EFA 1UO/1VVU.1
SEPA
United States
Environmental Protection
Agency
Office of
The Administrator
Washington DC 20460
June 1990
Strategic Targeted Activities for Results System
Third Quarter FY 1990 Report
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09
CD
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U.S. ENVIRONMENTAL PROTECTION AGENCY
STRATEGIC TARGETED ACTIVITIES FOR RESULTS SYSTEM
THIRD 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 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 make timely production of this report possible.
HEADQUARTERS LIBRARY
FNVIRONMEMTAL PROTECTION AGENCY
.'^wriN.O.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 61
OFFICE OF SOLID WASTE AND EMERGENCY RESPONSE 93
OFFICE OF ENFORCEMENT AND COMPLIANCE MONITORING 127
OFFICE OF GENERAL COUNSEL 145
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OFFICE OF AIR AND RADIATION
o Highlights
o Radiation
Radon
Emergency Response
o Mobile Sources Program
o Atmospheric and Indoor Air Pollution
o Air Quality. Planning and Standards
Particulates and Enforcement
New Source Review
Air Toxics and Enforcement of NESHAPs
Ozone/CO SIP Remedies and VOC Enforcement
Sulfur Dioxide and Enforcement
Air Enforcement Combined Report
Asbestos Demolition and Renovation
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THIRD QUARTER HIGHLIGHTS
o Forty-eight states will or have already received an EPA State Radon Grant of approximately $100,000 each.
Montana and South Dakota are not participating claiming that the matching provisions of the grant are
prohibitively expensive.
o State Implementation Plan (SIP) targets are lagging behind expectations. OAR believes that the States' failure to
submit plans is due to the delay in passing the Clean Air Act (CAA) amendments. States are hoping to buy
additional time to process SIPs, and are concerned that provisions in the CAA will force them to re-promulgate
existing SIPs.
No final PM-10 SIPS have been published in FY 1990. If the Clean Air Act (CAA) does not pass this
year, the Sierra Club lawsuit could compel EPA to prepare as many as 58 PM-10 Federal Implementation
Plans (FIPs) in PM-10 Group I areas.
o The Regions have collectively exceeded their third quarter FY 1990 target for submitting Multi-Year Development
Plans (MYDPs) to address air toxics by 44%.
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RADIATION
Radon
o All but two states are slated to receive an EPA State Radon Grant of approximately $100,000. Montana
and South Dakota are not participating in the program because they find the matching provisions of the
grant -- which call for a 25% match the first year, 40% the second year, and 50% the third year --
prohibitively expensive. Other western states facing severe economic crises may also find the matching
provisions costly but have chosen to participate in the grant program for the first year. They may drop out
when the match provision rises in succeeding years.
,» o Five states, Guam, and the Cherokee tribe will participate in the FY 1991 State/EPA Survey program. To
date, eleven states have not participated in the State/EPA Radon Survey program.
Emergency Response
o At the request of the Chairman of the Federal Emergency Management Agency (FEMA) Regional
Assistance Committee, EPA Regions reviewed 24 emergency response plans against a target of 14, The
program has not established a universe for the total number of reviews that EPA will ultimately have to
conduct.
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STATE/EPA RADON SURVEYS COMPLETED OR UNDERWAY
As of June 30, 1990
OAR 1-1.2
I I STATE/EPA RADON SURVEY SLATED FOR FY 1991
["~7I STATE/EPA RADON SURVEY COMPLETED OR UNDERWAY
These surveys provide a portrait of indoor radon levels state-wide.
^ NOT PARTICIPATING IN THE EPA STATE RADON GRANT PROGRAM
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MOBILE SOURCES
o There are no third quarter targets for Mobile Sources.
o July 31st, under court order, EPA issued a federal implementation plan (FIP) to bring the South Coast Air Basin
in California into compliance with national air quality standards for ozone and carbon monoxide. The mobile
source provisions contain several innovative measures including: ultra-clean vehicle emission standards for
hydrocarbons and carbon monoxide; volatility controls that vary by season, and oxygenated and reformulated fuels
to reduce ozone and NOx emissions. Also included are a marketable permits program for locomotives, aircraft,
and ships.
ATMOSPHERIC AND INDOOR AIR
o There are no targets for the Office of Atmospheric and Indoor Air Pollution program.
o In the third quarter updates to the President's Management by Objective System, OAR reports that they finalized
the US negotiating position for stratospheric ozone protection. OAR soon expects to complete preliminary CFC
technical assessments for key developing countries, and to negotiate a stronger protocol consistent with the US
position.
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AIR QUALITY. PLANNING AND STANDARDS
Particulate Matter
This year, OAR is tracking the development of SIPs for controlling particulates smaller than 10 microns (PM-10) in
Group I areas (those most at risk for PM-10 violations). Group I areas are predominantly in the western Regions (81%
fall in Regions VIII, IX, and X).
o In PM-10 Group I areas: Regions VIII, IX, and X exceeded their third quarter targets for completing
control strategy demonstrations. All Regions with targets have met or exceeded annual expected
performance. In addition, 13 public hearings were held in Regions I, VIII, IX, and X. Two PM-10 State
Implementation Plans were targeted to enter headquarters review from Region IX, but none were
submitted.
o In PM-10 Group II and III areas with violations: 4 SIP development plans were submitted against a target
of 5 (80%). Region III, V, and VIII met or exceeded their targets. Region IX missed its target of 3.
Region V completed one control strategy demonstration.
o No final PM-10 SIPS have been published in FY 1990. States are hoping to buy additional time to process
these SIPs and are concerned that certain provisions in the CAA may require them to make additional
changes to the PM-10 SIPS they are currently working on. If the CAA doesn't pass this year, the Agency
could be compelled to prepare as many as 58 PM-10 FIPs in Group I areas.
o Eight Regions exceeded their targets for reporting National Air Monitoring System PM-10 data.
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Particulate Matter Enforcement
o Compliance Rates and Inspections - There are 3,917 major particulates sources in Group I and II areas, of
which 220 (5%) 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 159% of their second quarter
inspection commitment for TSP Class A SIP and NSPS sources in Group I and II areas.
o Significant Violators - Sixty-four TSP sources in Group I and II areas were identified as unaddressed
significant violators at the beginning of the quarter and twelve new violators were identified during the
quarter. Six were returned to compliance, three were placed on schedules, and three had enforcement
action commenced (one was addressed within 120 days of detection, and five were addressed within 121-270
days after detection). Of the unaddressed violators, 19 have been in violation for more than one year but
less than two years, and 15 (12 in Region V) have been in violation for more than two years.
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PARTICULATES SIP DEVELOPMENT AND ENFORCEMENT
As of June 30, 1990
PM10 GROUP I CONTROL STRATEGY DEMONSTRATIONS
15
10
5
n
IV
V VI
REGIONS
100
75
50
25
0
ADDRESSING SIGNIFICANT VIOLATORS
(UNIVERSE: UNADDRESSED AT BOQ)
7-
VII
IX
1
234
QUARTER
UNIVERSE 3.796 TSP SOURCES N GROUP I & I AREAS
OAR-80-84. 161-175
125
100
75
50
25
0
CZZI IN COMPLIANCE (6)
IZZl ON SCHEDULE (3)
ES3 ENF. ACTION (3)
PENDING (52)
Q3 PERFORMANCE
Q3 TARGET
GROUP I UNIVERSE
INSPECTIONS (EPA & States)
(Second Quarter FY 1990)
I II II IV V VI VII VII IX X
REGIONS
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New Source Review
The Regions reported that 66 major New Source Review (NSR) permit packages were submitted in the
third quarter of FY 1990. All but two were reviewed on time. Region IX, which missed the two targets,
reviewed 27 of the 29 NSRs submitted.
Air Toxics
The Regions have exceeded the third quarter FY 1990 target of 34 adequate Multi-Year Development
Plans (MYDPs) by 15 (44%). Four Regions (II, VI, VII, X) have already met their end of year targets.
Enforcement of NESHAPS
o Compliance Rates - Of the 1,069 NESHAP (non-transitory) sources, 329 (31%) 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 117% of their second quarter inspection commitment
for NESHAP sources.
o Significant Violators - Twenty-five NESHAP sources were identified at the beginning of the quarter as
being unaddressed significant violators and twenty-three new violators were identified during the quarter.
Four were returned to compliance, one were placed on schedules, and 12 had enforcement action
commenced (12 were addressed within 60 days of detection, and 25 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 June 30, 1990
ADEQUATE MULTI-YEAR DEVELOPMENT PLANS
20
15
10
COMPLETED TO DATE
1990 Q3 TARGET
UNIVERSE
IV
V VI
REGIONS
VII VIII
IX
35
30
25
20
15
10
5
0
NESHAP SIGNIFICANT VIOLATORS
(UNIVERSE: UNADDRESSED AT BOQ)
1
23
QUARTERS
OAR NEW SOURCE REVIEW
66 REVIEWS DUE
ON TIME (97%)
LATE (3%)
Universe: 1,069 Operating Non-Transitory Sources
OAR-122, 147 to 158
LEGEND
IN COMPLIANCE (4)
ON SCHEDULE (7)
(XX3 ENF. ACTION (14)
PENDING (0)
INSPECTIONS
(Second Quarter FY 1990)
IV V VI VII VII IX
REGIONS
Reporting on inspections is lagged one quarter.
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Ozone/Carbon Monoxide Remedies
o 280 final CO/Ozone State Implementation Plan (SIPs) rules were submitted by the end of the third quarter
FY 1990, against a target of 428 (65%). Regions I, IV, and VIII exceeded their targets and Region VII
met its target. Sizeable shortfalls are evident in Regions II, III, V and IX for a number of reasons: many
states are postponing activity until the new CAA passes; several states are adopting atypical regulations
covering transportation and consumer (household) solvents which attract substantial public interest and
comment; the LA and Chicago FIPs have demanded extensive staff time; and in one case a Region has
failed to update the OAR computer bulletin board system. In many cases where submittals fall short of
targets, regulations have gone to public hearing.
o A number of complete emission inventories for Ozone and CO have been submitted to Regions I, III, IV,
V, VI, VII, VIII, and IX. Other partial and draft emission inventories were submitted to Regions II, III,
IV, and V. Complete and comprehensive emissions inventories will be fundamental to an effective
permitting program.
VOC Enforcement
o Compliance Rates - There are 4,974 Class A SIP and NSPS VOC sources in ozone nonattainment areas.
OAR reports that 736 (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 180% of their second 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 fifty-seven VOC sources were identified as being unaddressed
violators at the beginning of the third quarter and forty-five nw vilators were identified during the quarter.
Twenty-eight were returned to compliance, 12 were placed on acceptable schedules, and 7 had enforcement
action commenced (22 were addressed within 120 days of detection and 10 were addressed within 121-270
days after detection). Of the unaddressed violators, 34 have been in violation for more than one year but
less than two years, and 35 (28 in Region V) have been in violation for more than two years.
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320
240
160
80
0
OZONE/CO SIP REMEDIES AND VOC ENFORCEMENT
As of June 30, 1990
OZONE/CO SIPs
DEFICIENT OR MISSING REGS & OTHER DEFICENCIES
11 IK]
IV
V VI
REGIONS
VI
VIII
IX
200
150 -
100 -
50 -
VOC SIGNIFICANT VIOLATORS
(UNIVERSE: UNADDRESSED AT BOQ)
1
2 3
QUARTERS
Universe: 4.974 Class A VOC Sources
OAR-45. 108 to 119
LEGEND
IN COMPLIANCE (28)
ON SCHEDULE (12)
IS2 ENF. ACTION (7)
PENDING (109)
125
100
75
50
25
0
COMPLETED TO DATE
03 TARGET
UNIVERSE
INSPECTIONS (EPA & States)
(Second Quarter FY 1990)
II IV V VI VII VII IX X
REGIONS
Reporting on inspections is lagged one quarter.
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Sulfur Dioxide
o For third quarter, there are no targets for SO2.
Sulfur Dioxide Enforcement
o Compliance Rates - There are 297 sulfur dioxide (SO2) sources in SO2 nonattainment areas, of which 87
(29%) 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 298% of their second quarter inspection commitment
for SO2 Class A SIP and NSPS sources in SO2 nonattainment areas.
o Significant Violators - Twenty-seven SO2 sources were identified at the beginning of the quarter as being
unaddressed significant violators and five new violators were identified during the quarter. Two were
returned to compliance, none were placed on schedules, and none had enforcement action commenced
(one was addressed with 120 days of detection and none were addressed within 121-270 days after
detection). Of the unaddressed violators, eight have been in violation for more than one year but less than
two years, and 12 (10 in Region V) have been in violation for more than two years.
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SULFUR DIOXIDE SIP DEFICIENCIES AND ENFORCEMENT
As of June 30, 1990
SO2 RULES NEEDED
BY REGION - 155 RULES TOTAL
IV (3. 2%),
X(23.2%)
V(37.4%)
SO2 SIGNIFICANT VIOLATORS
(UNIVERSE: UNADDRESSED AT BOQ)
10 -
IX (5.8%)
VII (2.6%)
VI (3.9%)
VI (4.5%)
125
100
75
50
25
INSPECTIONS (EPA & States)
(Second Quarter FY 1990)
1
2 3
QUARTER
Universe: 297 SO2 Sources in N/A Areas
OAR-83to94. 134 to 145
LEGEND
IN COMPLIANCE (2)
ON SCHEDULE (0)
ENF. ACTION (0)
PENDING (25)
III IV V VI VII VIII 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 137 new violators
were identified during the year. Fifty-eight were returned to compliance, 25 were placed on schedules, and
31 had action commenced. Of those addressed, 46 were addressed within 120 days of detection and 26
were addressed within 121-270 days of detection. Of the unaddressed violators, 104 have been in violation
for more than one year but less than two years, and 76 have been in violation for more than two years.
o Two hundred and ten significant violators are not a part of the pollutant-specific reports discussed
previously (but are included in the totals above). Eighteen were returned to compliance, nine were placed
on schedules, and nine had enforcement action commenced. Of those addressed, 10 were addressed within
120 days and 11 within 121-270 days. Forty-three of the unaddressed violators have been in violation for
more than one year but less than two years, and 14 have been in violation for more than two years.
Enforcement Actions
o Fifty-four stationary source civil judicial actions have been referred to DOJ through the third quarter. The
Regions also report issuance of 186 administrative orders (this includes lagged asbestos demolition and
renovation data from the fourth quarter of FY 1989). The states reported the referral of 20 civil cases and
issuance of 450 administrative orders through the second quarter (State data are lagged one quarter). Six
Clean Air Act criminal cases have been referred to HQ thus far in FY 1990.
Federal Facilities
o The air program identified 11 Federal facilities as significant violators at the beginning of the quarter and
one was returned to compliance. Five of the unaddressed violators have been in violation from 1-2 years,
and two have been in violation more than two years.
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AIR ENFORCEMENT COMBINED REPORT
As of June 30, 1990
ADDRESSING SIGNFICANT VIOLATORS
(UNIVERSE: UNADDRESSED AT BOQ)
2 3
QUARTERS
20
ADDRESSING FEDERAL FACILITES VIOLATORS
(UNIVERSE UNADDRESSED AT BOQ)
LEGEND
15 -
M COMPLIANCE (58).
'10 -
ON SCHEDULE (31)
ENF. ACTION(33) 5
PENDNG(308)
0
2 4
QUARTERS
CIVIL REFERRALS
(CUMULATIVE - STATE DATA LAGGED 1 QUARTER)
120
1
OAR-195 to 199
2 3
QUARTERS
ADMINISTRATIVE ORDERS
(CUMULATIVE - STATE DATA LAGGED 1 QUARTER)
1500
LEGEND
1000
I I MADE BY STATES
MADE BY EPA
500
2 3
QUARTERS
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Asbestos Demolition and Renovation
(NOTE: Data are lagged one quarter)
o Through the second quarter of FY 1990, the EPA Regions report receipt of 3,114 notifications of
asbestos demolition, and the states reported receipt of 25,038 notifications.
o The Regions have conducted 247 asbestos demolition and renovation inspections (including 139
contractors) through the second quarter and reported identification of 29 substantive violations.
The states conducted 8,341 inspections (including 2,520 contractors) through the second quarter
and reported 213 substantive violations.
o Through the second quarter, EPA referred 33 civil actions where penalties were addressed and
issued 48 administrative actions. States referred 150 civil cases where penalties were addressed
and issued 148 administrative actions.
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ASBESTOS DEMOLITION AND RENOVATION
As of March 31. 1990
(AH Data Lagged One Quarter)
28500
DEMOLITION AND RENOVATION ACTIVITY
8000
6000
4000
2000
OAR-185 to 198
NOTFICATKDNS MSPECTIONS VIOLATIONS
II STATES
1 EPA
500
400
300
200
100
0
CIVIL REFERRALS
(FY 1990 CUMULATIVE)
150
120
90
60
30
n
-
-
-
-
I I
2 3
QUARTERS
ADMINISTRATIVE ORDERS
(FY 1990 CUMULATIVE)
2 3
QUARTERS
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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
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
THIRD QUARTER HIGHLIGHTS
In Drinking Water:
o Six states have had their wellhead protection programs approved, completing half of the annual
target of 12.
o Primacy states have considerably exceeded second quarter targets for UIC well inspections (by
149%) and permit determinations (by 154%; UIC well data is lagged one quarter by Primacy
states).
o Only 2% of Public Water Systems are in significant noncompliance.
o Sixty-six % of the new Microbiological/Turbidity SNCs were addressed in a timely and
appropriate manner; 77% of the the new Chemical/Radiological SNCs have been addressed to
date.
In Critical Habitats:
o Regions have taken final actions on 89 out of 150 sites proposed for ocean dumping since 1985,
including eight so far this year;
o Regions have completed 16 of 69 wetlands strategic initiatives started in the last five years,
averaging two and one-quarter years to complete, and resolved 162 wetlands cases.
In Surface Water:
o State performance in reissuing major NPDES permits has fallen to 66% of target. EPA
performance has fallen from the second quarter (87%) and is now at 75% of target.
o Net outlays for construction grants and state revolving funds reached 97% of its target, well
within their + or - 5% window.
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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 Wyoming, Indiana, and Washington, 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 by June 1989 for EPA review/approval. Despite a lack of
appropriations for WHP Grants, EPA has received WHP programs/workplans from 32 States, Guam,
and Puerto Rico. Submittals include both WHP Programs and (23) and WHP workplans (11).
Approval is based on program adherence to EPA guidelines. Programs are statements fully
outlining State WHP implementation activities, whereas work plans may be general statements of goal
and objectives and a schedule for developing a WHP program.
WHP Activities
o Six State WHP programs were approved through the third quarter, completing half of the
FY 90 target. The States with approved plans are: Texas, Louisiana, Connecticut,
Massachusetts, Rhode Island, and Delaware.
o Four States have submitted WHP workplans during FY 1990.
o Twenty-four other states are currently revising programs prior to re-submission for EPA
approval.
o Region I has the most approved EPA programs (three).
WHP programs are the only Ground Water Program activity currently tracked in STARS.
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STATE WELLHEAD PROTECTION
As of June 30, 1990
STATE WELLHEAD PROTECTION PROGRAMS
STATE WELLHEAD PROTECTION WORKPLANS
I IV V VI VII VI IX X
REGIONS
RXXI APPROVED NP90
I I RESUBMITTED IN '90
VTA NEW '90 SUBMISSIONS
IBl BEING REVISED
i y HI iv v vi VH vii ix x
REGIONS
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UIC CLASS I, II, HI, 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 third quarter, the Regions completed 341 permit determinations, 89% of their target
of 382.
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 second quarter, the primacy states completed 3,900 permit determinations, 154% of
their target of 2,526.
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UIC CLASS I, II, III, AND V PERMIT DETERMINATIONS
(NEW AND EXISTING)
EPA
As of June 30. 1990
PRIMACY STATES
As of March 31. 1990
DW-1
^ fW
I 600
|j 500
^ 400
1 300
I m
oc 100
-
-
-
-
f
1
Rl
RU
rai
RIV
RV
RVI
RVII
RVIII
RIX
1 RX
^
W^
,-"°
.-O'''
.''/
i i
1234
QUARTERS
Target
0
39
6
90
140
60
1
39
7
0
Rl
Actual
0
33 -
6 + r
104 + r
102 - r
I
I
39 +
5
0
10000
8000
6000
4000
2000
-O TARGET
-- ACTUAL
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.
2 3
QUARTERS
Target Actual
Rl
RN
RW
RIV
RV
RVI
RVII
RVII
RIX
RX
54
26
6
133
113
1.374
244
73
479
24
41
24
28
183
152
2.023
447
108
893
1
-
-
+
+
+
+
+
+
+
+
-27-
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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 HI 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 bv EPA
o Fo'r FY 1990, the Regions have committed to verify 2,826 MITs.
o For the third quarter, the Regions verified 2,254 MITs, 113% of their target of 1,997.
Verified bv 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 second quarter, the primacy states verified 14,354 MITs, achieving 123% of their
target of 11,690.
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UIC CLASS I, II, III, AND V MECHANICAL INTEGRITY TESTS (MITs)
(NEW AND EXISTING)
EPA
As of June 30. 1990
PRIMACY STATES
As of March 31. 1990
DW-2
ouuu
2500 -
2000 -
1500 -
1000 - x
500 - /
ft I m
° * 1
ra
Rl
Rl
RIV
RV
RVI
RVI
Rvyi
RIX
RX
/
x
..''
2
Target
0
230
350
566
365
135
0
350
1
0
O
,-
/%'
/ /
.
i
3 4
3OUUU
30000
25000
20000
15000
10000
5000
o TARGET
-*- ACTUAL °
-
-
-
-
/
- S''^"^
S'
1
A 4 , REGIONAL PERFORMANCE
Actual Target
0 - Rl 0
311 + Those Regions showing py Q
450 + no targets for this p|y 15
569 + measure have ittte or no R)V 116
349 _ responstoity for MTTs RV 44Q
215 + in the given EPA or State RV| 732g
0 - proflrams RVI V535
350 + RVII 429
7 + RIX 1.802
3 + RX 20
,-"°
0''
>O
/ -"'
,.0''
234
Actual
0
0
20 +
254 +
642 +
8.994 +
1,628 +
643 +
2.115 +
58 +
-29-
-------
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 Bv EPA
o For FY 1990, the Regions have committed to verify 10,996 inspections.
o For the third quarter, the Regions completed 7,924 inspections, achieving 99.8% of their
target of 7,935.
Verified By Primacy States fdata lagged one quarter)
o For FY 1990, the primacy states have committed to verify 61,038 inspections.
o For the second quarter, the primacy states completed 43,448 inspections achieving 149% of
their target of 29,168.
-------
12000
9000 h
6000 h
3000 h
EPA
As of June 30. 1990
UIC WELL INSPECTIONS
(NEW AND EXISTING)
100000
80000
60000
40000
20000
PRIMACY STATES
As of March 31. 1990
1 2 3
QUARTERS
DW-2
O TARGET
-- ACTUAL
-31-
-------
UNDERGROUND INJECTION CONTROL ENFORCEMENT
Significant Noncompliance
o Based on field inspections, MITs and self-reporting 2,610 wells have been newly identified this
year as being in SNC (1,485 by the states and 1,125 by EPA). At this time last year, 3,168
wells were identified as being in SNC (1,681 by the states and 1,487 by EPA).
- 1,973 (76%) of the wells in SNC are in Region V.
Addressing Significant Noncompliance
o ODW reports that there were 547 wells on the exceptions list at the beginning of the quarter.
(Exceptions list includes wells in SNC for two or more quarters.) Of those 547 wells, 54
returned to compliance and 202 have received an enforcement action (including 151 this
quarter). The remaining 291 plus 220 wells coming on to the exceptions list during the
quarter, constitute a new pending balance of 511 wells to be addressed.
Enforcement Actions
o Through the third quarter, EPA proposed 111 administrative orders and issued 68 final
orders. EPA also referred four civil judicial cases to DOJ.
o Through the second quarter, the states issued 662 final orders and referred two civil actions
and three criminal actions to the State Attorneys General.
(NOTE: Some State data are lagged one quarter)
-------
UNDERGROUND INJECTION CONTROL
RESPONSE TO SIGNIFICANT NONCOMPLIANCE EXCEPTIONS REPORT
As of June 30, 1990
550
300
SNC'S ON RETURNED TO
EXCEPTION LIST COMPLIANCE
ON DECEMBER 1.1989
PENDING
ENFORCEMENT
ACTION
DW-6
M SNC FOR TWO QUARTERS
N SNC FOR MORE THAN TWO QUARTERS
-33-
-------
PUBLIC WATER SUPPLY SYSTEMS
Compliance
o Of 58,659 Community Water Systems (CWSs), OW reports that 568 are in SNC for violations
of microbiological, turbidity, total trihalomenthane MCLs and/or M&R and 354 are in SNC
for violations of chemical and/or radiological MCLs and/or M&R.
o OW also reports that of the 25,936 nontransient noncommunity water systems (NTNCWS),
260 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 second quarter FY 1990, 107 CWSs were listed as "new SNCs" for violations of
microbiological, turbidity, total trihalomethane MCLs and/or M&R. Of these, 54 returned to
compliance and 17 had an enforcement action against them ("new SNCs" for violations of
chemical and/or radiological MCLs and/or M&R are reported only once during the year in
first quarter and are not included in the above "new SNC1 numbers).
o At the beginning of the second quarter, there were 57.* CWSs, in SNC, already pending on
the exceptions list. During the quarter, 84 systems returned to compliance and 50 were
addressed by an enforcement action. The other 439 CWSs previously on the list remain to
be addressed.
Enforcement Activity
o Through the second quarter, the Regions have issued 54 final administrative orders including
six complaints for penalty. They also referred two civil cases to DOJ. Through the second
quarter, the states have issued 588 administrative compliance orders. The states also referred
104 civil cases and filed 62 civil cases and three criminal cases.
(*NOTE: Data are lagged one quarter)
-34-
-------
MICRO/TURBIDITY
PUBLIC WATER SYSTEMS
RESPONSE TO SNC
EXCEPTIONS REPORT
As of June 30, 1990
250
200 -
SNC* RETURN TO
PENDING
CO
150 -
100 -
50 -
DW/E-3
COMPL. ACTIONS
I I IN SNC FOR TWO QUARTERS
U7A IN SNC FOR MORE THAN TWO QUARTERS
CHEMICAL/RAD
SNC* RETURN TO ENF. PENDING
COMPL. ACTIONS
* EXCEPTIONS AT START OF QUARTER
-35-
-------
-------
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 (reported
second and fourth quarters).
o The Wetlands program
uses strategic initiatives, a broad range of geographically focused efforts, to identify and
protect valuable and threatened wetlands with the assistance of federal, state, and local
agencies; and
~ enforces §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 several other Critical Habitat programs, including the Great
Lakes and National Estuary programs (both of which will be tracked in FY 1991), and the Near
Coastal Waters, and Ocean Discharge programs.
-37-
-------
OCEAN DUMPING
EPA is responsible for designating ocean dumping sites to be used by the Corps of Engineers for
the disposal of material dredged to maintain navigation. (Ocean dumping of sewage sludge is
banned under the Ocean Dumping Ban Act of 1988.) The designation process includes developing
an Environmental Impact Statement (EIS) as part of taking a final action on the site. After
designation, these sites are monitored to ensure that no adverse impacts occur to the marine
environmeqt. Ocean dumping dredged material disposal sites are located in a band about three
miles offshore.
o Seven Regions (28 states and territories) have territorial ocean waters used for ocean
dumping. About 150 sites were proposed for ocean dumping five years ago. So far, final
actions have been taken for 89 sites (59% of the total proposed).
Final Environmental Impact Statement Issuance
The EIS examines the effects ocean dumping would have on the local marine environment.
Subsequently, a determination is made whether ocean dumping is the recommended disposal option.
o Four Regions committed to issuing 12 final EISs for or^nn dumping sites in FY 1990.
Through the third quarter, Regions II, VI, and X completed a total of eight final EISs,
against a national target of eight.
Final Actions
Final actions tracked include proposed dredged material sites approved or disapproved for
designation. These include previously designated dredged material sites cancelled or allowed to
expire.
o For FY 1990, three Regions committed to completing 12 site designations. To date,
Regions II, VI, IX (not targeted), and X made a total of eight site designations, against a
national target of six.
-------
OCEAN DUMPING
As of June 30, 1990
COASTAL STATES WITH OCEAN DUMPING ZONE
br iLuu I
(43) TOTAL SITES DESIGNATED *
* Data not complete
NATIONAL
WQ-1
PROPOSED FNAL DESIG- NTERM* LAPSED* TERMN-
SITES ACTIONS MATED* ATED*
5
4
3
2
1
0
4
3
2
1
0
FINAL EIS ISSUED
NAUONAL
I II IV V VI V» VIII IX X
REGIONS
TARGET
ACTUAL
FINAL ACTIONS
NATIONAL
I
I H II IV V VI VK VII IX X
REGIONS
-39-
*,.
-------
WETLANDS
V'
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
long-term, geographical^ focused protection efforts developed and carried out in conjunction with
federal, state and local agencies.
o The Regions committed to starting 13 strategic initiatives during FY 1990. So far this year,
15 wetland strategic initiatives have been started, against a third quarter target of nine.
These include:
Five advance identifications or special area management plans;
-- Four public education and agricultural community public outreach projects;
Three area-wide targeting/protection projects;
One wetlands mitigation bank for Superfund sites;
One wetlands restoration project; and
One area-wide enforcement initiative.
o Beginning in FY 1986, 69 wetlands projects have been started: 42 advanced identifications,
and 27 other strategic initiatives. To date, 16 have been completed, including 10 advanced
identifications. These have taken an average of two and one-quarter years to complete.
Wetlands §404 (Dredge and FilH Enforcement Actions
o To date, EPA issued 85 wetlands administrative orders including 10 for penalties. Also,
EPA has referred 10 civil cases and five criminal cases to DOJ, and resolved 162 cases.
-40-
-------
WETLANDS
As of June 30, 1990
CUMULATIVE STRATEGIC INITIATIVES CUMULATIVE STRATEGIC INITIATIVES
16
12
8
75
50
25
I I
LEGEND
5553 STARTED
I COMPLETED
IV V VI VI VIM IX X
REGIONS
86
ADMWISTRATIVE ORDERS
COMPLETED
150
100
50
WQ-2. WQ/E-1
2 3
QUARTERS
87
o
88
89
90
(Q3)
LEGEND
STARTED
COMPLETED
LEGEND
I I AOs WITHOUT PENALTES
i AOs WITH PENALTES
*
< '*
-41-
-------
1
₯
-42-
-------
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.
-43-
-------
WATER QUALITY ASSESSMENT ACTIVITIES
Water quality standards, planning and assessment performance reporting in STARS is limited
in the third quarter to 304(1) listings.
304(1) Assessments
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. The EPA deadline for final EPA approval was June 4, 1990.
o Through this quarter, of 56 states and territories targeted for Regional approval,
44 states' lists were given final approval, for an overall performance of 79%.
Regions V, IX and X failed to meet their targets. It is expected that all the states
in Region V will have approved lists by the end of the fiscal year.
o Third quarter performance (17 states' lists approved) mirrors that of the second
quarter (18 states' lists approved).
Numeric Criteria for Toxics
EPA must approve state adopted aquatic life and human health numeric criteria in order to
comply with Section 303(c)(2)(b) of the Clean Water Act, which is designed to address and
control toxic pollutants in surface waters. Progress in state adoptions are tracked in STARS
during the second and fourth quarters. As of June 31, 1990, only ten states are in full
compliance.
-------
WATER QUALITY ASSESSMENTS
As of June 30, 1990
STATUS OF 304(1) APPROVALS
FINAL REGIONAL APPROVAL COMPLETED
U.S. TERRITORIES
GUAM t^J
VIRGIN ISLANDS I I
AMER. SAMOA CD
N. MARIANNA f""l
D.C. CH
PUERTO RICO I I
-45-
-------
MUNICIPAL POLLUTION CONTROL PROGRAMS
EPA continues to move toward increasing state flexibility in financing wastewater
treatment facilities and other water related projects. Through the third quarter, 84% of
total outlays were for construction grants, and 16% were for state revolving funds.
Net Outlays: Construction Grants and State Revolving Fund
The Agency performance through the third quarter is comfortably within the target
window, at 97%. Five Regions are within their target windows and only Region IX is
below 80% of the target.
State Revolving Fund Awards
To date, 43 states have established SRFs. Twenty states have received state revolving
fund awards through this year. The target through the third quarter was 36, so the
performance rate is now 55%. We did not award any first round grants this quarter.
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.
Third quarter performance is 84% of target, down from 91% in the second quarter;
this is a typical, however. Regions I, HI and V were below 70% of target, and four
Regions met or exceeded targets. Region V continues to perform far below target.
-4ft-
-------
MUNICIPAL POLLUTION CONTROL
As of June 30, 1990
120
110
H
| 100
ft «°
£ 80
E 70
60
50
NET OUTLAYS
FOR CONSTRUCTION GRANTS AND
STATE REVOLVING FUNDS
jlZUor-
5%
II IK IV V VI VB VIII IX X NATIONAL
PROGRAM
SRF AWARDS
FROM FY 1988 TO FY 1990
NO AWARDS
ONE GRANT AWARD
TWO OR MORE GRANT AWARDS
WQ-8,9,10
120
g
ADMINISTRATIVE COMPLETIONS
578
TARGET THIS QUARTER
COMPLETED THIS QUARTER
600
300
III IV V VI
UNIVERSE 80 109 165 153 226 108
X 3rd QUARTER
24 TOTAL
-47-
-------
NPDES PERMIT PROGRAMS
Major Permits Reissued by EPA and Delegated States
States are responsible for the lion's share of permit reissuance, about 77% of the total.
State performance has fallen from 69% of target in the second quarter to 66% this
quarter. States in Region I reissued 22% of its target, and Region V States continue to
reissue less than 50%. In Region X, State performance improved but is still below 60%
of target. This is attributable to continued poor performance in Oregon. The forecast for
State performance through the end of the year is not encouraging.
The EPA reissuance rate is also falling this year. In the third quarter, 166 permits were
reissued against a target of 220, or 75% of the target. Region VI is the only Region to
meet or exceed its goal, having performed to 122% of target. In Regions I and IV,
performance is less than 60% of target. In Regions II, IX and X, performance is less than
30% of target. Some progress is expected in the fourth quarter.
Evidentiary Hearings
States performance in resolving hearing requests for majors has improved from the
second quarter. In the third quarter, states resolved 29 requests against a target of 33.
States in Regions I and III have not resolved any requests to date, although their end of
year targets are respectively 10. EPA performance is well above target, resolving 14
requests against a target of 7. Region VI resolved six requests this quarter, already
exceeding the end of year target of five.
-------
MAJOR PERMITS
REISSUED BY EPA
NPDES PERMIT PROGRAM
As of June 30, 1990
\£V
CO
i= 100
£ 80
u.
0 60
tc.
m 40
^
^^
2 20
_
27
r\
40
xU6
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IV
110
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VI VII IX
REGIONS
41
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220
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166
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MAJOR PERMITS REISSUED/MODIFIED
"12° FY 1990
100
,_
'-L' 7(%
X ' NATL. <
0 50
MAJOR PERMITS 2
REISSUED BY STATES
300
CO 250
H
i 200
LU
Q_
fe 160
_
m 100
^ 50
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-
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23
F^U
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80
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I1
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130 128^,
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II II IV
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V VI VI VIII IX
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546
rr *-*J
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W.,^
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* "(*\
-»,__
""O
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-
-0- EPA
-- STATES
iiii
1234
QUARTER
- 450
(23 TARGET
Iliiiljiij PERFORMANCE
X NATL .
NP-1
REGIONS
-49-
-------
NPDES PERMIT PROGRAMS
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 178 and the States
issued/modified 617 permits with water quality based limits by the third quarter.
EPA and the States issued 79 permits as Individual Control Strategies. There are no
targets for these activities, but the accomplishments here come at the expense of
major permit reissuance. Generally, toxic limits permits are very time consuming.
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, 208 priority sludge facilities were permitted by EPA and states, well
over the target of 176. Regions II, III, IV, V, VI and VII exceeded targets.
Near Coastal Waters Permits
This quarter, EPA and the States issued 752 major and minor permits to facilities
discharging into marine and estuarine waters. These permits are designed to control
the discharge of harmful pollutants, including bioaccumulative and persistent
toxicants. There are no targets for this measure.
-50-
-------
NPDES PERMIT PROGRAM
As of June 30, 1990
CO
100
80
60
40
20
17
TOXIC LIMITS PERMITS: EPA AND DELEGATED STATES
88
12
9
65
69
18
6
LL
n
20
49
73
IV
V VI
REGIONS
VI VHI IX
23
NP-2
EPA REISSUED/MODFED WITH WATER QUALITY BASED LIMITS
STATE REISSUED/MODIFIED WITH WATER QUALfTY BASED LMTS
STATE REISSUED AS INDIVIDUAL CONTROL STRATEGY
-51-
-------
-------
PRETREATMENT PROGRAMS
Pretreatment programs assure that POTWs implement and enforce controls needed
to protect human health and the environment from conventional and toxic pollutants
and hazardous wastes. There are 1,428 POTWs with pretreatment programs. EPA
is responsible for 621 and delegated states for 810. To assure compliance in the
program, an audit or inspection is performed every year.
Audits
Audit performance through the third quarter is well above expectations, with
EPA performing 89 against a target of 66, and states completing 175 against a
target of 137.
Inspections
Inspections performance is also above target. EPA inspected 191 pretreatment
programs against a target of 180 and the States inspected 430 against a target of 414.
-53-
-------
NPDES Inspections
o For coverage of major NPDES facilities, the Regions and States conducted 4,555 inspections
against a third quarter target of 4,445 for 102% of the aggregate national target. Four
Regions (II, III, VI and VII) exceeded their target. This year's annual inspection target is
6,783 facilities.
NPDES Significant Noncompliance
o Of the 7,182 total major NPDES facilities, 817 (11%) were in SNC during the third quarter
(up from 617 last quarter). Regions IV, V and VI account for 88% of the increase (176 of
200).
o Overall, 91% of major industrials are not in Significant Noncompliance (SNC), compared to
94% for the previous quarter. For major industrials, 3,051 of 3,244 facilities (94%) have
achieved Final Effluent Limits (PEL). Of 3,051 facilities on PEL, 278 (9%) are in SNC. Of
193 facilities on Construction or Interim Effluent Limits (CS/IEL), 30 (16%) are in SNC.
o Overall, 86% of major municipals are not in SNC, compared to 90% for the previous quarter
. For major municipals, 3,372 (89%) of 3,789 facilities have now achieved PEL. (For
comparison in the fourth quarter of FY 1986, only 68% of major municipals had achieved
PEL.) Of 3,372 facilities on PEL, 384 or 11% are in SNC. Of 417 facilities on CS/IEL 140
(34%) are in SNC.
o Overall, 90% of major federal facilities are not in SNC and represents no change from the
previous quarter. For major federal facilities, 137 (92%) of 149 facilities have achieved PEL.
Of 137 facilities on PEL, 13 (9%) are in SNC. Of the 12 facilities on CS/IEL, two (17%) are
in SNC.
-54-
-------
NPDES INSPECTIONS AND MAJORS COVERAGE
As of June 30, 1990
I I TARGET (3Q)
1H ACTUAL (3Q)
WQ/E-12
18
15
O 12
# Q
6
3
0
WQ/E-4.5
V VI
REGIONS
IX
NATIONAL
TOTAL
NPDES SIGNIFICANT NONCOMPLIANCE
INDUSTRIAL
MUNICIPAL
O
CO
I I
IV
V VI VI VII IX
REGIONS
NATIONAL
24
20
16
12
a«
8
4
0
SNC CS/EL
SMC PEL
V VI VI VH IX
REGIONS
NATIONAL
-55-
-------
Response to Significant Noncompliance 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
39 facilities (15 industrial, 23 municipal and one Federal) that have been in SNC for a year
or more without being addressed (compared to an average of 57 over the last 10 quarters).
For major industrials, of 42 facilities from last quarter's exceptions list, 11 have returned to
compliance (RTC) and 13 have enforcement actions initiated. The remaining 18 plus 30 new
significant noncompliers on the exceptions report constitute the pending balance of 48. One
and a half percent of the 3,244 major industrial facilities are pending on the exceptions
report.
-- For major municipals, of 102 facilities from last quarter's exceptions list, 29 have returned to
compliance and 26 have had enforcement actions initiated. The remaining 47 plus 58 new
significant noncompliers on the exceptions report constitute the pending balance of 105.
About three percent of 3,789 major municipal facilities are pending on the exceptions
report.
o Of the five Federal facilities from the last quarter's exceptions list, two returned to
compliance and two had enforcement actions initiated. The remaining significant noncomplier
plus six new significant noncompliers constitute the pending balance of seven facilities.
-------
16
12 -
8
RESPONSE TO SIGNIFICANT NONCOMPLIANCE
EXCEPTIONS REPORT
As of June 30, 1990
MAJOR INDUSTRIALS MAJOR MUNICIPALS
NATIONAL
I I IB IV V VI VI V» IX X
REGIONS
I I I IV V VI VI VM IX X
REGIONS
WQ/E-6.7
I I RETURNED TO COMPLIANCE
Y77\ ENFORCEMENT ACTION
I UNADDRESSED
-57-
-------
NPDES Enforcement Activity
o Through the third quarter, EPA issued 972 administrative orders compared to 1,071 through
the third quarter of last year. The total includes 86 orders for failure to implement a
pretreatment program and 118 proposed penalty orders. The states reported they have
issued 689 orders through the third quarter (compared to 992 reported for the same period
last year). The total includes 67 penalty orders.
o This year, the Regions have referred 21 NPDES civil cases to DOJ compared to 45 last year,
plus one Pre-Referral Negotiations Case and ten consent decree enforcement cases. The
states have referred 175 civil cases this year compared to 291 and 426 over the same period
the last two years.
o The Regions have referred 24 Clean Water Act criminal cases (up from six at this time last
year) and the states have filed have 43 criminal cases in state courts (122 last year).
o During FY 1990, EPA has had 239 cases in the active civil docket (civil referrals to DOJ).
As of the end of the quarter, the status of the 239 cases was: 85 cases were at DOJ, 101
cases were filed by DOJ, 36 cases were concluded, and 17 cases are currently returned to the
Region. The states report an active civil docket of 801 cases (including 495 in Region V).
-------
NPDES ENFORCEMENT ACTIVITY
CUMULATIVE
As of June 30, 1990
ADMINISTRATIVE ORDERS
IV V VI VI VII IX X
REGIONS
50
40
30
20 -
10 -
CIVIL REFERRALS TO DOJ
IV V VI VI VII IX X
REGIONS
/ZJ
EPA
STATES
WQ/E-8.9
-59-
-------
-60-
-------
and Toxics
-------
-------
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
Regional Measures
FIFRA Enforcement
o Toxics Program
New Chemical Reviews
ASHAA Close-Outs
EPCRA Outreach Initiatives
Asbestos Accreditation Programs
TSCA Enforcement
EPCRA Enforcement
-61-
-------
-------
OFFICE OF PESTICIDES AND TOXIC SUBSTANCES
THIRD QUARTER HIGHLIGHTS
o OPTS requested a target change from 106 to 52 Data-Call-ins (DCIs) for List A chemicals
for the remainder of the fiscal year. To date, no list A chemical DCIs have been issued.
OMB approval has severely delayed the reregistration process for these high profile
chemicals.
o Three new Regional measures: Regions report progress on state involvement in the areas
of worker protection, groundwater (pesticides), and endangered species. These measures will
not be targeted due to delays in issuing final rules.
o OPTS exceeded many of their Headquarter cumulative targets. Targets were exceeded for:
~ New Active Ingredients (completed 9 against a target of 7)
Old Chemicals (completed 1,272 against a target of 1,050)
-- Amendments (completed 2,844 against a target of 1,900)
Tolerance Petitions (52 final decisions made against a target of 40).
-63-
-------
-------
OFFICE OF PESTICIDES PROGRAMS
ESTABLISHMENT OF COMPREHENSIVE DATA REQUIREMENTS
IN DATA CALL-INS (REGISTRATION STANDARDS)
«
In FY 1990, OPTS planned to establish 106 comprehensive data requirements in data call-ins.
o OPP did not address any List A chemicals in the third quarter, therefore, missing its third
quarter target of twenty. Complete OMB approval has been obtained for six pesticide
chemicals.
o OPP now expects to issue no more than 52 of the projected data call-ins. This
assumes more rapid OMB clearance, but would still leave the program far behind
schedule in its review of List A chemicals. Reregistration action lags several years
from the point of data-call-in.
-65-
-------
yy-
-------
PESTICIDES SPECIAL REVIEWS
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.
o OPTS has completed four special review during the third quarter against a target of three.
REVIEW TYPE OF DECISION DECISION RESULTS
NRDC Petition
Response (revocation
of 11 food additive
tolerances subject to the
Delaney Clause)
Mercury
EBDCs
R-ll
Response to Proposing revocation of
Revoking 409 Tolerances 4 of the 11. Denied petition
to revoke trifluralin food additive
tolerances for spearmint & peppermint oil
under "de minimis" exception.
Negotiated
Settlement
Proposed Tolerance
Revocation
Voluntary
Cancellation
Eliminated use of mercury compounds in
indoor latex paints (approximately 25 to
30% of interior use latex paints currently
contain mercury). Required warning labels
on all outdoor paints containing mercury.
Estimated 13 million people each year may
be exposed to mercury through painting;
about 3.3 million are under the age of 18.
Reduce/revoke tolerances for mancozeb,
maneb, and metiram in or on 56 RACs
covered by 45 pesticide registration.
(FR 55:20416)
205 products cancelled containing R-ll.
Adverse effect data [6(a)(2)J cited ovarian
atrophy and developmental effects.
-67-
-------
PESTICIDE REGISTRATION APPLICATIONS
o OPTS exceeded cumulative targets for the following categories during third quarter:
o New Active Ingredients - 9 new chemicals were registered against a target of 7.
o New Uses - 67 final decisions were made against a target of 40.
o Amended Registrations - 2,844 final decisions have been made against a target of 1,900.
o Old Chemicals - 1,272 final decisions have been made against a target of 1050 this quarter.
o The pesticide registration application backlog decreased from 3,314 at the end of second quarter
to 3,003 third quarter.
There was a decrease for:
Old Chemicals from 1,008 to 779
Amended Registrations from 2,193 to 2,104
New Active Ingredients from 4 to 2
There was an increase for:
New Uses from 109 to 118
V'
-------
PESTICIDE REGISTRATION APPLICATIONS
NUMBER OF FINAL DECISIONS
(CUMULATIVE)
As of June 30, 1990
CO
22
O
LU
O
ACTIVE INGREDIENT NEW USES
3000
2500 -
2000 -
1500 -
1000 -
500
P-4
LEGEND
TARGET
ACTUAL
AMENDED OLD
REGISTRATION CHEMICALS
-69-
-------
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 231 final decisions, against a third quarter cumulative target of 260.
o During the third quarter OPTS made 115 final decisions, against a target of 140. Of these,
85 exemptions were issued (forty-four granted to USDA) and 30 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 52 tolerance petitions, exceeding their third quarter cumulative
target of 40.
o During third quarter, OPTS made final decisions on 17 tolerance petitions, exceeding their
target of 15.
-------
EMERGENCY EXEMPTIONS GRANTED
AS OF JUNE 30, 1990
\ IOWA.
NEBRASKA \
I ' .. / i IN
\ /ILLINOIS
I
PUERTO RICO
3
EEG-1
-71-
-------
PESTICIDE REGIONAL INITIATIVES
The Office of Pesticide Programs has initiated three new regional measures to address concerns
resulting from pesticide application. Final publication of the Worker Protection Rule, the
Groundwater Management Strategy, and the Endangered Species Protection Program are pending.
Regions were provided the option to report progress made third quarter in developing cooperation
with the States on these initiatives or report progress in the fourth quarter only. Some of the
Regions have progress to report.
Worker Protection
The Regional Offices are to report initially on the number of States that have accepted
worker protection cooperative agreement funds and identify the State agency responsible for
outreach, education, and enforcement. These funds are to be used to establish an
infrastructure to conduct outreach, education and enforcement activities identified in the new
rule.
Groundwater Protection
The Regional Offices are to report initially on the number of States that have accepted
cooperative agreement funds and on the number of States that have started to establish the
infrastructure to map vulnerable areas, monitor groundwater, coordinate a State program,
and prepare to implement a State Management Plan.
Endangered Species
The Regional Offices are to report initially on the number of States with Cooperative
Enforcement agreements that have accepted base endangered species funding, the number
of these States that are working on the establishment of an infrastructure to respond public
inquiries and coordinate the evaluation of state habitat/range maps, the number of States
working on state pesticide management plans, and those States which are currently engaged
in Federal endangered species pilot plans.
-------
PESTICIDE REGIONAL INITIATIVES
BASE FUNDING TO STATES & INDIAN TRIBES
As of June 30, 1990
CO
ft
p
CO
<
CO
u_
o
DC
30
25
20
15
10
WORKER PROTECTION GROUNDWATER
ENDANGERED SPECES
PRI-2
STATES
INDIAN TREES
-73-
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FIFRA Compliance Monitoring Inspections and Compliance Levels
(*NOTE: State data are lagged one quarter.)
o In the second quarter of 1990, the States completed 12,630 FIFRA use and restricted use
pesticide dealer inspections, completing 194% of their state grant targets. The States
reported taking 3,909 enforcement actions in the second quarter representing a violation rate
of 31%.for "use" inspections. In the second quarter of 1989, the States completed 9,738
inspections, with 3,395 enforcement actions taken and a violation rate of 31%.
o In the third quarter of FY 1990, Regions VII and VIII, with non-delegated programs,
completed a total of 239 use and restricted use dealer inspections, achieving 99% of their
targets.
Addressing FIFRA Significant Noncompliance
o Through the third quarter, the Regions referred 71 significant use violations to the States for
investigation and enforcement action. Skty-four were referred at the end of the third quarter
of FY 1989.
o The Regions also identified 52 significant violator cases for EPA action.
FIFRA Enforcement Action
o The Regions issued 190 administrative complaints through the third quarter of FY 1990,
compared to 227 a year ago. Through the third quarter of FY 1990, three FIFRA civil cases
were referred to DOJ and one FIFRA criminal case was referred.
-74-
-------
80
60
40
20
FIFRA COMPLIANCE AND ENFORCEMENT
As of March 31, 1990
USE" INSPECTION LEVELS
(DATA LAGGED ONE QUARTER)
I I
IV V VI VI VI IX X
REGIONS
REFERRALS TO STATES
P/E-1.3.4
1234
QUARTERS
(32) CH ADDRESSED WITHN TMEFRAME
(20) K3 PENDNG WITHN TIMEFRAME
(19) IZ2 ADDRESSED .BEYOND TMEFRAME
(0) NOT ADDRESSED BEYOND TIMEFRAME
COMPLIANCE STATUS
~ - 125+
- - TARGET
12,630 USE
NSPECTIONS
CONDUCTED
(31%) VIOLATION WITH ACTION TAKEN
(69%) O NO ACTION WARRANTED OR
COMPLIANCE DETERMNATION
PENDNG.
EPA CASES AND REFERRALS FROM STATES
O
VIOLATION PENDNQ CASES CASES
DETECTED ENFORCEMENT ADDRESSED CLOSED
ACTION
(52) (11) (41) (11)
-75-
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-------
OFFICE OF TOXIC SUBSTANCES
TSCA NEW CHEMICAL REVIEWS
Manufacturers and importers of new chemical must give EPA notice a 90-day advance notification
or their intent to import or manufacture a new chemical. OTS reviews all new chemicals, imposing
controls as necessary to reduce risk.
o Valid New Chemical Notices Received - 1,037 new chemical notices have been received this
quarter.
-- Of the 1,037 notices received, 748 are Premanufacture Notices (PMNs). 289 were valid
exemption notices (i.e., polymer exemptions, low volume exemptions, and test market
exemption applications).
o Control Actions - 37 control actions (action taken on new chemicals which pose a threat to
public health or the environment) have been taken this quarter. Five were PMNs which were
withdrawn in face of regulatory action, 26 were PMNs with consent orders issued, which includes
one biotechnology PMN, four were exemptions which were denied, and 2 were modifications to
biotechnology PMNs.
o Notices of Commencement (NOG) - 251 NOCs have been received this quarter.
. '-
-------
ASHAA CLOSE-OUT SITE EVALUATION
The Asbestos School Hazard Abatement Act of 1984 (ASHAA) provides grants and loans to school
districts for asbestos abatement.
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 COMPLETED
REGION Ql Q2 Q3
I
II
III
v' IV
; v
VI
VII
VIII
IX
X
32
4
5
16
12
5
22
13
1
0
32
6
8
22
21
5
36
32
5
2
111
6
10
24
7
21
37
37
12
2
TOTAL 110 169 267
-78-
-------
EPCRA - NUMBER OF OUTREACH PRESENTATIONS
AND WORKSHOPS
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.
o During third quarter, the Regions made 78 presentations and conducted 34 workshops. The
Regional breakdown is as follows:
PRESENTATIONS WORKSHOPS
REGIONS
I
II
III
IV
V
VI
VII
VIII
IX
X
TOTAL
18
6
1
0
7
0
38
5
0
3
78
14
14
0
0
1
1
1
2
0
1
34
_ 70 _
-------
EPCRA - NUMBER OF TECHNICAL PRESENTATIONS AND OUTREACH
WORKSHOPS CONDUCTED FOR INDUSTRY
The Regions are to report quarterly on the number of technical presentations and 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 third quarter, the Regional Offices made 73 presentations and conducted 74 workshops.
The breakdown by Region is as follows:
PRESENTATIONS WORKSHOPS
REGIONS
I
II
III
IV
V
VI
VII
VIII
IX
X
TOTAL
8
9
2
0
7
0
35
5
1
6
73
14
8
12
0
6
19
4
5
4
6
74
-80-
-------
I
00
-------
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 3rd Quarter
l
Number of Computer 1,374
search hours
1,174
1,470
TRI products sold
Magnetic tapes
PC Diskettes
Microfiche
Compact disks
National Report
Reporting Center
Phone Request
Walk-In Request
62
128
12,0832
0
139
8
23
77
30
924
414
404
9
5
20
10
20
200
503
10
Estimated totals
Represents Fiche distributed. Totals in Q2, Q3, and Q4 will represent
Fiche sold.
-82-
-------
DISSEMINATION OF SECTION 313
TOXIC RELEASE DATA (TRI) INVENTORY DATA TO THE GENERAL PUBLIC
As of June 30, 1990
14000
12000
10000
8000
6000
4000
2000
0
FIRST QUARTER
SECOND QUARTER
THIRD QUARTER
B
ANUMBER OF COMPUTER SEARCH HOURS USED
B--NUMBER OF TRI PRODUCTS SOLD/DISTRBUTED
(MAGNETIC TAPES. PC DISKETTES, AND MICROFICHE)
CNUMBER OF INFORMATION REQUESTS REPORTED AT THE
TITLE III REPORTING CENTER (PHONE AND WALK-INS)
TRI PRODUCTS SOLD
CUMULATIVE
TRI-1
MAGNETIC TAPES
PC DISKETTES
MICROFICHE
COMPACT DISKS
TRI NATIONAL REPORT
-83-
-------
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 and the number of refresher
courses that have been audited in a quarter. Regional representatives must determine that the
course meets the criteria set forth in the EPA Model Accreditation Plan.
o During third quarter Regions conducted the following audits:
REGION
I
II
III
IV
V
VI
VII
VIII
IX
X
TOTAL
AUDITS FOR
CONTINGENTLY
APPROVED
COURSES
7
42
10
13
5
17
7
17
0
4
122
AUDITS FOR
REFRESHER
COURSES
2
11
11
23
2
12
13
6
5
12
97
-84-
-------
I
in
oo
i
-------
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 third quarter, the States conducted 59 asbestos training courses as follows:
Region
I
II
III
IV
V
VI
VII
VIII
IX
X
Worker
2
4
2
0
3
1
3
6
23
2
Contractor/
Supervisor
2
6
2
0
1
1
3
0
21
2
Inspector/
Management
2
6
1
0
1
0
2
0
29
3
Project
Designer
2
3
1
0
0
0
2
0
1
1
TOTAL 46 38 44 10
-86-
-------
EPA APPROVED
STATE ASBESTOS ACCREDITATION PROGRAMS
As of June 30, 1990
EZ3 PARTIALLY APPROVED PROGRAMS
YZA FULLY APPROVED PROGRAMS
AAP-1
-87-
-------
TSCA Inspections and Compliance Levels
o The Regions and Headquarters completed 97% of their third quarter target for TSCA
compliance inspections. They conducted 1,230 inspections versus a target of 1,268. States
with inspection grants conducted 1,514 inspections, or 96% of the States' third quarter target.
Of the total 2,744 inspections completed during the third quarter, 968 (35%) were in
compliance, 1,314 (48%) were pending a compliance determination, and 462 (17%) were i-n
violation. The number of initial EPA Regional and state grant inspections conducted for
PCB disposal facilities was 53, or 113% of the third quarter target. Initial inspections
conducted for broker/storage facilities total 91, or 114% of the third quarter target (only
initial inspections are targeted).
Response to TSCA Significant Noncompliance
o At the beginning of the year, the Regions had 732 SNC cases on the fixed base. Of this
total, 532 are pending issuance of enforcement action and 200 are opened (issued but not
closed). At the end of the third quarter, 105 SNC and 226 Non-SNC pending cases were
issued and 122 SNC cases were closed. Through the third quarter of FY 1990, the Regions
identified 38 new significant violators based on FY 1990 inspections. Seventeen 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
third quarter, 12 SNC and no Non-SNC pending cases were issued and 17 SNC Cases were
closed. The Regions did not identify any new significant violators through the third quarter
based on FY 1990 inspections.
TSCA Enforcement Activity
o Through the third quarter, the Regions issued 339 administrative complaints compare to 346
a year ago. Four TSCA civil cases were referred to DOJ and three criminal cases were
referred.
-------
TSCA COMPLIANCE AND ENFORCEMENT
As of June 30, 1990
TSCA FEDERAL AND STATE INSPECTIONS
PCB NSPECTIONS
i£a
TARGET 100
&< 75
^_
O pc gQ
lu t*
3 25
n
-
-
/
;
/
/
/
/
''',
I
',
/
'
;
/
;
/
/
/
/
'<,;
/
/
/
'
\
/
/
/
^
/
/
/
/
/
/
.
;
^
/
/
/
/
/
^H» «
B
/
^
..
^
/
^
^
/
/
f
\
izo+
-TARGET
IV V VI VI VII IX X HQ
I I i IV V VI VI VI IX X
750
600
450
REGIONS
TSCA SK3NFICANT VIOLATORS FIXED BASE
(PRE FY 1990 CASES)
REGIONS
PCB DISPOSAL FACUTY
22 PCB BROKER/STORAGE FACUTY
T/E-1.3.6
BOY OPEN PENDING PENDNQ PENDING CASES
TOTAL SNC NON-SNC CLOSED
CASES CASES
ISSUED ISSUED
-89-
-------
EPCRA Inspections and Compliance Levels
o At the end of the third quarter of FY 1990, the Regions completed 566 EPCRA inspections
or 112% of their target. Of the total 566 completed inspections this quarter, 202 (36%) were
in compliance, 239 (42%) were pending a compliance determination, and 125 (22%) were in
violation.
Response to EPCRA Significant Noncompliance
o At the beginning of the year, the Regions had 231 significant noncomplier cases on the fixed
base. This total includes 82 open cases (issued but not closed) and 149 pending issuance of
enforcement action. At the end of the third quarter, 89 SNC and 6 Non-SNC cases were
issued. Forty-seven SNC cases were closed.
o Through the third quarter, the Regions identified 99 new significant violators based on FY
1990 inspections. Twenty cases were issued within 180 days of inspection.
EPCRA Enforcement Activity
o Through the third quarter of FY 1990, the Regions issued 136 administrative complaints. No
civil referrals have been issued this fiscal year.
-------
125
100
5
5 75
50
25
0
EPCRA COMPLIANCE AND ENFORCEMENT
As of June 30, 1990
EPCRA FEDERAL INSPECTIONS
IV V VI VI VII IX X
REGIONS
250
225
200
to 175
O 150
*125
100
75
50
25
0
SIGNIFICANT VIOLATORS FIXED BASED
(PRE FY 1990 CASES)
TOTAL OPEN PENDNG PENDNG PENDING CASES
BOY SNC NON-SNC CLOSED
CASES CASES
ISSUED ISSUED
E/E-1-3
-91-
-------
-------
emergency Response
-------
-------
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
-93-
-------
-------
OFFICE OF SOLID WASTE AND EMERGENCY RESPONSE
THIRD QUARTER HIGHLIGHTS
Superfund
-- The Regions exceeded their targets for Site Investigations and Completion of Remediation.
-- The Regions missed their targets for RODs, completing 41 (35% of target), and for Remedial
Design and Remedial Action starts.
The Regions exceeded their targets for RD/RA Unilateral Administrative Orders, but fell short
of their targets for §107 referrals. OSWER reported over $27 million in cost recovery, a three-
fold increase over second quarter. There were 23 interagency agreements signed at NPL federal
facilities.
CEPP
-- Regions continue to substantially exceeded their targets for technical assistance and emergency
simulations. Most Title III violators continue to return to compliance without formal
enforcement actions.
RCRA
-- The Regions continue to exceed the targets for all permitting and closure measures.
~ The Regions completed 120 RCRA final permit determinations through third quarter. A total
of 185 RCRA facility closure plans were approved through third quarter.
UST
~ LUST cleanups initiated, releases under control, and cleanups completed are increasing, and
continue to be paid for by the responsible parties (over 95% in all stages).
-------
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.
REMEDIAL PROGRAM
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.
-96-
-------
**
The Superfund Remedial Program in Perspective
Pfe-Remedial
Investigation
Site Discovery
:: Notification :
1
Prefiminary
Assessment
National
Priority
Listing
Remedial
Alternatives
Evaluation
** Removal activities can be initiated at any stage in the remedial program.
II Activity is tracked in STARS
Remedial
Action
Implementation
Remecial
I
Remedial
Action
i
Operation and
Maintenance
i
Post-Closure
Monitoring
-97-
-------
REMEDIAL PROGRAM OVERVIEW
o Using STARS data from the third 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 third quarter each remedial stage shows varying progress. Most stages of the remedial
process have been substantially below target through several consecutive quarters. From second
to third quarter, performance through the pipeline remained roughly constant, except for the
large number of remediations completed, 11 of which were in Region IV.
-QR_
-------
SUPERFUND REMEDIAL PROGRAM
NATIONAL PERFORMANCE PROFILE
As of June 30, 1990
DC
<
o
£
Q_
200
180
160
140
120
100
80
60
40
20
0
SI
COMP
REMOVAL
ACTION AND
RI/FS
START*
REMEDES
AT NPL SITES
(RODs)
FIRST
RD
FIRST
RA
STARTS
REMEDIAL ACTIVITY
PERFORMANCE / TARGET = PERCENT OF 3rd QUARTER TARGET
*COMBINED IN FY 1990 TO INDICATE GENERAL ACTIVITY AT SITES
COMPLETION
OF ALL
REMEDIATION
CURRENT QUARTER
^ LAST QUARTER
- - ONE YEAR AGO
-99-
-------
Program Progress as
of June 30. 1990
Site Discovery
or
Notification:
32.923 sites
T
Preliminary
Assessment:
30.303 sites
Site
Inspection:
12.221 sites
MRS
Scoring:
2,257 sites
National
Priority
Listing:
1.218 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 third quarter, the Regions completed 1,471 Sis, exceeding the target of 1,093.
o As of June 30, 1990, the Regions have conducted 30,303 Preliminary Assessments,
representing 92% of those facilities discovered and reported to EPA. The Regions have
conducted 12,221, 40% 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, 328 of which have
been scored in FY 1990. There are 1,218 sites currently on the NPL or are proposed for
the NPL. Federal facilities account for 6% of the NPL sites to date.
-1UO-
-------
PRE-REMEDIAL SUPERFUND
As of June 30, 1990
SITE INSPECTIONS
S/F-1.2
I IV V VI VII VII IX X
REGIONS
TARGET FOR 3rd QUARTER
ACTUAL 3rd QUARTER
ACTUAL 2nd QUARTER
ACTUAL 1st QUARTER
2000
NATIONAL
1000
FY89 FY90
Q1-Q4 Q1-Q3
NATIONAL TARGET
-101-
-------
Program Progress as
of June 30, 1990
Remedial
Investigation
and
Feasibility
Study:
1.112 sites
1
Record of
Decision:
491 sites
REMEDIAL ALTERNATIVES EVALUATION
Site Activity Starts
o Although the Remedial Investigation and the Feasibility Study (RI/FS) have different
purposes, the former being to define the extent of the problem and the latter being to
develop and evaluate remedial alternatives, they are often performed concurrently.
o The Superfund Removal Program involves short-term actions taken to prevent or mitigate
significant risk to human health, welfare, or to the environment. Situations which warrant
an immediate removal action may include: drinking water contamination, human health
and animal food chain exposure, fire/explosion threat, or other acute situations.
o STARS tracks a combination of RI/FS and removal starts at NPL sites, even though
removal actions are not exclusive to NPL sites. The Regions addressed 69 sites in third
quarter, against a target of 93.
o In Superfund to date, 2,360 sites have had removal or remedial activities started, and of
these, 984, or 42%, included PRP (potentially responsible party) financing. Sixty-eight
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 third quarter, 41 RODs were signed at NPL sites, for 35% of the target of 117. All of
these sites were the result of fund-lead RI/FS.
o Remedies have been selected at 491 NPL sites (19 of which were No Action Alternatives)
through June 30, 1990.
-IU2-
-------
SUPERFUND REMEDIAL ALTERNATIVE DEVELOPMENT
As of June 30, 1990
NPL SITES WITH REMOVAL ACTION
OR RI/FS START
25
20
15
10
\ K
I I I
J ^
x\
/o
'«
I '--
i y
IV V VI VII VIII IX X
REGIONS
REMEDIES SELECTED AT NPL SITES (RODs)
30
25
20
15
10
5
0
Ll
I
IvXI
I U
S/C-2
TARGET FOR 3rd QUARTER
^^^\l THIRD QUARTER
VTA SECOND QUARTER
I | FIRST QUARTER
S/C-3
\\
'/
1(^
l-'~\
f\X1
[yq
IV V VI VII VIII IX X
REGIONS
NATIONAL
RODs
200
150
100
50
0
FY89 FY90
Q1-Q4 Q1-Q3
NATIONAL TARGET
-------
REMEDIAL ACTION IMPLEMENTATION
Program Progress as
of June 30,1990 Remedial Design Activity
Remedal
Design:
420 sites
I
Remedial
Action:
282 sites
Operation and
Maintenance
Post-Closure
Monitoring
Completion
of Remediation
or Removal:
53 sites
o The remedial design is the detailed plan for conducting the remedial action. STARS
tracks funding or PRP contract awards for remedial design activity starts.
o The Regions initiated remedial design activity at 60 NPL sites, missing their third quarter
target of 106. As of June 30, 1990, remedial design activity had been initiated at 420 NPL
sites.
Remedial Action Activity
o The Regions initiated 34 remedial action starts in third quarter, of the target of 45. Of
these, 22 were PRP-financed and 12 were fund-financed. As of June 30, 1990, there were
282 NPL sites with remedies implemented or in progress. Of these 282, 146 or 52% were
fund-financed.
o Remedial Implementation was completed at 14 sites in third quarter, of seven sites
targeted for completion. As of June 30, 1990, 53 NPL sites had been cleaned up. One
year ago, 41 sites had been cleaned up.
o Post-closure monitoring provides the remedy verification needed to delete a site from the
NPL. There was one site deleted from the NPL in third quarter, and 29 sites have been
deleted from the NPL to date.
-------
REMEDIAL IMPLEMENTATION AT NPL SITES
As of June 30, 1990
REMEDIAL DESIGN STARTS
REMEDIAL ACTION STARTS
ou
25
20
15
10
5
" r* 'i
_ i ii
i i i
- ' -\ i i
1 \ i
--'S^LI
f f f / / /
\^\ / s ' / .
^\ ^
\>l
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' * \ \
v\i v\-> t
T7T \\ O
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1 S
^fcOU
I III \V V V\ VII VIII IX X
REGIONS
IH
12
10
8
n
;
i
i
i
i
\\
//
n
i i
i
r M
//
'/,
//
//
1
|
r
N
IKX
v/
//
//
//
\_
'// i\V
// \\ ^^ 1
/// //\ J
INN
I II
IV V VI VII VIII IX X
REGIONS
COMPLETION OF REMEDIATION
12
9
6
3
TARGET FOR 3rd QUARTER
ACTUAL 3rd QUARTER
ACTUAL 2nd QUARTER
ACTUAL 1st QUARTER
S/C-4, 5, 6
I II III \M V VI VII VIII \X X
REGIONS
-105-
-------
Supert'und Enforcement
o Enforcement cases under CERCLA may he 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 three quarters of FY 1990, there were 29 Section 107 cost recovery site
referrals to OE or DOJ for pre-remedial action (against a target of 35). There were three
Section 107 cost recovery site referrals for remedial action (against a target of 16), bringing
the total number of cost recovery site referrals (greater than or equal to $200,000) to 32
against a target of 51.
o In the OE 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 43 for the first three quarters. The total number of CERCLA referrals was 82 compared
to 74 for the same period last year.
o The Regions had 38 Section 106 referrals for RD/RA with settlement (against a target of 54)
and 26 sites were issued unilateral administrative orders for RD/RA (against a target of 21).
There were no Section 106 referrals without settlement (against a target of two). In FY
1989, there were a total of 22 Section 106 cases referred during the first three quarters.
o The Regions issued 78 Section 106 removal orders (20 NPL/58 Non-NPL) during the first
three quarters compared to 67 (22 NPL/45 Non-NPL) in the first three quarters of FY 1989.
o There were 23 Interagency Agreements signed (against a target of 42) at NPL or proposed
NPL federal facilities for RI, FS, RD, RA or RD/RA. Regions IV and X had seven
agreements each.
-------
SECTION 107
COST RECOVERY REFERRALS
(CUMULATIVE)
SUPERFUND ENFORCEMENT
As of June 30, 1990
IO
15
12
9
6
3
n
-
-
-
-v
^^ _ I
° I II II
r-J
//
?,
\\f
1 / A
I
1
V
//
//
//
//
i
I
1
i
_ /
'/A HTTl Y// 17^/1771
\/ V\ VI VU IX X
REGIONS
18
15
12
9
6
3
0
12
10
8
6
4
SECTION 106
CIVIL REFERRALS
(CUMULATIVE)
\\
I
I-J
SECTION 106
REMOVAL ORDERS
(CUMULATIVE)
IV V VI VI Vi IX X
REGIONS
CUMULATIVE TARGET
CUMULATIVE ACTUAL
S/E-1(a)
IV V VI VI VII IX X
REGIONS
-107-
-------
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 HI of SARA.
o Simulations are table-top or full-field exercises conducted to evaluate a contingency plan. In
third quarter, the Regions assisted with or participated in 99 test exercises, against a target
of 42.
o Technical assistance is the provision of expertise by EPA to improve preparedness and
prevention capabilities and programs. The Regions provided technical assistance in 484
instances, exceeding a third quarter target of 308.
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 third quarter, Regions sent 293 ARIP questionnaires to facilities with releases. EPA will
share the ARIP information with national, state, and local organizations.
o Thirty on-site chemical safety audits were conducted by the Regions, of the third quarter target
of 29.
108-
-------
CHEMICAL EMERGENCY PREPAREDNESS AND PREVENTION
ENFORCEMENT
As of June 30, 1990
ADMINISTRATIVE ORDERS
6
2
0
IV V VI
REGION
VI VII
IX
NATIONAL
TOTALS
30
20
10
0
THIRD QUARTER
FIRST QUARTER
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 1,030 investigations of potential violations in third quarter, 882 were in Region IV. Of the 1,030
potential violations, 48 violations were identified (13 were identified in Region V). There were 650
violators (592 in Region VII) returned to compliance without formal enforcement actions, and seven
(four in Region III) returned with formal actions.
In third quarter, the Regions issued 24 administrative orders in response to violations identified under
CERCLA and EPCRA. Proposed penalties resulting from these actions total over $2 million.
-109-
-------
THE RCRA PROGRAM
LAND DISPOSAL FACILITIES
As of June 30, 1990 the land disposal facility (LDF) universe numbered 1,510. Of these facilities, 162 LDFs were on the
permit track, 988 were on the closure track, 114 were on both tracks, and 246 LDFs were not classifiable.
Permitting Track
*
o As of June 30, 1990, 93% or 256 of the 276 facilities on the permitting track (including those facilities on both
tracks) have been determined. Twenty LDFs have yet to be determined.
o There are no targeted LDF measures for facilities on the permit track. There were ten draft RCRA permits
issued and ten final RCRA permit determinations through third quarter.
Closure Track
o Of the 1,102 land disposal facilities on the closure track as of June 30, 1990, (including those
facilities on both tracks) 823 have approved closure plans.
o The Regions approved 53 land disposal facility closure plans through the third quarter, the third quarter target
for this measure was 37.
o The Regions have issued 17 LDF post-closure permits through third quarter.
-110-
-------
120
100
80 -
60 -
40 -
20 -
LAND DISPOSAL FACILITIES
As of June 30, 1990
FINAL PERMIT DETERMINATIONS
(PROGRAM TO DATE)
I II III IV V VI VII VHI IX X
REGIONS
NUMBER WITHOUT FINAL DETERMINATIONS
NUMBER OF PERMITS DENIED
NUMBER OF PERMITS ISSUED
CLOSURE PLANS APPROVED
20
15 -
10 -
5 -
I II III IV V VI VII VIII IX X
REGIONS
[ZZ! NUMBER OF CLOSURE PLANS APPROVED
TARGET FOR 3rd QUARTER
R/C-1(D&E)
R/C-1(F)
-111-
-------
INCINERATORS
As of June 30, 1990, the incinerator universe, which includes both stand alone incinerators and incinerators at disposal
facilities, numbered 342. Of these facilities, 195 incinerators were on the permit track, 89 were on the closure track, 10
were on both tracks, and 58 were not classified as being on either track.
Permitting Track
o Of the 205 facilities on the permitting track (including those facilities on both tracks), 79% or 162 have been
determined as of June 30, 1990. This leaves 43 facilities to be determined .
o The Regions have made 38 final permit determinations through the third quarter. This performance exceeds
the third quarter target of 25. Of the 38 determinations, 33 resulted in issued permits and five have been
denied.
o In addition, seven draft permits and one notice of intent to deny have been issued through third quarter.
Closure Track
o Of the 99 incinerators on the closure track as of June 30, 1990 (including those facilities on both tracks), 57
have approved closure plans.
o Through the third quarter, the Regions have approved 16 incinerator closure plans, exceeding the target of
nine.
o The Regions issued nine notices of incinerator closure plan availability through third quarter. There were no
incinerator post-closure permits issued during third quarter.
-IT?-
-------
20
15
10
INCINERATOR DATA TRACKED IN STARS
As of June 30, 1990
*
i.
FINAL PERMIT DETERMINATIONS
NATIONAL
3rdQ
1990
I H
IV V VI VII VII IX X
REGIONS
NUMBER OF PERMITS DENIED
ES3 NUMBER OF PERMITS ISSUED
---- TARGET FOR 3rd QUARTER
R/C-1(D&E)
10
8
CLOSURE PLANS APPROVED
NATOMAL
20
15
10
5
0
3rdQ
1990
I II III IV V VI VII VII IX X
REGIONS
Y7A NUMBER OF CLOSURE PLANS APPROVED
TARGET FOR 3rd QUARTER
R/C-1(F)
-113-
-------
STORAGE AND TREATMENT FACILITIES
As of June 30, 1990, the storage and treatment (S/T) facility universe, which includes only facilities without disposal or
incineration processes, numbered 2,802. This universe was comprised of 1,641 S/T facilities on the permit track, 493
facilities on the closure track and 958 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 June 30, 1990, 673 S/T facilities or 39% of the permit track facilities had received final permit
determinations.
o The Regions made 72 final storage and treatment facility permit determinations, through the third quarter,
exceeding the target of 62. Of these 72 determinations, 65 resulted in issued permits and seven permits were
denied.
o The Regions also issued 67 draft permits and seven notices of intent to deny a permit.
Closure Track
o Of the 493 storage and treatment facilities on the closure track, as of June 30, 1990, 343 have approved
closure plans.
o The Regions approved 116 storage and treatment facility closure plans and issued 73 notices of closure plan
availability through the third quarter. There were no post-closure permits issued during third quarter.
-------
30
25 -
20 -
15 -
10 -
5 -
0
STORAGE AND TREATMENT FACILITIES
As of June 30, 1990
FINAL PERMIT DETERMINATIONS
R/C-1(D&E)
I I II IV V VI VII VI IX X
REGIONS
EZl NUMBER OF PERMITS DENED
E23 NUMBER OF PERMITS ISSUED
TARGET FOR 3rd QUARTER
60
50
40
30
20
10
CLOSURE PLANS APPROVED
NATIONAL
150
100
50
3rdQ
1990
II III IV V VI VII VHI IX X
REGIONS
NUMBER OF CLOSURE PLANS APPROVED
R/C-1(F)
-115-
-------
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 June
30, 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 127 RFA's and imposed 113 RFIs (exceeding the target of 66) through the third
quarter of FY 1990. They have completed 1,993 RFAs and imposed 678 RFIs through the corrective action
program year-to-date . The Regions completed work on 90 RFI workplans through third quarter and 57 RFIs
year-to-date.
o Three corrective action remedies have been selected and three corrective action designs have been approved
through third quarter. The Regions have completed 24 remedy selections and approved 18 corrective measures
designs year-to-date. The Regions have reported 15 interim measures required of owner operators in the third
quarter. They have required 64 interim measures and completed eight year-to-date.
o Proposed regulations for the procedural and technical requirements for corrective action at solid waste
management units have been released by OMB.
-------
CORRECTIVE ACTION PROGRAM STATUS
500
400
300
200
100
As of June 30, 1990
RFA's COMPLETED
(PROGRAM TO DATE)
I II ID IV V VI VP VUI IX X
REGIONS
RFI's IMPOSED
THROUGH THIRD QUARTER FY 1990
RFrS IMPOSED
TARGET
II IV V VI VI VIN IX X
REGIONS
175
150
125
100
75
50
25
0
20
15
10
5
0
RFI's IMPOSED
(PROGRAM TO DATE)
PERMITS
ORDERS
II IV V VI VI VIII IX X
REGIONS
RFI's COMPLETED
(PROGRAM TO DATE)
SOURCE: CARS
II III IV V VI VII VIII IX X
REGIONS
-117-
-------
RCRA Enforcement
o Inspections - Both EPA and the states performed well on third quarter inspections targets for
land disposal facilities (839 against a target of 730 (115%)); for treatment, storage and
disposal facilities (1,292 against 975 (133%)) and for federal, state and local treatment,
storage and disposal facilities (299 against 225 (133%)). Of those generators generating over
1,000kg of waste and subject to land disposal restrictions, 3,387 have received a land ban
inspection. Twenty high priority violations were reported based on these inspections.
o Addressing Significant Noncompliance (Snapshot) - The RCRA program reported 801
treatment, storage and disposal facilities (TSDFs) in significant noncompliance (SNC) at the
end of the third quarter. Of these, 645 (81%) had been addressed by a formal enforcement
action, but had not returned to physical compliance.
o Of the 801 TSDFs in SNC at the end of the third quarter, 133 (17%) 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 67 federal facility
TSDFs in SNC. Of these, 44 (66%) had been addressed by a formal enforcement action, but
had not returned to physical compliance.
o Of the 67 federal facility TSDFs in SNC at the end of the third quarter, 23 (34%) did not
have a formal enforcement action taken within 135 days of the inspection. There was one
federal facility (EPA lead) with final EPA regional action completed within 120 days of the
initial action.
o Judicial and Administrative Enforcement Activity - During the first three quarters, EPA
referred ten RCRA civil and 17 criminal cases to the U.S. Department of Justice. The states
filed 30 civil and/or criminal cases against Subtitle C handlers. EPA issued 217 formal
administrative actions compared to 287 for the same period last year. The states issued 891
administrative actions compared to 753 during the first three quarters of last year.
_1 1 Q
-------
1000
800
600
400
200
0
RCRA ENFORCEMENT
As of June 30, 1990
ADDRESSING TSDFs IN SNC - SNAPSHOT
175
150
729
775
801
1000
800
600
400
200
0
R/E-1(b),2
604
618
IN SNC
EZZ3 ADDRESSED
645
1234
QUARTERS
FORMAL ADMINISTRATIVE ACTIONS
l/W
KX><1 EPA
\77X STATES
2 3
QUARTERS
TSDF INSPECTIONS
35
30
25
20
15
10
5
0
I I
IV V VI VI VI IX
REGIONS
CIVL AND CRMNAL REFERRALS
E22 EPA
(Z23 STATES
2 3
QUARTERS
-119-
-------
-------
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, HI, 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.
o 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.
o 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.
o Region VI initiatives include: the identification, inspection, and return to compliance of non-
notifiers. The Region will reduce inspections at insignificant land disposal facilities.
o 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 at insignificant storage and
treatment facility permits.
-121-
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-------
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.
-123-
-------
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 third 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 third quarter of FY 1989.
One state program and three applications have been approved to date. Fifty-one 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. Oust will phase-in F.R. requirements to allow disadvateged O/Os to obtain liabilitiy
insurance. 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, 1991 if they have 13-99 USTs;
October 26, 1991 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 continue to improve state programs
and maintain requirements no less stringent than federal requirements and administer the LUST
Trust Fund.
-174-
-------
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 thousands of LUSTs will be discovered annually.
o The rate of LUST cleanup activity nationwide continued to increase in third quarter.
-- There were 8,998 LUST cleanups initiated in third quarter (21% of the 44,432 to date).
Of these, 8359 (93%) were responsible party-led, 282 (3%) were state led with LUST
Trust Fund monies, and 357 (4%) were state-led without LUST Trust Fund monies.
- There were 7,777 LUST releases under control in third quarter (25% of the 31,336 to
date). Of these, 7,196 (93%) were responsible party-led, 252 (3%) were state led with
LUST Trust Fund monies, and 329 (4%) were state-led without LUST Trust Fund
monies.
- There were 5,279 site cleanups completed in third quarter (36% of the 15,228 to date).
Of these, 5,021 (95% were responsible party-led, 32 (1%) were state led with LUST
Trust Fund monies, and 226 (4%) were state-led without Trust Fund monies.
-125-
-------
-------
Enforcement aud
Compliance Monitoring
-------
-------
OFFICE OF ENFORCEMENT
o Civil Enforcement
o Criminal Enforcement
o Federal Facility
-127-
-------
-------
CIVIL ENFORCEMENT
Proposed Consent Decree Review Time
o OE reviewed and forwarded 92 consent decrees to DOJ through the third quarter of FY
1990 compared to 91 last year.
o The average review time for the quarter was 23 days, meeting the 35 day average target.
The review times ranged from one to 118 days.
Civil Referral Activity
o The Regions referred 173 new cases directly to DOJ and eight to HQs through the third
quarter for a total of 181; compared to 183 a year ago.
o There have been 49 new pre-referral negotiation cases opened through the third quarter.
Of these, 33 are CERCLA cases.
o There have been 15 consent decree enforcement cases initiated through the third quarter (a
year ago there were eight cases initiated.)
-129-
-------
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 third quarter, the
867 cases had the following status:
-- 179 (20%) were pending at the DOJ.
- 51 (6%) were returned to the Region.
~ 14 (2%) had been concluded before filing.
- 513 (59%) were filed in Court.
-- 110 (13%) had been concluded after filing.
Of the 867 cases, 247 (28%) of these have been ongoing for more than two years since
being filed.
o There were 189 civil cases referred to DOJ through the third quarter (FY 1990 cases)
compared to 184 a year ago. As of the close of the quarter:
-- 154 (81%) were pending at the DOJ.
- 0 were returned to the Region.
- 3 (2%) was concluded before filing.
-- 25 (13%) were filed in Court.
~ 7 (4%) was concluded after filing.
o The total number of active cases (including fixed and dynamic) was 922.
-130-
-------
FOLLOW-THROUGH ON ACTIVE CIVIL CASE DOCKET
As of June 30, 1990
CIVIL CASE DOCKET NEW FY 1990
REFERRALS TO DOJ
900
200
150
100
50
2 3
QUARTERS
LEGEND
CASES PENDING AT DOJ
CASES RETURNED TO THE REGION
CASES CONCLUDED BEFORE FUNG
CASES FILED IN COURT
CASES CONCLUDED AFTER FLNG
CASES:
Ax
NUMBER OF REFERRALS - 189
E/C-4.5
-131-
-------
Consent Decree Tracking
o At the end of the third quarter, the Regions reported that there are 594 active consent
decrees compared to 564 a year ago.
o Consent decree compliance for the quarter was 77%, a decrease from the first quarter rate
of 80%.
o Of 136 consent decrees reported in violation:
79 (58%) had a contempt action, a decree modification referred, or a stipulated penalty
collected.
~ 43 (32%) had formal enforcement action planned but not commenced.
-- 14 (10%) had no formal enforcement action planned or deemed necessary.
-132-
-------
EPA CONSENT DECREE TRACKING
As of June 30, 1990
NATIONAL
600
1234
QUARTERS
[Z3 N COMPLIANCE WITH THE TERMS OF THE DECREE
RX3 N VIOLATION WITH FORMAL ENFORCEMENT ACTION INITIATED
I M VIOLATION WITH FORMAL ENFORCEMENT ACTION PLANNED BUT UNCOMMENCED
I I IN VIOLATION WITH NO FORMAL ENFORCEMENT ACTION PLANNED AT THIS TIME
E/C-1
-133-
-------
-------
CRIMINAL ENFORCEMENT
Criminal Referral Activity
o There were 94 new criminal investigations opened through the third quarter of FY 1990
compared to 89 a year ago. Twenty investigations were closed prior to referral to the
Office of Criminal Enforcement. There were 215 open investigations at the end of the
quarter compared to 172 a year ago.
o The Regions referred 52 new cases to HQs and 47 cases were referred from OE to DOJ.
A year ago the Regions referred 47 cases to HQs, and 44 cases were referred from OE to
DOJ.
-135-
-------
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 third quarter.
-- 12 (11%) were under review by DOJ.
32 (30%) were under grand jury investigation.
-- 27 (24%) had charges filed.
-- 22 (21%) had been closed following prosecution.
-- 13 (12%) had been closed without prosecution.
o There were 47 new criminal cases referred to DOJ through the third quarter compared to
44 a year ago. As of the close of the quarter:
- 11 (23%) were under review by DOJ.
29 (62%) were under grand jury investigation.
4 (9%) had charges filed.
-- 1 (2%) was closed following prosecution.
- 2 (4%) was closed without prosecution.
o The total number of active cases was 115 compared to 104 last year.
-"Rfi-
-------
o
120
100
80
60
40
20
0
FOLLOW-THROUGH ON ACTIVE CRIMINAL CASE DOCKET
As of June 30, 1990
PRE-FY 1990 REFERRALS
2 3
QUARTERS
60
48
36
24
12
STATUS OF NEW
FY 1990 REFERRALS
1234
QUARTERS
NUMBER OF NEW REFERRALS - 47
LEGEND
E/C-7.8
IX X UNDER REVEW AT DOJ
I I UNDER GRAND JURY INVESTIGATION
II WITH CHARGES FLED
(':.. I CLOSED FOLLOWING PROSECUTION
I CLOSED BY DOJ WITHOUT PROSECUTION
-137-
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FEDERAL FACILITY COMPLIANCE
Federal Facility Violation Rates (Note: data are lagged one quarter)
o During the second quarter of FY 1990, 213 inspections of federal facilities were conducted.
Eighty violations were detected in these inspections for a 38% violation rate. A year ago
the second quarter rate for violations was 21%.*
For the Air media, two violations were detected in 32 inspections for a 6% rate.
-- For NPDES, one violation was detected in 32 inspections for a 3% rate.
For SDWA, no violations were detected and three inspections were conducted.
For RCRA, 64 violations were detected in 109 inspections for a 59% rate.
~ For TSCA, 11 violations were detected in 32 inspections for a 34% rate.
For Multi-Media, two violations were detected and four inspections were conducted.
o In the second quarter, 48 enforcement actions were taken against previous violations
(compared to 46 a year a go.)
*Note: Regions I and HI data were not submitted in time for this report.
-138-
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FEDERAL FACILITIES VIOLATION RATE
BASED ON INSPECTIONS
As of March 31, 1990
DC
100
90
80
70
60
50
40
30
20
10
0
E/C-1/4E
AIR NPDES DW RCRA TSCA
(32) (33) (3) (109) (32)
NUMBER OF INSPECTIONS
% NOT IN VIOLATION
% IN VIOLATION
OVERALL
(213)
-139-
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Response To Significant Federal Facility Noncompliance
o OAR identified 11 federal facilities as significant violators as unaddressed at the beginning
of the quarter. One was returned to compliance and the remaining ten are pending.
o OW identified five federal facilities on the exceptions list that were carried over from the
previous quarter. Two were returned to compliance and two had enforcements action
initiated. The remaining SNC constitutes the pending balance of one facility.
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 third quarter, 12 SNC cases were issued and 17 SNC cases were closed.
o OSWER compliance snapshot at the end of the third quarter shows 67 federally owned or
operated TSDFs in SNC. Of these facilities, 44 have been addressed with formal
enforcement actions, but are not yet in compliance.
-------
RESPONSE TO SIGNIFICANT FEDERAL FACILITY NONCOMPLIANCE
As of June 30, 1990
AIR FIXED BASE
BOY 1
3 4
60
45
30
15
0
I I ADDRESSED
I PENDING
TSCA SIGNFICANT VIOLATORS FIXED BASE
(PRE FY 1990 CASES)
E/C-SNC1
BOY OPEN PENDING PENDNG PENDNG CASES
TOTAL SNC NON-SNC CLOSED
CASES CASES
ISSUED ISSUED
WATER EXCEPTIONS REPORT
16
12
8
SNC ENFORCEMENT RETURNED TO PENDNG
ACTION COMPLIANCE
CZI SNC 2 CONSECUTIVE QUARTERS
SNC FOR MORE THAN 2 QUARTERS
RCRA COMPLIANCE SNAPSHOT
1 2 3. 4
EZ SNC/ADDRESSED/END OF QUARTER
SNC/UNADDRESSED/END OF QUARTER
-141-
-------
-142-
-------
Number of New Criminal Referrals to EPA-OCEC
(3rd 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
2
3
1
0
0
3
0
2
4
17
CLEAN
AIR
1
0
1
3
0
0
0
0
0
1
0
6
CLEAN
WATER
2
2
5
6
2
2
0
1
1
3
0
24
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
1
0
1
Total
5
2
8
12
5
2
2
4
1
7
4
52
-143-
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-144-
-------
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-------
Office of General Counsel
-145-
-------
Red Border Review Deadlines
o OGC received 90 Red Border documents for review through the third quarter of FY 1990.
Thirty-one documents were received for review during the third quarter.
o OGC Completed:
23 (74%) reviews within three weeks, compared to a target of 80%.
3 (10%) reviews within four weeks, compared to a target of 100%. The cumulative total
of completed reviews for the quarter was 26 (84%).
5 (16%) reviews were not completed within the four week review target.
State Delegation Agreement Review Deadline
o OGC received no applications for review during the third quarter. Three applications were
reviewed during the first and second quarters and concurrence was received within the 15
day target.
-------
25
20
CO
UJ
> 15
ui
cc.
LJ_
O
(5 10
OGC CUMULATIVE REVIEW OF RED BORDER PACKAGES
As of June 30, 1990
PROGRAM SUMMARY
OAR OARM OSWER
PROGRAMS
OPTS
90
CO
>
cc.
u.
O
cc.
60
30
2 3
QUARTERS
G/C-2
LEGEND
COMPLETED WITHIN 3 WEEKS
COMPLETED WITHIN 4 WEEKS
INCOMPLETE AFTER 4 WEEKS
-14 /
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