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U.S. Environmental Protection Agency
Quarterly Progress Report
Third Quarter FY 1992 Report
TABLE OF CONTENTS
Office of Air and Radiation ....
Office of Enforcement .....
Office of General Counsel ....
Office of Pesticides and Toxic Substances .
Office of Solid Waste and Emergency Response .
Office of Water ......
1
11
13
15
25
37
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FY 1992 THIRD QUARTER PROGRESS REPORT
PROGRAM HIGHLIGHTS
OFFICE OF AIR AND RADIATION
A Federal Implementation Plan (FIP) may be required for the District of Columbia for
failure to submit RACT corrections to control ozone. The due date was May 15,1991. All
other states have completed work or are making satisfactory progress.
There are 22 outstanding SIPs for PM 10 nonattainment ~ many of which may not be
submitted in fourth quarter. The deadline was November 15,1991. Sanctions and FIPs
are possible for at least some of these areas.
Nine of 29 states requiring enhanced VM programs have the needed enabling legislation.
Most states are waiting for the November 6,1992 publication of the final rule for
Inspection and Maintenance programs.
EPA and the Nuclear Regulatory Commission (NRC) are coming closer to reaching an
agreement over conflicting legislation about radionuclides emissions by non DOE sources.
Currently, EPA's regulation is much stricter than NRC's. A recent survey found that
emissions of these facilities are well below EPA's maximum in most cases. This makes it
possible for EPA to consider remanding this part of the rule (40 CFE 61 Subpart I) so that
these licenses at levels of emissions comparable to EPA's. Subpart I facilities include
hospitals and laboratories, radiopharmaceutical companies, or any federal facility other than
Department of Energy Facilities. DOE sites like Hartford and Savannah River are covered
under subparts H and Q. This is good progress toward resolving this longstanding issue
between EPA and NRC.
OFFICE OF PREVENTION, PESTICIDES, AND TOXICS SUBSTANCES
Regions met or exceeded inspection targets in all OPPTS inspection categories. [TSCA
federal (104%); TSCA state (96%); FIFRA federal (15%); FIFRA state (144%-lagged from
second quarter); and, EPCRA federal (120%).]
The regions and headquarters settled 125 cases through third quarter with provisions for
Environmentally Beneficial Expenditures (EBEs) included in the settlement conditions.
The most common EBE settlement terms identified involve disposal activities and source
reduction.
OFFICE OF SOLID WASTE AND EMERGENCY RESPONSE
* Regions reported 100 National Priority List site completions through third quarter (and
eight more since), compared to 63 sites through the end of FY 1991. They will meet the
national end-of-year target of 130 site completions.
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The dollar value of Superfund cost recovery settlements has reached $49 million this year-
to-date, cumulating to $756 million from FY 1987 to date.
California is the most recent state authorized for the RCRA base program, which now
includes 50 out of 56 states and territories.
Regions are exceeding the targets for inspecting RCRA facilities, but over 1,200 are in
significant noncompliance and return to compliance is very slow.
Leaks of petroleum underground storage tanks are being confirmed at the rate of 10,000
per quarter, and cleanups have been initiated at 67% and completed at 26% of the sites.
OFFICE OF WATER
Regions and states must reissue 876 National Pollutant Discharge Elimination System
(NPDES) permits in fourth quarter to meet an annual target of 1,417 permits. The regions
had targeted an average of 49% of their NPDES permit reissuance activity to be completed
by end of the end quarter and actually achieved, on average, 38% of the annual target of
this activity. This leaves 62% of permit reissuance activity to fourth quarter.
Regional performance varied from 18% of annual target (Region V) to 61% of annual target
(Regions IV, VII).
Across the water program, 25,958 enforcement actions were taken through third quarter
1992 an increase of 3,281 enforcement actions over the same period last year. This
increase can be attributed to better reporting and more aggressive enforcement by the
regions. It is anticipated that these numbers will increase fourth quarter.
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FY 1992 Third Quarter Progress Report
OAR
OFFICE OF AIR AND RADIATION
Office of Air and Radiation (OAR) programs address many of the highest risk environmental
problems faced by EPA, as ranked in the Science Advisory Board report, "Reducing Risk:
Setting Priorities and Strategies for Environmental Protection." OAR's mission is to protect
human health and the environment, including ecological and aesthetic effects, from airborne
pollutants and radiation.
OAR has a multi-phased planning process, including the draft 1994-1998 Strategic Plan, an
"Implementation Strategy" for the Clean Air Act Amendments of 1990, and the annual
Memoranda of Agreement. These MOAs articulate regional commitments toward achieving
program goals and objectives. This report uses information generated from the MOA
reporting system and other sources and is intended to track progress on implementing goals
and objectives.
STRATOSPHERIC OZONE PROTECTION
The goal of the stratospheric ozone program is to reduce skin cancer deaths associated with
ozone depletion; the primary objective for achieving this goal is to lower cumulative
chlorine concentrations in the stratosphere to less than two parts per billion by the year
2015. Program strategies include: implementing domestic, responsibilities under the revised
Montreal Protocol and the CAAA; expediting the phaseout of ozone depleting chemicals
internationally; and ensuring and promoting effective, environmentally-sound substitutes
and technologies in the U.S. and abroad.
In third quarter OAR presented a summary of the Technology and Economic Assessment to
the Working Group of Parties to the Montreal Protocol. The Assessment concluded that
CFCs are being eliminated faster than required by the Protocol and that it is technologically
and economically feasible to complete phaseout by the end of 1995, (five years ahead of the
CAAA schedule).
In addition, OAR continued to work on six regulations to implement CFC production
phaseout. This quarter the final rule to complete phaseout of production and consumption
of Class I substances by the year 2000 was sent to the Administrator. The rule is expected
to be in the Federal Register in fourth quarter. Another rule, on servicing motor vehicle air
conditioners, was published in the Federal Register on July 14, 1992. Publication is planned
for four more final rules: to ban nonessential consumer products containing CFCs
(December 1992); on labeling consumer products using ozone depleting chemicals
(February 1993); on recycling and disposal of ozone depleting substances (March 1993);
and on safe alternatives (September 1993). These rules, as required by the CAAA, are
designed to meet or exceed the revised Montreal Protocol.
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OAR
FY 1992 Third Quarter Progress Report
GLOBAL WARMING PREVENTION
OAR's strategic goal for global climate change is to avoid or reduce potential increases in
global wanning. To support this goal OAR is directing activities toward stabilizing methane
concentrations in the earth's atmosphere by the year 2005 and promoting voluntary
energy conservation.
Methane Reduction
The dominant strategy for this is to identify and promote, within the U.S. and
internationally, profitable options for reducing methane emissions from major anthropogenic
sources. Third quarter, drafts of some sections of a report to Congress on U.S. methane
emissions were peer reviewed. The report includes cost effective options for reducing U.S.
emissions and technical options for reducing emissions internationally. The report will enter
red border review between mid-August and the end of September. The final report is due to
Congress in November 1992.
Energy Conservation
OAR has set a goal for the year 2000 to reduce U.S. combustion-related air pollution from
stationary sources by 20 percent through the use of market-
based energy conservation programs. Strategies include:
use of voluntary programs to encourage industry to pursue
profitable energy saving investments; promotion of the
development and sales of energy efficient technologies;
acceleration of state actions to provide market incentives for
utilities to promote energy-efficiency; and efforts to identify
and remove private regulatory liability and other
institutional obstacles to energy efficiency. Green Lights
encourages major U.S. corporations and state and local
governments to install energy-efficient lighting. In third
GnwUgimPMbpini
quarter, the number of participants in the Green Lights program continues to grow at a
steady pace, rising from 425 to 561.
ACID RAIN REDUCTION
OAR's strategic objective in the acid rain program is to achieve a permanent 10 million ton
per year reduction in SO2 emissions and a 2 million ton per year reduction in NOX emissions,
both by the year 2000. Strategies to achieve these reductions include development of an
integrated package of core acid rain rules that take full advantage of market based
principles to promote conservation, achieve required reductions at the lowest possible cost,
and develop an interagency environmental monitoring and assessment program.
Third quarter, the final allowance allocation rule, which outlines allocations of SO2
allowances to affected utility units, was signed by the Administrator and published in the
Federal Register on July 7, 1992. Also this quarter, the plan for managing acid rain data for
SO2 allowances was finalized.
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FY 1992 Third Quarter Progress Report
OAR
NAAQS ATTAINMENT
The goal for NAAQS attainment is to reduce human health risks among the 150 million
Americans living in areas that do not meet standards for ozone, carbon monoxide, PM-10,
sulfur dioxide, lead, and nitrogen dioxide. OAR expects to achieve NAAQS in most
nonattainment areas within 10 years and all nonattainment areas within 20 years, and to
prevent significant deterioration of air quality in areas already in attainment. Highlights of
progress from third quarter follow.
Ozone / Carbon Monoxide
According to EPA's 1989 air quality trends report, 96 cities and other areas have ozone
levels that at times exceed the federal air quality standards for ozone, and 41 areas have
carbon monoxide levels that exceed the standard. OAR has many programs and activities
in place to address these health risks:
VQC Rule Corrections - RACT Fix-ups
States must require existing industries in these areas of nonattainment to install reasonable
available control technology (RACT) for precursors of ozone. The deadline for submission
of these RACT rules was May 15, 1991. The universe of required RACT fix-ups is 1,680
and as of third quarter 88% or 1,473 have been submitted to EPA. This represents a three
percent increase over last quarter, with, most of the progress coming from Region IV
(submittal rate up to 82% from last quarters 67%). Currently, Region V has 75% completed,
while Regions VII, VIII and X have completed 100% of this work. The District of Columbia
still stands a good chance of failing to submit rules due to a lack of resources, and may
require sanctions and/or the promulgation of a FIP.
VOC RACT Catch-ups
By November 15, 1992 states with newly designated ozone nonattainment areas must
adopt RACT for all current control techniques guidelines (CTG) categories and major VOC
sources. It appears that many states will fail to meet this deadline.
VOC Reduction Plans
A 15% reduction of VOCs within six years of CAAA enactment is required for all ozone
nonattainment areas with moderate or above categories. This quarter, OAR is finalizing its
initial guidance on reduction plans, and is circulating additional guidance for comment.
Submittals to the regions are not due until the first quarter of FY 93.
Emissions Inventories
Completed and approved Inventory Preparation Plans (IPPs) form the basis for the
development of the ozone and CO SIP Inventories. IPPs were required to be final by
October 1,1991. Third quarter, the last seven states submitted IPPs, for which approval from
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OAR
FY 1992 Third Quarter Progress Report
Regions III, V, VI and IX is still needed. Regions I, II, IV and VIII approved previously
submitted plans.
Progress in draft submittals of SIP inventories is limited, as the majority of the regions project
completion of drafts later than July 1, 1992 with some later than September 30, 1992. The
deadline for drafts was May 1, 1992. As of third quarter, none of the states had complete
submissions for ozone or CO. These delays may hurt the timeliness of the final CAAA
mandated inventories, which are due November 15, 1992. OAR continues to implement its
direct assistance program through the regions to support states with the preparation of
their inventories.
Ozone Modeling for SIP Attainment Demonstration
Development of a modeling protocol is the first step in fulfilling the requirement to conduct
photochemical grid modeling to demonstrate planned attainment with the NAAQS for
ozone. Attainment demonstration analysis based on the grid models are to be completed by
November of 1993. The modeling protocol has been done in all of the 28 areas required to
do grid modeling. Five areas have been accepted as final (Sacramento, Richmond, New
York, Louisville, and Chicago). Good progress is being made in preparing available data
bases.
Ozone Maintenance
Nonattainment areas seeking to be re-classified to attainment for ozone are required to
submit plans projecting continued maintenance of the standard. Third quarter, Kansas
City's plan was finalized and approved by the region. Headquarters will be working
closely with the regional offices on maintenance planning for states that are pursuing re-
designation to attainment.
Mobile Sources: I/M. Oxygenated Fuels and Reformulated Gasoline
The CAAA also requires dramatic reductions in passenger car emissions. This year, the
major emphasis of the mobile source effort is implementation of enhanced inspection and
maintenance (I/M) and oxygenated fuels programs. Basic or enhanced I/M implementation
programs are required for 29 states. Through third quarter, 9 states have the legal authority
necessary for the program, up from 6 last quarter. The program expects the current picture
to stay that way until the final rule is promulgated November 6, 1992.
The oxygenated fuels program will require a 17% reduction in mobile source carbon
monoxide emissions upon implementation, which is required for 23 states by November of
1992. Currently, 4 states (New Mexico, Texas, Arizona, Nevada) have the necessary rules
adopted. Massachusetts and New York are behind schedule and the remaining 17 states
are on schedule.
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FY 1992 Third Quarter Progress Report
OAR
29 States Must Implement I/M Programs
District of
Columbia
Status of Enabling Legislation
As of June 30,1992
7 Stales - No Activity
13 States Studying or Considering Legislation
9 States - Adopted Legislation
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OAR
FY 1992 Third Quarter Progress Report
Eleven states (no change since last quarter) in the Ozone Transport Commission
(OTC) have chosen to participate in the reformulated gasoline program to date. The
OTC agreed in principle to push for adoption of the California low emission vehicle
program in each state.
PM-10
Paniculate matter 10 micrometers or smaller in diameter pose health risks, as they
penetrate to the deeper portions of the lung, affecting sensitive populations groups
such as children and those with respiratory diseases. At least 27 million Americans
live in places that exceed the standard for PM-10.
State Implementation Plans (SIP) were due on November 15, 1991 for the 67 initial
nonattainment areas. Third quarter, 22 (down from 24 second quarter) are still
outstanding, and 43 of the 67 (up from 36 last quarter) have been found complete.
Five Notices of Proposed Rulemakings announcing findings of failure to submit
have been sent to Headquarters for review. Resource constraints in Regions n and
VII are again being cited as major impediments to SIP processing. Sanctions or FIP
development may be required for some of the 22 outstanding SIPs. In a related
activity, identification of 13 additional nonattainment areas for PM-10 is underway.
Lead
The goals of the lead program are to enforce current emission limits, evaluate existing
SIPs and revise as necessary, continue operation of the monitoring network, and
identify and monitor other significant sources. Third quarter, enforcement problems
were identified and appropriate responses are underway at sources in Regions V, VI,
and VIII. Region V also reports the possible nonattainment designation in Illinois
and has initiated a number of voluntary reduction initiatives.
All Regions have completed the installation of the required monitors around the
primary and secondary lead smelters and are reviewing the monitoring data to
identify potential problems. Work is continuing to develop source inventories and
install additional monitors as necessary.
AIR TOXICS REDUCTION
OAR's air toxic reduction goal is to reduce cancer deaths attributed to non-
occupational exposure to air toxics. Specific program objectives include a reduction
in risk from air toxics exposure from major point sources by 75% by 1997 and from
area point sources by 50% by 2000, and a reduction of risk of exposure to mobile
source air toxics by 50% by the year 2005. Information generated from the
Superfund "right-to-know" rule indicate that more than 2.7 billion pounds of toxic
air pollutants are emitted annually in the United States.
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FY 1992 Third Quarter Progress Report
OAR
Early Reduction Program (ERP) state submittals are down this quarter. The early
reductions program is stalled due to the lack of ERP regulations actually being in
place, and due to the uncertainty of the requirements that will be established via the
Hazardous Organic NESHAP. The strategy for this program is to encourage facility
owners and operators to achieve voluntary reductions of emissions before
regulations for Maximum Achievable Control Technology (MACT) are issued.
OPERATING PERMITS
The CAAA requires that plants and businesses classed as major pollution sources,
and some others, obtain operating permits which contain all their CAAA
requirements. To date, fifteen states have enabling legislation believed to be
adequate to implement the Title V permit program, five more than last quarter. The
recent publication of the national permit rule may speed the program development
effort, although the adjournment of many state legislatures without passage of
enabling legislation may result in states missing the statutory deadline of November
15, 1993 for submittal of approvable permit programs.
RADON
The goal for radon is to reduce excess lung cancer deaths attributed to indoor radon
exposure. The major objective is to ensure testing of 25-30% of homes by 2010.
Public information is one of five strategies the program is using to reduce human
exposure to elevated levels of radon. To this end, the "Citizens Guide to Radon"
has been distributed to Regions and state radon officials. The "Home Buyer's and
Seller's Guide to Radon" will go to Red Border review in August, and the Radon
Division is working to develop new construction standards for radon resistance.
RADIATION
EPA and the Nuclear Regulatory Commission (NRC) are coming closer to reaching
an agreement over conflicting legislation about radionuclides emissions by non DOE
sources. Currently, EPA's regulation is much stricter than NRC's. A recent survey
found that emissions of these facilities are well below EPA's maximum in most cases.
This makes it possible for EPA to consider remanding this part of the rule (40 CFR 61
Subpart I) so that these facilities will be covered by NRC if NRC agrees to regulate
these licenses at levels of emissions comparable to EPAs. Subpart I facilities include
hospitals and laboratories, radiopharmaceutical companies, or any federal facility
other than Department of Energy Facilities. DOE sites like Hanford and Savannah
River are covered under subparts H and Q. This is good progress toward resolving
this longstanding issue between EPA and NRC.
AIR ENFORCEMENT
NAAOS Enforcement
OAQPS reports there were 10,014 Class A and New Source Performance Standard
(NSPS) sources in NAAQS non-attainment areas in the third quarter (Region V
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OAR FY 1992 Third Quarter Progress Report
(34%) and Region IX (19%) are responsible for over 50% of the sources). Of the
Class A and NSPS sources, 8,973 (89.6 %) were in compliance (92.8% for sources
with known compliance status). The remaining 1,041 sources had the following
status: 467 (4.7%) were non-complying, 341 (3.4%) had an unknown compliance
status, and 233 (2.3%) were on a compliance schedule. Regions VI and VIII
reported the highest compliance rates, both over 95%. For Region VII, 79 of their
161 sources were reported as having an unknown compliance status. In FY 1992,
4,183 of the 10,014 national sources have been inspected.
Nontransitorv NESHAP Sources
OAQPS reports there were 1,177 nontransitory National Emission Standards for
Hazardous Air Pollutant (NESHAP) sources. Of these, 924 (78.5%) were reported as
in compliance (87.4% for sources with known status). The remaining 253 sources
had the following status: 120 had unknown status, 94 were non complying, and 39
were on a compliance schedule. Compliance rates varied substantially between
Regions; Regions VIII, IX and X all had rates above 92% while Regions IV and VII
had rates below 70%. Almost half of the non-complying facilities were in Regions II
(25) and VI (20). Three hundred and fifty three of the NESHAP sources have been
inspected in FY 1992, compared to 106 as of last quarter.
Asbestos Demolition and Renovation Activity
For the period October 1, 1991 to March 31, 1992, the Regions and States reported
6,282 and 26,390 notifications respectively. During that period, the Regions
conducted 256 inspections and the States 7,010. Violations of the Asbestos D&R
requirements have been reported as follows: notification violations - Regions
identified 212 and the States 505; substantive violations - Regions 44 and the States
122.
Summary of CAA Enforcement Activity
OAQPS reports the following major enforcement outputs through June 30, 1992:
Civil Referrals
Criminal referrals
Administrative Orders
EPA
32*
3*
196
STATES
89
0
643
(NOTE: State data includes 2nd Quarter data only; EPA orders include only 2nd
Quarter data for asbestos demolition and renovation program)
* Civil and criminal referral numbers for CAA are reported by OE. Three of the 32
CAA referral total were HQ CFC cases.
The civil referral total is down from the level for the same period over the last two
years (54 and 46). The administrative order total is above the third quarter total in
FY 1990 (186) and more than double the FY 1991 third quarter level of 94. Regions
I, II, V, and X accounted for 81% of the 196 EPA administrative orders while Regions
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FY 1992 Third Quarter Progress Report
OAR
II (5), III (6), V (7), and IX (9) accounted for 84% of the regional civil judicial
referrals.
This year the Air program has begun to use its new administrative penalty authority.
Through the third quarter, the Regions have issued 52 administrative penalty
complaints; 35 in the stationary source program and 17 in the asbestos D&R
program. Of the 35 stationary source cases, 17 were for violations related to
continuous emission monitoring requirements for petroleum refineries. Regions X
(14) and V (9) were responsible for the most of the 52 administrative penalty cases.
Summary of Significant Violator Activity
OAR reports that 553 significant violators have been addressed this year through
the third quarter. During the quarter 200 new violators were added to the list and
188 violators were addressed or removed from the existing list. As of the end of the
quarter, 424 significant violators were on the list of violators which needed to be
addressed.
OAR also reported the following FY 1992 statistics in regards to timely and
appropriate enforcement requirements:
256 SVs had been addressed within 150 days
76 SVs had been addressed within 151 to 365 days
79 SVs had been addressed beyond 365 days, and
160 SVs were unaddressed after 365 days.
Of the 160 SVs unaddressed after 365 days, 117 were in Region V and 16 were in
Region VI. No other Region had more than 8 SVs on that list. OAR also reported
that there had been 42 State to EPA lead changes through the third quarter.
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FY 1992 Third Quarter Progress Report
OE
OFFICE OF ENFORCEMENT
INTRODUCTION
The Office of Enforcement (OE) Strategic Plan is an operative guide for media-specific, cross-
program, and multi-media enforcement. Activities within OE's purview are being aimed toward
targeting compliance monitoring and enforcement resources to achieve environmental results,
screening for enforcement response in order to realize the full potential of enforcement
authority, and gaining maximum leverage from each individual enforcement action.
REGIONAL MULTI-MEDIA ENFORCEMENT ACTIVITIES
At the due date for third quarter reporting, only five regions had submitted third quarter multi-
media reports. The incomplete totals show that, through third quarter, the regions have
conducted over 220 multi-media inspections. The regions also report 12 multi-media referrals,
10 multi-media administrative actions, and 12 single media actions that included multi-media
settlements.
CIVIL ENFORCEMENT
CONSENT DECREE TRACKING AND FOLLOW-UP
Regions report that there were 768 active consent decrees at the end of third quarter, FY 1992.
Of these, the regions reported the status of 728 (94.8%) decrees and reported that the status
of 40 (5.2%) consent decrees was unknown or unreported. Of the 728 consent decrees with
known status: 599 (82.3%) were reported in compliance; 82 (11.3%) were in violation and had
an enforcement action taken; 37 (5.1%) were in violation and had a formal enforcement action
planned; and, 10 (1.4%) were in violation, but had no formal enforcement action planned or
deemed necessary.
CIVIL REFERRAL ACTIVITY
The regions referred 70 new cases directly to DOJ during third quarter bringing the year's total
of direct referrals to 158. Through third quarter, the regions referred four cases to
Headquarters (HQ), initiated 45 new pre-referral negotiation cases, and referred 12 new
consent decree enforcement cases.
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OE
FY 1992 Third Quarter Progress Report
FOLLOW-THROUGH ON ACTIVE CIVIL CASE DOCKET
There were 1,067 civil cases active (not concluded) at the start of FY 1992. The status of these
cases at the end of third quarter was as follows: 247 were pending at DOJ; 60 were returned
to the regions; 37 were concluded before filing; 576 were filed in court; and, 147 were
concluded after filing. Of the 1,067 active pre-FY 1992 cases, 293 have been ongoing for more
than two years since being filed.
New active FY 1992 civil cases are those cases referred to DOJ on or after October 1, 1991.
One hundred sixty-five civil cases have been referred to DOJ. The status of these case referrals
through the end of third quarter was as follows: 127 were pending at DOJ; 22 were filed in
court; 1 was concluded before filing and 14 were concluded after filing.
CRIMINAL ENFORCEMENT
NEW CRIMINAL REFERRAL ACTIVITY
There were 38 new criminal investigations opened during third quarter of FY 1992 bringing the
year to date total to 128. [At the end of third quarter one year ago, 107 new criminal
investigations had been opened.] Through third quarter, a total of 305 criminal investigations
remained open. The regions referred 30 new cases to HQ during third quarter (for a
cumulative total of 69 at the end of the quarter) and HQ referred 29 new cases to DOJ (for
a cumulative total of 66).
FOLLOW-THROUGH ON ACTIVE CRIMINAL CASE DOCKET
One hundred fifty-six criminal cases had been referred, but not closed, at the end of FY 1991.
The status of these pre-FY 1992 active criminal cases at the end of third quarter is as follows:
10 of the cases were under review at DOJ, 50 were undergoing grand jury investigation, 58 had
charges filed, 29 were closed following prosecution, and 9 were closed by DOJ without
prosecution.
Twenty-nine new criminal cases (referred during FY 1992) were referred to DOJ during third
quarter bringing the year to date total to 66. [At this point one year ago, a total of 42 new
criminal cases had been referred to DOJ.] At the end of third quarter, 15 cases were under
review at DOJ, 32 were undergoing a grand jury investigation, and charges had been filed in
13 of the cases.
OFFICE OF FEDERAL FACILITIES ENFORCEMENT (OFFE)
In second quarter (OFFE data is lagged one quarter), 301 federal facility inspections were
concluded and 74 violations were detected for a quarterly violation rate of 24.6%. Sixty-five
enforcement actions were taken against federal facilities during the quarter (26 in Region III).
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FY 1992 Third Quarter Progress Report
OGC
OFFICE OF GENERAL COUNSEL
INTRODUCTION
The Office of General Counsel (OGC) reports one measure in STARS; the measure expresses
workload and timeliness in the completion of legal (Red Border) evaluation and review.
RESPONSE TO RED BORDER REVIEW DOCUMENTS
OGC received 14 Red Border packages during third quarter, FY 1992. Of these, nine reviews
(64%) were completed within three weeks of receipt; three additional reviews (86% of total
packages received) were completed during the fourth week following receipt.
FY1992
1st Qtr.
2nd Qtr.
3rd Qtr.
4th Qtr.
FY
(total)
Regulatory
Packages
Received
18
18
14
50
Completed
within three
weeks (#/%)
8/44%
10/56%
9/64%
27/54%
Completed
within four
weeks (#/%)
12/67%
17/94%
12/86%
41/82%
Incomplete
after four
weeks (#)
6
1
2
9
Non
Concurrence
(#)
0
0
0
0
During third quarter, two Red Border Reviews ware delayed beyond the four week timeframe:
Regulations: Land Disposal Restrictions for Newly Listed Waste and Contaminated Soil -
Phase I and II (92-04-38FR & 92-05-11FR).
Comment: These packages were delayed because of the length and complexity of the
regulations coupled with a heavy workload.
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FY 1992 Third Quarter Progress Report
OPPTS
OFFICE OF PREVENTION, PESTICIDES, AND TOXIC SUBSTANCES
INTRODUCTION
The Office of Prevention, Pesticides and Toxic Substances (OPPTS) expresses priorities through
two distinct strategic plans: one for the Office of Pesticide Programs (OPP) and one for the
Office of Pollution Prevention and Toxics (OPPT); strategies specific to the Office of
Compliance Monitoring (OCM) currently are incorporated within the OPP and OPPT plans.
OPPTS is in the process of improving its strategic plans and, consequently, the measures the
Office reports in STARS.
OFFICE OF POLLUTION PREVENTION AND TOXICS
OPPT is focusing on four priority areas: the development and integration of multi-media
pollution prevention approaches to environmental protection; better utilization of the
authorities granted under the Toxic Substances Control Act (TSCA), coupled with a balanced
mix of regulatory and non-regulatory risk management approaches; more effective and efficient
sharing of toxics data and information inside and outside EPA; and, enhancement of regional
and state roles, especially in implementing present and future OPPT Second Generation
Chemical Programs (including the Toxic Release Inventory (TRI), the 33/50 Project, and,
possibly, components of the Lead Strategy).
EXISTING CHEMICALS (EC)
Under TSCA, OPPT ensures that chemicals in commerce do not present an "unreasonable risk
of injury to health or the environment." OPPT uses a Risk Management (RM) process to
evaluate the potential risk of existing chemicals and to decide how to reduce or eliminate risk
where it is found to exist.
The first stage of the Risk Management process (RM1) produced decisions to drop 13 cases
from the RM process [Alpha-Chlorohydrin, Butylatd Hydroxytoluene, 4-Chloro-2-Methylaniline,
3-Chloro-2-Methylpropene, DDE Resin, Diallyl Phthalate, 2,3-Dioxane, Feasibility of Carpet
Epidemiology Study, Sulfolane, Chlorinated Solvents, TRI (Alkyl/Alkoxy) Phosphates (TAPPS),
Diethylenetriamine (DETA), and Dioxolane] and to place Perchloroethylene into the RM2
queue (stage two of the RM process). In addition, Nonylphenol was placed on hold, pending
receipt of data, and a decision is pending on the Hydrazine Cluster.
NEW CHEMICALS
Authorized by TSCA, OPPTs objective is to review all new chemicals and apply risk
management as necessary to prevent unreasonable risk. During third quarter, OPPT received
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OPPTS
FY 1992 Third Quarter Progress Report
468 valid new chemical notices (517 notices were received in third quarter one year ago). Of
these, there were 393 Premanufacture Notices (PMNs), 75 exemption applications (i.e., 6
applications for polymer exemption, 45 for low volume exemption, and 24 for test market
exemption); there were no biotech notices. Sixty-five of the new chemical notices received were
targeted for regulatory review or action.
OPPT reports taking 355 control actions during third quarter: Section 5(e) Consent Orders
were issued for 8 PMNs (and modified or revoked for 3 others) and 18 PMNs were withdrawn
in the face of regulatory action. Three hundred twenty-six new chemical notices were dropped
from further review.
During third quarter, 315 of the PMNs received (80% of the total PMNs received) contained
voluntary reports on pollution prevention practices and activities.
STATE AND REGIONAL ENHANCEMENT
OPPT is seeking to increase state administrative capacity for current asbestos and PCB activities
(First Generation Chemical Programs). The program also will rely heavily on regional
involvement in implementing the Second Generation Chemical Programs.
Asbestos Abatement
These measures provide feedback on OPPT efforts to enhance worker safety by requiring
proper training and accreditation of personnel performing asbestos inspections and abatement
actions. Through course audits, regional representatives ensure that asbestos training programs
meet EPA Model Accreditation Plan criteria.
Currently, 48 states have some type of accreditation program for asbestos abatement
professionals. Twenty-nine of those states have accreditation programs which are fully approved
by EPA across all disciplines; eight additional states have programs which are partially approved
by EPA in one or more disciplines. Only Wyoming and Arizona have no accreditation
programs. These figures have not changed since second quarter.
Regions actively continue to encourage state participation in asbestos enforcement,
decentralization, and accreditation activities. While major successes have occurred in
developing asbestos accreditation programs, a barrier to full asbestos program decentralization
in a number of regions seems to be the unwillingness of states to incur major funding liabilities
for such programs coupled with limited and uncertain federal funding. In most states, a
comprehensive asbestos program would not be able to rely on penalty generated revenue since
these revenues are almost always funneled directly into a state general fund.
Regional 33/50 and TRI Activities
The objective of this narrative measure is to highlight regional 33/50 and TRI activities; every
region, except IV, reported activities in this area during third quarter. The following are some
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FY 1992 Third Quarter Progress Report OPPTS
of third quarter's highlights:
Region I has held three industry TRI workshops and has a number of additional workshops and
conferences on the calendar for later this year. A conference call with all six State 313 Coordinators
covered the logistics of Form R distribution after OMB approval. Region I staff continue to receive
inquiries on the 33/50 program which is promoted at every opportunity. A section on pollution
prevention and 33/50 is part of the TRI outreach workshops.
Region II held 12 Title III update seminars during third quarter. The Region also conducted two
TRI database training sessions.
Region III concentrated its efforts on industry outreach this quarter. Eighteen workshops, drawing
approximately 1400 participants, were conducted. 33/50 and pollution prevention presentations were
made at 10 of the 18 TRI workshops. The Region held a 33/50 meeting to update state and local
coordinators on company commitments.
Region V held 5 Form R Workshops, attended by 850 people from the regulated community. Ohio
received a TRI enforcement grant from the latest round of proposal submissions.
Region VI is conducting a monthly Form R training session open to the general public and industry.
The half-day training is usually attended by 30-40 environmental engineers, consultants, and clerical
people who fill out Form R. Region VI and the Region's states continue to pursue contact with
non-committed potential 33/50 companies. The Region has distributed 4000 plus 33/50 information
packets to local communities and special interest groups since January.
Region VII held six workshops on EPCRA 313 reporting in May; the workshops attracted
approximately 800 participants. All of the Region's states made presentations on their EPCRA
program at the workshops.
Region VIII conducted five industry workshops for approximately 440 manufacturers and
consultants. The Region made more than 500 Form R mailings and 600 information packet
mailings during third quarter. The Region has put together a list of 20 Region VIII programs which
have used or will use TRI data (the programs range from earthquake planning to industrial pre-
treatment).
Region IX held 19 TRI workshops this quarter, including three joint workshops with Arizona for
state and industry personnel on the new Form R. There are 178 companies with facilities or main
offices in the Region that have committed to the 33/50 Program; pledged reductions at these
facilities account for 57% of Region DCs 33/50 goal.
Region X made 33/50 and pollution prevention presentations at each of the eight industry TRI
workshops held during third quarter. States assisted in Form R distribution to the reporting
community and took some role in the industry workshops.
Regional Initiatives And Outreach Activities
This narrative measure provides regions an opportunity to highlight regional initiatives and
innovative regional projects. There are several highlights from third quarter:
Region I and the state of Rhode Island coordinated the First Northeast Regional Asbestos
Reciprocity Workshop on June 9 and 10, 1992. Asbestos Training Representatives from NY, NJ,
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OPPTS
FY 1992 Third Quarter Progress Report
and all Region I states were represented.
Region II is planning to conduct a multi-media environmental initiative for the Catano area in
Puerto Rico; it will address numerous local concerns, assess quality of the ambient environment,
establish a baseline for ambient air quality, and provide a multi-media risk screen for the area.
Region HI is working with HQ Public Data Branch to develop a Public Outreach Model with
Pennsylvania as a pilot; the pilot will produce a documented system that the State can use in
promoting and using TRI. The Region's Cross-Media Enforcement Task Force uses TRI data to
identify potential multi-media inspection targets; over a dozen target sites have been identified.
Region V has gathered information on the status of the in-house PCB phase-out programs of
approximately 70% of the utilities identified in the Great Lakes Basin. Representatives of interested
utilities met with the Region to discuss a voluntary phaseout program'. The resultant program will
be presented to ah1 Region V utilities within the Great Lakes Basin.
Region VTs Toxics Section PCB Group has developed and is distributing a guide aimed at building
owners, fire departments, electrical transformer owners and other users within the Region regarding
PCB transformers and the risk of fire.
Region VII conducted four PCB outreach presentations during third quarter.
Region VIII conducted multi-media inspections at three fuel oil refineries in North Dakota and
Colorado, a rubber processing plant in Utah, a steel fabrication shop, and a Metropolitan Water
Treatment facility.
Region DC is working on a geographic targeting program for facilities in "zones" of the greatest
concentration of Region IX TRI releases; the program will aim at source reduction for all TRI
chemicals within selected zones.
OFFICE OF PESTICIDE PROGRAMS
Risk reduction and pollution prevention are major strategies for OPP. OPP is focusing efforts
in four priority areas: food safety; safer pesticides; pesticide exposure and environmental
burden reductions; and, field operations. The program is also seeking to maximize productivity
across the board.
FOOD SAFETY AND SAFER PESTICIDES
Registration Activities
Registration activities measures focus on maximizing productivity to meet FIFRA statutory
mandates. These measures represent a significant portion of OPP HQ activities. During third
quarter of FY 1992, the following final decisions were made to register a new chemical or
biological, or to amend or add a new use for an existing chemical: 218 old chemical final
decisions were made against a target of 320; 1,015 amended registration applications were acted
on exceeding a target of 635; and, 11 new use application decisions were made against a target
of 8. No new active ingredients were registered during third quarter against a target of 2.
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FY 1992 Third Quarter Progress Report
Emergency Exemptions For Pesticides
OPPTS
An emergency exemption is granted by a federal or state agency if EPA determines that
emergency conditions exist (e.g., a pest outbreak is identified and an effective pesticide is not
registered for that use). During third quarter, OPP made 128 final decisions: 120 exemptions
(94%) were granted and 8 were denied. OPP has granted 195 (92% of the decisions made) and
denied 17 emergency exemptions applications so far during FY 1992.
Pesticide Tolerance Petitions
A tolerance petition decision applies to all requests for a tolerance level or exemption from
requirement of a tolerance level for pesticide residue in or-on raw agricultural commodities,
processed foods, or for minor uses. OPP made final decisions on 8 tolerance petitions against
a target of 13 during third quarter.
Pesticide Special Reviews
A Special Review is a review of an active ingredient for which data indicate a potential for
unreasonable adverse effects on public health or the environment. During third quarter, OPP
reports completing three special reviews; this brings FY 1992 reviews to six, against a
cumulative target of six.
METHYL BROMIDE
Negotiated settlement. In April, 1992, EPA, the State of California, and registrants agreed to interim label changes
for some fumigation uses of Methyl Bromide; the label changes will reduce exposure by requiring an adequate
amount of time for structure aeration following application,
ATRAZ1NE
Risk Reduction Negotiations. Negotiations are ongoing toward a final settlement on the application of Atrazine.
Meanwhile, an interim agreement was reached in April, 1992, on label amendments for the 1993 growing season.
AVIAN GRANULAR ANALYSIS
Notice of Availability (FR 57:22748). This notice (5/92) announced the availability of EPA's Comparative Analysis
of Acute Avian Risk from Granular Pesticides. The analysis describes EPA's screening methodology for acute lethal
risk to avian species from granular compounds that EPA believes may pose high risk to avian species.
REDUCING EXPOSURE AND ENVIRONMENTAL BURDEN
In 1988, the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) amendments
mandated an accelerated reregistration process for currently registered pesticides. This process
is to be carried out in five phases over a nine year period. OPP's reregistration activities are
an integral part of its strategic objectives: food safety, worker protection, reduction of
ecological risks, protection of ground water, protection of endangered species and their habitats,
and pollution prevention.
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OPPTS
Data-Call-ins (DCIs)
FY 1992 Third Quarter Progress Report
As part of the reregistration process, information submitted to support current registration of
pesticide chemical cases is reviewed for adequacy based on Pesticide Health Assessment
Guidelines. Inadequate submissions must be resubmitted to the Agency in response to a DCI.
During third quarter, OPP completed 9 DCIs bringing the year's total to 39 against a cumulative
target of 74; all 9 DCIs have been forwarded to registrants.
Reregistration Eligibility Decisions/Documents (REDs)
The reregistration process requires a determination of reregistration eligibility for each pesticide
chemical case that has satisfied all FIFRA, section 4(g)(2)(A) requirements addressing health
and ecological risk factors. At the end of third quarter the universe of cases requiring such
review was 401. Congress has mandated that all reviews be completed by the end of 1997; to
date, a total of 18 REDs have been issued.
During third quarter, OPP completed 4 REDs against a target of 6. The REDs were all from
List D: Allium Sativum, covering 1 chemical and 4 products; Putrescent Whole Egg Solids,
covering 1 chemical and 6 products; Citric Acid, covering 1 chemical and 3 products; and
Capsaisin, covering 1 chemical and 8 products.
FIELD OPERATIONS
A goal of OPP is to enhance regional, state, territorial, and tribal capacity. The primary
objective under this goal is to decentralize program activities that directly impact regions, states,
territories, and tribes. The program office and the regions have developed a series of activity
measures showing progress toward achieving this objective. These measures address worker
exposure, ground water protection, and certification and training programs.
Reducing Exposure And Environmental Burden
Successful implementation of regional and state programs relies on training. Regions report
the incorporation of new and updated training materials and competency standards for state,
territory, and tribe ground water, endangered species, and worker protection programs.
At the end of third quarter, regions reported that 49 states (plus the District of Columbia and
Puerto Rico), 2 territories, and 1 federally recognized tribe had applicator training programs
that include information on worker protection, endangered species, and ground water initiatives.
Measures reporting the number of worker protection programs submitted, approved, and
implemented are contingent upon publication of final worker protection standards. The
program plans to publish these new standards during FY 1992.
Pollution Prevention (Ground Water Protection*)
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FT 1992 Third Quarter Progress Report
OPPTS
All states, Puerto Rico, the District of Columbia, 5 territories, and 4 tribes are accepting federal
funds for ground water protection activities including aquifer vulnerability assessments and
outreach programs to industry and communities. At the end of third quarter, regions reported
that 47 states, 1 territory, and 8 federally recognized tribes were developing generic pesticide
and ground water management plans.
Measures reporting the number of ground water management plans submitted for review and
approved by EPA are contingent upon the issuance of the Pesticides State Management Plan
Guidance which is an element of the Pesticide and Ground Water Strategy.
OFFICE OF COMPLIANCE MONITORING
Through third quarter, FY 1992, the regions and headquarters settled 125 cases that had
environmentally beneficial expenditures (EBEs) included among the settlement conditions.
There were 64 TSCA cases, 52 EPCRA cases, and 9 FIFRA cases. The ratio of the cost to the
respondent versus the associated penalty reduction was approximately 8 to 1 for TSCA, 7 to 1
for EPCRA, and 2 to 1 for FIFRA. Of the 180 individual settlement terms identified as EBEs,
52 related to disposal activities and 49 related to source reduction (pollution prevention).
FEDERAL INSECTICIDE, FUNGICIDE, AND RODENTICIDE ACT (FIFRA)
Inspections And Compliance Levels (State data is lagged one quarter.)
Through second quarter of FY 1992, states completed 14,174 use and restricted use inspections.
They completed 144% of their state grant targets. At the end of second quarter, FY 1991, the
states had completed 147% of their state grant targets.
Through third quarter of FY 1992, Regions VII and VIII, each with non-delegated programs,
completed a total of 312 use and restricted use dealer inspections, achieving 151% of their
target.
Addressing Significant Noncompliance (SNO
Regions and Headquarters had a total of 202 FIFRA SNC violations that were either
unresolved entering FY 1992 or identified through third quarter of FY 1992. At the end of
third quarter, 51 cases were issued within 180 days and 151 issued beyond 180 days. Eighty-one
cases were closed by the end of third quarter, FY 1992.
[Note: All SNCs are listed together (current & previous years); there are no targets for SNCs.]
Enforcement Activity
The regions issued 226 FIFRA administrative complaints through third quarter of FY 1992.
Nine FIFRA criminal cases were referred to DOJ by the end of third quarter. Through third
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OPPTS
FY 1992 Third Quarter Progress Report
quarter of FY 1991, 187 administrative complaints had been issued and one civil and two
criminal cases had been referred to DOJ.
TOXIC SUBSTANCES CONTROL ACT (TSCA)
Inspections And Compliance Levels
Through third quarter of FY 1992, the regions and Headquarters completed 1,187 TSCA
compliance inspections; this is 102% of their third quarter target. States with inspection grants
conducted 1,440 inspections or 96% of their third quarter target. At this time in FY 1991, the
regions and Headquarters had completed 106% of their third quarter target and states with
inspection grants had completed 85% of their third quarter target.
Response To Significant Noncompliance
The regions and Headquarters had a total of 478 TSCA violations that were either unresolved
entering FY 1992 or identified through third quarter of FY 1992. At the end of third quarter,
126 actions were issued within 180 days and 352 issued beyond 180 days. One hundred twenty-
seven cases were closed by the end of third quarter, FY 1992. For federal facility SNCs, 27
violations were outstanding at the end of the third quarter; 13 were issued within 180 days and
14 beyond 180 days. Eleven cases were closed by the end of third quarter.
[Note: All SNCs are listed together (current & previous years); there are no targets for SNCs.]
Enforcement Activity
The regions issued 269 TSCA administrative complaints through third quarter of FY 1992
compared to 270 a year ago. One civil case was referred to DOJ through third quarter, FY
1992. Nine TSCA civil cases and one criminal case were referred to DOJ through third quarter
of FY 1991.
EMERGENCY PLANNING AND COMMUNITY RIGHT-TO-KNOW ACT (EPCRA)
Inspections And Compliance Levels
Through third quarter of FY 1992, the regions completed 523 EPCRA inspections or 120% of
their third quarter target. Through third quarter of FY 1991, the regions completed 102% of
their target.
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FY 1992 Third Quarter Progress Report
Response To Significant Noncompliance
OPPTS
The regions and Headquarters had a total of 270 EPCRA SNC violations that were either
unresolved entering FY 1992 or identified through the end of third quarter. At the end of third
quarter, 89 cases were issued within 180 days and 181 issued beyond 180 days. One hundred
nine cases were closed by the end of third quarter.
Enforcement Activity
One hundred four EPCRA administrative complaints were issued by the regions through third
quarter of FY 1992 and 126 were issued through third quarter of FY 1991. No civil or criminal
EPCRA cases have been issued in FY 1992 and none were issued over the same period last
year.
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FY 1992 Third Quarter Progress Report OSWER
OFFICE OF SOLID WASTE AND EMERGENCY RESPONSE
INTRODUCTION
OSWER's mission is to protect human health and the environment from unacceptable
risks posed by solid and hazardous wastes as well as the release of oil and chemicals into
the environment.
OSWER's FY 1992-1995 Strategic Plan outlines four major program objectives to
accomplish this:
1. Minimize the quantity and toxicity of waste created by commercial, domestic, and
governmental activities;
2. Ensure environmentally sound management of solid and hazardous wastes;
3. Prevent harmful releases of oil and hazardous substances into the environment; and
4. Prepare for and respond in a timely and effective manner to releases of hazardous
materials into the environment.
This report organizes OSWER's progress by environmental problem area:
Solid Waste,
Hazardous Waste,
Superfund,
Accidental Releases, and
Ofl,
with associated goals and objectives from the OSWER Strategic Plan.
SOLID WASTE
MINIMIZE THE QUANTITY AND TOXICITY OF WASTE
Increase Markets for Recycled Products
Federal agency purchases of recycled products can stimulate the markets for recycled
goods throughout the nation. The Agency has developed guidelines for Headquarters
and regions to develop plans for increasing federal procurement of recycled materials. All
regions were requested to develop these plans.
Last year, five regions (III, IV, VI, VIII, and IX) published plans to implement
procurement of recycled products.
Regions IV and VIII are the first to report accomplishments toward their "buy
recycled products" goals in their implementation plans through:
1) active regional procurement of recycled products, and
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OSWER FY 1992 Third Quarter Progress Report
2) strong outreach programs to other federal agencies and the private sector
within their regions,
Headquarters and regions participated in the federal "Buy Recycled Products"
trade fair in June in Washington D.C. which attracted over 2,000 participants.
ENVIRONMENTALLY SOUND MANAGEMENT
Proper Management of Municipal Waste
The Solid Waste Disposal Facility Criteria setting forth revised federal standards for
municipal solid waste landfills were promulgated on October 9,1991. The revised federal
standards concern location, design and operating standards, 'ground water monitoring and
corrective action, closure and post-closure care, and financial assurance requirements to
apply to all such landfills after October 9,1993.
Four states and their regions (Connecticut and Region I, Virginia and Region in,
Wisconsin and Region V, California and Region IX) volunteered to participate in a
pilot State/Tribal Implementation Rule (STIR) project to provide greater flexibility
in developing and reviewing state municipal solid waste program applications.
In addition, seminars were held in all 10 regions to provide training to states and
tribes on flexibility to address technical issues on a site-by-site basis.
This quarter, Virginia (from the STIR pilot states) and Kentucky are the first two
states to submit applications for determination of adequacy of their municipal solid
waste landfill permit programs.
HAZARDOUS WASTE
ENVIRONMENTALLY SOUND MANAGEMENT
More Effective and Rational Resource Conservation and Recovery Act fRCRA) Subtitle
C Program
State Authorizations
The Agency authorizes states to manage hazardous waste programs to increase the
effectiveness of these state programs.
California was finally authorized for the RCRA Base program. This program, under
which the states and territories issue operating permits and approve closure plans
and post-closure permits, now covers 50 out of the 56 states and territories.
More than half (31) of the states and territories are authorized for the RCRA Mixed
Waste program, which covers other types of wastes mixed in with hazardous.
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FY 1992 Third Quarter Progress Report
OSWER
A total of 13 states are authorized for the RCRA Corrective Action program which
gives states and territories authority to remediate hazardous waste facilities so they
meet sound operating standards. Five states newly authorized this quarter (New
York, North Carolina, Arkansas, Wisconsin, and Nevada) join eight other stales (ID,
UT, CO, TX, MN, IL, G A, SD) previously authorized.
Nationwide, states are authorized to implement 43% of RCRA Subtitle C rules, up
from 34% last quarter. As this increases, states assume more responsibility for
sound management of hazardous wastes.
Permitting and Closure
For a universe of about 5,200 facilities, the regions and states:
Issued 54 permits (denying eight) and 27 permit modifications (denying two).
Approved closure plans of 113 facilities, and certified closure for 131 facilities.
Reported Part B Applications for post-closure permits were called in for 46 land
disposal facilities; issued public notice of intent to approve/deny post-closure
permits for nine closed facilities, and issued 21 (of 30 targeted) final post-closure
permit determinations.
Ranked 2,300 facilities (exceeding their target of 1,621) for environmental priority
(high, medium, low) out of almost 2,600 targeted for the year. Ranking helps
identify those high environmental priority facilities which first need attention.
Corrective Action
About 80% of the 5,200 RCRA facilities need corrective action. This year about 2,200
are targeted to be prioritized (high, medium, low) under the National Corrective Action
Prioritization System to determine the priority for remediating these facilities. Through
third quarter, the regions:
Prioritized 1,829 facilities (exceeding their target of 1,728), on the way to meeting
their end-of-year target of 2,163.
Completed environmental priority assessments for 75 facilities to determine the
priority, type and timing of corrective actions.
Evaluated 588 facilities (more than double the 248 targeted) for stabilization
measures which provide quick response to stabilize emergency situations at
facilities needing corrective action.
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OSWER
FY 1992 Third Quarter Progress Report
Maximize the Efficacy of f he Enforrampnt Proeram
Enforcement Strategy
To date, OSWER's strategy has been to
maintain a strong base enforcement
program. As the regulated universe
becomes larger, more sophisticated
approaches are needed to gain the
maximum leverage from each
enforcement action. Specific segments
of the regulated community, or specific
types of violations of regulatory
requirements, are targeted for
enforcement in FY 1992, and will be
coordinated nationally among EPA
regions, the states and the Department
of Justice (DOJ).
RCRA ENFORCEMENT STRATEGY
Maintain Strong Base Program through:
Routine inspection schemes;
Timely and appropriate enforcement response; and
Addressing significant noncompliers.
Use Additional Measures such as:
Targeting environmental problems which may
not be addressed through current regulatory,
statutory, or organizational framework; and
Applying existing authorities to geographic
targets in a more concerted manner to maximize
environmental improvements.
Inspections
During the first three quarters, EPA and the states together inspected (and exceeded their
targets as they did last year):
747 land disposal facilities (139% of their target of 539);
1,059 treatment, storage and disposal facilities (144% of the target of 734);
225 federal, state and locally owned/operated treatment, storage and disposal
facilities (110% of the target of 205); and
4,054 hazardous waste generators as a first step for the enforcement program to
provide pollution prevention technical assistance to generators.
Addressing Significant Noncompliance (SNO
At the end of the third quarter, the RCRA program reported:
706 handlers in SNC that are High Priority Violators, having been addressed by a
formal enforcement action but not returning to full compliance; and
534 handlers in SNC which have not had a formal enforcement action within 135
days of an inspection, record review or other compliance monitoring event.
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FY 1992 Third Quarter Progress Report
OSWER
Return to Compliance
There were about 1,700 facilities in SNC at the end-of-year FY 1991. Of the faculties in
SNC at the beginning-of-year FY 1992 as a result of an inspection, record review, or other
compliance monitoring event conducted prior to October 1,1988, at the end of the third
quarter:
Six handlers returned to compliance without a formal enforcement action;
Seven SNCS had a formal enforcement action and had returned to compliance with
all violations which caused them be in SNC; and
Twenty-five facilities were currently undergoing legal proceedings.
Enforcement Activity
During the first three quarters, EPA:
Referred 22 RCRA civil cases to the DOJ (compared to 15 civil cases last year);
Referred 32 criminal cases to the Office of Criminal Enforcement; and
Referred 32 criminal cases to the DOJ;
For the first three quarters, the states:
Reported four criminal actions; and
Reported 60 civil actions.
EPA and the states together issued 1,129 formal administrative actions (compared to 1,174
this time last year.)
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OSWER
FY 1992 Third Quarter Progress Report
SUPERFUND
ENVIRONMENTALLY SOUND MANAGEMENT
Make greater use of innovative technology for site remediation and corrective action.
An integral part of all of OSWER's programs is the increasing application of innovative
technologies for source control and ground water remediation, providing more options for
greater effectiveness at lower costs. Efforts focus on improving the process by which
innovative technologies are developed, evaluated, selected, marketed, and implemented.
One sit, in the Remedial Investigation/Feasibility Study (RI/FS) stage in Region V,
was nominated as a location for demonstration projects under the Superfund
Innovative Technology Evaluation program.
* There are 210 innovative technologies at 164 Superfund remedial sites, and 18
technologies at 15 removal sites. Innovative technologies often reduce the time
and cost for cleaning up sites.
The new Vendor Information System for Innovative Treatment Technologies details
information on 155 technologies offered by 97 vendors. It is readily accessible to
interested parties by disk to provide current information on availability,
performance and cost of innovative treatment to remediate contaminated
hazardous waste sites. The first VISITT bulletin in June 1992 listed the types of
innovative technologies for ground water, soil, sludge, or sediments, and the
companies providing them.
Ensure the long-term effectiveness of response actions under Superfund.
The Superfund Amendments and Reauthorization Act (SARA) of 1986 increased the
emphasis on designing long-term cleanup solutions for Superfund sites. Superfund's
strategy includes greater emphasis on improved technologies and technology transfer, and
better evaluations of the remedies used. Through third quarter, the regions:
Completed 48 final remedial actions
(RAs) at sites, against the national end-
of-year target of 77 (target increased
during this quarter).
Made 100 National Priority List site
completions through third quarter
against the 1991 Superfund "30-Day
Study" target of 130 sites nationally
by the end of FY 1992. Superfund
must complete an additional 200 sites
by the end of FY 1993.
NPL SITE COMPLETIONS
Prior to this year, 63 sites had been completed.
"Site completion" occurs when the National
Contingency Plan criteria for deletion have been
met, or that the only activity remaining is
performance monitoring. STARS also tracks
Remedial Action (RA) completions, but because
there may be multiple RAs at a single site, this
does not indicate site completion.
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FY 1992 Third Quarter Progress Report
OSWER
PREPARE FOR AND RESPOND TO HAZARDOUS RELEASES
Better integrate OSWER's cleanup programs,
OSWER will work to integrate the relevant aspects of the Agency's cleanup programs,
such as Superfund, the Oil Pollution Act, RCRA's subtitles, and parts of the Clean Water
Act, to increase the efficiency and effectiveness of cleanup. ByFY 94, OSWER will:
Develop integrated technical training programs,
Develop Comprehensive Emergency Response, Compensation and Liability Act
(CERCLA)/ RCRA strategy and policy for lead-in-soil cleanups, and
Complete the Environmental Priorities Initiative (EPI). Under EPI, Superfund
monies are used to pay for Preliminary Assessments (PAs) at RCRA facilities.
The regions reported completing 248 PAs under the EPI. Over half (down from
three-fourths last quarter) of the completed PAs were in Regions III (with old mines
and industries) and IX (with new aerospace and chemical industries).
Improve identification and remediation of hazardous and petroleum waste sites.
As the cleanup programs continue to
develop, OSWER will seek to address the
highest risks first, reduce the time from site
identification to effective response, and
reduce costs in order to address more sites.
The strategies to implement improvements
are broad and aggressive.
Traditionally only the numbers of activities
have been tracked; OSWER now tracks the
timeliness of certain pipeline activities in
STARS.
30-DAY STUDY RECOMMENDATIONS
The changes recommended in the 30-Day Study are
intended to speed the completion of site cleanups.
Key among the recommendations are:
- standardized solutions for cleanup investigations,
remedy designs, and enforcement activities;
- higher priority on resolving conflicts between
EPA, DOJ, the states, and other parties;
- improved public communication of Superfund
accomplishments;
- modifications to the requirements for deleting sites
from the NPL; and
- an aggressive targeting strategy for site
completions.
Third quarter Superfund activity summary:
PIPELINE STAGE
Site Investigations
RI/FS + Removals
ROOs
RD Completions
RA Starts
RA Completions
Site Completions
Q3
Target
621
18
88
73
51
44
--
Q3
Actual
689
17
42
72
40
48
100
EOY
Target
1,044
34
126
123
83
77
130
Q3One
Year Ago
1,568
33
74
62
20
27
63'
Comments
Target surpassed tor several years
Often a bottleneck
Activity consistent with previous quarters
There may be more than one RA per site
* at end-of-year FY 91
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FY 1992 Third Quarter Progress Report
QUARTERS SNCESTAOTSGFfESreNSKU PARTY SEARCH
This segment of the enforcement timeline
illustrates the generic schedule of remedial and
enforcement activities against which current
activity may be compared. Due to space
limitations, some stages of the process have been
omitted. From the Enforcement Project
Management Handbook, OSWER, 1989.
Timeliness of Response
One of OSWER's objectives is to move sites
efficiently from remedy selection to response. For
the first time, STARS tracks the timeliness of
certain Superfund activities, providing key
information about efforts to continually improve
the speed of remedial response development. The
Regions reported in third quarter that, on average
it took:
3.7 quarters from Record Of Decision
(ROD) to Remedial Design (RD) start,
essentially unchanged since first quarter;
and
10.4 quarters from ROD to Remedial Action
(RA), gradually rising since first quarter.
Superfund does not report the duration of RD activities or report to STARS a Regional
breakdown of durations.
Enhance state capabilities to clean up hazardous and petroleum waste sites.
The Superfund program has been building toward developing state-run programs so that
more sites can be addressed sooner.
Over the next five years, OSWER will enhance state capabilities by establishing the
Agency's position on the state role under CERCLA and improving cooperation
and exchanges with the states.
Success measures listed in OSWER's strategic plan include an increasing number
of state-conducted non-NPL responses and increases in the amount of
contaminated media managed by the states. No STARS measures track progress of
Superfund state capabilities.
Increase Cleanups at Federal Facilities
PRELIMINARY ASSESSMENTS AT FEDERAL FACILITIES
In January 1991, a federal court ruled that EPA had until July 1992 to complete PAs at
federal facilities, and one year after that to determine whether any of the sites should be placed
on the NFL. As of February 1991, this included about 50 facilities. Due to reductions of
OSWER measures reduction, PAs are no longer tracked in STARS.
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FY 1992 Third Quarter Progress Report
Maximize the Efficacy of the Enforcement Program
OSWER
RD/RA Settlements
During the first three quarters, the regions:
Referred 31 consent decree under
§106, 107 & 122(d) for Principal
Responsible Parties (PRPs) to conduct
or pay for RD/RA;
Issued 27 §106 Unilateral
Administrative Orders (UAOs) for
RD/RA , bringing the total number of
RD/RA settlements to 58 (against a
target of 47).
Made one §106 or §106/107
injunctive referral to compel PRPs to
conduct RD/RA (without settlement).
Issued one §106 UAO to compel
PRPS to conduct Remedial Design/
Remedial Action (without settlement).
SUPERFUND ENFORCEMENT STRATEGY
Use enforcement authorities to compel PRPs
to participate in the Superfund process;
Manage the RD/RA negotiation process
within the timeframes established under
§122;
Maximize cost recovery to the Trust Fund
and working toward achieving the
Management by Objective Goal of $300
million in FY 1993;
Use RD/RA settlement tools, including
unilateral administrative orders, de minimis
and mixed funding settlements;
Referral of treble damage cases, referral of
cases against non-settlors and penalty
authorities; and
dose inter-agency and intra-agency
coordination in the settlement process.
Information Request Orders/Removals
Two §104 (e) (5) orders were issued or cases referred to compel PRPs to comply
with information requests.
Seventy-seven orders (Administrative Orders on Consent and UAOs) were issued
under §104, 106 and 122 for PRPS to conduct removal actions and/or RI/FS.
Regions III and V had 22 and 14 orders, respectively.
RD/RA Negotiations Process
The average time for ROD-to-RD/RA negotiation completion was 23 quarters at the end
of the third quarter, compared to 24 quarters at the end of the second quarter.
Cost Recovery Referrals
During the first three quarters, there were 30 §107 or 106/107 judicial referrals
(greater than or equal to $200,000) for Fund-financed removals, RI/FS, RD or RA
(against a target of 38).
The dollar value of cost recovery settlements this year to date was $49 million.
Office of Enforcement Docket
Through the third quarter, there were 31 CERCLA §107 cost recovery referrals to DOJ,
including those less than $200,000 and/or those involving proof of claim bankruptcy
issues; 25 §106/107 referrals, and 72 CERCLA civil referrals, compared to 87 for the same
period last year.
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OSWER
FY 1992 Third Quarter Progress Report
ACCIDENTAL RELEASES
PREVENT HARMFUL RELEASES
Improve release prevention practices and technologies.
OSWER's strategy is to collect and share information regarding accident prevention and
to provide stakeholder support. The Chemical Emergency Preparedness and Prevention
Office (CEPPO) will identify and use the most effective communication means, and work
with state and local emergency agencies to identify and implement their responsibilities
and to enhance their capabilities. OSWER will develop ways to measure the success of
these risk management programs. Through third quarter, the regions reported:
1,024 Accidental Release Information Program (ARIP) questionnaires sent out to
facilities with substance releases, and
896 ARIP questionnaires returned (half of these were in Region VI). These
questionnaires are reasonably thorough in dealing with substance releases. This
level of national activity is comparable to that of previous quarters.
Twenty-two chemical safety audits conducted in response to ARIP questionnaire
information.
Reduce the number of catastrophic or harmful releases of oil and hazardous substances.
particularly to high risk/high volume locations.
Under SARA Title III, OSWER will work with
states and Local Emergency Planning
Commissions (LEPCs) to focus on high
risk/volume locations, to identify and develop
profiles for environmentally critical or high-
value areas, and to work with states to identify
financial incentives for industry to prevent
releases. Potential measures of success include
continuous reductions of hazardous substance
releases and declines in environmental damage.
Emergency planning technical assistance occurred In
some areas where violations have been Identified.
ry* Regions identifying at least 10% of violators
" inFY90andFY91*
^'Regions providing at toast 10% of national total
of technical assistance in second quarter.'*
Through third quarter the regions conducted
97 after-incident evaluations (exceeding their
end-of-year target of 73), with one-third of
these in Region III alone. Regions also
investigated 727 potential violations (more
than double their end-of-year target of 317 ),
with 40% of these in Regions II and IV. They
referred 93 administrative penalty complaints
(exceeding their target of 54) and 52
administrative non-penalty orders to the
Offices of Regional Counsel.
Under CERCLA «nd EPCRA.
FYBO*ndfl1vtolM8rdM«.
* OSWER-40, Q9FY82 (UUL
In FY 90, OSWER reported lhat a total of 147
accidental releases -- violations of CERCLA and
EPCRA » were identified. In FY 91, a total of
647 violations were identified. OSWER stopped
tracking violations identified in STARS in FY 92.
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FY 1992 Third Quarter Progress Report
PREPARE FOR AND RESPOND TO HAZARDOUS RELEASES
OSWER
Improve the preparedness of federal, state, and local entities |Q respond to releases of
petroleum and hazardous material into the environment.
Under Title III of SARA, states and communities are responsible for developing and
implementing emergency response programs. EPA's role is to support state and local
programs by providing technical assistance and training, by developing and testing
federal response plans, by collecting and making available information regarding
emergency responses, and by taking enforcement actions to increase compliance with
CERCLA and EPCRA.
* Regions provided 527 technical assistance and training activities (exceeding their
end-of-year target of 370).
Region IV carried out 20% of these technical assistance and training activities.
OIL
PREPARE FOR AND RESPOND TO HAZARDOUS RELEASES
Improve Identification and Remediation of Petroleum Underground Storage Tanks
Since the start of the program in 1986, the cumulative number of confirmed releases at
sites nationally is 166,769, growing about 10,000 per quarter. To date, Regions report the
cumulative number of:
Leaking underground storage tank (LUST) site cleanups initiated is 112,498 (67%
of the sites with confirmed releases). Emergency responses to leaking underground
storage tanks and tank closures has increased, despite a decline in LUST trust fund
monies to the states the last two years.
Cleanups completed at sites is 43,523 (26% of the sites with confirmed releases,
39% of the cleanups initiated).
Enhance State Capabilities to Cleanup Hazardous & Petroleum Waste Sites
All states and territories currently implement state UST/LUST programs. Of these:
Eleven (including Massachusetts, Louisiana and Oklahoma) have submitted
completed applications for EPA approval of state programs meeting national
financial and technical standards; and
Eight have EPA approval: Maine and Maryland were approved this quarter, joining
North Dakota and Vermont earlier in FY 1992; and Mississippi, Georgia, New
Hampshire and New Mexico approved in the previous two years.
Leak Detection Compliance
Several leak detection identification and compliance workshops have been held in states,
with field practice of inspecting USTs for leaks, and giving out on-the-spot notifications.
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FY 1992 Third Quarter Progress Report
OW
OFFICE OF WATER
INTRODUCTION
The mission of the Office of Water (OW) is to restore, protect and enhance the natural
values and uses of the nation's waters as healthy, sustainable ecological systems,
recreational resources, and sources of food and drinking water. The following links
program priorities as expressed in the draft FY 1994-1997 strategic plan, "The Water
Planet HI," and the FY 1992 Agency Operating Guidance. (AOG) with activity measures
tracked in STARS. Each of the five categories of water resources, goals, objectives and
strategies are outlined along with FY 1992 performance expectations. Third quarter
performance numbers indicate whether expectations for the year are being met.
RIVERS, STREAMS, AND LAKES
The goal for these natural resources is to fully support aquatic life and wildlife uses, fish
consumption uses, recreation uses and where appropriate, water supply uses. Objectives
are to increase the percentage of waters fully supporting aquatic life uses in targeted
waters; to reduce pollutants in targeted waters; to reduce and ultimately eliminate the
discharge of bioaccumulative pollutants; and to improve the quality and consistency of
fishing bans and advisories. Strategies are to target pollution prevention and control
activities based on sound science and technical information; to use the traditional tools of
the base program, such as permitting, criteria and standards development, effluent
guidelines development and enforcement in targeted areas; to develop new tools; and to
implement the nonpoint source control program. As described below, some of the most
important activities in support of these objectives are tracked in STARS for FY 1992.
POINT SOURCES
NPDES Permits
The National Pollutant Discharge Elimination System (NPDES) permit program is the key
regulatory tool for limiting point source discharges. Originally designed to control
conventional pollutants, the program now also limits toxics and combined sewer
overflows. STARS tracks major permits reissued by EPA and the 39 delegated states, and
permits reissued or modified with water quality-based limits for toxics. NPDES permit
limits ensure that a discharge does not violate state water quality standards and therefore
protects against adverse impacts to aquatic life and human health.
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FY 1992 Third Quarter Progress Report
Through this quarter, EPA reissued 141
major permits and the delegated states
reissued 400. Notable performance
shortfalls for this quarter are in Regions I, II,
and X, as illustrated below, and are
attributed to a variety of problems at the
state level. Region V has no third quarter
target, but has re-permitted less than 18% of
its end of year target. These levels of
reissuance indicate that end of year targets
(345 for EPA and 1,119 for states) may not
be met.
Some Regions and States may need to focus extra
attention on meeting their end-of-year target, for
NPDES Permits Reissuanoe.
30fr|
5 ;!l
8 200
V
" ISO
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BDBBD EPASUte P«rtomun»
- Y*wEndT«gM
La
I II III IV
VI VII VIII IX
Water Quality-Based Permits
Major and minor water quality-based permits issued numbered 357 through this quarter;
last year 619 were issued through the third quarter. The lower numbers may be due to a
lack of reporting.
NPDES Enforcement
FY 1992 enforcement objectives for the NPDES program include completing a high level
of inspections to identify compliance problems, effectively enforcing the pretreatment
program through state referrals, and maintaining high levels of compliance utilizing the
SNC (Significant Non Compilers) / Exception reporting and enforcement process.
Inspections reported through the end of the third quarter indicate that 4,487 permitees
were inspected, exceeding the national target of 3,884. Of the 7,202 total major NPDES
facilities, 661 or 9% were in SNC during the third quarter. At this time last year, 747 or
11% of the majors were in SNC.
Last quarter's exceptions list contained 110 major facilities. During the third quarter, 51
returned to compliance, and 20 were subject to enforcement action. The remaining 38
unresolved facilities plus 57 new SNCs added as exceptions during the quarter constitute
the pending balance of 95 facilities.
Through the third quarter, EPA issued 1,051 administrative compliance orders, including
56 for failure to implement a pretreatment program and 135 proposed penalty orders for
NPDES violations. Federal civil actions included 21 referrals to the Department of Justice.
States issued 1,119 orders, including 256 penalty orders. These numbers reflect a decrease
in Federal and an increase in State activity over last years third quarter numbers, when
1,181 EPA and 866 state orders were issued. State civil actions included 88 referrals to
their State Attorneys General (49 by Region VII), 20 filed in State court, and 77 concluded
cases.
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FY 1992 Third Quarter Progress Report
OW
Construction Grants & State Revolving Funds
The construction grant process tracked in STARS begins with outlays. In the third
quarter of FY 1992, Agency-wide net outlays for grants and SRF were 93% of target.
Outlays in each region were at least 79% of target. A new measure was added this year to
track the number of construction grant programs
showing environmental results. A project is
considered to have begun to achieve
environmental results when it initiates operations.
In the third quarter, 88% of the target was met,
compared to 61% and 89% in first and second
quarter respectively.
1 Tracked In STARS
Construction Grant Process
Obligation Of Futdi
Engineering Design (1-2 yean'
' . Net Outlay* for SRF A Construction Grams
Construction (3-5 yean)
Environmental Results/ Initiate Operation
Audit and Audit Resolution
The 1987 Clean Water Act (CWA) Amendments
provided no additional construction grant
program funding after FY 1990. In response, the
Agency developed a national strategy to
administratively complete all construction grant
projects by the end of FY 1995 and to close out
all grants by the end of FY 1997. The next steps
are a possible audit, audit resolution, and project closeout.
Through the third quarter, administrative completions were 81 % of target, down from last
quarter's 85%. Project closeout, the final step in phasing out the program, is dependent
on a complex process, including completion of an OIG audit, resolution of debt issues, and
issuance of a closeout letter. Project closeouts continued the fast pace established last
year. 757 projects were closed out against a third target of 552. The program is therefore
well set to meet the fourth quarter target of 778.
Pretreatment Audits and Inspections
Pretreatment programs assure that Publicly
Owned Treatment Works enforce controls to
protect health and the environment from
conventional, hazardous, and toxic
pollutants. An audit or inspection is
performed every year at 1,456 sites.
Nationally, audit performance is above
target levels for both EPA and states. EPA
and state work on inspections is around 83%
of target. Regions I, III, and X inspection
activity continue to lag for a third quarter well below target.
Storm Water
I. til, and x may not tx able to m»«t tn«ir EOY
Commitments for POTW Pr«freatm»nt Inspections
The "National Water Quality Inventory, 1990 Report to Congress" provides a general
assessment of water quality based on biennial reports submitted by the states. The report
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FY 1992 Third Quarter Progress Report
indicates that roughly 30% of identified cases of water quality impairment are attributable
to storm water discharges. In addition, OW's strategic plan states that pollutants in storm
water discharges are leading causes of impairments to coastal and inland waters.
Over 100,000 industrial facilities and 220,000 municipalities are subject to EPA initial
permit requirements for storm water discharges. These permits will provide a mechanism
for monitoring the discharge of pollutants to waters of the United States and for
establishing source controls where necessary. Industrial facilities are given a choice of
three permit application options: individual, group or general permits. Municipalities must
submit two-part applications; Part One includes information regarding existing programs,
the means available to the municipality to control pollutants, and a field screening
analysis of major outfalls to detect illicit connections. Part Two requires quantitative data
and a description of proposed storm water management plans.
In FT 1992, STARS will track the number of baseline general permits issued for industrial
sources of storm water discharges and the number of Part One permit applications
submitted for municipal sources. Reporting for this new measure is still somewhat
experimental. No baseline permits for industrial stormwater were issued this quarter.
Eighty-four Part One applications were submitted, up from 34 applications last quarter.
NONPOINT SOURCES
Agricultural runoff is the largest single source of impairment to the Nation's rivers and
streams. The Global Tomorrow Coalition is cited in the OW strategic plan as declaring that
nonpoint source pollution causes economic losses estimated at $3.6 billion/year. The
Strategic Plan outlines several activities with regard to nonpoint source control, but
STARS measures are limited to reporting in fourth quarter the number of waterbodies
targeted for total maximum daily load development (including NPS factors) and the
percentage of state priority waterbodies with nonpoint source control programs in place.
WATER QUALITY PLANNING, STANDARDS, AND ASSESSMENT
OW's fundamental strategic underpinning across all major resource areas is the
development of a solid scientific and technical foundation for decision-making. STARS
currently tracks two priority activities which reflect the implementation of water pollution
control criteria: toxcis criteria and triennial reviews. Data are reported second and fourth
quarter.
Toxics Criteria
Section 303(c)(2)(B) of the CWA, as amended, requires that whenever a state reviews
water quality standards in accordance with §303(c)(l), the state must adopt numeric
criteria into water quality standards for §307(a) priority pollutants that could be
reasonably expected to interfere with designated uses. Full compliance was mandated for
FY 1991. To date, 38 states and 5 territories (American Samoa, Guam, Palau, Virgin
Islands, and the Commonwealth of Northern Mariana Islands) are in full compliance for
aquatic life and human criteria. EPA will promulgate federal water quality criteria for
states not in compliance; at present, there are 15 such states and territories.
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FY 1992 Third Quarter Progress Report
OW
Triennial Review
The emphasis of these reviews is the reduction of ecological risk in critical surface
waterbodies. The requirements are designed to enhance the ability of states to adopt
water quality standards that will reduce risks facing aquatic resources, particularly from
nonpoint sources, combined sewer overflows and storm water runoff. The critical water
bodies targeted include wetlands and coastal/estuarine waters, but also may include lakes,
streams and rivers. Twenty states are targeted to complete triennial reviews for the FY
1991-1993 cycle. To date four states and one territory (Connecticut, Wisconsin, Arkansas,
Oregon, and Commonwealth of Northern Mariana Islands) completed triennial reviews.
Twelve states are targeted for fourth quarter.
COASTAL AND MARINE
For coastal and marine resources, OW's goal is to restore, protect and enhance the
Nation's waters to sustain living resources, protect human health and the food supply,
and recover full recreational uses of shores, beaches and coastal waters. Program
objectives include: increase the percentage of waters fully supporting aquatic life; reduce
the amount of pollutants discharged; decrease the temporal and spatial extent of hypoxia
and anoxic dead zones; increase the number of waters fully supporting recreational use;
and reducing the amount of debris in the marine environment. While acknowledging that
base programs must be maintained in order to sustain present levels of coastal and marine
protection, the Strategic Plan emphasizes the need for risk-based resource targeting. OW
will work with state and local governments to identify high risk areas and environmental
land use planning options, and to apply pollution prevention principles. OW is forging a
new leadership role vis-a-vis the states and localities, encouraging non-federal
implementation of comprehensive programs. OW strategies tracked in STARS are limited
to the NEP and ocean dumping efforts.
NATIONAL ESTUARY PROGRAM (NEP)
The NEP assists state and local implementation of
Comprehensive Conservation and Management Plans
(CCMPs), which outline recommendations critical to
improving or preserving the environmental integrity of the
17 targeted estuaries. The development of a CCMP has four
phases: 1) creating a decision making framework through
involvement of all stakeholders; 2) characterizing the
estuary's priority problems and their probable causes; 3)
CCMP development; and 4) CCMP implementation.
STARS tracks the development phase of the CCMP. As of
January 1992, final CCMPs have been approved for Puget
Sound and Buzzards Bay. For FY 1992, the program office
expects to complete three draft and one more final CCMP
(Narragansett Bay). The Narragansett Bay draft CCMP was
completed last quarter.
17 Management Conferences of
the NEP
Puget Sound - Final Completed FY 1991
Buzzards Bay - Final Completed FY 1992
Narragansett
Bay - Draft Completed FY 1992
San Francisco Bay
Long Island Sound
Albemerfe-Pamlico Sounds
New York-New Jersey Harbor
Delaware Inland Bays
Santa Monica Bay
Sarasota Bay
Gafveston Bay
Delaware Bay
Casco Bay
Massachusetts Bays
Indian River Lagoon
Tampa Bay
Barataria-Terrebonne Bays
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FY 1992 Third Quarter Progress Report
OCEAN DUMPING
OW identified ocean dumping of dredged material as a risk to coastal water quality in their
strategic plan. STARS tracks the number of environmental impact statements and the
number of final actions. EPA takes final action in order to determine if the site will be
designated or not for ocean dumping. In FY 1991, EPA committed to 10 final actions and
completed four; in FY 1992, there is a commitment to six final actions, one of which was
completed in the second quarter, no final actions were targeted for third quarter. To date,
76 ocean dumping sites out of an original list of 147 sites have been designated on a final
basis in 18 states in the seven coastal regions. Puerto Rico,.American Samoa and Guam
have ocean dumping sites as well.
WETLANDS
In 1989, EPA adopted a "no net loss" goal for wetlands as measured by acreage and
function with a long-term goal of increasing the quality and quantity of wetlands. The
wetlands program enforces CWA §404 and uses a variety of strategic initiatives to
promote wetlands protection activities, including advance identifications, public
education and outreach and comprehensive planning. These activities are tracked in
STARS. Nine major public outreach efforts were completed in Regions ffl, IV, V, VI and VII
during the third quarter.
§404 ENFORCEMENT
FY 1992 enforcement priorities identified by the wetlands program include follow up of
enforcement initiatives begun in FY 1991, participation in new geographically-based
enforcement initiatives, and to continue the expanded use of civil and administrative
enforcement authorities. Through the third quarter the wetlands program completed 6
geographic targeted enforcement initiatives, issued 85 administrative compliance orders
(well ahead of last years third quarter performance of 60), 13 administrative penalty
complaints, referred four cases to the Department of Justice (three civil and one criminal)
and resolved 218 cases (through voluntary compliance, or by administrative or civil
action).
GROUND WATER
The strategic planning goal for ground water is to prevent adverse effects to human health
and the environment, and to protect the environmental integrity of this national resource.
OW is taking the lead on implementing ground water protection efforts which shift the
Agency's program focus from media source control programs to a resource-based
approach for protecting ground water. Specific objectives supporting this goal are to
reduce the population served by water systems using contaminated ground water, and to
reduce the amount of pollutants released into ground water. OW has identified a set of
priority activities to meet these objectives, including: develop and implement
Comprehensive State Ground Water Protection Programs; increase state and local
involvement in the wellhead protection program; eliminate 100% of identified hazardous
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FY 1992 Third Quarter Progress Report
OW
waste and endangering shallow injection wells, and ensure continued compliance of all
other injection wells. As described below, STARS measures track ground water
implementation activity and the wellhead protection program.
COMPREHENSIVE STATE GROUND WATER PROTECTION PROGRAMS
Comprehensive programs provide a state-level framework that integrates the various
federal, state and local government ground water activities. Coordination will extend
beyond attempts to integrate various ground water pollution source control programs to
include integrated ground water data systems, coordinated federal grant assistance to
states and consistent ground water regulations. EPA's .role is to assist states in the
development and implementation of comprehensive programs beginning with a national
series of round table discussions with federal and state agencies. The first round of
discussions have taken place. A document, "Draft Comprehensive State Ground Water
Protection Program Guidance" was released to regions and states for formal comment in
July 1992. Comments on the draft guidance are to be submitted to EPA by September 8,
1992. The draft document incorporates the comments and suggestions offered during the
round table discussions. The guidance outlines six strategic activities designed to
encourage more efficient ground water protection, including efforts to:
Establish ground water protection goals to guide federal, state, and local
agencies;
Establish program priorities based on characteristics of each resource and
sources of contamination;
Define roles, authorities, and responsibilities of various agencies in
addressing these priorities;
» Implement efforts to achieve state ground water protection goals, taking into
account the state's priorities and schedules;
Coordinate collection and management of information to support ground
water-related programs; and
Improve public education on and participation in ground water protection.
WELLHEAD PROTECTION PROGRAM
OW is increasing emphasis on pollution prevention to complement its water quality
programs. The wellhead protection program is a key example of OW's pollution
prevention efforts. Priority will be given to shallow injection wells in targeted wellhead
protection areas. Nationwide, a total of 21 states have approved programs. This year,
New Jersey, Arizona, Alabama, and Ohio had their programs approved and 11 states are
targeted for approval by fourth quarter.
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FY 1992 Third Quarter Progress Report
UNDERGROUND INJECTION CONTROL (UIC) PROGRAM
In past years, the UIC program had focused its efforts on Class II wells, which are used to
dispose of oil and gas production fluids. This universe is now considered to have been
brought up to standard. In FY 1992, the UIC program will place greater emphasis on
targeted Class V wells, especially industrial disposal wells and automobile service station
disposal wells that pose the greatest risk to human health due to contamination of
underground sources of drinking water, and on Class I hazardous waste wells affected by
the RCRA land ban. Strategies include pollution prevention, educating local decision-
makers, cross program coordination, multi-media approaches,, and federal consistency.
A key component of the UIC pollution prevention strategy is consistent testing and
monitoring of active wells. Mechanical integrity tests (MITs) are required prior to initial
injection and at least once every five years thereafter. These tests evaluate the operational
integrity of the well to assure that underground sources of drinking water will not be
endangered. Through third quarter, both primacy and EPA direct implementation (DI)
programs exceeded their targets. EPA-(DI) and primacy performance is 75% and 83%,
respectively, of the total annual target.
UIC ENFORCEMENT
The UIC enforcement program is focused on three objectives in FY 1992: identifying
noncompliers, maintaining compliance through enforcement, and reducing risk to public
health and the environment through Class IV and Class V well closures. Field inspections,
MITs and self-reporting through the third quarter have identified 1,888 wells as being in
SNC: 1,353 by the States and 535 by EPA (last year at this time, 1,855 wells were in SNC).
At the end of the third quarter there were 585 wells on the Exceptions List (wells which
have remained in SNC for 90 or more days without a formal enforcement action). Most of
these are primacy wells in Regions I (113), V (122), and X (300).
Through the third quarter, EPA proposed 72 administrative orders while states issued
5,659 (the 5,554 issued by Region V states can be principally attributed to Illinois, which
has recently implemented an automated system for issuing UIC administrative orders).
Last year's third quarter numbers had EPA issuing 91 proposed orders, and states issuing
833.
A total of 382 Class IV and V wells were closed during the third quarter (175 EPA and
207 primacy). Well closure requires the owner/operator to permanently discontinue
injection of an unauthorized and endangering fluid contaminant which is in violation of
Resource Conservation Recovery Act, Safe Drinking Water Act, or other applicable
regulation(s).
DRINKING WATER
The overall strategic planning goal for drinking water is to ensure that all Americans
receive high quality drinking water sufficient to protect their health. In FY 1992, OW will
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FY 1992 Third Quarter Progress Report
OW
continue to emphasize regulatory development for contaminants specified in the 1986
SDWA Amendments. Program strategies include increasing enforcement to maintain and
improve compliance rates, building state capacity and providing increased public
education to help speed the adoption of new regulations by the states, and improving the
Agency's scientific and technical base to strengthen federal, state, and local decision-
making,
PUBLIC WATER SYSTEMS SUPERVISION (PWSS)
OW has three major strategic planning objectives for drinking water. First, OW plans to
reduce the number of people served by water systems that violate state or federal drinking
water standards for regulated contaminants. By 1995, OW anticipates promulgation of
standards for 111 contaminants. The second objective is to increase the number of states
adopting and implementing new regulations, and thereby maintaining primacy. And
finally, OW plans to work with states to build their capacity through technical assistance,
guidance, and development of state funding mechanisms. As described below, in FY
1992 STARS tracks system compliance.
PUBLIC WATER SYSTEMS SUPERVISION (PWSS) ENFORCEMENT
The objective of the PWSS enforcement program is to protect public health by ensuring
compliance with drinking water standards. Compliance is monitored using the SNC /
Exception report format, and enforcement actions are initiated against those systems
which do not return to compliance within standard timeliness. PWSS STARS measures are
reported on a one quarter lag basis to accommodate the state data reporting process.
At the end of second quarter FY 1992, OW reported 1,553 public water systems to be in
SNC for microbiological/ turbidity (M/T), and 912 for chemical/radiological. Follow-up of
the 430 SNCs for M/T previously reported as "new" in fourth quarter FY 1991 has
resulted in 64% being resolved by either returning to compliance or by an enforcement
action during the timely and appropriate period. The remaining 153 systems were added
to the exceptions list. Follow-up of the 104 new chem/rad SNCs for the same period
resulted in 77% being resolved. The remaining 24 systems were added to the exceptions
list.
Of the 865 exceptions for M/T identified at the beginning of the second quarter, 45%
were resolved by either returning to compliance or initiating enforcement action by the
end of the quarter. The other 475 systems remain to be addressed. Of the 404 chem/rad
exceptions, 58% were resolved for the same time period, leaving 171 systems to be
addressed.
Second quarter EPA enforcement activity included issuance of 318 NOVs, 176 proposed
administrative orders, 52 final administrative orders, 1 complaint for penalty and 2 civil
referrals. States issued 331 administrative compliance orders, referred 1 civil case, and filed
5 criminal cases.
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