EPA
United States
Environmental Protection
Agency
Off ice oi
The Administrator
(PM-222A)
October 1992
Quarterly
Progress
Report
Fourth Quarter
FY1992
Report
-------
-------
tt'rl
U.S Environmental Protection Agency
Quarterly Progress Report
Fourth Quarter FY 1992 Report
TABLE OF CONTENTS
FY 1992 Fourth Quarter Progress Report
Program Highlights .
Office of Air and Radiation .
Office of Enforcement
13
Office of General Counsel
19
Office of Pollution, Pesticides, and Toxic Substances
21
Office of Solid Waste and Emergency Response
33
Office of Water
45
CD
O
CD
HP.'ISi'WMr'iW PR,.:;v~!QN AGENCY
Wf.f.HlVrjON. DC. 2041,0
-------
-------
FY 1992 FOURTH QUARTER PROGRESS REPORT
PROGRAM HIGHLIGHTS
OFFICE OF AIR AND RADIATION
The Office of Air and Radiation has put into place a market-based acid rain
control program.
Rules to address the phase out of chloroflurocarbons were finalized in FY 1992.
* The use of voluntary programs to address global warming by reducing energy
consumption is proving successful.
Four of the 39 areas required are not in compliance with the new rules on
oxygenated fuel use.
The proposed Hazardous Organic Neshap will address toxic emissions from
the chemical industry.
Ninety percent of the required VOC rule corrections have been submitted to
EPA for review. Of these, 52% have not been published in the Federal Register
as of end of FY 1992.
For PM-10, Six Notices of Proposed Rulemakings announcing failure to submit
are in review at Headquarters. An additional 12 of the 67 required State
Implementation Plans for PM-10 have not been submitted. Thirteen additional
PM-10 nonattainment areas were identified in FY 1992.
OFFICE OF ENFORCEMENT
Over the past three years, significant increases occurred in: the Agency's active
case load (both civil and criminal); the number of open cn'minal investigations;
the number of criminal cases referred to DOJ; and, the number of criminal and
CERCLA cases concluded.
OE began collecting regional reports on multi-media enforcement activities
during FY 1992. Activities reported during the year include 407 consolidated
and 183 coordinated multi-media inspections.
-------
OFFICE OF POLLUTION, PESTICIDES, AND TOXIC SUBSTANCES
During FY 1992, regions and HQ settled 161 cases with provisions for EBEs
included in the settlement conditions; in FY 1991, the first year that EBEs were
reported, 136 cases were settled with EBEs.
During the past three years, regions and HQ very consistently approached or
exceeded planning targets for inspections under TSCA, FIFRA, and EPCFtA.
New chemical control actions are up in FY 1992 (by more than 100% over the
previous year), both as a percentage of new chemical notices recei/ed and in
absolute terms.
A total of 28 REDs were completed by the end of FY 1992. While ximpletion of
REDs is measuring up well to annual targets, the 1995 deadline 'or reviewing
all 407 supported chemical cases is looking increasingly unrealistic.
Over 1000 companies have committed to achieving emission reductions under
the 33/50 Project since it began in 1991.
Regional innovation focuses on pollution prevention, 33/50, multi-media,
outreach, education, and cooperation.
OFFICE OF SOLID WASTE AND EMERGENCY RESPONSE
Superfund completed cleanup at 86 National Priority List sites this year for a
total of 149 sites altogether (15% more than the goal), and Superfund
enforcement recovered $297 million in dollar value of costs. Superfund expects
to reach its goal of completing cleanups at 200 NPL sites by the end of next
year.
There are 46 States and the District of Columbia and Guam with final
authorization for the RCRA Subtitle C hazardous waste base program, 32 states
for the program covering radioactive waste mixed with hazardous waste, and 16
states for the corrective action program.
RCRA has approved closing over 1,200 facilities (mostly landfills, certifying
closure of over 200 facilities this last year) and made 766 permit determinations
the last four years.
Virginia and Wisconsin are the first states to receive tentative approval of their
municipal solid waste landfill permit programs.
-------
Since 1986, oil releases have been confirmed from 200,000 underground
storage tanks, cleanups have been completed at 55,000 USTs, with
responsible parties doing 97% of the work!
OFFICE OF WATER
States issued 1,617 Administrative Orders (AO) against NPDES Permitees.
This marks a 20% increase over FY 1991 State AO performance.
43 states and 5 territories are in full compliance for aquatic life and human
health criteria for priority pollutants.
Testing and monitoring of active underground injection wells has consistently
exceeded performance expectations over the past four years.
Regions III and IV were strong in Wetlands public outreach efforts. The number
of Wetlands enforcement cases resolved almost doubled since 1989.
Regions are behind in designating ocean dumping sites, completing one of six
final actions in FY 1992. Over the past three years, the program has increasing
missed this target.
-------
-------
FY 1992 Fourth Quarter Progress Report
OAR
OFFICE OF AIR AND RADIATION
Office of Air and Radiation (OAR) programs address many of the high risk environmental
problems faced by EPA, as discussed 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 (MOAs). 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. In FY 1992, OAR did not report into STARS, the Agency's
centralized management system.
To provide a general look at OAR resources, the charts below shows the increase in funding
for the Office of Air and Radiation over the last three years:
01
t
2500 T
2000
1500 -
1000 -
500 -
0
FTE Increased 34%
350
300
2 250
1 200
« 150
o
3 100
T AC&C Dollars Increased 82%
50 4
1990 1991 1992* 199° 1991 1992*
* 3/31/92 Operating Plan '3/31/92 Operating Plan
IMPLEMENTATION OF CLEAN AIR ACT AMENDMENTS
The President signed the CAA Amendments in November of 1990. In the two years since
then, the Agency has proposed or finalized more than 80 of the 120 rules and guidance
documents required by the Amendments. Once implemented by the states, more than 85
percent of the 57 billion pounds of annual emissions reductions mandated will be
addressed.
-------
OAR
FY 1992 Fourth Quarter Progress Report
STRATOSPHERIC OZONE PROTECTION
The goal of the stratospheric ozone protection 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.
Fourth quarter, the final rule to complete phaseout of production and consumption of Class
I substances by 2000 was signed by the Administrator and published in the Federal
Register, The rule on servicing motor vehicle air conditioners was also published in the
Federal Register on July 14, 1992.
Publication is planned in the next fiscal year 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 (May 1993); and on safe alternatives (September 1993). These rules,
as required by the CAAA, are designed to meet or exceed the revised Montreal Protocol.
GLOBAL WARMING PREVENTION
OAR's strategic goal for global climate change is to avoid or reduce potential increases in
global warming. To support this goal OAR is directing activities toward stabilizing methane
concentrations ir. the earth's atmosphere by the year 2005 and promoting voluntary
energy conservation.
Methane Reduction
The dominant strategy for methane reduction is to identify and promote, within the U.S. and
internationally, profitable options for reducing methane emissions from major anthropogenic
sources. Four methane reports are due to Congress in November 1992. Of these, two are in
Red Border this quarter: Anthropogenic Methane Emissions in the United States and
Options for Reducing Methane Emissions form Anthropogenic Sources Internationally.
The other two, Options for Reducing Methane Emissions form Anthropogenic Sources in
the United States, and Current and Future Methane Emissions form Natural Sources are in
technical peer review.
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
-------
FY 1992 Fourth Quarter Progress Report
OAR
to promote energy-efficiency; and efforts to identify and remove private regulatory liability
and other institutional obstacles to energy efficiency.
Green Lights encourages U.S. corporations and governments to install energy-efficient
lighting, thereby cutting air pollution and saving energy. Fourth quarter, the number of
participants in the Green Lights program grew from 561 to 651.
The Energy Star Computer program was developed with industry cooperation with the goal
of manufacturing and marketing energy-efficient computer equipment that shuts off
automatically when not in use, reducing by half the electricity now used, and saving up to
$1 bullion in electricity bills. By the end of the decade, use of these machines is expected to
save energy equivalent to the output of 20 power plants and prevent carbon dioxide
emissions by 20 million tons. Fourth quarter, seven new companies joined the program,
bringing the total number of participants to twelve. An effort is underway to include
computer printers in the program.
The Golden Carrot Super Efficient Refrigerator Program, which will market refrigerators that
use less energy and no CFCs, was announced this quarter. Prototypes of the new models
are expected in the summer of 1993. The refrigerators are 30 to 50 percent more efficient
than the Department of Energy's existing standard for electricity consumption.
ACID RAIN REDUCTION
OAR's strategic objective in the acid rain program is to achieve a permanent 10 million ton
per year reduction in SC>2 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.
EPA announced the delegation of the allowance auction and sales program to the Chicago
Board of Trade. The first auction will be held in March, 1993. The Acid Rain Final Core
Rule Package, which includes the Permits Allowance Systems, Continuous Emissions
Monitoring, and Excess Emissions rules was transmitted to OMB August 7, 1992.
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,
paniculate matter, 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.
Ozone / Carbon Monoxide
OAR has many programs and activities in place to address the health risks assosociated with
these pollutants:
-------
OAR
FY 1992 Fourth Quarter Progress Report
VOC Rule Corrections - RACT Fix-ups
States must require existing industries located in areas of nonattainment to install reasonable
available control technology (RACT) for VOCs, which are precursors of ozone. The
deadline for submission of these RACT rules was May 15, 1991, The universe of required
RACT fix-ups is 1,679 and as of fourth quarter 90% or 1,507 have been submitted to EPA.
This represents a two percent increase in submittals over last quarter. Currently, Region V
has the lowest completion rate (75%). Regions VI, VII, VIII and X have completed 100% of
this work. The District of Columbia submitted their deficient draft rules to Region III on
September 29, 1992. The Agen ;y should promulgate within one year of the completeness
review, but currently 788, or 52%, of the rules have not been published in the Federal
Register. The delay is attribv ted to competing priorities, lack of resources and lack of
trained staff. In addition, the regions tend to prefer to work out problems with the States
rather than disapprove the 'ules, because disapprovals trigger sanctions and Federal
Implementation Plans.
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. All states have now submitted IPPs.
Progress in draft submittals of SIP inventories is limited, with 67% of the expected draft
ozone/carbon monoxide inventories received in 1992. The deadline for drafts was May 1,
1992. As of fourth quarter, none of the states had complete submissions for ozone or CO.
OAR continues to implement its direct assistance program through the regions to support
states with the preparation of their inventories, and expects this work to continue through
FY 1993.
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. There was no activity reported in
fourth quarter. Headquarters will be working closely with the regional offices on
maintenance planning for states that are pursuing re-designation to attainment.
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 prepared in all of the 26 areas
required to do grid modeling. Two more areas, Lake Michigan and Detroit, have had their
modeling protocols accepted as final in fourth quarter, bringing the total number of final
protocols to seven.
-------
FY 1992 Fourth Quarter Progress Report
OAR
This year the Office of Mobile Sources (OMS) has concentrated on two priorities to address
ozone and carbon monoxide: establishing new basic and and enhanced Inspection and
Maintenance (I/M) programs and ensuring that the oxygenated fuels program starts on time
and operates well.
Inspection and Maintenance Programs
The Clean Air Act Amendments of 1990 (CAAA) raised the number of I/M programs
operating across the nation from 40 in FY 1990, to 43 in FY 1991, to 48 in 122 urban areas
across the United States in FY 1992.
Although emission systerrs usually work properly when a vehicle is new, the average car on
the road emits three to four times the emissions legally allowed because the emission
equipment has malfunctioned or been damaged in some way in use. By testing evaporative
emissions and tailpipe emissions, the I/M program ensures that motor vehicle emission
systems are functioning as required and that those malfunctioning are repaired.
I/M programs are now required in 177 urban areas in 38 states, all of which experience
unhealthy levels os smog, carbon monoxide, or both. This represents an increase of over
300% in the number of I/M programs since 1989. Many of these programs require authority
from state legislatures, and therefore are not operational yet.
Audits of I/M Programs
While states are largely responsible for running the I/M programs, EPA conducts periodic
audits of local programs to ensure their effectiveness. Recently however, these audit efforts
have suffered a lack of resources because EPA program efforts focused on issuing the
regulations and other related CAAA activities. While a few site inspections of problem I/M
programs have continued in the last two years, for the most part OMS has resorted to
sending I/M programs a self-evaluation forms in place of a site visit by inspectors. No tests
have been conducted to determine whether the self-evaluation forms filled out by
individual I/M program managers are as effective in detecting problem I/M programs as the
site inspections.
Oxygenated Fjiejs
Oxygenated fuel implementation, the first OMS rule to be implemented under the CAAA of
1990 goes into effect November 1, 1992. Thirty-nine areas are required to sell fuel during
the cooler months with MTBE (Methyl Tertiary Butyl Ether). All but four areas are
expected to comply. The four states with areas out of compliance are Massachusetts,
Tennessee, Minnesota, (Minneapolis is conforming, but Duluth is not) and Ohio. Supplies of
the oxygenated fuel are expected to be sufficient to meet demand and not create significant
price increases except in Alaska.
MTBE increases the oxygen content of the fuel significantly reducing vehicle carbon
monoxide commonly found during cooler weather. Over the past year, OMS staff have
been writing various guidances related to this regulation such as labeling guidance, control
-------
OAR
FY 1992 Fourth Quarter Progress Report
period guidance for different areas. Staff have also been traveling to areas required to sell
oxygenated fuels to provide technical assistance.
Regulation/Rule Production
According to the revised Clean Air Act Implementation Strategy, OMS has issued 14 Clean
Air Act rules/regulations since the CAAA were passed in November 1990. OMS has 22
more to issue, 13 of which have missed their statutory deadline. For these thirteen missed
deadlines, the cause is usually the result of delays at the Office of Management and Budget.
Other Programs
Other major work that has taken place this year includes work on the "Mobile 5" computer
model that assists states and localities develop thoir emission inventory, a baseline of
pollution levels required in State Implementation Plan development. Recent "Mobile"
models have come under criticism for being inacc urate. OMS hopes that Mobile 5 will
improve on this record. Other work has included reformulated fuels research, as well as
work on the fleet rules.
Criteria Air Pollutant Trends
Reduction in Emissions
1970-1991
Ozone 38%
Carbon Monoxide 50%
Millions of People Living in
Nonattainment Areas, 1991
69.7
19.9
PM40
Paniculate matter 10 micrometers or smaller in diameter (PM-10) penetrate to the deeper
portions of the lung, posing health risks 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.
For the 67 initial nonattainment areas, State Implementation Plans (SIP) were due on
November 15, 1991. Fourth quarter, 18 (down from 24 second quarter) are still
outstanding. Forty-six have been found complete (up from 36 second quarter). Of the 46
complete SIPs, only six Federal Register notices have been sent by the regions to
headquarters for review. Resource constraints in Regions II and VII are again being cited
as major impediments to SIP processing. Six Notices of Proposed Rulemakings announcing
findings of failure to submit have been sent to Headquarters for review. Sanctions or FIP
development may be required for some of the outstanding SIPs.
-------
FY 1992 Fourth Quarter Progress Report
OAR
Thirteen additional nonattainmem areas for PM-10 were identified in 1992. A Federal
Register notice to that effect was published on September 22, 1992. Areas which will not
be able to demonstrate attainment of the NAAQS by December 1994 must follow Best
Available Control Measures (BACM) guidance. Fourth quarter, draft technical BACM
guidance was issued for three PM-10 source categories urban fugitive dust, residential
wood combustion, and prescribed silviculture and agricultural burning.
Criteria Air Pollutant Trends
Reduction in Emissions
1970-1991
Total Particulates
& PM-10 61%
Millions of People Living in
Nonattainment Areas, 1991
21.5
Lead
The goals of the lead program are to enforce current emission limits, evaluate and revise as
necessary existing SIPs, continue operation of the monitoring network, and identify and
monitor other significant sources.
All Regions 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, although progress in Regions IV and VII in developing source inventories is
limited due to resource constraints.
Criteria Air Pollutant Trends
Reduction in Emissions
1970-1991
Lead (Pb)
98%
Millions of People Living in
Nonattainment Areas, 1991
14.7
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.
-------
OAR
FY 1992 Fourth Quarter Progress Report
The Early Reduction Program (ERP) strategy is to encourage facility owners and operators
to achieve reduction of air toxics emissions before the regulations requiring maximum
achievable control technology (MACT) are issued. State submittals number 75 as of fourth
quarter. Of these, 31 were found incomplete, 28 are undergoing technical review after
being found complete, and 8 were withdrawn.
The number of enforceable commitments is lower than expected, and may be due to a
variety of factors, such as: MACT standards are not final, some state and local air agencies
are not convinced that participation will lead to greater emissions reductions, and some state
and local regulations may require stricter standards than those in the ERP.
OPERATING PERMITS
The CAAA requires states to issue federally enforceable operating permits to major
stationary sources of air pollution. These permits are designed to enhance the ability of
EPA, the states, and citizens to enforce the requirements of the Act by containing all the
relevant air pollution regulations pertinent to the source in its permit. The program is
designed to allow state development with EPA oversight.
By November 15, 1993 the Governor of each state must submit to EPA a permit program
meeting the requirements of CAAA. Within one year after receiving the submittal, EPA
must approve or disapprove it, in whole or in part. If EPA disapproves the program, a
mandatory sanctions clock begins an 18 month timetable. After two years, states without
an approved permit program in place will have a federally operated program.
This year, OAR priorities included obtaining schedules for states for developing approvable
permit programs and assisting states with their program development. At the erd of fourth
quarter, only fifteen states had acceptable legislation for the program.
Some states, such as Pensylvania, Indiana, Idaho, and Alaska, may not be able to meet the
November 15, 1993 submittal date. This is because of problems with existing legislation in
their permit programs or because the state governments are balking at certain provisions of
the permit rule, such as EPA's ability to review a permit issued by a state. OAR is working
with the state legislatures to try and get the legislative approval process moving quicker in
the rest of the states, but unforseen state legislative minefields may still be out there.
OAR permit program activities this year consisted of getting the permit program regulation
through OMB for issuance in July. After July, the permit program provided workshops for
states on the permit program - sending out guidance and a newsletter, and supporting a lot
of interaction with the states and Regions to make an impact on state legislatures.
RADON
In June, the headquarters and regional management of the radon program set quantitative
goals for increased testing and mitigation of homes and schools, as well as increases in the
number of new homes built with radon-resistant features. These goals were the starting
8
-------
FY 1992 Fourth Quarter Progress Report
OAR
point for negotiations for FY93. The progress of the Radon program over the last four
years on key goals is shown in the diagram below. The new measurable goals for the radon
program include awareness, testing in non-real estate transactions, testing in real estate
transactions, mitigation, in real estate and non-real estate transactions, school testing, new
construction with radon resistant features, new construction laws or real estate policies
relating to radon. Regional activities included promoting public awareness about radon,
managing radon grants to the states and providing technical assistance to states and
localities.
INDOOR AIR
No commitments or accomplishments for indoor air activity are recorded in ORIA's
Regional Accomplishments Report for FY 199.2 although Regions I and IV mention
coordinating their radon program with the Regional indoor air program. For fourth quarter,
the Indoor Air Division reports completing plans for the Indoor Aii Quality Clearinghouse
that will provide informtion and guidance to the public on indoor air issues.
RADIATION
FY 1992 radiation activities fell under the following categories: standards development and
studies, NESHAPs, radioactive waste, electromagnetic fields, emergency response, and
superfund assistance.
There are four people in the Office of Radiation and Indoor Air (ORIA) working on
Electromagnetic Fields. There is one person in the Office of Research and Development
working on electromagnetic fields who is funded by the Department of Energy. These five
comprise the Agency's electromagnetic fields effort.
Regions participated in 11 emergency response exercises in FY 1992 and 23 in FY 1991.
Regions and headquarters are also laying the groundwork to delegate the NESHAP for
radionuclides to the states. This involves meeting with state officials, providing training and
education, the starting the approval process for state programs.
In FY 1992, the Waste Isolation Pilot Project (WIPP) continued to absorb the lion's share of
ORIA's radiation related work in FY 1992. Activities focused supporting passage of the
WIPP Land Withdrawal Act and planning for FY 1993 implementation activities which
include preparing for rulemakings surrounding the testing of the WIPP and EPA's high
level waste disposal regulations.
AIR ENFORCEMENT
In FY 1992, the Regions began to broadly utilize their new administrative penalty authority.
During the year, 96 new administrative penalty cases were filed and 22 orders were issued
with final penalties (the 22 final orders involve a reported $764,938 in assesses penalties).
Each Region issued at least three orders, with four Regions issuing the bulk; Region V (22),
Region X (18), Region 0 (13), and Region IX (10).
The Regional air enforcement staffs were also heavily involved in supporting the
Administrator's multi-media enforcement initiative. The Regional air staff participated in
-------
OAR
FY 1992 Fourth Quarter Progress Report
133 consolidated multi-media inspections and 56 coordinated multi-media inspections, in
addition to working on a significant number of multi-media enforcement actions.
NAAQS Enforcement
OAQPS reports there were 10,076 Class A and New Source Performance Standard (NSPS)
sources in NAAQS non-attainment areas in the fourth quarter (Region V (34%) and Region
IX (19%) are responsible for over half of the sources). Of the Class A and NSPS sources,
9,162 (90.9%) were in compliance up from 89.6% last quarter. (The rate for sources with
known compliance status was 92.8%). The remaining 914 sources had the following status:
456 (4.5%) were non-complying, 221 (2.1%) had an unknown compliance status (a sharp
improvement from 341 last quarter), and 237 (2.4%) were on a compliance schedule.
Regions VI and VIII reported the highest compliance rates, both over 95%. During the
quarter, Region VII reduced its number of sources with unknown compliance status from 79
to one.
Nontransitorv NESHAP Sources
OAQPS reports there were 1,170 nontransitory National Emission Standards for Hazardous
Air Pollutant (NESHAP) sources as of the end of the year. Of these, 954 (81.5%) were
reported as in compliance, up three percent over last quarter. (The rate for for sources with
known compliance status was 88%.) The remaining 216 NESHAP sources had the
following status: 87 had unknown status (down from 120 last quarter), 91 were non
complying, and 38 were on a compliance schedule. Compliance rates continue to vary
substantially between Regions; Regions VIII, IX and X all had rates above 92% while
Regions II and IV had rates below 71%. Almost half of the non-complying facilities were in
Regions II (25) and VI (19).
Asbestos Demolition and Renovation Activity
For the period October 1, 1991 to June 30,1992, the Regions and States reported 9,958 and
47,719 notifications respectively. During that period, the Regions conducted 285
inspections and the States 11,739. Violations of the Asbestos D&R requirements have been
reported as follows: notification violations - Regions identified 354 and the States 775;
substantive violations - Regions 11 and the States 194.
Summary of CAA Enforcement Activity
OAQPS reports the following major enforcement outputs through September 30,1992:
Civil Referrals
Criminal referrals
Administrative Orders
EPA
87*
7*
354
STATES
182
0
643
(NOTE: State data includes 3rd Quarter data only; EPA orders do not include 4th Quarter
data for the asbestos demolition and renovation program)
* Civil and criminal referral numbers for CAA are reported by OE.
10
-------
FY 1992 Fourth Quarter Progress Report
OAR
Hie civil referral total is similar to the levels over the last two years (91 and 74). The
administrative order total is well above the fourth quarter total in FY 1990 (249) and FT
1991 (214). The total is made up from 134 asbestos cases and 134 stationary source cases.
Five Regions (I, II, V, IX, and X) accounted for 82% of the 354 EPA administrative orders
while three Regions II (14), V (18), and IX (20) accounted for 60% of the regional civil
judicial referrals.
Summary of Significant Violator Activity
OAR reports that 849 significant violators have been addressed this year. During the
quarter, 275 new violators were added to the list and 299 violators were addressed or
removed from the existing list As of the end of the quarter, 438 significant violators (up 14)
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:
424 SVs had been addressed within 150 days
98 SVs had been addressed within 151 to 365 days
85 SVs had been addressed beyond 365 days, and
190 SVs were unaddressed after 365 days.
Of the 190 SVs unaddressed after 365 days, 123 were in Region V, 26 were in Region II, 15
were in Region VI, and 11 were in Region IV. No other Region had more than 8 SVs on that
list. OAR also reported that there had been 50 State to EPA lead changes during the year.
11
-------
-------
FY1992 Fourth 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 aim toward:
targeting compliance monitoring and enforcement resources to achieve environmental
results; screening for enforcement response to realize the full potential of enforcement
authority; and, gaining maximum leverage from each individual enforcement action.
REGIONAL MULTI-MEDIA ENFORCEMENT ACTIVITIES
This is the first year that OE has gathered data on regional multi-media enforcement
activities and reported it to STARS. This data represents a new focus for OE and the regions
expanding the Agency's traditional enforcement efforts to the multi-media arena.
MULTI-MEDIA CONSOLIDATED INSPECTIONS
A consolidated inspection occurs when a single inspection covers two or more programs. By
the end of FY 1992, regions conducted a total of 407 consolidated inspections. The 407
multi-media consolidated inspections included 1,016 program specific inspections (within
twelve different programs). Efforts under CAA, NPDES-CWA, RCRA, and EPCRA
contributed most heavily to the multi-media total.
MULTI-MEDIA COORDINATED INSPECTIONS
A coordinated inspection is one in which no more man three months have elapsed between
inspection by one program and subsequent inspection by another program. The coordinated
inspection must be the result of prior collaboration and planning between programs. The
regions completed 183 multi-media coordinated inspections this year; 480 program specific
inspections were completed as part of the 183 coordinated inspections.
MULTI-MEDIA CIVIL JUDICIAL REFERRALS
Civil judicial referrals include both consolidated referrals and coordinated referrals. A
consolidated referral is one in which: at least two discrete environmental problems from
different programs combine to form one referral package; or, an existing judicial referral or
complaint expands to include an additional violation from a different program. A
coordinated referral is a separate referral package related to an existing referral or complaint;
for these, the consent decree negotiations are resolved jointly although the referrals or
complaints are not combined. The regions reported 44 multi-media civil judicial referrals
during FY 1992.
13
-------
OE FY1992 Fourth Quarter Progress Report
MULTI-MEDIA ADMINISTRATIVE OR JUDICIAL ACTIONS
Multi-media administrative and judicial actions include actions meeting the STARS criteria
of the various programs - generally administrative orders. Regions recorded 68 multi-media
administrative actions this year, four of these were coordinated with judicial action.
SINGLE-MEDIA ACTIONS WITH MULTI-MEDIA SETTLEMENTS
Single-media actions with multi-media settlements include: single-media settlements with
multi-media Supplemental Environmental Projects; multi-media pollution prevention
projects; or, settlement provisions addressing an environmental problem under a different
program not part of the original ;ase referral. By the end of FY 1992, regions recorded 54
multi-media settlements occurrirg because of single-media actions.
200
150
100
I
f
50
FY 1992 MULTI-MEDIA ENFORCEMENT ACTIVITIES
Region II performed 39% of the nationally
reported Consolidated Inspections Activity;
Region VIII carried 37% of the total reported
Coordinated Inspections.
RI
RII
RIII
RiV
RV
RVI
RVII RV1II
RIX
Eiai Multi-media Consolidated Inspections I I Multi-media Coordinated Inspections
^H Other Multi-media Enforcement Activities*
* Other Multi-media Enforcement Activities include Multi-media Civil Judicial Referrals.
Administrative or Judicial Actions, and Single-media Actions with Multi-media Settlements.
CIVIL ENFORCEMENT
CONSENT DECREE REVIEW
Due to data entry problems, OE has been unable to collect accurate data for mis measure
during FY 1992. During FY 1991, OE reported reviewing and forwarding 75 consent
decrees to the Department of Justice (DO!) - 30% fewer than the 107 forwarded during FY
1990. The average review times for FY 1991 and FY 1990 consent decrees were 24 and 26
days, respectively.
CONSENT DECREE TRACKING AND FOLLOW-UP
Regions report 815 active consent decrees at the end of FY 1992. Of these, the status of 597
(73%) decrees was reported and the status of 218 (27%) consent decrees was unknown or
14
-------
FY1992 Fourth Quarter Progress Report
OE
ACTIVE CIVIL CASES
unreported. Together, Region IV and Region VI reported 153 active consent decrees at the
end of fourth quarter; the status of all 153 is unknown or unreported - this accounts for 70%
of the active consent decrees in the unreported or unknown category.
Of the 597 consent decrees with known status: 481 (81%) were in compliance; 76 (13%)
were in violation and had an enforcement action taken; 30 (5%) were in violation and had a
formal enforcement action planned; and, 10 (2%) were in violation but had no formal
enforcement action planned or deemed necessary. [Percentages add to more than 100% due
to rounding.]
The number of active consent decrees reported at the end of the year was almost 19% higher
in FY 1992 than in FY 1991 (815 vs. 686); there were 646 active consent decrees at the close
of FY 1990. The consent decree status breakout (four quarter average, compliance vs.
violation) is fairly consistent over the diree year period with approximately 75% of the active
consent decrees in compliance.
CIVIL REFERRALS AND FOLLOW-THROUGH ON ACTIVE CIVIL CASES
During FY 1992, the Agency referred a total of 361 new civil cases to DOJ; this total
includes five HQ CAA Mobile Source case referrals. The regions referred 189 of these cases
(52% of the year's total)
directly to DOJ during fourth
quarter. During FY 1992, the
regions also referred 11 cases
to HQ, initiated 84 new
pre-referral negotiation cases,
and referred 19 new consent
decree enforcement cases.
The status of FY 1992's 361
new active civil cases at the
end of fourth quarter was as
follows: 277 were pending at
DOJ; 46 were filed in court; 4
were concluded before filing
and 26 were concluded after
filing. Three civil cases were
returned to the regions and 5 HQ Mobile Source cases are not tracked in the Enforcement
Docket. EPA referred 393 new civil cases to DOJ in FY 1991, and 368 during FY 1990.
At the end of FY 1992, the docket listed 1,064 civil cases active (not concluded) at the start
of FY 1992; in FY 1991, the number was 980 and, in FY 1990, it was 865. The status of the
1,064 cases at the end of fourth quarter was as follows: 209 were pending at DOJ; 51 were
returned to the regions; 52 were concluded before filing; 565 were filed in court; and, 187
were concluded after filing. Of the 1,064 active pre-FY 1992 cases, 311 have been ongoing
for more than two years since first filed.
1500
1000
500
The active civil case
load has increased
steadily over the past
three years despite
the marginal decline
in new case referrals,
Three hundred eleven
of the cases active
during FY 1992 have
been ongoing for
more than two years
since filing.
FY B90 FY »9I FY B92
Active il Che Begnnng of the FBCI! Year
New Active Cisei Referred Dumg the Fiscal Yeir
15
-------
OE
FY1992 Fourth Quarter Progress Report
CONCLUSION OF CIVIL CASES
On average, 741 days (approximately 24 months)
elapsed between filing and disposition of the 165
civil cases concluded in FY 1992 with consent
decree or litigation (Pre-referral Negotiation (PRN)
cases are not included in the average). The average
for FY 1991 was almost identical with 742 days on
average over, again, 165 cases; the average for FY
1990 was 508 days (approximately 16 months)
over 149 civil cases.
One hundred twenty-eight Superfund (CERCLA)
cases were concluded during FY 1992. The
number of CERCLA cases concluded in FY 1991
and FY 1990 was, respectively, 75 and 57.
150
100
50
CERCLA CASES CONCLUDED
The number of Superfund (CERCLA)
cases concluded per
year has increased
steadily over the past
three years.
FY1990
FY1991
FYW92
CRIMINAL ENFORCEMENT
CRIMINAL REFERRALS AND ACTIVE CRIMINAL CASE FOLLOW-THROUGH
There were 75 new criminal investigations
opened during fourth quarter of FY 1992
bringing the year to date total to 203. At the
end of fourth quarter one year ago, 150 new
criminal investigations had been opened;
during FY 1990, 112 new investigations
were opened. There were a total of 335
criminal investigations open at the end of
FY 1992.
CRIMINAL INVESTIGATIONS
400
350
.3300
250
BO
DO
50
The number of open investigations
has ir creased rapidly over
the past three years.
(335)
FYJ990 FYB91 FY 1992
E3t New InreitjgstiDni Opened During the Yetr
InvcMjgitioni Open it the End of the Ye«r
The regions referred 37 new cases to HQ
during fourth quarter (for a year's total of
106) and closed an additional 54
investigations before referral. HQ referred
41 new cases to DOJ for a FY 1992 total of
107 criminal case referrals to DOJ. The end
of year status of the 107 new criminal cases referred to DOJ is as follows: 39 cases were
under review at DOJ, 44 were undergoing a grand jury investigation, and charges were filed
in 14 cases; 5 cases closed following prosecution and DOJ closed 5 other cases without
prosecution. During FY 1991, the Agency referred a total of 81 new criminal cases to DOJ;
during FY 1990, the total was 65.
One hundred fifty-six criminal cases were referred, but not closed, at the end of FY 1991; the
number was 126 at the end of FY1990 and 107 at the end of FY 1989. The status of the
16
-------
FY1992 Fourth Quarter Progress Report
OE
pre-FY 1992 active criminal cases at the end
of FY 1992 was as follows: 6 of the cases
were under review at DOJ, 45 were
undergoing grand jury investigation, 50 had
charges filed, 43 closed following
prosecution, and DOJ closed 12 cases
without prosecution.
CONCLUSION OF CRIMINAL CASES
300
250
- 200
i
u 150
»
5
< DO
50
ACTIVE CRIMINAL CASES
The active criminal case load climbed
significantly during the
past three years.
OE reported that 64 criminal cases were
concluded during FY 1992 (55 of these were
referred under the CWA/SDWA or RCRA)
with 61 of the cases resulting in the
conviction of defendants. The 64 ca>es
involved charges against 107 defendants; 99 of the defendants were convicted (44 were
sentenced to incarceration) and 8 were acquitted or had charges dismissed. Cumulatively,
the 99 convicted defendants were assessed almost
$63 million in fines before suspensions.
FYS90 FYB91 FY S92
Active it the Begnnmg of the F»cil Yetr
New Active Cites Referred Dumg the F»c»l Year
CRIMINAL CASES CONCLUDED
During FY 1992, the average time from referral to
DOJ (the date of the first defendant's indictment or
information) until charges were filed was 13.3
months; this is up from 9.9 months in FY 1991, but
below the 14 month average of FY 1990. The time
elapsed from opening a criminal investigation to
referral to the Office of Criminal Enforcement has
remained consistent over the past three years with
an FY 1992 average of 5.6 months.
~ jo
i.
The number of criminal cases concluded
per year over the last three years has
increased steadily.
OFFICE OF FEDERAL FACILITIES ENFORCEMENT (OFFE)
During third quarter, the regions concluded
150 federal facility inspections and detected
37 violations for a quarterly violation rate of
25%. Twenty-nine enforcement actions
were taken against federal facilities during
the quarter. The totals cited are incomplete
in that Regions II, III, and V did not report
third quarter data in time for this report.
LAGGED DATA
The Office of Federal Facilities Enforcement's
compliance data lags by one quarter; this report
provides information through third quarter of FY
1992. End of year data will be reported during
first quarter. FY 1993.
17
-------
-------
FY1992 Fourth Quarter Progress Report
OGC
OFFICE OF GENERAL COUNSEL
INTRODUCTION
The Office of General Counsel (OGC)'reports one measure in STARS; it expresses workload
and timeliness in the completion of legal (Red Border) evaluation and review.
RESPONSE TO RED BORDER REVIEW DOCUMENTS
OGC received 24 Red Border packages during fourth quarter, FY 1992. Of these, the Office
completed 20 reviews (83%) within three weeks of receipt and four additional reviews
(100% of total packages received) in the fourth week following receipt.
FY1992
IstQtr.
2ndQtr.
3rdQtr.
4th Qtr.
FY1992
(total)
Regulatory
Packages
Received
18
18
14
24
74
Completed
within three
weeks (#/%)
8/44%
10/56%
9/64%
20/83%
47/64%
Completed
within four
weeks (#/%)
12/67%
17/94%
12/86%
24/100%
65/88%
Incomplete
after four
weeks (#)
6
1
2
0
9
Non
Concurrence
(*)
0
0
0
0
0
FY1991
(total)
FY1990
(total)
99
121
65/66%
83/68%
82/83%
104/86%
17
17
0
0
Over the past three years, the number of
regulatory packages received by OGC for
review has declined by 20% per year.
Timeliness in completing regulatory package
reviews (expressed as a percent of total
received) has been consistent over the
period. OGC has generally attributed Red
Border review delays beyond the four week
period to the length and complexity of
specific regulations.
RED BORDER REVIEWS
While performance has been
consistent, the number of
packages received has
(99) declined steadily.
FY 1990 FY199I FY 1992
H Convicted Within Four Weeks
B Incojujlcte After Four Weekl
19
-------
-------
FY1992 Fourth 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). The OPP and OPPT strategic
plans incorporate strategies specific to the Office of Compliance Monitoring (OCM). The
most current drafts of these plans date January, 1992.
OFFICE OF POLLUTION PREVENTION AND TOXICS
OPPT is focusing on four priority areas: development and integration of multi-media
pollution prevention approaches to environmental protection; better utilization of the
authorities granted by the Toxic Substances Control Act (TSCA), coupled with a balanced
regulatory and non-regulatory risk management approach; more effective sharing of toxics
data and information inside and outside EPA; and, enhancement of regional and state roles.
EXISTING CHEMICALS (EC)
Under TSCA, OPPT ensures that chemicals in commerce do not present "unreasonable risk
of injury to health or the environment." OPPT uses a Risk Management (RM) process to
evaluate the potential risk posed by existing chemicals and to find the appropriate response.
The first stage of the Risk Management process (RM1) produced decisions to drop six cases
from the RM process (Epichlorohydria (ECH), Glycol Ethers, Metal Cutting Fluids,
Polyacrylamide, MEK/MIBK, and Lead Encapsulants). Aerosol Paints moved into the queue
for stage two of the RM process (RM2). During FY 1992, a total of 33 cases completed
RM1; of these, 5 cases entered the queue for RM2.
Five chemical cases completed RM2 during FY 1992; in FY 1991, only one case completed
the process. During fourth quarter, Chloroethane and Phosphoric Acid Waste Products
exited RM2; risk management measures are being implemented. In addition, during FY
1992, the Agency published a Section 6 Notice of Proposed Rulemaking for Acrylamide and
N-methlolacrylamide grouts and a Section 4(f) designation for Refractured Ceramic Fibers
(RCF) in the Federal Register and the gold mining industry began implementing voluntary
risk management options for Sodium Cyanide.
NEW CHEMICALS
Authorized by TSCA, OPPT's objective is to review all new chemicals and apply risk
management as necessary to prevent unreasonable risk. During fourth quarter, OPPT
received 470 valid new chemical notices (OPPT received 379 notices in fourth quarter one
21
-------
OPPTS
FY1992 Fourth Quarter Progress Report
year ago). Of these, there were 355 Premanufacture Notices (PMNs) and 115 exemption
applications (i.e., 42 applications for polymer exemption, 71 for low volume exemption, and
2 for test market exemption); there were no biotech notices. The Office targeted 46 of the
new chemical notices for regulatory review or action.
OPPT took 131 control actions during fourth quarter. The Office issued Section 5(e)
Consent Orders for 11 PMNs and modified or revoked Consent Orders for 10 others. Ten
PMNs were withdrawn in the face of regulatory action. In addition, OPPT obtained a waiver
from OMB from the Regulatory Moratorium provisions for new chemical significant new use
rules (SNURS); the Office promulgated 100 SNURS during the final quarter of FY 1992.
Three hundred one new chemical notices were dropped from further review during the year.
OPPT received a total of 1,921 valid new
chemical notices during FY 1992, including
1,455 PMNs. The Office took a total of 242
control actions during the year; this number
is up significantly from the 103 and 134
control actions recorded, respectively,
during FY 1991 and FY 1990. The number
includes: withdrawal of 72 PMNs in the
face of regulatory action; issuance,
modification, or revocation of 69 Consent
Orders; and, promulgation of 101 SNURS.
OPPT dropped 1,297 new chemical notices
from further review without control action
during FY 1992.
NEW CHEMICAL CONTROL ACTIONS
ARE UP IN FY 1992
Control actions
taken in FY 1992
were up compared
to past years both
as a percentage of
Notices received
and in terms of ab-
solute magnitude.
FY »90 FY B91 FY 1992
New Chemical Notices Received
Control Actiooi Taken
During fourth quarter, 237 of the PMNs received (67% of the PMNs received) contained
voluntary reports on pollution prevention practices and activities. For FY 1992, 1,048 of the
PMNs received (72% of the total) contained voluntary pollution prevention reports.
MASTER TESTING LIST ACTIVITY
OPPT provided an account of chemical testing for the year at the end of fourth quarter.
TSCA Section 4 actions require testing on substances or mixtures to develop data with
respect to health and environmental effects where there is insufficient data and experience to
decide whether the substance or mixture present an unreasonable risk of injury to health or
the environment. During FY 1992, OPPT conducted 14 Section 4 tests involving 2
substances. The Office also conducted 100 chemical tests as a result of EPA non-regulatory
action. These included emission testing for Total Volatile Organic Chemicals (TVOCs) and
the testing of product samples for 70 carpet products and 15 adhesive products.
POLLUTION PREVENTION AND THE'33/50 PROJECT
The 33/50 Project started in 1991. It is a voluntary, direct action program that creates a
partnership among government, industry, and communities. The goal of the 33/50 Project is
22
-------
FY1992 Fourth Quarter Progress Report
OPPTS
to reduce releases and transfers of 17 highly toxic,
high-priority chemicals 33% by the end of 1992 and
50% by 1995. EPA chose these chemicals because
they pose environmental and health concerns, they are
high-volume industrial chemicals, and they can be
reduced through pollution prevention. The reductions
will be measured against a baseline of releases and
transfers reported to the Toxic Release Inventory in
1988.
At EPA, pollution prevention is the preferred choice
for environmental protection. Pollution prevention
means source reduction as defined under the Pollution
Prevention Act. This includes any practice that:
reduces the amount of any hazardous substance,
pollutant, or contaminant entering any waste stream or
otherwise released into the environment (including fugitive emissions) before recycling,
treatment, or disposal; reduces the hazards to public health and the environment associated
with the release of substances, pollutants, or contaminants. In asking over 7,600 companies
to join the program, EPA stressed the benefits of pollution prevention: community health
protection, competitive advantage from reducing product loss and waste disposal expenses,
potential avoidance of future liabilities and regulatory requirements by eliminating waste,
and improved community relations and employee pride.
33/50 CHEMICALS
Nickel and Compounds
Chloroform
Benzene
Tetrachloroethylene
Methyl isobutyl ketone
Trichloroethylene
Lead and Compounds
Chromium and Compounds
Methylene chloride
Methyl ethyl ketone
Trichloroethane
Xylenes
Toluene
Mercury and Compounds
Cadmium and Compounds
Carbon tetrachloride
Cyanides .
33/50 REDUCTION COMMITMENTS
NUMBER OF COMMITMENTS
TO THE 33/50 PROJECT
JOHReducliOft
by IMS
Reduction
CommilnicoK
IMS (But \mi) Hovtmb.r. IMI
Hcdyctioo CMnmiinmi Vtrjut 1911 BBMIMI
^l^l vn wn
Ni«k«r of Cooiptniei ComBlll td la it I SO
Through the 33/50 Project, the Agency has opened new channels of communication and
prompted action in industry. By November of 1992, more than 1,000 companies had
committed to the 33/50 Project. These commitments add up to a projected reduction of about
350 million pounds of toxic pollutants by 1995. Many companies have gone beyond the
basic program, extending their commitments to cover overseas facilities and additional
chemicals or developing comprehensive pollution prevention management plans. Several
EPA regional offices are also working to reduce emissions of chemicals beyond the original
33/50 list and of special concern in their communities.
23
-------
OPPTS
STATE AND REGIONAL ENHANCEMENT
FY1992 Fourth Quarter Progress Report
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 carrying out Second Generation Chemical Programs (e.g., TRI,
33/50, and components of the Lead (Pb) Strategy).
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 audi's, regional representatives ensure that asbestos training
programs meet EPA Model Accreditation Plan criteria.
Currently, 48 states have s>me type of
accreditation program for asbestos
abatement professionals. Twenty-nine of
those states have accreditation programs that
EPA has fully approved across all
disciplines; eight additional states have
programs that EPA has partially approved in
one or more disciplines. During FY 1992,
four states joined die list of states with fully
accredited programs: Maryland, Nevada,
New Hampshire, and Vermont. Only
Wyoming and Arizona have no accreditation
programs.
STATE ACCREDITATION PROGRAMS
FuHAHERA Approval
Partial Approval
Without Approval
Without Program
Regions actively continue to encourage state participation in asbestos enforcement,
decentralization, and accreditation activities. Major successes have occurred in developing
asbestos accreditation programs: EPA granted full accreditation to 15 states during the past
two years. A barrier to full asbestos program decentralization in several regions is the
unwillingness of states to incur major financial liability 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 funnelled directly into a state general fund.
Regional 33/50 And Toxic Release Inventory (TRI) Activities
The objective of this narrative measure is to highlight regional 33/50 and TRI activities;
every region (except RIV) reported activities in this area during FY 1992. TRI workshops
and industry outreach have been a major theme in most regions this year. Efforts to
publicize innovative and creative ways of using and accessing TRI data include a newsletter
in RIII and public presentations in a number of regions. Pollution prevention was a topic on
many TRI workshop agendas this year; the regions devoted considerable effort in
introducing, distributing, and explaining the new Form R reporting package.
24
-------
FY1992 Fourth Quarter Progress Report
OPPTS
Sessions on 33/50 were incorporated widely into TRI workshops. There were presentations,
conferences, workshops, and meetings throughout the regions devoted exclusively to 33/50,
as well; many of these resulted from collaborative efforts between regions, between regions
and states, and between regions, states, and industry. All regions report actively soliciting
33/50 commitments along with receiving and responding to many inquiries from facilities
and corporations about 33/50 and pollution prevention. Most regions have developed and are
working with a network of state coordinators to help steer 33/50 efforts. Some regions report
pursuing a geographic focus in their efforts to obtain 33/50 commitments and some are
obtaining commitments beyond the 33/50 chemicals to cover the broader range of TRI.
Regional Initiatives And Outreach Activities
This optional narrative measure provides regions an opportunity to highlight regional
initiatives and innovative regional projects. Each region (except RTV) used this measure over
the course of the year. By region, the following captures some of the year's highlights:
FY 1992 REGIONAL INITIATIVES AND OUTREACH ACTIVITIES
Region I developed a draft Pb strategy focusing on
reducing the risk associated with lead exposure in
the urban environment. The Region and the State of
Rhode Island coordinated the First Northeast
Regional Asbestos Reciprocity Workshop and other
meetings are planned; these meetings may establish a
foundation for implementing Pb accreditation issues
as well as the Asbestos worker issue. Region I, along
with industry, co-sponsored a "How to Clean Green"
Dry-cleaning and the Environment conference. The
PCB program implemented a targeting mechanism
for Public and Commercial buildings; the approach
resulted in a 60% non-compliance rate for facilities
inspected. Two outreach workshops were conducted
on the new and existing chemicals programs under
TSCA with HQ representatives participating.
Region n is conducting 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. The Region
plans to continue its pilot enforcement program
(under which the Region can both issue and close
Civil Administrative Complaints) as an ongoing
component of TSCA/EPCRA enforcement; the
program has been very successful and a number of
other regions are inquiring about the pilot.
Region ffl 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; a tangible result of this
effort is the "TRI Connection: Reachout PA"
newsletter the Region forwarded to HQ for
publication and distribution. The first Region
Ill/State TSCA/CAA Asbestos Integration
Conference was held; attendees included AHERA
and NESHAP representatives. 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.
Regional EPCRA inspectors attended a 3-day
Pollution Prevention Workshop conducted under the
auspices of the Region's Office to Pollution
Prevention.
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 all Region V utilities within the Great
Lakes Basin. The voluntary program aims to
eliminate PCBs from the Region's Great Lakes Basin
facilities by the year 2000.
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. The Region also reports conducting inspections
along the U.S./Mexican Border, the inspections
include TSCA PCB inspections along with education
on TSCA regulations for border inspectors.
(continued)
25
-------
OPPTS
Region VII conducted four PCB outreach
presentations during fourth quarter. The Region also
presented PCB information to the annual meeting of
the Missouri Association of Electric Cooperatives.
Region VHI conducted multi-media inspections
involving EPCRA and TSCA personnel 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 IX 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. The Region is also
targeting outreach activities in an effort to raise
public awareness to the risks of Toxics in the
FY1992 Fourth Quarter Progress Report
environment: raising public awareness served as the
primary theme for the FY 1992 Region DC/States
Toxics Conference.
Region X Toxics staff are working with Pollution
Prevention staff on the Green Lights Program. The
specific area of involvement has been in addressing
the problem created by the huge numbers of PCB
light ballasts now being disposed of in municipal
landfills as a direct byproduct of the switch to more
efficient lighting induced by Green Lights. Because
of the wa-' PCB regulations address small capacitors,
large fecJities changing out ballasts can send even
thousands of pounds of PCBs to landfills (where it is
not pro'iibited locally). The Region is attempting to
develop a pilot ballast disposal program in
cooperation with states, localities, BPA» and utilities.
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
160
ISO
140
1)0
120
110
100
90
REGISTRATION
ACTIVITIES
N»w Ac tin lHgr»di»nti
OPP focuses registration activities measures
on maximizing productivity under the
auspices of FIFRA. These measures
represent a significant portion of OPP HQ
activities. During FY 1992, OPP made the
following final decisions to register a new
chemical or biological, or to amend or add a
new use for an existing chemical: 1,014 old
chemical final decisions against a target of
1,375; 3,398 amended registration
applications exceeding a target of 2,500;
and, 41 new use application decisions
against a target of 50. The Office registered
14 new active ingredients during the year
against a target of 10. Registration activity performance between FY 1991 and FY 1992 is
quite consistent except for old chemicals where the absolute number of final decisions (1,014
vs. 1,566) is down by 35% in FY 1992.
FY1990
FY1991
FY1992
26
-------
FY1992 Fourth Quarter Progress Report
OPPTS
The number of actions pending (backlog) at
the end of the year for old chemicals and for
amended registrations is down significantly
compared to the previous two years. At the
end of FY 1992, there were 269 old
chemical final decisions pending (37%
lower than at the end of FY 1991) and 668
amended registration actions pending (39%
lower than FY 1991). There were 133 new
use actions overdue at the end of FY 1992;
FY 1991 and FY 1990 each ended with 104.
Pesticide Tolerance Petitions
2500
2000
500
REGISTRATION BACKLOGS
(End of Fiscal Year)
OU ChtBicib A««ndtd Kigiitriliooc
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 15 tolerance petitions
against a target of 16 during fourth quarter. Cumulatively, OPP completed 62 final decisions
on tolerance petitions during FY 1992 against a target of 50.
Emergency Exemptions For Pesticides
A federal or state agency grants an
emergency exemption 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 fourth quarter, OPP made 75 final
decisions: the Office granted 59 exemptions
(79%) and denied 16. OPP granted 254
(89% of the decisions made) and denied 33
emergency exemptions applications during
FY 1992.
Pesticide Special Reviews
400
300
200
no
PESTICIDE
(344) EMERGENCY EXEMPTIONS
Applications
granted, as a %
of final decisions,
remained fairly
constant over the
past three years.
FY B90 FY »9I FY 1992
fl Granted EH Denied
A Special Review is a review of an active- ingredient for which data show a potential for
unreasonable adverse effects on public health or the environment. In FY 1992, OPP
completed ten special reviews against a cumulative target of eight; the program has
consistently met or surpassed its target for special reviews over the past three years (15
against a target of 13 in FY 1991 and 10 against 10 in FY 1990). During fourth quarter, OPP
reported completing four special reviews:
2.4-D
Negotiated agreement. In September, 1992, EPA, the State of California, and registrants agreed to
risk reduction measures for 2,4-D including label amendments and educational programs. The label
27
-------
OPPTS
FY1992 Fourth Quarter Progress Report
revisions include requirements for additional protective clothing, revision of directions for use,
addition of hygiene statements, and (field) reentry restrictions.
TELONE C1.3-dichloropropene)
Negotiated settlement. In September, 1992, EPA and the registrant agreed to risk reduction measures
for Telone. The measures aim at lowering exposure through, for example, lower application rates,
the use of closed loading systems, and the use of devices to prevent spillage.
AMTTROLE (3-anuno-1.2.4-triazole)
Preliminary Determination To Terminate Special Review (FR 57:46448). This notice (9/92)
announced the proposed decision to terminate the Special Review of Amitrole. Since the Agency
initiated the Review in 1984, has taken actions to reduce worker exposure; in addition, tb registrant
voluntarily canceled homeowner uses. As a result of the exposure reduction measures, thr risks from
Amitrole no longer exceed the benefits.
DAMINOZIDE f2.2-dimethvlhvdrazine)
Notice of Final Determination for Non-Food Uses and Termination of the Dami'ozide Special
Review (FR 57:46436). This notice (9/92) concluded the Special Review of the non-food uses of
Daminozide and announced the Agency's decision to retain these registrations without requiring
modification to the label.
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.
Data-Call-ins (DCIs)
As part of the reregistration process, OPP
reviews information submitted to support
current registration of pesticide chemical
cases for adequacy based on Pesticide
Health Assessment Guidelines. Inadequate
submissions must be resubmitted to the
Agency in response to a DCI. During fourth
quarter, OPP completed 58 DCIs (13 were
follow-up DCIs) bringing the year's total to
97 against a cumulative target of 91; the
Office forwarded all 9 DCIs to registrants.
DATA CALL-INS COMPLETED
250
OPP met its target
for DCI completions
in FY 1992 but both
the target and pro-
gram output is less
than that of the
previous year.
FY1990 FY1991 FY1992
(«) Dtti C*U-fcu Cwnpkttd
The program exceeded its FY 1992 target
for DCI completions by 7%; this is the first time OPP met the DCI target in the past three
years. In FY 1991, OPP completed 74% of its target (159 DCIs against 216) and, in FY
1990, 25% of the target was met (27 completions against a target of 106).
28
-------
FY 1992 Fourth Quarter Progress Report
Reregistration .Eligibility 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 FY 1992, the universe of
registrant supported cases requiring review
was 407. Congress has mandated that EPA
complete these reviews by the end of 1997;
to date, the Agency has issued 28 REDs. Of
the 28 REDS completed, 10 have been from
List A; pesticides on this list have the
highest priority for reregistration review.
OPPTS
CURRENT STATUS OF REREGISTRATION
500
_ 400
a
1 300
§.
200
At the end of FY 1992. 28
REDs had been completed
out of a universe of 407 sup-
ported cases. Ten List A
REDs had bean completed
out of a List A universe of
151 supported cases.
(407)
[93%
lit A LalB lilC LatD
HI Awiing DiU/Dill In Review
H REDi Completed
ADLiiti
WHAT ARE PESTICIDE LISTS A, B, C, D?
List A
ListB
ListC
ListD
The List A pesticides are primarily food use chemicals. They include approximately
80% of the total volume of food use pesticides subject to reregistration.
List B contains less significant food use pesticides, outdoor non-food use and indoor
use pesticides.
List C contains antimicrobials including disinfectants and wood preservatives.
List D contains other outdoor and indoor uses, antimicrobials, and microbial
pesticides.
During FY 1992, OPP completed a total of 15 REDs against a target of 16; in FY 1991, the
office completed 13 REDs against a target of 15. The Office has targeted an additional 20
REDs for completion in FY 1993. While completion of REDs has been measuring up well to
annual goals, the 1995 deadline for reviewing all 407 supported chemical cases is looking
increasingly unrealistic.
During fourth quarter, OPP completed 10 REDs against a target of 9. The Office published
REDs or took appropriate regulatory action for the following chemicals:
Total # of Total # of Products
RED Name (Chemical) List Chemicals Covered Covered
Streptomycin
Chlorinated Isocyanurates
DBA
Coco-Alkylamine
Ethylene
A
A
B
C
C
2
5
1
1
1
26
741
31
3
8
(continued)
29
-------
OPPTS
(continued)
FY1992 Fourth Quarter Progress Report
Total # of Total # of Products
RED Name (Chemical)
Bone Oil
Zinc Salt
Sodium Hydroxide
Soap Salts
Nosema Locustae
List Chemicals Covered
C
D
D
D
D
1
2
1
2
1
Covered
2
7
9
25
6
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 fourth quarter, regions reported that 49 states (plus the District of Columbia
and Puerto Rico), 1 territory, and 1 federally recognized tribe had applicator training
programs that include information on worker protection, endangered species, and ground
water initiatives.
During FY 1992, measures reporting the number of worker protection programs submitted,
approved, and implemented were contingent upon publication of final worker protection
standards. The Agency published the revised Worker Protection Standard in the Federal
Register on August 21, 1992; worker protection program data will be available in FY 1993.
Pollution Prevention (Ground Water Protection)
During FY 1992, all states, Puerto Rico, the District of Columbia, 5 territories, and 4 tribes
accepted federal funds for ground water protection activities including aquifer vulnerability
assessments and outreach programs to industry and communities. At the end of fourth
quarter, regions reported that 48 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 issuance of the Pesticides State Management Plan
Guidance, which is an element of the Pesticide and Ground Water Strategy.
30
-------
FY1992 Fourth Quarter Progress Report
OPPTS
OFFICE OF COMPLIANCE MONITORING
During FY 1992, the regions and Headquarters (HQ) settled 161 cases that had
environmentally beneficial expenditures (EBEs) included among the settlement conditions.
In FY 1991, the first year that OCM reported EBEs in STARS, the regions and HQ settled
136 cases that included EBEs. In FY 1992, there were 74 TSCA cases, 71 EPCRA cases,
and 16 FIFRA cases. The ratio of the cost to the respondent versus the associated penalty
reduction was approximately 6 to 1 for both TSCA and EPCRA, and 2 to 1 for FIFRA. Of
the 231 individual settlement terms identified as EBEs, 58 related to disposal activities and
73 related to source reduction (pollution prevention).
FEDERAL INSECTICIDE, FUNGICIDE, AND RODENTICIDE ACT (FIFRA)
Inspections And Compliance Levels CState Data Is Lagged One Quarter)
Through third quarter, FY 1992, states completed 21,522 use and restricted use inspections.
They completed 133% of their state grant targets. At the same time in FY 1991 they had
completed 152% of their target and, in FY 1990, 199% of their target.
Through fourth quarter, FY 1992, Regions VII and VIII (the only regions with non-delegated
programs), completed a total of 405 use and restricted use dealer inspections, achieving
134% of their target. They completed 110% of their target in FY 1991 and 105% in FY
1990.
Addressing Significant Noncompliance (SNQ
Regions and HQ had a total of 232 FIFRA SNC violations that were either unresolved
entering FY 1992 or identified through fourth quarter of FY 1992. At the end of fourth
quarter, 59 cases were issued within 180 days and 173 were issued beyond 180 days. One
hundred six cases were closed by the end of FY 1992. [Note: All SNCs are listed together
(current & previous years) and they are not targeted.]
Enforcement Activity
In FY 1992, the regions issued 311 administrative complaints compared to 299 in FY 1991 and
402 in FY 1990. Eleven FIFRA criminal cases were referred to DOJ in FY 1992 compared
to 2 in FY 1991 and 1 in FY 1990. In FY 1992, 6 civil cases were referred to DOJ compared
to one in FY 1991 and five in FY 1990.
TOXIC SUBSTANCES CONTROL ACT (TSCA)
Inspections And Compliance Levels
In FY 1992, the regions and HQ completed 1,734 TSCA compliance inspections, achieving
103% of their annual target. They achieved 114% of their target in FY 1991 and 110% in
31
-------
OPPTS
FY1992 Fourth Quarter Progress Report
FY 1990. States with inspection grants conducted 2,179 inspections, or 107% of target, in
FY 1992; they achieved 90% of target in FY 1991 and 101% in FY 1990.
Response To Significant Noncompliance
The regions and HQ had a total of 524 TSCA violations that were either unresolved entering
FY 1992 or identified through fourth quarter of FY 1992, At the end of fourth quarter, 129
actions were issued within 180 days and 395 issued beyond 180 days. One hundred
seventy-two were closed by the end of FY 1992. For Federal Facility SNC's, 31 violations
were outstanding at the end of fourth quarter; 15 were issued with 180 days and 16 beyond 180
days. Fifteen cases were closed by the end of fourth quarter. [Note: All SNCs are listed
together (r urrent & previous years) and they are not targeted.]
Enforcement Activity
In FY 1992, the regions and HQ issued a total of 355 TSCA administrative complaints
compared to 424 in FY 1991 and 531 in FY 1990. Nine civil cases were referred to DOJ in
FY 1992 compared to 12 in FY 1991 and 6 in FY 1990. In FY 1992, 4 criminal cases were
referred to DOJ compared to 3 in FY 1991 and 4 in FY 1990.
EMERGENCY PLANNING AND COMMUNITY RIGHT-TO-KNOW ACT (EPCRA)
Inspections And Compliance Levels
In FY 1992, the regions completed 774 EPCRA inspections achieving 130% of their target.
The regions completed 110% of their target in FY 1991, and 106% in FY 1990.
Response To Significant Noncompliance
The regions and HQ had a total of 293 EPCRA SNC violations that were either unresolved
entering FY 1992 or identified through the end of fourth quarter. At the end of fourth
quarter, 95 cases were issued within 180 days and 198 issued beyond 180 days. One
hundred forty-three were closed by the end of the year.
Enforcement Activity
In FY 1992, the Regions and HQ issued 134 EPCRA administrative complaints, hi FY 1991,
they issued 179 administrative complaints and, in FY 1990, 206 were issued.
32
-------
FY 1992 Fourth Quarter Progress Report
OSWER
OFFICE OF SOLID WASTE AND EMERGENCY RESPONSE
INTRODUCTION
The Office of Solid Waste and Emergency Response'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. This report organizes OSWER's
progress by environmental problem area:
Solid Waste,
Hazardous Waste,
Superfund,
Accidental Releases, and
OH,
with associated goals and objectives from the
OSWER Strategic Plan.
OSWER MAJOR PROGRAM OBJECTIVES
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.
SOLID WASTE
MINIMIZE THE QUANTITY AND TOXICITY OF WASTE
Increase Source Reduction Activities
OSWER has been working with Public Private Partnerships to promote source reduction.
In July, the Office of Solid Waste (OSW) assessed operations at the Federal
Correction Facility in Petersburg, VA, looking for pollution prevention
opportunities as a model for all 70 federal prisons. Ways to reduce waste were
indentified in cable manufacturing, wood, and solid waste.
In August, recycling posters, jointly designed by EPA and the U.S. Postal Service
(USPS), went on display in post offices across the nation to urge the public to
"Reduce - Reuse - Recycle". This complemented efforts to promote recycling to
children in 7,000 schools through the USPS "Wee Deliver" literacy program.
In August, Administrator Reilly and the Edison Electric Institute announced a
cooperative effort with manufcaturers of lawn care equipment to reduce mower
emissions and leave lawn clippings on the lawn.
33
-------
OSWER
FY 1992 Fourth Quarter Progress Report
Increase Markets for Secondary Materials
OSWER has worked to stimulate demand for recyclables by the public and private
sectors.
Federal Agency Recycling and the
Council on Federal Recycling and
Procurement Policy were estab-
lished by Executive Order 12780
(10/ 31/91) which required each
federal agency to provide an
affirmative procurement program to
the EPA by April 30,1992.
FEDERAL AGENCY RECYCLING
In September, OSW met with OMB's Office of
Federal Procurement Policy, the Federal Recycling
Coordinator, and several federal agencies to:
Provide a forum for evaluating affirmative
procurement program reports submitted by federal
agencies; and
Develop a "checklist" to assist in designing and
implementing programs to increase federal
government purchases of products made from
recycled materials.
In September, OSW joined the
press conference of the Buy
Recycled Business Alliance which
includes 25 of the nation's top
businesses. Their goal is to recruit 5,000 companies within two years to buy
recyclables.
Drawing on EPA technical support on the use and meaning of terms such as
"environmentally friendly", the Federal Trade Commission (FTC) issued guidelines
in July for industry use when making claims about the environmental attributes of
their products.
ENVIRONMENTALLY SOUND MANAGEMENT
Appropriate Management of Industrial Wastes
Available data indicate that some industrial non-hazardous waste may present a higher
potential for risk if not properly managed than other industrial non-hazardous wastes.
Four major industries that generate non-hazardous waste have been targeted by
OSW for data gathering on their waste characteristics: chemicals, primary metals,
petroleum refining, and pulp and paper.
Proper Management of Municipal Waste
Federal criteria for municipal landfills (location, design and operating standards, ground
water monitoring, corrective action, closure, post-closure care, and financial assurance
requirements) will apply to municipal solid waste landfills after October 9,1993.
Four states and regions (Connecticut - Region I, Virginia - Region III, Wisconsin -
Region V, California - Region IX) participated in a pilot State/Tribal
Implementation Rule (STIR) project which identified several ways to streamline the
permit approval process.
Virginia and Wsiconsin have received tentative approval of their municipal solid
waste landfill programs.
34
-------
FY 1992 Fourth Quarter Progress Report
HAZARDOUS WASTE
OSWER
ENVIRONMENTALLY SOUND MANAGEMENT
More Effective and Rational Resource Conservation and Recovery Act CRCRA1 Subtitle
C Program
State Authorizations
The Agency authorizes states to manage hazardous waste programs to increase the
effectiveness of state programs.
ALMOST ALL STATES ARE AUTHORIZED FOR THE RCRA BASE PROGRAM,
60% ARt£ AUTHORIZED FOR THE RCRA MIXED WASTE PROGRAM, AND
30% ARE AUTHORIZED FOR THE CORRECTIVE ACTION PROGRAM
KEY
I | Not Authorizec
Base Program
M Mixed Waste
C Corrective Action
D.C.
|M| Guam
Trust Territories
Puerto Rico
LZ3 Virgin Islands
I I American Samoa
California received final authorization for the RCRA Base, Mixed Waste and
Corrective Action programs in July 1992. The Base program, under which the
states and territories issue operating permits and approve closure plans and post-
closure permits, now covers 46 states plus the District of Columbia and Guam, out
of the 56 states and territories.
About 60% (32) of the states and territories are authorized for the RCRA Mixed
Waste program, which covers radioactive waste mixed with hazardous waste.
About 30% (16) states are authorized for the RCRA Corrective Action program
which gives states and territories authority to remediate hazardous waste facilities.
Three states were authorized this quarter (California, Arizona, and North Dakota)
joining 13 other states (New York, North Carolina, Arkansas, Wisconsin, Nevada,
Idaho, Utah, Colorado, Texas, Minnesota, Illinois, Georgia, South Dakota) which
were previously authorized.
35
-------
OSWER
FY 1992 Fourth Quarter Progress Report
LANDFILLS ARE CLOSING WHILE
STORAGE & TREATMENT FACILITIES
ARE BEING PERMITTED
Closures
Approved 1,252
(mostly landfills)
1400
T
1200 ..
Permitting and Closure
For a universe of 5,200 treatment, storage and
disposal facilities, this year the regions and states:
Issued 130 permits (denying 15) and 79
permit modifications (denying three).
Approved new closure plans for 255
facilities, arid certified closure for 212
facilities (reported in STARS for the first
time).
Received post-closure permit Part B
Application call-ins for 59 land disposal
facilities; issued public notice of intent to
approve/deny post-closure permits for 23
closed facilities, and issued 43 final post-
closure permit determinations.
* Ranked 3,281 facilities for environmental priority (high, medium, low). Ranking
helps identify those facilities which need attention first.
Certified that 175 owners/operators of boiler-and-industrial furnaces,
including 40 cement facilities, either had completed emissions testing to
document compliance with standards, or received time extensions.
Corrective Action
About 80% of the 5,200 RCRA facilities need corrective action. Through fourth quarter,
the regions:
FY89
Prioritized about half (2,159) under the National
Corrective Action Prioritization System (high,
medium, low) to determine the priority for
remediating these facilities.
Evaluated 939 facilities (almost double the 513
targeted) to determine the need for stabilization
measures. These measures are to quickly stabilize
emergency situations at facilities needing corrective
action.
Reported that stabilization measures were underway
at 60 high-priority facilities.
Reported the number of facilities in three stages of
corrective action (see box).
REMEDY IMPLEMENTATION
STARTS 3+ YEARS AFTER
INFORMATION COLLECTION
300 T
200
TOO.
50
Information
Collection
Remedy
Development
Remedy
implementation
FY92
36
-------
FY 1992 Fourth Quarter Progress Report
OSWER
Maximize the Efficacy of the Enforcement Program
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.
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 FY 1992, EPA and the states (combined) performed well on yearly inspection
targets, completing inspections of:
1,168 land disposal facilities (119% of their target of 984);
1,602 treatment, storage and disposal facilities (128% of the target of 1,252);
423 federal, state and locally owned/operatid treatment, storage and disposal
facilities (98% of the target of 430); and
6,102 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 year, the RCRA program reported:
737 handlers in SNC that are High Priority Violators, having been addressed by a
formal enforcement action but not returning to full compliance; and
571 handlers in SNC which have not had a formal enforcement action within 135
days of an inspection, record review or other compliance monitoring event.
37
-------
OSWER
FY 1992 Fourth Quarter Progress Report
RCRA FACILITIES RETURN TO COMPLIANCE SLOWLY
Several new measures were added in FY 1991 to track the number of facilities in SNC returned to
compliance. There were about 1,700 facilities in SNC (about one-third of the universe of RCRA
permitted facilities) at the beginning of FY 1992 as a result of an inspection, record review, or other
compliance monitoring event conducted prior to October 1.1988. Of the facilities in SNC as of October
1, 1991:
Five handlers were retume I to compliance without a formal enforcement action during FY 1992.
15 facilities in SNC had a ibrmal enforcement action and returned to compliance with all violations
which had caused them tr be in SNC; and
36 were currently undergoing legal proceedings at the end of the year.
Enforcement Activity
During FY 1992, EPA:
Referred 40 RCRA civil cases to the DOJ (compared to 34 last year); and
Referred 52 criminal cases to the DOJ (compared to 36 last year, and 22 in FY
1990).
The states:
* Reported 10 criminal actions; and
Reported 112 civil actions.
EPA issued 291 formal enforcment actions compared to 364 last year, and the states issued
1,390 administrative actions compared to 1,495 in FY 1991.
38
-------
FY 1992 Fourth Quarter Progress Report
SUPERFUND
OSWER
ENVIRONMENTALLY SOUND MANAGEMENT
Make greater use pf 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.
Some 18 sites in the Remedial
Investigation/Feasibility Study (RI/FS)
stage were nominated for demonstration
projects under the Superfund Innovative
Technology Evaluation Program.
Region IX, ORD, and the Department of
Energy hosted the Fourth Forum on
Innovative Hazardous Waste Treatment
Technologies in November, attended by
1,400 participants from home and abroad.
Showcased were innovative treatment
technologies for contaminated soil and
ground water.
INNOVATIVE TECHNOLOGIES TAKE
ABOUT 2-3 YEARS TO GET STARTED
100 T
80-. ^"^
tJBT Accepted for Testing
40 tr ** --
20 , *" Initiated
+
FY89
FY90 FY91
FY92
Ensure the long-term effectiveness of response actions under Superfunc.
The Superfund Amendments and Reauthorization Act (SARA) of 1986 increased the
emphasis the 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 the end-of-year, the regions:
Completed 149 National Priority List
(NPL) sites through fourth quarter
against the national target of 130 sites
by the end of FY 1992. Superfund
expects to complete 200 NPL sites by
the end of FY 1993.
Completed 88 final remedial actions
(RAs) at sites.
149 NPL SITES WERE COMPLETED,
15% OVER GOAL ,
^200
200
150
100
50
140
Actual
Planned
63
- Superfund Accelerated Cleanup Model
will have pilots in each Region in FY93.
Q4.91
I
Q2.92
I
Q4.92
1
Q4.93
39
-------
OSWER
FY 1992 Fourth Quarter Progress Report
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 to
increase the efficiency and effectiveness of cleanup, OSWER plans to:
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 650 PAs under the EPI. Regions I and V together
accomplished 43% of the PAs completed in FY 92
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.
There was a big shift toward
completing cleanups this year:
more RA contract awards and
completions, and more site
completions.
Activities were shifted to complete
cleanups this year: fewer site
investigations and Records of
Decision (RODs).
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.
Fourth quarter Superfund activity summary:
PIPELINE STAGE
Site Investigations
RI/FS + Removals
RODs
RD Completions
RA Contract Awards
RA Completions
Site Completions
Q3
Actual
889
17
42
72
40
48
101
EOY
Actual
1,345
35
120
121
101
88
149
EOY
Target
1,044
34
126
123
83
77
130
EOY One
Year Ago
2,055
38
177
133
55
67
63
Comments
Target surpassed for several years
Activity consistent with previous quarters
Large 4trt quarter effort
Activity consistent with previous quarters
Large 4th quarter effort
There may be more than one RA per site
Large 4th quarter effort
40
-------
FY 1992 Fourth Quarter Progress Report
OSWER
Timeliness of Response
One of OSWER's objectives is to clean up sites
faster. For FY 1992, STARS cracks the timeliness
of certain Superfund activities, providing key
information about efforts to continually improve
the speed of remedial response development. The
regions reported in fourth quarter that, on average
it took:
3.5 quarters from Record Of Decision
(ROD) to Remedial Design (RD) start,
essentially unchanged since first quarter;
and
9.3 quarters from ROD to Remedial Action
(RA), down one full quarter by end-of-year.
QUARTERS SICE STARTS OF RESPONSIBLE PARTY SEARCH
12 14 IS II 28
This segment of the enforcement timeline
illustrates the generic schedule of remedial and
enforcement activities against which cir.rem
activity may be compared. Due to space
.imitations, some stages of the process have been
omitted. From the Enforcement I'reject
Management Handbook, OSWER, 1989.
Superfund has developed an accelerated cleanup model which it intends to pilot in the
.regions in FY 1993. However, there will be no STARS measures of timeliness in FY 1993.
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.
Increase Cleanups at Federal Facilities
In January 1991, a federal court ruled that EPA had until July 1992 to complete
Preliminary Assessments at federal facilities, and one year after that to determine if any of
the sites should be placed on the NPL. As of February 1991, this included about 50
facilities.
Some federal facilities like Hanford in Washington, and Rocky Flats in Colorado,
are already on the NPL. Federal facilities, especially those managed by the
Departments of Defense and Energy, may be particularly difficult to cleanup.
Due to OSWER reductions of measures, Preliminary Assessments are no longer
tracked in STARS.
41
-------
OSWER
FY 1992 Fourth Quarter Progress Report
Maximize the Efficacy of the Enforcement Program
RD/RA Settlements
During FY 1992, the regions:
Referred 50 consent decree under
§106, 107 & 122(d) for Principal
Responsible Parties (PRPs) to
conduct or pay for RD/RA;
* Issued 45 §106 Unilateral Adminis-
trative Orders (UAOs) for RD/RA ,
(against a target of one) to compel
PRPs to conduct RD/RA (without
settlement).
Made two §106 or §106/107
injunctive referrals to compel PRPs to
conduct RD/RA (without settlement).
RD/RA Negotiations Process
The average time for ROD-to-RD/RA
negotiation completion was 20 quarters at the
end of the year, compared to 27 quarters
at the end of the first quarter.
Cost Recovery Referrals
During the first three quarters, there were 75
§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
$297 million.
SUPERFUND ENFORCEMENT STRATEGY
Use enforcement authorities to compel PRPs
to participate in the Superfund process;
Manage the RD/RA negotiation process
wiihin the timeframes established under
§122;
Maximize cost recovery to the Trust Fund '
and working toward achieving the
Management by Objec'JveGoalof$300 >
million in FY 1993;
Use RD/RA settlemert tools, including
unilateral administrar've orders, dem|njmjs
and mixed funding s elements;
Referral of treble damage cases, referral of
cases against non-settlors and penalty
authorities; and
Close inter-agency and intra-agency
coordination in the settlement process.
300 j
250 ..
200 -.
150 ...
TOO -
50 -.
0
SUPERFUND
$ VALUE OF COST RECOVERY
$ millions $297
FY92 Goal was $300 million;
Actual is within 1% of goal.
GO
LL.
00
CO
oo
O t-
-------
FY 1992 Fourth Quarter Progress Report
OSWER
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
tiese risk management programs. Through fourth quarter, the regions reported:
1,479 Accidental Release Information
Program (ARIP) questionnaires sent
out to facilities with substance
releases, and
1,205 or 82% ARIP questionnaires
returned (more than half of these
were in Region V, VI, and IX). These
questionnaires are reasonably
thorough in dealing with substance
releases.
51 chemical safety audits were
conducted in response to ARIP
questionnaire information.
ARIP QUESTIONNAIRES RETURNED WERE
82% OF SENT OUT THE LAST TWO YEARS
2000 _
^ " JSent Out
1500
1000
500
FY89
Chemical Safety Audits Done
90
91
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 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. Through the fourth quarter, the regions:
Conducted 118 after-incident evaluations (compared to 117 last year).
Investigated 1,004 potential violations (more than triple their end-of-year target of
317 ), with many of these in Region IV.
Referred 124 administrative penalty complaints (exceeding their target of 72) and
25 administrative non-penalty orders to the Offices of Regional Counsel.
43
-------
OSWER
FY 1992 Fourth Quarter Progress Report
PREPARE FOR AND RESPOND TO HAZARDOUS RELEASES
Improve the preparedness of federal, state, and local entities to respond to releases of
petroleum and hrdous 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
Complrehensive Environmental Response, Compensation, and Liability Act (CERCLA)
and Emergency Planning and Community Response Act (EPCRA).
Computer Aided Management of
Emergency Operations (CAMEO) is a
tool for helping local fire departments
and state and local emergency
management offices to plan for and
respond better to releases. It is used
by over 200 cities and counties.
Regions provided 731 technical
assistance and training activities
(almost double their end-of-year
target of 370). Region IV carried out
19% of the technical assistance and
training activities.
CAMEO
CAMEO is used to:
Identify the locations of chemical facilities and
types and quantities of chemicals stored;
Define the physical area that the chemicals may
threaten: and
Report releases of certain toxic chemicals under
Sect.313 of SARA Title III.
CAMEO provides tools including:
Information on >3,000 chemicals;
Mapping capability to locate the facility; and an
Air dispersion model to help evaluate spills.
HURRICANE ANDREW RESPONSE
In September and October, Regions IV and VI responded to damage caused by Hurricane Andrew
in Florida and Louisiana, coordinated under the Federal Response Plan. On Scene Coordinators
in Region IV conducted 34 site assessments for hazardous substances or oil. Of these:
15 required federal response action; and
19 remaining either did not warrant response or were handled by a responsible party.
44
-------
FY 1992 Fourth Quarter Progress Report
OW
OFFICE OF WATER
INTRODUCTION
During the fall of FY 1992 , the Office of Water (OW) began a strategic planning process
that would link OW's decision-making, budgeting, and management processes. OW
anticipates the development of a "master strategy"; a vision statement, mission statement,
goals, principles, and major strategic directions by December 1992.
This report provides information on end of the year (EOY) progress made against priorities
expressed in the draft FY 1994-1997 strategic plan, "The Water Planet III", and the FY
1992 Agency Operating Guidance (AOG) as they are articulated as activity measures in
STARS.
RIVERS, STREAMS, AND LAKES
Hie goal for these natural resources is to
fully support aquatic life and wildlife uses,
fish consumption uses, recreational uses,
and where appropriate, water supply uses.
As described below, some of the most
important activities in support of these
objectives were tracked in STARS for
FY1992.
Objectives arc:
to increase the percentage of waters fully supporting
aquatic life uses in targeted water;
to reduce pollutants in targeted waters; to reduce
and ultimately eliminate the discharge of bioacc-
umillative 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.
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 conven-
tional 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.
45
-------
ow
FY 1992 Fourth Quarter Progress Report
NPDES permits issuance by the EPA regions has shown some increase, work done by the
states continues at a slow pace. Improvements in performance can be attributed to an
increase emphasis on permits and may also reflect a change in how the universe of work t is
defined. In prior years the universe was defined to include all expired and expiring permits.
The definition was redefined in fiscal year 1992 to included all permits issued.
NATIONALLY NPOES PREMfT RE-ISSUANCE
IMPROVED MARGINALLY OVER PAST YEARS
S]20
£ 100
% 80
| 60
STATE-NPDES
2
*
o
FY89
FY90
FY91
FY92
NPDES ENFORCEMENT
NPDES PERMITS REISSUED
% TARGET ACHIEVED
EPA-NPDES
I II HI IV V VIVIIVIII IX
Regions III.V and VII have
delegated all permitting to
the states
STATE-NPDES
I II II! IV V VI VII VIII IX X
The principal FY 1992 enforcement objective for the
NPDES program is to maintain high levels of compli-
ance utilizing the SNC / Exception reporting and
enforcement process.
Inspections reported through the end of the fourth
quarter incicate that 6,306 permitees were inspected,
narrowly missing the national target of 6,436. Of the
7,180 total major NPDES facilities, 628 or 9% were in
SNC during the fourth quarter. This, is consistent with
the SNC rate at the end of FY 1991.
Last quarter's exceptions list contained 95 major facilities. During the fourth quarter, 28
returned to compliance , and 26 were subject to enforcement action. The remaining 40
unresolved facilities plus 58 new SNCs added as exceptions during the quarter constitute
the pending balance of 98 facilities.
Through the fourth quarter, EPA issued 1,420 administrative compliance orders, including
74 for failure to implement a pretreatment program and 233 proposed penalty orders for
NPDES violations. This slight decrease (about 12%) in AOs over the prior year is more than
offset by increased State AO activity. Federal civil actions included 57 referrals to the
Department of Justice.
States issued 1,617 orders, including 328 penalty orders. This marks a 20% increase over
FY 1991 State AO performance, when 1,284 orders were issued. State civil actions were
on a par with last year, and include 122 referrals to their State Attorneys General (half by
Region VII), 44 filed in State court, and 139 concluded cases.
46
-------
Construction Grants Funding Has
Dropped To Less Than Half.
Construction Grants
Q State Revolving Fund
47%
FY1992
FY 1992 Fourth Quarter Progress Report OW
Construction Grants & State Revolving Funds
The federal effort to address the nation's
water pollution control needs through the
construction of wastewater treatment
facilities began with the Federal Water
Pollution Control Act Amendments of 1956.
Through the act, the Congress provided the
first grants to local governments for con-
structing wastewater treatment facilities. The
Clean Water Act, (CWA) 1972 amendments
formally created the Construction Grants
Program (CG), increased the federal share of
costs from 55% to 75%, and established the federal government as the leader of the water
pollution control effort. Concerns were then raised in the 1980s about the efficiency of
providing grants to finance local facilities, particularly in times of federal budget restraint.
In response to those concerns, the 1987 amendments to the CWA created the State Water
Pollution Control Revolving Fund Program (SRF). The 1987 amendments authorized
states to use SRF assistance for wastewater treatment facilities, non-point source pollution
control, and estuary protection projects. Replacing construction grants with SRF was a step
toward more efficient government investment in wastewater treatment and was enthusiasti-
cally embraced by EPA and the states.
The 1987 CWA Amendments provided no additional new monies for construction grant
program funding after FY 1990 but provided new resources for the SRF program. 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. STARS tracks the implementation of this strategy at two key points; administra-
tive completion of a construction grant (all work leading up to a final audit by the Inspector
General), and project closeout of construction grants. Project closeout is dependent on a
complex process, including possible completion of an OIG audit, resolution of debt issues,
and issuance of a closeout letter. To date 9,483 projects have been closed out and 3,806
projects remain to be closed out over the next three fiscal years.
Construction Grant Process
Oblivion Of Fondt (2-3 yen)
N* OaOmyt far SRF A Couaucticn Onaa
CooMmcti«B(3-iym)
Captain (It nailfc*)
Audknd Audit Raokltioa
1 Project
NATIONALLY REGIONS COMPLETED 1,008
CG PROJECT CLOSEOUTS, EXCEEDING
THEIR EOY TARGET BY 135%.
II III IV V VI VII VIII IX X
47
-------
ow
FY 1992 Fourth Quarter Progress Report
MOST REGIONS AND STATES MET OR
EXCEEDED THEIR EOY TARGETS FOR
INSPECTION OF POTWS.
HO
120
100
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 must be performed once during the
five-year term of each facility's permit
An audit or inspection should be
conducted annually. EPA and the
States conduct audits of pretreatment
programs and inspections of pretreat-
ment facilities. Nationally, audit
performance is above levels for both EPA and states. EPA and state work on inspections is
around 91% of target.
STAT1
EPA
IV
VI
VII VM DC
' EPA TMgM for Region IX *» Zero
Storm Water
OW's strategic plan states that pollutants in storm water discharges are leading causes of
impairments to coastal and inland waters. Further, the "National Water Quality Inventory,
1990 Report to Congress" indicates that roughly 30% of identified cases of water quality
impairment are attributable to storm water discharges.
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-pan 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. Pan Two requires quantitative data and a
description of proposed storm water management plans.
1992 Stormwater Permits
Issued
41 individual permits were
issued to industrial facilities.
161 Part One applications Were
submitted to the Agency in
response to a statutory deadline
of October 1,1992.
In FY 1992, STARS tracked 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 was somewhat experimental for this
fiscal year. In FY 1993, the Agency will initiate enforcement and outreach efforts to affected
facilities and municipalities.
48
-------
FY 1992 Fourth Quarter Progress Report
OW
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 per year. The
strategic plan outlines several activities with regard to nonpoint source control, but STARS
measures are limited to reporting in fourth quarter the percentage of state priority water-
bodies with nonpoint source control programs in place.
All regions reporting said their states were at or
above expected levels for active watershed
projects (except Kansas, with 2% of the 5%
target). Nationally, 19% of priority waterbodies
had active watershed projects (some regions not
reporting).
In 1992, OW promulgated regulations that altered the
reporting requirements regarding waterbodies targeted
for total maximum daily load (TMDL) development
(including NFS factors). Lagged reporting is expected
for second quarter of FY 1993.
States in the east have a higher
percentage of priority water-
bo Jes with active watershed
protection programs.
n Regions not
reporting
WATER QUALITY PLANNING, STANDARDS, AND ASSESSMENT
OW's fundamental strategic underpinning across all major resource areas is the develop-
ment 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: toxics criteria and triennial reviews. Data are reported second and fourth quarter.
Toxics Criteria
43 STATES AND 5 TERRITORIES HAVE
APPROVED HUMAN HEALTH ft AQUATIC
LIFE CRITERIA FOR PRIORITY POLLUTANTS
83 Full compliance
The 1992 STARS activity measure tracked
regional approval of state adoption of
aquatic life and human health numeric
criteria for CWA §307(a) priority pollutants
pursuant to §303(c)(2)(B). Water quality
standard Section 303(c)(2)(B) of the CWA,
as amended, requires that whenever a state
reviews water quality standards in accor-
dance with §303(cXl), 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. Although full compliance
was mandated for FY 1991, states had an opportunity to comply prior to the Agency
promulgating water quality criteria (referred to as the National Toxics Rule) for states not in
full compliance. Nationally, out of a universe of 57 states and territories, 43 states and 5
49
-------
ow
FY 1992 Fourth Quarter Progress Report
territories (American Samoa, Guam, Palau, Virgin Islands, and the Commonwealth of
Northern Mariana Islands (CNMI) are in full compliance for aquatic life and human criteria.
Fourteen states including the District of Columbia and Puerto Rico will have water quality
standards promulgated under the Agency's National Toxic Rule. The rule was signed by
the Administrator on December 1, 1992. This is the single largest EPA promulgation in the
history of the CWA.
Triennial Review
The emphasis of these reviews
is the reduction of ecological
risk in critical surface
waterbodies. The require-
ments 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
Twenty-one states were targeted
completed their reviews.
Statt* Completing Triennial Review* with Approved Water
Quality Standard! and Requirements for:
Connecticut - Saltwater criteria, antidegradation policy and
implementation met'iods, wetlands
New York - Sal water criteria.
Virginia - Saltv ater criteria, and antidegradation implementation
methods.
Wisconsin Wetlands.
Arkansas - Biological criteria, anti-degradation policy and implementa-
tion methods, and wetlands.
Colorado - Antidegradation |X>licy and implementation methods.
CNMI Saltwater criteria, coastal/estuarine and wetlands.
Guam- Wetlands.
Oregon - Antidegradation policy and implementation methods, saltwater
criteria and coastal/ estuarine.
waters, but also may include lakes, streams and rivers.
to complete triennial reviews for the FY 1992. Nine states
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.
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 with the states and localities to encourage non-federal
implementation of comprehensive programs. OW strategies tracked in STARS are limited to
the National Estuary Program (NEP) and ocean dumping efforts.
Program objectives include:
increase the percentage of waters fully
supporting aquatic life;
reduce the amount of pollutants
discharged;
decrease the number of waters fully
supporting recreational use; and
reduce the amount of debris in the
marine environment.
50
-------
ow
WETLANDS
FY 1992 Fourth Quarter Progress Report
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.
Regions completed three advance identifications. There were 26 major public
outreach efforts completed in FY 1992 (two-thirds in Regions III and IV). Regions
completed one comprehensive management and planning initiative. Specific details
of these activities were not reported to STARS.
§404 ENFORCEMENT
FY 1992 enforcement priorities identified by the Wetlands program include follow-up of the
enforcement initiatives begun in FY 1991, participation in new, geographically based
enforcement initiatives, and continuation of the expanded use of judicial and administrative
enforcement authorities.
Resolution of Wetlands cases increased
by over 80% since 1989.
ToW I
rym
151 Total Caee* Started
Criminal Referrals
Civil Referral!
Administrative Penalty
Complains Issued
Administrative Compliance
Ofders Issued
Through fourth quarter
Wetlands completed six
geographically targeted
enforcement initiatives (no
change over third quarter),
issued 118 administrative
compliance orders (98 issued
one year ago), and 26 adminis-
trative penalty complaints,
referred 14 cases to the Depart-
ment of Justice (eight civil and six criminal), and resolved a total of 286 cases
(through voluntary compliance or administrative or judicial 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
incidence of contaminated drinking water supplies relying on 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 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.
52
-------
FY 1992 Fourth Quarter Progress Report OW
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 not only
integrates various ground water pollution source control programs, but also includes
ground water data systems, coordinated federal grant assistance to states, and consistent
ground water regulations. EPA's role focuses on assisting states in the development and
implementation of comprehensive programs, which began with a series of national series of
round table discussions with federal and state agencies. The first round of discussions have
taken place. The Comprehensive State Ground Water Protection Program Guidance
document is expected to be issued in final December 1992.
WELLHEAD PROTECTION PROGRAM
OW is increasing emphasis on pollution prevention to complement its water quality
programs. The wellhead protection program (WHPP) is a key example of OW's pollution
prevention efforts. In local wellhead protection areas, priority will be given to identifying
and addressing sources of contamination, especially endangering shallow injection wells.
Nationwide, a total of 26 states have approved programs. In FY 1992, nine states had their
WHPPs approved by EPA. Seven regions had targets for WHPPs; no region made their
target.
r-i THE APPROVAL OF WHP8
'C.-V. MAS BEEN HINDERED BY
OF RESOURCES TO THE
STATES
WHPS APPROVED BY FISCAL YEAR
FY 69 -0; Emphasis wai to help states and
Territories either devefep and Implenaiit
WHP or m major comporent of m WHP.
FY90- 13
FY91 - 4
FY92- 9
a] Apererad Program
Although the 1986 amend-
ments to the Safe Drinking
Water Act (SDWA) directed
states to submit WHPPs by
June 1989 for EPA review
and approval, the program has
never been funded by
Congress. Compliance has
been voluntary by the states.
However, because the
Comprehensive State Ground Water Protection Programs are required to include an
approved WHP plan the number of WHPPs are expected, to increase in future years.
UNDERGROUND INJECTION CONTROL (UIC) PROGRAM
In past years, the UIC program had focused its efforts on Class n 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 placed greater emphasis on targeted
Class V wells, especially industrial disposal wells and automobile service station disposal
wells which pose a serious threat to health with their potential to contaminate underground
sources of drinking water. Class I hazardous waste wells affected by the RCRA land ban
restrictions were also subject to greater emphasis. Strategies include pollution prevention,
educating local decision-makers, cross program coordination, multi-media approaches, and
federal consistency.
53
-------
ow
FY 1992 Fourth Quarter Progress Report
.160
REOONS AND STATES HAVE MAINTANED
A HIGH LEVEL OF PERFORMANCE
Q-STATE
-EPA
FY69
FY90
FY91
FY92
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. End of year
performance for both primacy and EPA
direct implementation (DI) programs
exceeded their targets. EPA-(DI) and
primacy performance is 111% and 116%,
respectively, of the annual target. Testing
and monitoring of active wells has consistently exceeded performance expectations over
the past four years. ;
UIC ENFORCEMENT
The UIC enforcement program 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 fourth quarter have identified 2,704
wells as being in SNC: 2,034 by the States and 670 by EPA (up from last year at this time,
when 2,363 wells were in SNC). At the end of the fourth quarter there were 629 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 (106), V (166), and
X (300).
Through the fourth quarter, EPA proposed 145 administrative orders while States issued
6,971 (the 6,849 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 fourth quarter numbers had EPA issuing 134 proposed orders, and states issuing 538.
EPA's Regions also referred 13 civil judicial actions to the Department of Justice.
A total of 765 Class IV and V wells were closed through the fourth quarter (332 EPA and
433 primacy). Well closure requires the owner/operator to permanently discontinue
injection of an unauthorized and endangering fluid contaminant which is in violation of
RCRA, SDWA, 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 continued
to emphasize regulatory development for contaminants specified in the 1986 SDWA
Amendments. Program strategies include increasing enforcement to maintain and improve
54
-------
FY 1992 Fourth Quarter Progress Report
OW
compliance rates, building state capacity and providing increased public education, 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 promulga-
tion 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,
STATUS OF PWSS STRATEGIC OBJECTIVES
OBJ 1: Standards for 34 contaminants have already been promulgated.
OBJ 2: Six major new regulation are in affect ami States are making
progress in adopting them. All States have adopted the Phase l-Volatile
Organic Chemical Regulations and the- Public Notification Rule. Forty-six
States have adopted the Surface Water Treatment Rule and 48 States have
adopted the Total Colrform Rule. Two regulations; the Lead & Cooper Rule
and the Phase II Rule become effective in FY 1992. Fifteen States have
adopted the Phase II regulations and twelve States have adopted the Lead
& Copper Rule.
OBJ 3: In June 1992, the Office of Ground Water Drinking Water
(OGWDW) issued the Public Water Systems Supervision (PWSS) program
priority guidance. The guidance is to focus EPA and the States resources
on the highest priorities first and to allow the States time to build resources
in order to fully implement the program. The guidance outlines a Mobilization
Strategy that gives a state 5 years to develop adequate funding in order to
implement their drinking water program. The strategy does not change or
defer statutory or regulatory responsibilities. PWSs must continue to fully
implement the regulatbns without delay.
PUBLIC WATER SYSTEMS SUPERVISION 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 significant
noncomplier (SNC) / Exception report format, and enforcement actions are initiated against
those systems which do not return to compliance within standard timerrames, PWSS
STARS measures are reported on a one quarter lag basis to accommodate the state data
reporting process.
At the end of third quarter FY 1992, OW reported 1,538 public water systems to be in
significant noncompliance (SNC) for microbiological/ turbidity, and 1,048 for chem/rad.
Follow-up of the 406 SNCs for M/T previously reported as "new" in first quarter FY 1992
has resulted in 66% being resolved by either returning 1:0 compliance or by an enforcement
action during the timely and appropriate period. The remaining 140 systems were added to
the exceptions list. Follow-up of the 240 new chem/rad SNCs for the same period resulted
in 50% being resolved. The remaining 119 systems were added to the exceptions list
Of the 628 exceptions for M/T identified at the beginning of the third quarter, 31% were
55
-------
OW FY 1992 Fourth Quarter Progress Report
resolved by either returning to compliance or initiating enforcement action by the end of
the quarter. Hie other 434 systems remain to be addressed. Of the 195 chem/rad excep-
tions, 33% were resolved for the same time period, leaving 130 systems to be addressed.
Third quarter EPA enforcement activity included issuance of 460 NOVs, 142 proposed
administrative orders, 79 final administrative orders, ten complaints for penalty, and one civil
referral. States issued 309 administrative compliance orders, referred 11 civil cases, and filed
one criminal case.
56
-------
------- |