remedial
Investigation
Site Discovery
::;:': OT :':;: :
Notification
Preiminary
Assessment
Remedial
Alternatives
Evaluation
Remedal
Investigation
I
Feastofty
Study
I
Record of
Decifitoh
** Removal activities can be initiated at any stage in the remedal program.
I I Activity is tracked r STARS
Remedial
Action
Implementation
Operation and
Maintenance
1
Post-Closure
Monitoring
-99-
-------
REMEDIAL PROGRAM OVERVIEW
o Using STARS data from the second quarter of FY 1990, the adjoining chart 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 second quarter each remedial stage shows varying progress. Most stages of the
remedial process have been substantially below target through several consecutive quarters.
From first to second quarter, performance through the pipeline remained roughly constant,
except RA Starts and Sites Addressed (RI/FS + Removal Activity), both of which reported
activity increases at or above target.
-100-
-------
200
180
160
140
120
ft 100
en
80
60
40
20
0
SUPERFUND REMEDIAL PROGRAM
NATIONAL PERFORMANCE PROFILE
As of March 31, 1990
SI
COMP
REMOVAL
ACTION AND
RI/FS
START*
REMEDIES
AT NPL SITES
(RODs)
FFST
RD
REMEDIAL ACTIVITY
FFST
RA
STARTS
PERFORMANCE / TARGET - PERCENT OF 2nd QUARTER TARGET
*COMBMED N FY 1990 TO INDICATE GENERAL ACTIVITY AT SITES
COMPLETION
OF ALL
REMEDIATION
CURRENT QUARTER
LAST QUARTER
- - ONE YEAR AGO
-101-
-------
Program Progress as
of March 31.1990
SlteDJu,, j
Notifteatton:
32.512 sites
Prefcuinary
Assessment
2&.900 sites
I
Inspection:
11,800 sites
HRS
Scoring:
2557 sites
National
Priority
Ustihg:
1.220 sites
SUPERFUND PRE-REMEDIAL INVESTIGATIONS
SITE INSPECTIONS
o 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 second quarter, the Regions completed 1,057 Sis, exceeding the target of 646.
As of March 31, 1990, the Regions have conducted 29,900 Preliminary Assessments,
representing 89% of those facilities discovered and reported to EPA. The Regions have
conducted 11,800 Sis, 39% of all sites that have had a PA. The investigations of 14,450
sites have shown that no further action is required.
o To date, 2,257 sites have been scored by the Hazard Ranking System, 274 of which have
been scored in FY 1990. There are 1,220 sites currently on the NPL or are proposed for
the NPL. Federal facilities account for 6% of the NPL sites to date.
o
-102-
-------
400
300
200 -
100 -
PRE-REMEDIAL SUPERFUND
As of March 31. 1990
SITE NSPECTIONS
I I IV V V) VI VI IX
REGIONS
TARGET FOR 2nd QUARTER
[Z22 ACTUAL 2nd QUARTER
tZD ACTUAL 1st QUARTER
2000
NATIONAL
1000
FY 89 FY 90
Q1-O4 Q1-Q2
NATIONAL TARGET
S/F-1.2
-103-
-------
Program Progress as
of March 31. 1990
Remedal
Investigation
and
Teasblty
Study:
1001 sites
Record of
Decision:
466 sites
o
o
o
REMEDIAL ALTERNATIVES EVALUATION
SITE ACTIVITY STARTS
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.
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.
STARS tracks sites addressed 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 addressed
46 sites in second quarter, against a target of 43.
In Superfund to date, 2,262 sites have had removal or remedial activities started, and of
these, 932, or 41%, included PRP (potentially responsible party) financing. Sixty sites
were federal facilities.
RECORDS OF DECISION (RODs)
o The Record of Decision document provides the basis for the remedial decision and
describes the selected remedy.
o In second quarter, 20 RODs were signed at NPL sites, for 31% of the target of 65. All
of these sites were the result of fund-lead RI/FS.
o Remedies have been selected at 466 NPL sites (19 of which were No Action Alternatives)
through March 31, 1990.
o
-104-
-------
SUPERFUND REMEDIAL ALTERNATIVE DEVELOPMENT
As of March 31, 1990
NPL SITES ADDRESSED
REMEDIES SELECTED AT NPL SITES (RODs)
20
15
10
I I
IV V VI VI VI IX X
REGIONS
20
15
10
1
1
1
1
1
1
1
1
1
1
1
//l
\
\
/^
r\_.
\
i
i
i
i
L
1
/ 7
/ /
'*,.
'/.
y//
y,
\
\
i r\
bl/y
p-f-
NATIONAL
RODs
200
150
100
50
IV V VI VI VI IX X
REGIONS
777.
FY89 FY90
Q1-Q4 Q1-Q2
TARGET FOR 2nd QUARTER
V77( REMOVAL ACTIONS AND
RI/FS STARTS
I | FIRST QUARTER
S/C-2
S/C-3
TARGET FOR 2nd QUARTER
Y7/\ RODa
FRST QUARTER
-105-
-------
REMEDIAL ACTION IMP! FMHNTATION
Program Progress as
Remedal
Design:
400 dies
Remedial
Action: :
280 sites
Operation and
Maintenance:
Monitoring
Completion
of Remedation
or Removal
438*08
o
o
o
o
REMEDIAL DESIGN ACTIVITY
The remedial design is the detailed plan for conducting the remedial action. STARS
tracks funding or PRP contract awards for remedial design activity starts.
The Regions initiated remedial design activity at 35 NPL sites, missing their second
quarter target of 61. As of March 31, 1990, remedial design activity had been initiated at
400 NPL sites.
REMEDIAL ACTION ACTIVITY
The Regions initiated 25 remedial action starts in second quarter, of the target of 26. Of
these 16 were PRP-financed and nine were fund-financed. As of March 31, 1990, there
are 280 NPL sites with remedies implemented or in progress. Of these 280, 144 or 51%
are fund-financed.
Remedial Implementation was completed at two sites in second quarter. The Regions had
targeted six completions for second quarter. As of March 31, 1990, 52 NPL sites have
been cleaned up.
Post-closure monitoring provides the remedy verification needed to delete a site from the
NPL. There were no sites deleted from the NPL in second quarter, and 28 sites have
been delete from the NPL to date.
-106-
-------
REMEDIAL DESIGN STARTS
REMEDIAL IMPLEMENTATION AT NPL SITES
As of March 31, 1990
REMEDIAL ACTION STARTS
20
16
12
8
4
ri
i
1
1
- 1
L 1
__l
FT/I
° I
-t
|
//,
/ /
ii
1
l_
'//
\\
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IV
1
1
1
1
"1
//
/>
//
/ /
V
I
1
1
1
I
i
i
I
//
VI
i i
VII
^
~ \
[771
VIII IX
X
IU
8
6
4
2
o
-
~~
-
u
j
|
I
'
^
/
/
/
/
i
"1
^
^
//
II
REGIONS
1
-.'
£
'//.
I
f '
/ / 1 *
// ___ . . ,
^2, r
* i
Ill IV V VI VII VIII IX X
REGIONS
COMPLETION OF REMEDIATION
4
3
2
1
n
r\
//
y^
'//
I
1
|
^_1_
\
\
L_
\
IL_)
\
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'
- TARGET FOR 2nd QUARTE
'//
; ACTUAL 2nd QUARTER
ACTUAL 1st QUARTER
S/C-4, 5. 6
IV V VI VII VIII IX X
REGIONS
-107-
-------
SUPERFUND ENFORCEMENT
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 two quarters of FY 1990, there were 20 Section 107 cost recovery site referrals to
OECM or DOJ for pre-remedial action (against a target of 20). There were two Section 107 cost
recovery site referrals for remedial action (against a target of seven), bringing the total number of
cost recovery site referrals (greater than or equal to $200,000) to 22 against a target of 27.
o In the OECM Docket, the total number of CERCLA Section 107 cost recovery referrals to DOJ,
including those less than $200,000 and/or those involving proof of claim bankruptcy issues, was 47
for the first two quarters, compared to 53 for the same period last year.
o The Regions had 24 Section 106 referrals for RD/RA with settlement (against a target of 26) and
14 sites were issued unilateral administrative orders for RD/RA (against a target of nine). There
were no Section 106 referrals without settlement (against a target of two). In FY 1989, there
were a total of 15 Section 106 cases referred during the first two quarters.
o The Regions issued 43 Section 106 removal orders (8 NPL/35 Non-NPL) during the first two
quarters compared to 34 (11 NPL/23 Non-NPL) in the first two quarters of FY 1989.
o There were 16 Interagency Agreements signed (against a target of 24) at NPL or proposed NPL
federal facilities for RI, FS, RD, RA or RD/RA. Six of these Agreements were in Region IV and
five were in Region X.
-108-
-------
SUPERFUND ENFORCEMENT
As of March 31, 1990
SECTION 107
COST RECOVERY REFERRALS
(CUMULATIVE)
ia
12
9
6
3
r»
r-
I
I
,-J
. "V/
"7/
V/lV/\ '/. Y/A
1
^
y
y/t
y/
y/<
1
I
1 f.
\ JU^ /A*. J
12
SECTION 106
REMOVAL ORDERS
(CUMULATIVE)
IV V VI VI VI IX X
REGIONS
6
3
0
SECTION 106
CIVL REFERRALS
(CUMULATIVE)
I HI IV V VI VI VI IX X
REGIONS
CUMULATIVE TARGET
CUMULATIVE ACTUAL
S/E-1(a)
IV V VI VII VII IX X
REGIONS
-109-
-------
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, localities, and private sector organizations to prevent and
respond to chemical accidents. CEPP is authorized under Title III of SARA
o Simulations are table-top or full-field exercises conducted to evaluate a contingency plan. In
second quarter, the Regions assisted with or participated in 51 test exercises, against a target
of 26.
o Technical assistance is the provision of expertise by EPA to improve preparedness and
prevention capabilities and programs. The Regions provided technical assistance in 303
instances, exceeding a second quarter target of 187.
o The Regions completed 53 of 56 State Status Reports. The status reports describe the status of
Title III implementation in each state.
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 second quarter, Regions sent 325 ARIP questionnaires to facilities with releases. EPA
will share the ARIP information with national, state, and local organizations.
o Eighteen on-site chemical safety audits were conducted by the Regions, of the second quarter
target of nineteen.
-110-
-------
CHEMICAL EMERGENCY PREPAREDNESS AND PREVENTION
ENFORCEMENT
As of March 31. 1990
50
40
30
20
10
0
C/E 1-4
H.
1.961
L_L
n.
2.131
R1 R2 R3 R4 R5 R6 R7 R8
R9 R10 NATIONAL
NVESTIOATONS
VIOLATIONS DENTFED
7~77( ENFORCEMENT ACTIONS
r~~l RETURNED TO COMPLIANCE
The enforcement program seeks to identify violators of SARA (§302, 303, 304, 311, and 312),
issue enforcement actions if necessary such as administrative or state orders, and return violators
to compliance.
Investigation activities of potential violations (chemical releases or administrative) varies greatly
between the Regions and includes on-site inspections, use of CERCLA §104 and ARIP letters,
and cooperation with state and local enforcement counterparts. Activities reported may include
state activity.
Of 2,131 investigations of potential violations, 25 violations were identified in second quarter (13
were identified in Region 3). There were 17 violators (15 in Region 3) returned to compliance
without formal enforcement actions, and seven (five in Region 3) returned with formal actions.
Of the 2,131 investigations, 92% were in Region 4 and included 1,036 letters sent by Georgia to
potential nonreporters, and 866 compliance inspections by Florida.
-in-
-------
THE RCRA PROGRAM
LAND DISPOSAL FACILITIES
As of April 11,1990 the land disposal facility (LDF) universe numbered 1,500. Of these facilities, 162 LDFs were on
the permit track, 994 were on the closur* 114 were on both tracks, and 230 LDFs were not classifiable.
PERMITTING TRACK
o As of April 11, 1990, 92% or 254 of the 276 facilities on the permitting track (including those facilities on both
tracks) have been determined. Twenty-two LDFs have yet to be determined.
o There are no targeted LDF measures for facilities on the permit track. There were six draft RCRA permits
issued and five final RCRA permit determinations through second quarter.
CLOSURE TRACK
o Of the 1,108 land disposal facilities on the closure track as of April 11,1990. (including those facilities on both
tracks) 819 have approved closure plans.
o The Regions approved 32 land disposal facility closure plans through the second quarter, the second quarter
target for this measure was 17.
o The Regions have issued 11 LDF post-closure permits through second quarter.
-112-
-------
120
100
80
60
40
20
0
LAND DISPOSAL FACILITIES
As of March 31, 1990
FINAL PERMIT DETERMINATIONS
(PROGRAM TO DATE)
NATIONAL
ii ii iv v vi vii vra ix x
REGIONS
NUMBER WITHOUT FINAL DETERMINATIONS
NUMBER OF PERMITS DENIED
NUMBER OF PERMITS ISSUED
15
12
9
6
CLOSURE PLANS APPROVED
NATIONAL
40
30
20
10
0
2ndQ
1990
I » IV V VI VI VII IX X
REGIONS
3 NUMBER OF CLOSURE PLANS APPROVED
TARGET FOR 2nd QUARTER
R/C-1(D&E)
R/C-1(F)
-113-
-------
INCINERATORS
As of April 11, 1990, the incinerator universe, which includes both stand alone incinerators and incinerators at
disposal facilities, numbered 341. Of these facilities, 205 incinerators were on the permit track, 89 were on the closure
track, 10 were on both tracks, and 57 were not classified as being on either track.
PERMITTING TRACK
o On the permitting track, 93% or 191 of the 205 facilities have been determined as of April 11, 1990. This leaves
14 facilities, currently on the permitting track (including those facilities on both tracks), to be determined .
o The Regions have made 35 final permit determinations through the second quarter. This performance
exceeds the second quarter target of 21. Of the 35 determinations, 30 resulted in issued permits and five were
denied.
o In addition, five draft permits and one notice of intent to deny have been issued through second quarter.
CLOSURE TRACK
o Of the 99 incinerators on the closure track as of April 11, 1990 (including those facilities on both tracks), 56
have approved closure plans.
o Through the second quarter, the Regions have approved 13 incinerator closure plans, exceeding the target of
five.
o The Regions issued five notices of incinerator closure plan availability through second quarter. There were
no incinerator post-closure permits issued during second quarter.
-114-
-------
20
15 -
10 -
5 -
0
INCINERATOR DATA TRACKED IN STARS
As of March 31, 1990
FINAL PERMIT DETERMINATIONS
I II III IV V VI VII VII IX X
REGIONS
NUMBER OF PERMITS DENIED
NUMBER OF PERMITS ISSUED
TARGET FOR 2nd QUARTER
CLOSURE PLANS APPROVED
NATIONAL
1
I II III IV V VI VI VIII IX X
REGIONS
[2Z NUMBER OF CLOSURE PLANS APPROVED
TARGET FOR 2nd QUARTER
R/C-KD&E)
R/C-1(F)
-115-
-------
STORAGE AND TREATMENT FACILITIES
As of April 11, 1990, the storage and treatment (S/T) facility universe, which includes only facilities without disposal
or incineration processes, numbered 2,768. This universe was comprised of 1,605 S/T facilities on the permit track,
476 facilities on the closure track and 984 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 April 11, 1990, 641 S/T facilities or 38% of the permit track facilities had received final permit
determinations.
o The Regions made 42 final storage and treatment facility permit determinations, through the second quarter,
exceeding the target of 33. Of these 42 determinations, 38 resulted in issued permits and four permits were
denied.
o The Regions also issued 40 draft permits and five notices of intent to deny a permit.
CLOSURE TRACK
o Of the 476 storage and treatment facilities on the closure track, as of April 11,1990, 318 have approved closure
plans.
o The Regions approved 71 storage and treatment facility closure plans and issued 50 notices of closure plan
availability through the second quarter. There were no post-closure permits issued during second quarter.
-116-
-------
14
12
10
8
STORAGE AND TREATMENT FACILITIES
As of March 31, 1990
FINAL PERMIT DETERMINATIONS
NATIONAL
r
j
L_ J
90
45
30
15
2ndQ
1990
R/C-KD&E)
V VI VI VIII IX X
REGIONS
I ... ] NUMBER OF PERMITS DEMED
[-I-:] NUM3ER OF PERMITS ISSUED
TARGET FOR 2nd QUARTER
40
30
20
10
0
R/C-1(F)
CLOSURE PLANS APPROVED
NATIONAL TOTAL = 71
i n « iv v vi vi vm ix x
REGIONS
NUMBER OF CLOSURE PLANS APPROVED
-in-
-------
CORRECTIVE ACTION ACTIVITY
o 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. Year-to-date program information, as of March
31, 1990, is shown for several of these steps.
o Many of the corrective action measures have changed for FY 1990. The RFI imposed measure is the
only 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 corrective action oversight inspections at beginning-of-year corrective action facilities.
o The Regions completed 54 RFA's and imposed 65 RFI's (exceeding the target of 35) through the second quarter
of FY 1990. There have been 1,902 RFA's completed and 629 RFI's imposed through the corrective action
program year-to-date . The Regions completed work on 54 RFI workplans and 51 RFI's.
o Two corrective action remedies have been selected and two corrective action designs have been approved
through second quarter. The Regions have completed 22 remedy selections and approved 18 corrective
measures designs year-to-date. The Regions have reported eight interim measures required of owner
operators in the second quarter. There have been 56 interim measures required and eight completed year-to-
date.
o Proposed regulations for the procedural and technical requirements for corrective action at solid waste
management units are still under review at OMB.
CORRECTIVE ACTION PROCESS
a can be required
-------
CORRECTIVE ACTION PROGRAM STATUS
As of March 31, 1990
400
300
200
100
0
25
20
15
10
5
RFA's COMPLETED
(PROGRAM TO DATE)
I H III IV V VI VII VIII IX X
REGIONS
SECOND QUARTER RFI's IMPOSED
~ T7VT
RRS IMPOSED
-" TARGET
m
i H m
IV V VI VB VII IX X
REGIONS
20
15
10
5
RFI's IMPOSED
(PROGRAM TO DATE)
IZ3 PERMITS
ORDERS
II IV V VI VI VII IX X
REGIONS
RFI's COMPLETED
(PROGRAM TO DATE)
II III IV V VI VI VB IX X
REGIONS
SOURCE: CARS
-119-
-------
-120-
-------
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.
t
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.
-121-
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RCRA ENFORCEMENT
o Inspections - Both EPA and the states performed well on second quarter inspections targets for
land disposal facilities (530 against a target of 393 (135%)); for treatment, storage and disposal
facilities (841 against 544 (155%)) and for federal, state and local treatment, storage and disposal
facilities (183 against 114 (161%)). Of those generators generating over 1.000kg of waste and
subject to land disposal restrictions, 2.158 have received a land ban inspection. Thirteen high
priority violations were reported based on these inspections.
o Addressing Significant Noncompliance (Snapshot) - The RCRA program reported 775 treatment,
storage and disposal facilities (TSDFs) in significant noncompliance (SNC) at the end of the
second quarter. Of these, 618 (80%) had been addressed by a formal enforcement action, but
had not returned to physical compliance.
o Of the 775 TSDFs in SNC at the end of the second quarter. 118 (15%) 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 65 federal facility TSDFs in
SNC. Of these, 39 (60%) had been addressed by a formal enforcement action, but had not
returned to physical compliance.
o Of the 65 federal facility TSDFs in SNC at the end of the second quarter. 20 (319c) did not have
a formal enforcement action taken within 135 days of the inspection. There were no 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 two quarters, EPA referred
five RCRA civil and ten criminal cases to the U.S. Department of Justice. The states filed 16
civil and/or criminal cases against Subtitle C handlers. EPA issued 116 formal administrative
actions compared to 183 for the same period last year. The states issued 546 administrative
actions compared to 356 during the first two quarters of last year.
-122-
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RCRA ENFORCEMENT
As of March 31, 1990
ADDRESSING TSDFs IN SNC - SNAPSHOT
1000
800
600
400
200
0
729
775
604
ADDRESSED
NSNC
618
2 3
QUARTERS
225
200
175
150
125
100
75
50
25
0
EPA & STATE TSDF INSPECTIONS
iv v vi vn viii ix x
REGIONS
FORMAL ADMINISTRATIVE ACTKDNS
CIVIL AND CRIMINAL REFERRALS
600
500
| 400
2 300
200
100
0
R/E-1(b),2
STATES
EPA
23
QUARTERS
20
15
10
5
0
2 3
QUARTERS
V7\ STATES
isa EPA
-123-
-------
-124-
-------
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 The primary responsibility of OUST is the regulation of petroleum tanks and certain other
chemical tanks. Nationally there are nearly two million USTs at approximately 700,000
facilities, ranging from small businesses to major oil corporations.
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; direct 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.
-125-
-------
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.
Through second quarter, three states (two in Region IV and one in Region VI) have
submitted applications for program approval, exceeding the target of two.
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 second quarter of FY 1989.
No state programs have been approved to date. Forty-seven 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 Furid.
-------
LEAKING UNDERGROUND STORAGE TANKS
LUST TRUST FUND
o LUST Trust Fund monies are provided to 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 second quarter.
There were 8,190 LUST cleanups initiated in second quarter (24% of the 34,312 to date). Of
these, 7,659 (94%) were responsible party-led, 282 (3%) were state led with LUST Trust Fund
monies, and 1,122 (3%) were state-led without LUST Trust Fund monies.
There were 10,033 LUST releases under control in second quarter (44% of the 22,996 to
date). Of these, 9,525 (95%) were responsible party-led, 191 (2%) were state led with Trust
Fund monies, and 317 (3%) were state-led without LUST Trust Fund monies.
There were 1,997 site cleanups completed in second quarter (20% of the 9,754 to date). Of
these, 1,938 (96% were responsible party-led, 30 (2%) were state led with Trust Fund
monies, and 29 (2%) were state-led without Trust Fund monies.
-127-
-------
-128-
-------
-------
-------
Office of Enforcement
-129-
-------
-130-
-------
CIVIL ENFORCEMENT
PROPOSED CONSENT DECREE REVIEW TIME
o OE reviewed and forwarded 17 consent decrees to DOJ during the first and second quarters of
FY 1990 compared to 60 last year.
o The average review time for the quarter was 22 days, meeting the 35 day average target. The
review times ranged from one to 65 days.
CIVIL REFERRAL ACTIVITY
o The Regions referred 99 new cases directly to DOJ and ten to HQs through the second quarter
for a total of 109; compared to 121 a year ago.
o There have been 22 new pre-referral negotiation cases opened through the second quarter. Of
these, 18 are CERCLA cases.
o There have been 11 consent decree enforcement cases initiated through the second quarter (a
year ago there were six cases initiated in the first two quarters.)
-131-
-------
FOLLOW-THROUGH ON ACTIVE CIVIL CASE DOCKET
o OE reports that there are 870 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 second quarter, the 870 cases
had the following status:
- 221 (25%) were pending at the DOJ.
- 50 (6%) were returned to the Region.
- 11 (1%) had been concluded before filing.
- 519 (60%) were filed in Court.
- 69 (8%) had been concluded after filing.
Of the 870 cases, 246 (28%) of these have been ongoing for more than two years since being
filed.
o There were 108 civil cases referred to DOJ through the second quarter (FY 1990 cases)
compared to 147 a year ago. As of the close of the quarter:
- 94 (87%) were pending at the DOJ.
- 2 (2%) were returned to the Region.
- 1 (1%) was concluded before filing.
- 10 (9%) were filed in Court.
- 1(1%) was concluded after filing.
o The total number of active cases (including fixed and dynamic) was 886.
-132-
-------
900
300
FOLLOW-THROUGH ON ACTIVE CIVIL CASE DOCKET
As of March 31, 1990
CIVIL CASE DOCKET
HWF1
234
QUARTERS
LEGEND
CASES PENDING AT DOJ
CASES RETURNED TO THE REGION
CASES CONCLUDED BEFORE FUNG
CASES FILED IN COURT
CASES CONCLUDED AFTER FLNG
100
75
o 50
25
NEW FY 1990
REFERRALS TO DOJ
CASES:
<4
<£
-------
CONSENT DECREE TRACKING
o At the end of the second quarter, the Regions reported that there are 599 active consent
decrees compared to 563 a year ago.
o Consent decree compliance for the quarter was 77%, a decrease from the first quarter rate of
80%.
o Of the 132 consent decrees reported in violation:
80 (61%) had a contempt action, a decree modification referred, or a stipulated penalty
collected.
43 (32%) had formal enforcement action planned but not commenced.
9 (7%) had no formal enforcement action planned or deemed necessary.
-134-
-------
E/C-1
120
100 -
CO
g 80
LU
Q
60 -
40 -
20
EPA CONSENT DECREE TRACKING
As of March 31, 1990
in
NATIONAL
CO
600
450
O
LU
Q
O 300
150
0
1234
QUARTERS
IV V VI VII VIII IX X
REGIONS
VTA M COMPLIANCE WITH THE TERMS OF THE DECREE
ES2 M VIOLATION WITH FORMAL ENFORCEMENT ACTION NITIATED
N VIOLATION WITH FORMAL ENFORCEMENT ACTION PLANNED BUT UNCOMMENCED
I I IN VIOLATION WITH NO FORMAL ENFORCEMENT ACTION PLANNED AT THIS TIME
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CRIMINAL ENFORCEMENT
CRIMINAL REFERRAL ACTIVITY
o There were 57 new criminal investigations opened during the first and second quarters of FY
1990 compared to 57 a year ago. Seventeen 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 The Regions referred 33 new cases to HQs and 25 cases were referred from OE to DOJ. A
year ago the Regions referred 30 cases to HQs, and 26 cases were referred from OE to DOJ.
-13b-
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-137-
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FOLLOW-THROUGH ON ACTIVE CRIMINAL CASE DOCKET
o There were 106 active Pre-FY 1990 criminal cases (referred before 10/1/89), compared to 97 a
year ago. As of the close of the first quarter.
- 21 (20%) were under review by DOJ.
- 30 (28%) were under grand jury investigation.
- 30 (28%) had charges filed.
- 15 (14%) had been closed following prosecution.
- 10 (10%) had been closed without prosecution.
o There were 25 new criminal cases referred to DOJ during the first and second quarters
compared to 26 a year ago. As of the close of the quarter:
- 7 (28%) were under review by DOJ.
- 16 (64%) were under grand jury investigation.
- 1 (4%) had charges filed.
- 1 (4%) was closed without prosecution.
o The total number of active cases was 105 compared to 97 last year.
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120
100
to
LU on
co 80
60
40
20
0
FOLLOW-THROUGH ON ACTIVE CRIMINAL CASE DOCKET
As of March 31, 1990
PRE-FY 1989 REFERRALS
2 3
QUARTERS
60
48
36
24
12
STATUS OF NEW
FY 1990 REFERRALS
234
QUARTERS
NUMBER OF NEW REFERRALS » 25
E/C-7,8
LEGEND
UNDER REVEW AT DOJ
UNDER GRAND JURY INVESTIGATION
WITH CHARGES FLED
CLOSED FOLLOWING PROSECUTION
CLOSED BY DOJ WITHOUT PROSECUTION
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Number of New Criminal Referrals to EPA-OCEC
(2nd 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
2
0
1
2
1
0
0
3
0
2
2
13
CLEAN
AIR
0
0
1
2
0
0
0
0
0
1
0
4
CLEAN
WATER
0
0
4
3
2
0
0
1
0
2
0
12
FIFRA
0
0
0
0
1
0
0
0
0
0
0
1
TSCA
0
0
0
0
1
0
2
0
0
0
0
3
CERCLA
0
0
0
0
0
0
0
0
0
0
0
0
Total
2
0
6
7
5
0
2
4
0
5
2
33
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-141-
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FEDERAL FACILITY COMPLIANCE
FEDERAL FACILITY VIOLATION RATES
(Note: data are lagged one quarter)
o During the first quarter of FY 1990, 141 inspections of federal facilities were conducted. Thirty-
six violations were detected in these inspections for a 26% violation rate. A year ago the first
quarter rate for violations was 24%.*
For the Air media, four violations were detected in 36 inspections for a 11% rate.
For NPDES, five violations were detected in 34 inspections for a 15% rate.
For SDWA, no violations were detected and no inspections were conducted.
For RCRA, 25 violations were detected in 63 inspections for a 40% rate.
For TSCA, one violation was detected in six inspections for a 17% rate.
For Multi-Media, one violation was detected and two inspections were conducted.
o In the first quarter, 25 enforcement actions were taken against previous violations (compared to
91 a year a go.)
*Note: Region IX data were not submitted in time for this report.
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FEDERAL FACILITIES VIOLATION RATE
BASED ON INSPECTIONS
As of December 31, 1989
LU
tr
O
100
90
80
70
60
50
40
30
20
10
0
11%
AIR
(36)
40%
26%
OECM(OFA)-1/4E
NPDES DW RCRA TSCA
(34) (-) (63) (6)
NUMBER OF INSPECTIONS
% NOT IN VIOLATION
% IN VIOLATION
OVERALL
(141)
-143-
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RESPONSE TO SIGNIFICANT FEDERAL FACILITY NONCOMPLIANCE
o OAR identified 16 federal facilities as significant violators as unaddressed at the beginning of
the quarter. Six were returned to compliance and the remaining ten are pending.
o OW identified seven federal facilities on the exceptions list that were carried over from the
previous quarter. Two were returned to compliance and none had an enforcement action
initiated. The remaining five constitute the pending balance of five facilities.
o Thirty-eight TSCA federal facility SNC cases were identified at the BOY. Of the total, 22 were
open (issued but not closed) and 16 are pending enforcement actions. At the end of the first
quarter, 10 SNC and one non-SNC pending cases were issued and 12 of the total 38 cases were
closed.
o OSWER compliance snapshot at the end of the first quarter shows 65 federally owned or
operated TSDFs in SNC. Of these facilities, 39 have been addressed with formal enforcement
actions, but are not yet in compliance.
-144-
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20
15
10
5
0
RESPONSE TO SIGNIFICANT FEDERAL FACILITY NONCOMPLIANCE
As of March 31, 1990
AIR FIXED BASE
BOY 1 2 3
I I ADDRESSED
PENDING
TSCA FIXED BASE
OEA-SNC1
SNC 1 2
LZH OPEN
ZZ2 PENDING
PENDING CASES ISSUED
CASES CLOSED
WATER EXCEPTIONS REPORT
16
12
8
0
75
60
45
30
15
0
SNC ENFORCEMENT RETURNED TO PENDNQ
ACTION COMPUANCE
LZH SNC 2 CONSECUTIVE QUARTERS
SNC FOR MORE THAN 2 QUARTERS
RCRA COMPLIANCE SNAPSHOT
EZ SNC/ADDRESSED/END OF QUARTER
SNC/UNADDRESSED/END OF QUARTER
-14S-
-------
-146-
-------
-------
it
-------
Office of General Counsel
-147-
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RED BORDER REVIEW DEADLINES
o OGC received 59 Red Border documents for review during the first and second quarters of FY
1990. Thirty-five documents were received for review during the second quarter.
o OGC Completed:
41 (69%) reviews within three weeks, compared to a target of 80%.
10 (17%) reviews within four weeks, compared to a target of 100%. The cumulative total
of completed reviews for the quarter was 51 (86%).
8 (14%) reviews were not completed within the four week review target.
STATE DELEGATION AGREEMENT REVIEW DEADLINE
o OGC received three application for review during the first and quarters and concurrence was
received within the 15 day target.
-148-
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25
20
s
S 15
10
OGC CUMULATIVE REVIEW OF RED BORDER PACKAGES
As of March 31, 1990
PROGRAM SUMMARY
60
OAR OARM OSWER
PROGRAMS
OPTS
OW
CO
LU
DC
U_
O
or
40
20
1 2 3
QUARTERS
G/C-2
LEGEND
I I COMPLETED WITHIN 3 WEEKS
COMPLETED WITHIN 4 WEEKS
INCOMPLETE AFTER 4 WEEKS
-149-
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-1.SO-
-------
t -
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* *
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