United States
Environmental Protection
Agency
Office of
The Administrator
(2162)
EPA230-Q-94-002
April, 1994
vvEPA QUARTERLY
PROGRESS
REPORT
FY1994
SECOND QUARTER
Printed on Recycled Paper
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U.S. ENVIRONMENTAL PROTECTION AGENCY
QUARTERLY PROGRESS REPORT
FY 1994 - SECOND QUARTER
PREFACE
The Quarterly Progress Report reviews Agency progress in meeting priority
program commitments. The report is a major component of EPA's strategic
planning, budgeting, and accountability systems. As part of EPA's centralized
management system, the report helps to inform the Agency's strategic choices
by providing information on current strategies and performance.
The Agency publishes the report three times a year, using information from
Headquarters programs, regional offices, and state agencies. The primary
source of data for this report is the Deputy Administrator's Strategic Targeted
Activities for Results System. STARS is designed to track the most important
of a program's activities. To the degree that the measures indicate progress
within program priority areas, STARS provides the feedback necessary to
determine what and how well a program is doing toward achieving the goals
and objectives set forth under the auspices of a program's mission.
The Office of Strategic Planning and Environmental Data is responsible for
program sections within the. Quarterly Progress Report. The Office of
Compliance Analysis and Program Operations is responsible for the Report's
enforcement sections.
We gratefully acknowledge the assistance and cooperation of the many people
through the Agency's management network who make the timely production
of this report possible.
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U.S. Environmental Protection Agency
Quarterly Progress Report
Second Quarter FY 1994 Report
TABLE OF CONTENTS
Office of Air and Radiation
Office of Prevention, Pesticides, and Toxic Substances 15
Office of Solid Waste and Emergency Response 27
Office of Water 39
Office of Enforcement 49
Office of General Counsel 55
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FY 1994 Second Quarter Progress Report
OFFICE OF AIR AND RADIATION
OAR
INTRODUCTION
OAR's mission is to protect human health and the environment from airborne pollutants and radiation.
Air and radiation programs address many of the highest risk environmental problems faced by EPA, as
ranked in the Science Advisory Board report, Reducing Risk: Setting Priorities and Strategies for
Environmental Protection.
A high priority for FY 1994 is continuing to implement the Clean Air Act Amendments of 1990
(CAAA). Some of the most important environmental goals are to attain healthy air in all cities, cut
toxic air emissions by 75%, reduce annual sulfur dioxide emissions by 10 million tons, phase out
chlorofluorocarbons by 1996, and reduce public exposure to indoor air pollutants. Another priority is
the implemention of the Climate Change Action Plan, announced* in October 1993, to reduce
greenhouse gas emissions to 1990 levels by the year 2000.
Within OAR, an annual memoranda of agreement (MOA) process between each of the ten regional
offices and the headquarters program office establishes the regional intentions and commitments for the
year in light of the OAR program-specific guidance. The regional offices report quarterly on
commitments to a data system called the Memoranda of Agreement Reporting System (MOARS).
OZONE AND CARBON MONOXIDE
EPA establishes standards for six criteria air pollutants at a level considered adequate to protect human
health. EPA's strategic objectives are, by the year 2000, to attain national ambient air quality
standards (NAAQS) in most nonattainment areas that now do not meet standards, achieve and maintain
NAAQS in all areas by 2010, and achieve substantial near-term reductions in criteria pollutants and
precursors by 1997.
Of the six criteria air pollutants, problems associated with ozone (and its precursors, volatile organic
compounds (VOCs) and nitrogen oxides (NOX)) and carbon monoxide are the most pervasive. Both
pollutants are human health threats. The amendments call for attainment by controlling both mobile
and stationary pollutant sources.
MOBILE SOURCES
Cars, trucks, and other mobile sources are some of the largest sources of ozone and carbon monoxide
pollution. In most urban areas, mobile sources contribute over 90% of the carbon monoxide pollution.
An important effort underway in FY 1994 is the enhanced inspection and maintenance (VM) program.
Enhanced Inspection and Maintenance
The implementation of the enhanced inspection and maintenance (I/M) program requires certain states
to adopt enabling legislation by November 15, 1993 (see Table 1). As a result of a lawsuit by the
Natural Resources Defense Council, EPA is under a court order to either approve or disapprove all I/M
program plans submitted before the November deadline by July 15, 1994. If EPA cannot issue an
approval notice by that date, the court ruling requires EPA to impose sanctions within 18 months.
EPA is actively engaged in reviewing new and enhanced I/M programs. The recent resolution of the
California program has resulted in a number of states reconsidering their I/M programs, mostly in
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OAR
FY 1994 Second Quarter Progress Report
states that cuirently have test-and-repair systems in operation.
Table 1 summarizes the status of I/M state implementation plans (SIPs). The majority of SIPs arc still
outstanding, and 24 states have received letters making findings of failure to submit adequate or
complete submissions, thereby starting the clock for mandatory sanctions.
TABLE 1: STATUS OF ENHANCED I/M
IMPLEMENTATION
REGION
III
IV
VI
VII
VIII
IX
STATE
Connecticut
New Hampshire
Massachusetts
Maine
Rhode Island
Vermont
New Jersey
New York
D.C.
Delaware
Maryland
Pennsylvania
Virginia
Georgia
Florida
Kentucky
North Carolina
Tennessee
Illinois
Indiana
Michigan
Minnesota
Ohb
Wisconsin
Louisiana
New Mexico
Texas
Missouri
Colorado
Utah
Arizona
California
Nevada
Alaska
Oregon
Washington
SIP STATUS
1992 PLANS
Failure to Submit (1/26)
Complete (3/31)
Failure to Submit (1/26)
Complete (11/15)
Failure to Submit (1/26)
Failure to Submit (1/15)
Failure to Submit (2/7)
Failure to Submit (2/7)
Failure to Submit (1/14)
Failure to Submit (1/U)
Failure 1o Submit (1/14)
Complete (12/13)
Failure 10 Submit (1/21)
Complete
Complete
Finding needed
Failure to Submit (1/15)
Failure lo Submit (1/15)
Failure to Submit (12/30)
Failure lo Submit (12/30)
Complete
Complete
Incomplete (1/21)
Complete (1/4/)
Incomplete (2/22)
Failure to Submit (1/14)
Complete (1/14)
Failure to Submit (1/15)
Complete (3/17)
Incomplete (1/19)
Failure to Submit (2/15)
Agreed to program (3/10)
Not Submitted
Failure to Submit (1/13)
Complete
Not Submitted
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Stage IT Vaoor Recovery
States in ozone nonattainment areas classified moderate or above1 were required to adopt and submit
SIPs to EPA by November 1992 to implement Stage II vapor recovery programs. In 1994, EPA
continues to review and conduct rulemaking actions. Since the promulgation of the on-board rule on
January 24, however, states outside of the Ozone Transport Region with moderate ozone
nonattainment areas were relieved of the requirement to adopt the general Stage n regulation. Within
the Ozone Transport Region: Region I did not report; Region II wrote comments on its states'
regulations; and Region El reviewed rules from all of its Ozone Transport Region states.
STATIONARY SOURCES
Ozone 15% Reduction Plans
States with moderate and above ozone nonattainment areas were required to submit rate-of-progress
(RPP) plans by November 15,1993 to provide for VOC reductions of at least 15% within the first six
years (1996) after enactment. Most regions report active involvement in providing technical and policy
guidance to states. However, states are reporting difficulty finding sufficient control measures to meet
the 15% requirement. Almost all of the plans rely on commitments to adopt rules instead of adopted
regulations, which is not acceptable to EPA. As of first quarter, 50 of the expected 68 15% plans have
been submitted (see Table 2). Findings letters were sent for 46 areas that failed to submit or whose
TABLE 2: STATUS OF 15% REDUCTION PLAN SUBMITTALS
Region Stats
1 Connecticut
Mains
Massachusetts
New Hampshire
Rhode Island
1 1 New Jersey
NewYoik
III D.C.
Delaware
Maryland
Pennsylvania
West Virginia *
IV Georgia
Kentucky
Tennessee
V Illinois
Indiana
Michigan
Ohio
VI Louisiana
Texas
VII Missouri
VIII Utah*
IX California
RPP Plan
Y
N
Y
Y
Y
Y
Y
Y
Y
Y
N
N
Y
Y
Y
Y
Y
Y
Y
Y
Y
Y
N
Y
* Redesignation requests for attainment
Date Submitted
January 14, 1994
November 15. 1993
February 3, 1994
March 17. 1994
November 15, 1993
November 15, 1993
November 15. 1993
November 15, 1993
March, 1994
November 15, 1993
Novembers, 1993
November 15, 1993
November 15, 1993
November 15, 1993
November 15, 1993
Resubmitted 3/1 5/94
November 15. 1994
November 15, 1994
November 15, 1994
Received for all 10 areas
status were submitted by West
Regional Comments
Incomplete (1/26/94)
Failure to submit (1/26/94)
Partially complete (1/26/94)
Complete (3/25/94)
Incomplete (1/26/94)
Incomplete (2/2/94)
Incomplete (2/2/94)
Incomplete (1/1 8/94)
Incomplete (1/1 8/94)
No determination yet
Not submitted yet
Failure to submit (1/18/94)
Complete (3/28/94)
Incomplete (3/31/94)
Incomplete (3/31/94)
Incomplete (1/21/94)
Incomplete (1/25/94)
Incomplete (1/3/94)
Incomplete (1/21/94)
Incomplete (3/30/94)
1 of 4 areas complete
Incomplete (1/94)
Failure to submit (1/19/94)
No determination yet
Virginia and Utah.
1 The CAAA classifies areas with similar pollution levels. The purpose is to match pollution control
requirements with the severity of an area's air quality problem. For ozone, there are five classes: marginal,
moderate, serious, severe, and extreme.
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FY 1994 Second Quarter Progress Report
submittals were found Incomplete. In second quarter, the regions closely monitored those submittals
still undergoing completeness review in order that findings letters can be issued before May 15 to
avoid submittals being deemed complete.
VQC RACT Catch-up Rules in Nonattainment Areas
States with newly designated ozone nonattainment areas (moderate or above) were required to adopt
Reasonably Available Control Technology Standards (RACT) for all current control techniques
guideline categories and for all major VOC sources by November 15,1992. Rules are required from
22 states. As of the beginning of 1994, submissions were not received from seven states. As of
second quarter, RACT catch-up rules were submitted by North Carolina, Illinois, Indiana
(incomplete), Michigan (incomplete), Wisconsin, and Texas; Region IX did not report. The regions
are actively reviewing these rules in order to finalize them in a timely fashion. Region VI, however,
has been unable to finalize a final notice for RACT catch-ups in Texas due to resources being devoted
to redesignation issues.
STATE AND LOCAL OPERATING PERMIT PROGRAMS
State operating permits integrate and enhance the effectiveness of the NAAQS attainment, acid rain,
and air toxics programs. Under Title V of the CAAA, states were required to submit plans for new
enabling legislation and related fee regulations by November 15, 1993. In some cases, legislation
adopted by states to develop and implement strong operating perrr.it programs will need to be revised
in order to be fully approved. If state programs are submitted too late, EPA may not have sufficient
time to determine the adequacy of the programs prior to November 15,1995 when, in the absence of
adequate state programs, EPA is required to implement a Federal program. As of second quarter:
Region I reviewed proposed operating permit regulations submitted by Connecticut, Maine, and Rhode Island.
Massachusetts adopted its operating permit fee regulation, adopted a 1.989 state program to exempt sources from
Title V, commenced fee collection, and worked on its operating permit program submittal. None of the states
have submitted final operating permit programs.
Region II states- New Jersey and New York -submitted proposed operating permit programs first quarter which
were determined incomplete second quarter.
Region III received and approved an official Tide V operating permits program submittal from the District of
Columbia. Region III sent a letter of failure to submit to Maryland, and Pennsylvania also is late. Virginia
sent necessary portions of submittal for completeness determination, and the acid rain portion of West
Virginia's Title V program was approved by the Acid Rain Division.
Region IV determined submittals complete from Alabama, Florida, Georgia, Mississippi, and South Carolina;
submittals from North Carolina and Tennessee were found incomplete.
Region V found Illinois', Minnesota's and Wisconsin's submittals complete; Indiana's and Michigan's
submittals were found incomplete.
Region VI found Louisiana's, Oklahoma's and Texas' submitttJs complete and approved New Mexico's
operating permit program.
Region VII found Iowa's and Nebraska's submittals complete, sen a sanction letter to Kansas, and expected a
package from Missouri.
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Region VIII found Colorado's, South Dakota's, and Wyoming's submittals complete; findings letters for non-
submittals were sent to Montana, North Dakota, and Utah.
Region IX did not report.
Region X found submittals complete from Washington and Oregon; Idaho has not submitted a program yet.
AIR TOXICS
Toxic air pollutants pose especially serious health threats, causing an estimated 1,700 to 2,700 excess
annual cancer deaths from non-occupational exposure. The goal of the program is to reduce these
excess cancer deaths and other non-cancer illnesses, as well as to reduce adverse environmental
effects. There are three basic sources of toxic air pollutants: large industrial facilities; motor vehicles;
and small "area" sources. Under Title HI of the CAAA, 189 hazardous air pollutants will be regulated
by promulgating emission standards for 180 source categories. Since 1993, the Agency has
promulgated national emission standards for hazardous air pollutants (NESHAP) for three categories:
dry cleaners; coke ovens; and hazardous organic chemical manufacturing.
State Legal Authority for MACT Determinations
To address risks of toxic substance emissions from large industrial facilities, EPA is focusing on
developing maximum achievable control technology (MACT) standards. The regions conduct outreach
efforts and work with states to ensure that state permit programs have legal authority for implementing
Section 112(g) determinations. For example, in Region II, New Jersey, Puerto Rico and the Virgin
Islands have broad authority to implement this provision, but New York's legislation does not contain
authority for these provisions. In another example, Region IV encouraged and assisted state and local
agencies second quarter to evaluate mechanisms to accomplish early implementation, despite the states'
statutory authority preventing implementation of a Federal rule before the rule has been promulgated.
National Emissions Standards for Hazardous Air Pollutants (NESHAP)
Under Section 112(1) of the Clean Air Act, EPA may delegate to the states the authority to develop their
own programs for implementing and enforcing emission standards for hazardous air pollutants.
The 112(1) delegations program is one of the key infrastructure programs needed to coordinate early
implementation of MACT standards. As pan of this program, regions are surveying states to determine
if they plan to submit programs and reviewing and making determinations on state
submittals. They also are pursuing a variety of other activities to implement this program. Highlights
of key activities were as follows:
Regions I and II participated in a conference with their states to discuss 112(1) and how it relates to the dry
cleaning MACT standard.
Region II reported that no state in the region plans to submit any rule or program under 112(1) in this fiscal year.
Region VI developed a letter describing the delegation process in great detail that was sent to Region VI states
(and may be used nationwide).
Region IX developed approaches for delegation under 112(1) that would transfer responsibility for implementing
standards to the Air Resources Board rather than to each air district.
To implement emission standards for coke ovens, dry cleaners, and hazardous organic chemical
manufacturing, regions may delegate to the states. Where states have received delegation, regions
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FY 1994 Second Quarter Progress Report
oversee the process the states use to identify facilities and inform facilities of new MACT standards
and their rights and responsibilities. Where states are not delegated programs, regions identify and
contact affected facilities.
The standard for coke oven batteries final rule was published in the Federal Register on October 27,
1993. States and local authorities are expected to implement and enforce this rule. However, until the
delegation process is completed, regional offices are responsible for implementing and enforcing the
promulgated standard. Of those regions reporting (II, III, and IV), several key activities were
undertaken to begin implementing this standard.
The following regions reported on the delegation of the emission standards for dry cleaners:
Region I met with its only state interested in delegation, Rhode Island, while processing the dry cleaning
notifications for Connecticut, Maine, Massachusetts, and New Hampshire.
Region II undertook an outreach initiative first quarter that involved: a presentation to 700 members of die
Korean dry cleaners association; and direct mailings to approximately 300 dry cleaners. New York, New Jersey,
and Puerto Rico agreed to send out informational packages to roughly 6200 sources. Second quarter, Region II
performed 30 inspections. Of the facilities inspected, ten were found in violation of monitoring and
recordkeeping requirements, but no decision was made as to the penalty policy for such violations.
Region III first quarter developed and sent a survey to states/locals requesting dissemination to all sources
(Maryland did not participate). The region provided outreach to the Philadelphia Chapter of the Korean Dry
Cleaners Association that involved explaining proposed rule requirements in Korean. Second quarter. Region III
established a dry cleaners telephone hotline to screen requests for information.
Region IV states, through an MOA, agreed to notify affected facilities and, with the exception of Alabama, to
receive the required notifications from the facilities.
Region VIII states mailed MACT information to 100% of its dry cleaners, and Region VIII responded to
telephone inquiries for clarification on the regulations, and entered information received into its data base.
The Administrator signed the final hazardous organics (or HON) rale on February 28. The following
regions reported on its implementation:
Region I worked on developing an outreach strategy to communicate new requirements to approximately seven
sources in the Region.
Region IV coordinated with state and local agencies to initiate implementation of the new standard, and all but
one of its states agreed to delegation of the rule through title V (operating permit) program approval. Region IV
furnished state and local agencies with copies of video tapes on the new regulation and planned a Regional Air
Toxics workshop to discuss the new rule.
ACID RAIN REDUCTION
SO2 and NOx emissions react in the atmosphere to form sulfaies and nitrates. Eventually, in the
presence of rain, these compounds form sulfuric and nitric acids, "acid rain." Acid rain causes serious
health effects and ecological and economic damage. OAR's strategic objective in the acid rain program
is to achieve a permanent 10 million ton per year reduction (from 1980 levels) in sulfur dioxide (803)
emissions and a 2 million ton per year reduction in nitrogen oxides (NOx) emissions, both by the year
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2010. To achieve this goal, a two-phase reduction program will facilitate active trading of sulfur
dioxide allowances, thereby minimizing compliance costs and maximizing economic efficiency. Phase
I affects high-emitting, coal-fired utility plants, and goes into effect in 1995. Phase II affects smaller,
low-emitting utility plants and is effective in 2000.
During first quarter, the Administrator signed the proposed revisions to Parts 72 and 73 of the Acid
Rain Core Rules which concern the substitution and reduced utilization provisions of the Acid Rain
permits regulation. The revisions are designed to close a "loophole" that would have allowed the
creation of excess allowances, resulting in a violation of the Congressionally-mandated cap on SOi
emissions. EPA's Acid Rain Division distributed the Emissions Tracking System (ETS) to
representatives of Phase I utilities, which are required to report emissions compliance data to EPA.
The ETS allows for electronic reporting of hourly emissions data from all regulated sources. The Acid
Rain Division conducted a series of ETS field tests with key utilities. The goal of the tests was to
check transmission data for format and transfer capability, with assistance from the Tennessee Valley
Authority, Georgia Power Company, and Metropolitan Edison Company.
Second quarter, the Allowance Tracking System (ATS) began recording the transfer of allowances
from one ATS account to another. The Chicago Board of Trade conducted the second annual acid rain
allowance auction selling over 176,000 allowances (worth over $26 million) to utilities, allowance
brokers, and private citizens. 150 utility representatives and vendors of Continuous Emissions
Monitors, which are used for tracking emissions, attended a meeting on quarterly electronic emissions
reporting to ensure successful initial submissions by affected Phase I sources. Quarterly electronic
emissions reports were received from all Phase I sources by the January 31 deadline. These reports
contain hourly SC>2, NOx, and CC»2 emissions data for the 251 Phase I utility units that operated
during the initial reporting period, November 15 - December 31,1993. Monitoring systems for 180 of
the 251 Phase I utility units were certified.
Phase 1 Permit Application & Compliance Plans
Over 90% of Phase I sources met the November 15, 1993 certification application deadline for
installation and testing of required continuous emissions monitoring equipment prescribed by acid rain
regulations. This is an important first step in monitoring the overall compliance of the acid rain
program.
During second quarter, the Administrator signed the Acid Rain NOx Emission Control regulation for
Group I boilers, meeting a court-ordered deadline. This regulation will restrict emissions from wall
and tangentially-fired coal boilers. This action will set in motion the reduction of approximately 1.8
million tons of projected levels of nitrogen oxides from utility boilers by the year 2000. Since the rule
is now complete and a settlement is expected for litigation concerning some of its requirements, EPA
will continue with the permitting process. In coordination with Headquarters and the states, regions
are responsible for reviewing Phase I applications and compliance plans and for issuing permits.
Opt-In Applications Reviewed & Permits Issued
The Opt-In Rule, published in 1993, established a program allowing non-affected sources of SOi to
voluntarily participate in the Acid Rain Allowance Trading Program. EPA is promulgating regulations
for certain sources electing to enter the acid rain program. In conjunction with Headquarters and
states, regions review opt-in applications and issue permits. Response, so far, has been minimal.
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FY 1994 Second Quarter Progress Report
STRATOSPHERIC OZONE PROTECTION
The goal of the stratospheric ozone protection program is to reduce skin cancer deaths and other effects
associated with ozone depletion. The strategic objective for achieving; this goal is to reduce cumulative
chlorine and bromine concentrations in the stratosphere to less than two parts per billion as soon as
possible. To achieve this objective, EPA will phaseout the production of chlorofluorocarbons (CFCs)
and other ozone-depleting substances (halons, carbon tetrachloride, and methyl chloroform) by the end
of 1995. During first quarter, the Administrator signed:
(1) The final rule accelerating the phaseout of ozone-depleting substances. Under this acceleration,
halons should have been phased out at the end of 1993, and CFCs, carbon tetrachloride, and methyl
chloroform will be phased out by the end of 1995. HCFCs (an important substitute for many of the
CFCs and halons )with the greatest ozone depletion potential (OOP) will be phased out beginning in
2003, those with the least ODP will be phased out be 2030, and the remaining will be phased out in the
years between 2003 and 2030. The rule also lists methyl bromide as a class I substance, freezing
production in 1995 at 1991 levels and phasing out methyl bromide by 2001.
(2) The final rule implementing the Class II Nonessential Products Ban. The self-executing ban ended
the sale and distribution in interstate commerce of aerosol products, pressurized dispensers, and foam
products that contain or are manufactured with HCFCs on January 1,1994, unless the particular foam
or aerosol product received an exemption in the final rule.
(3) The proposed amendment to the final labeling rule that became effective May 15, 1993. This
action requires proposes to amend the final rule in three substantive ways: exemptions from the
labeling act would be granted in cases where products are made with class I substances that are
destroyed; waste going into landfills or incinerators would not require a label (not including class I
substances to be recycled or reclaimed), nor would spare parts that are purchased from a manufacturer
and sold to a distributor or person for repair.
During second quarter, the Administrator signed the final rule to establish the Significant New
Alternatives Policy (SNAP) program. Under SNAP, EPA evaluates substitutes for ozone-depleting
substances across eight major industrial use sectors. Accompanying the final rule is the first list of
acceptable substitutes for over 300 end-uses.
EPA's Stratospheric Protection Division worked with the National Oceanic and Atmospheric
Administration and the National Weather Service to create a national Ultraviolet Forecasting Index. A
brochure was developed to explain the index to the general public. The index will begin to appear on
nightly news programs in May.
The Parties to the Montreal Protocol approved a three-year budget that includes a $510 million U.S.
contribution to finance the elimination of ozone-depleting substances in developing countries. The
Parties decided not to authorize any production of halons in 1994 for essential uses. They also
agreed to simplify and harmonize the schedule for the use of CFCs in essential use applications.
CLIMATE CHANGE RISK REDUCTION
On October 19, the President announced the U.S. Climate Acton Plan to reduce greenhouse gas
emissions to 1990 levels by the year 2000. EPA's Global Change Division has the government-wide
lead on 14 of the 55 initiatives in the plan, several of which build on the successful green programs
that are already underway, such as Green Lights, Energy Star Buildings, Energy Star Computers, and
Natural Gas Star.
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Gjeen Programs
OAR has set a goal for the year 2000 to reduce U.S. combustion-related air pollution from stationary
sources by 20% through the use of market-based, energy-conservation programs. Strategies include:
using voluntary programs to encourage industry to pursue profitable energy saving
investments;
promoting the development and sales of energy efficient technologies;
accelerating state actions to provide market incentives for utilities to promote energy-
efficiency; and,
removing private regulatory liability and other obstacles to energy efficiency.
As of March 31, over 1,350 organizations have joined the Green Lights program (over 700 corporate
Partners, 475 Allies, and 160 Endorsers). Partners include major corporations in oil, pharmaceutical,
retail, and other industrial sectors, as well as smaller nonprofit organizations. There are also 69
government partners, including 10 federal agencies, 15 states, 16 cities, 17 counties, and the U.S.
Virgin Islands.
During first quarter, the Global Change Division led a series of three marketing meetings for the
Energy Star Buildings Program, which is designed to increase energy efficiency in commercial
buildings. The goal of the meetings was to recruit participants for a voluntary "Energy Star Showcase
Building" initiative. Participants will work with EPA to design and implement comprehensive energy
efficiency upgrades in individual commercial buildings over a period of 1 - 2 years. As of first
quarter, Energy Star Building MOUs had been signed with Douglas County, OR; State University of
New York - Stony Brook, NY; Warner - Lambert; and the State of Ohio.
During second quarter, regions participated in a three-day session led by the Global Change Division
to discuss: program marketing and implementation progress; specific new initiatives, such as regional
marketing to hospitals and universities; and Partner User Groups (PUGs), which will provide a forum
for information exchange and problem solving among Green Lights Partners. In coordination with the
Department of Energy, the Consortium for Energy Efficiency, electric utilities, and manufacturers, the
Global Change Division, began a national effort to promote "Golden Carrot" high-efficiency ground
source heat pumps.
Methane Reduction
The dominant strategy for methane reduction is to identify and promote profitable options for reducing
methane emissions from major anthropogenic sources, both within the U.S. and internationally.
Under the Climate Change Action Plan, activities include removing institutional barriers to methane
reduction and identifying and promoting profitable options to reduce methane emissions from natural
gas distribution systems, from landfills, and during coal mining operations. Also, USDA's Soil
Conservation Service and DOE have joined with EPA to develop the AgSTAR program for reducing
methane emissions from animal waste and enhancing the productivity of cattle through animal waste
management.
INDOOR AIR
The indoor air program seeks to identify the nature and magnitude of the health and welfare problems
posed by indoor air pollution. Its environmental goal is to reduce risks to human health by reducing
exposure to a broad range of indoor air pollutants (in addition to radon) that are known to cause
significant excess mortality and non-cancer effects, ranging from mild irritation to acute toxicity and
chronic organ damage. Under Title IV of the Superfund Amendments and Reauthorization Act, the
Agency is required to conduct a research and information dissemination program to systematically
address indoor air quality problems. The program has three goals: (1) to provide coordination among
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FY 1994 Second Quarter Progress Report
EPA, other federal agencies, states, and localities; (2) to prepare and disseminate information; and (3)
to provide policy direction to the indoor air research program.
During first quarter, many advances were made on the new "Building Air Quality Alliance," a
voluntary partnership program providing incentives for building operators to manage their buildings
for good indoor air quality. The Indoor Air Division is planning to issue the first action plan, with
guidance and requirements for Building Partners, by summer of 1994 and enlist the first Building
Partners by the fall. Second quarter, three buildings were chosen for the Building Assessment and
Evaluation (BASE) study, and integrated samples were analyzed
The Indoor Air Division also is continuing its Environmental Tobacco Smoke (ETS) outreach efforts.
More than 100 personalized letters were sent to national organizations informing them about an ETS
brochure and its availability, and encouraging them to share it with their members and constituents.
EPA commented in support of the recommendations made by the State Attorneys General Working
Group on Tobacco to prohibit smoking in all fast-food restaurants. Second quarter, regions developed
model ordinances for states and communities that wish to have smoke free public places and
workplaces and to produce model guidelines for air quality management. Region I, for instance,
looked specifically at ice rinks.
The indoor air and radon programs are integrating their two programs in the areas of public outreach.
During first quarter, Region IV, in cooperation with the American Lung Association and Georgia
Public Television, developed a video covering radon and indoor air issues. Region I sponsored an
"Indoor Air Week" in the EPA regional offices and successfully targeted science teachers.
RADON
The national strategy for the radon program is to target geographic areas with the highest risk of indoor
radon contamination. All regions committed to negotiate with the states and set goals for achieving
results in the areas of: radon awareness; testing; mitigation; environmental justice; homes built using
radon-resistant construction techniques; and tests conducted in real-estate transfers. Regions have
been working with states to set program priorities for 1995 and to re-evaluate year 2000 goals. The
following are the Radon Program National Goals for 2000:
75% of the U.S. adult population will be aware of radon by 2000.
20 million U.S. homes will have tested for radon by 2000.
750,000 U.S. homes will be fixed to reduce radon by 2000.
500,000 homes will have been built incorporating radon-resistant techniques by 2000.
Decrease the disparity between minority action and awareness on radon and nation-wide
action and awareness by 50% by 2000.
40% of all residential real estate transfers each year will include a radon test as part of the real
estate transfer.
As of second quarter, 33 states and territories have set goals that mirror the national goals. Regions I,
n, in, IV, VII, and VIH have fairly complete sets of goals; Regions V, VI, DC, and X have had more
limited success, and only a few of their states have submitted goals.
During first quarter, the Map of Radon Zones, which geographically describes radon potential across
the United States, was released (see page 11). The map is used for targeting resources to the highest
radon potential areas and encouraging the implementation of radon-resistant new construction
standards in Zone I (highest radon potential) areas. Second quarter, a notice on "EPA Model
Standards and Techniques for Control of Radon in New Residential Buildings" was published in the
Federal Register, and a final rule on user fees for radon proficiency programs became effective.
10
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FY 1994 Second Quarter Progress Report
OAR
C
o
11
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OAR
FY 1994 Second Quarter Progress Report
RADIATION
The third phase of the Radiation Safety and Health Protection program went into implementation first
quarter and is expected to last throughout the year. During first quarter, initial program operation was
expanded into all ten regions and 467 individuals participated in this preventive program. Second
quarter, a chapter of the EPA Occupational Health and Safety Manual on the "Radiation Safety and
Health Protection Program" was submitted for green border review. The Radiation Safety Information
Management System was implemented with the dissemination cf modems and communications
software for regional PC access to a central computer. Preparations continued for two emergency
response exercises.
The Office of Radiation & Indoor Air (ORIA) prepared 13 papers on key issues in the development of
a radiation site cleanup regulation. The issues are: protectiveness, precedent, period of exposure,
individual/ population risk, background, OSWER soil screening level approach, and the ORIA
proposed radiation approach, structure, groundwater, measurement, indoor radon, land use and
institutional controls, and public participation. As part of the ouD'each and public communications
effort, a subcommittee of the National Advisory Committee for Environmental Policy and Technology
(NACEPT) met to discuss the radiation cleanup regulation rule making. Second quarter, preliminary
decisions on key rulemaking issues (i.e., risk level, future land use, and public participation) and a
draft outline of the Radioactive Waste Management Issues Paper were presented to the subcommittee.
ORIA also developed technical support for the soil cleanup component of the proposed rule, involving
the creation and analysis of several dozen hypothetical "reference s.ites" that represent the universe of
real contaminated sites. Human health risks were assessed for individuals and populations living on-
and off-site, as well as for remediation workers, in the present and in the future.
WASTE ISOLATION PILOT PROJECT (WIPP)
During first quarter, the Administrator signed the final radiation disposal rule for the WIPP facility.
This major accomplishment establishes key requirements WIPP must meet to be used as a disposal
facility, and its issuance is the first significant step in EPA's implementation of the WIPP Land
Withdrawal Act. Partly in response to EPA's previous comments on DOE's test plan, DOE decided
not to proceed with plans to conduct tests with waste at WIPP prior to demonstrating compliance with
the radiation disposal rule. Second quarter, Headquarters and regional staff continued to review and
prepare comments on DOE's 1992 Performance Assessment and Experimental Program Plan. Draft
compliance criteria were distributed to interested parties, and comments received were considered in
developing a final draft for internal EPA clearance.
AIR ENFORCEMENT
CAA Enforcement Activity
The Office of Air Quality Planning & Standards (OAQPS) reports that during the second quarter of FY
1994,320 new significant violators were identified and that 285 significant violators were addressed;
year-to-date, 617 significant violators have been addressed. Of these 617 significant violators, most
(392) were addressed within 150 days of being identified. As of the end of the quarter, there were 683
significant violators needing to be addressed, of which 310 have teen unaddressed after one year.
Last year at this time, there were 746 violators active on the significant violators list, of which 226
remained unaddressed after one year.
This year, OAQPS is using its Air Facility Subsystem (AFS) to report on significant violators, an
12
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effort that began last year. There continue to be some problems using AFS for this reporting due to
incomplete data entry, and Region DC has not been using AFS for reporting significant violators.
Major air enforcement output levels through March 31,1994* were:
EPA States
Civil Referrals
Criminal Referrals
Administrative Penalty Orders
other Administrative Orders
16
5
74
72
15
0
*
366*
NOTE: Slate data and EPA asbestos demolition data is only first quarter data (lagged).
* The 366 state orders include penalty orders.
The number of EPA CAA civil referrals is down from 18 last year and 24 in FY 1992. The lower
civil referral levels are offset by (and somewhat the result of) increases in administrative penalty
orders (way up from 48 last year). Region K accounted for seven of the 16 civil referrals; no other
region had more than two. The 146 administrative orders are an increase over 113 last year at this time
and include 74 administrative complaints for penalties (Region VII had the most with 29). The 74
administrative penalty orders include 21 for stationary sources, 15 for asbestos demolition, and 38 for
CFCs.
State enforcement levels are mixed compared to last year (administrative orders are up from 242 and
329 the last two years, and referrals are down form 31 and 47 the last two years). However, the data
only cover first quarter activity and reporting and may not be representative of the year.
NAAOS Enforcement
Starting in FY 1993, OAR began reporting on the status of all Class A SIP and New Source
Performance Standard sources. Previously, OAR reported only on the status of Class A SIP and
NSPS sources in nonattainment areas. As a result, the universe of sources being reported on has
increased from 10,826 in FY 1992 to 40,806 currently (also, up 4.5% over a year ago). Regions V
and IV (9,508 and 7,874 sources) account for 43% of all facilities. As of March 30,1994, the status
of the 40,806 sources was: 35,301 were in compliance (86.5%); 2,298 had an unknown compliance
status (5.6%); 2,235 were in noncompliance (5.5%); and 972 were on a compliance schedule (2.4%).
The compliance rate for all Class A SIP and NSPS sources is slightly lower man a year ago (86.5%
compared to 87.6%). Of the sources with a known status, 91.7% were in compliance. About 5.6%
(2,298) of all sources have an unknown compliance status including 1,000 Region IV facilities (about
13% of their sources).
The regions and states plan to conduct 24,334 inspections of Class A sources this year. They
reported 3,360 inspections for the first quarter (lagged data). Only a small percentage of inspections
are scheduled for or conducted in the first quarter.
Non-Transitorv NESHAP Sources
OAR reports 1,503 sources for NESHAP (up from 1,210 a year ago). Of these, 1,037 (68%) were
reported as in compliance (87% for sources with a known status). The 466 sources not in compliance
had the following status: 313 had unknown status (up from 83 a year ago) of which 254 were in
Regions V and VI; 103 were noncomplying (up from 83 a year ago); and 50 were on a compliance
schedule (up 10 from last year). Generally, regions with the most sources reported the lowest
compliance rates, while regions with fewer sources had higher rates.
13
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OAR
Asbestos Demolition and Renovation Activity
FY 1994 Second Quarter Progress Report
These data arc lagged one quarter and therefore represents only first quarter data (as such, the
significance of the levels should not be overstated). For the first quarter, regions and states reported
3,272 and 13,603 notifications, respectively, about the same as last year. The regions conducted 123
inspections and the states 3,399 (both down somewhat from last year). These inspections resulted in
fewer notification violations - regions identified 26 and the states 180 (a combined total of 206
compared to 407 last year) and substantive violations - regions 11 and the states 72 (combined down
from 110 last year). In response to violations, the regions and states initiated 37 administrative orders
and 9 civil referrals (compared to 48 and 22 last year).
14
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FY1994 Second Quarter Progress Report OPPTS
OFFICE OF PREVENTION, PESTICIDES, AND TOXIC SUBSTANCES
INTRODUCTION
The Office of Prevention, Pesticides, and Toxic Substances (OPPTS) expresses program 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).
OPPTS engaged in a process for developing Memoranda of Agreement (MOAs) with each region for
FY 1994. Headquarters (HQ) set priorities for program areas based on an assessment of risk
reduction potential. Working from this base, the MO A negotiations incorporated regional priorities,
specific geographic needs, and localized risks. The OPPTS FY 1994 measures are largely consistent
with the program's HQ and regional priorities identified through the MOA process.
OFFICE OF POLLUTION PREVENTION AND TOXICS
OPPT focuses on four priority areas: 1) the development and integration of multi-media pollution
prevention approaches to environmental protection; 2) better utilization of the authorities granted by
the Toxic Substances Control Act (TSCA), coupled with a balanced regulatory and non-regulatory
risk management approach; 3) more effective sharing of toxics data and information inside and
outside EPA; and, 4) enhancement of regional and state roles.
NEW CHEMICALS
Authorized by TSCA, OPPT's objective is to review all new chemicals and respond to chemical
companies as necessary to prevent unreasonable risk. Chemical companies are required to notify
EPA before manufacture or import of any new chemical. The premanufacture notification (PMN)
process provides EPA an opportunity to review new chemicals and impose necessary controls or
restrictions to protect human health and the environment before the chemical enters commerce.
EPA-imposed controls on new chemicals have less of an economic and social impact than they do on
chemicals already established in commerce. Because many types of exposure-reducing measures can
be readily integrated into a manufacturer's plans at the early pre-manufacturing stage, the PMN
process provides the Agency with a powerful mechanism for promoting pollution prevention.
During the first half of FY 1994, OPPT received 1,310 valid new chemical noticesa 40% increase
over last year. Of these, there were 1,107 Premanufacture Notices (PMNs) and 203 exemption
applications (i.e., 127 for low volume exemption, 65 for polymer exemption, and 11 for test market
exemption); no biotech notices were received. Seven hundred twenty-seven of the PMNs (55% of
the total received) contained voluntary reports on pollution prevention practices and activities. In the
first half of FY 1993, OPPT received 938 new chemical notices; 703 of these were PMNs and 75% of
the PMNs contained voluntary pollution prevention reports. The Office targeted 277 of the new
chemical notices for regulatory review or action-more than double what it was over the same period
one year ago.
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OPPTS
FY1994 Second Quarter Progress Report
OPPT took 850 control actions during the first two quarters of FY 1994. The Office issued § 5(e)
Consent Orders for 6 PMNs and modified or revoked Consent Orders for 3 others. Forty-four PMNs
were withdrawn in the face of regulatory action and 797 PMN cases were dropped from further
review during the first half of the year. During the first half of FY 1993, OPPT took only 644 control
actions; the bulk of this year's increase occurred in the number of PMN cases dropped from further
review.
EXISTING CHEMICALS
Under TSC A, OPPT ensures that chemicals in commerce do not present "unreasonable risk of injury
to health or the environment;" there are more than 60,000 existing chemicals in the TSCA inventory.
OPPT receives nominations for chemical testing from several sources including other Agency offices,
other government agencies, industry, the Interagency Testing Committee, and other interested parties.
Screening efforts focus on identifying chemicals of greatest concern in order to rank candidates for
testing and risk assessment. OPPT requires testing to fill gaps in the data needed to assess risk. The
information obtained through screening and chemical testing to support risk management decisions is
also used for risk assessment analyses.
OPPT has strengthened the components of the testing and review process by focusing on priority
areas. The Office examines pollution prevention opportunities to reduce the processing and use of
toxic chemicals, involves interested parties early in the process through notification of intended
action, and encourages voluntary control actions.
The Existing Chemicals program strategy relies on chemical specific risk assessments and appropriate
regulation when necessary. However, the strategy also includes an emphasis on processing chemical
clusters (both chemical use and chemical class clusters) as an alternative to the single chemical
approach and on managing identified risks as early as possible in the review process by considering
and using a full range of regulatory and non-regulatory risk management options.
During the first half of FY 1994, the first stage of the risk management process (RM1) produced
decisions on seven chemical cases. OPPT dropped tetrabromobiasphenol-A-besethoxylate,
tetrabromobisphenol allyl ether, octabromodiphenyloxide, decabromodiphenyloxide, calcium
cyanamide, UAW Section 21 Petition, and tetrabromobisphenol-A-allyl ether from further risk
management analyses.
OPPT reports that two additional chemical cases (octabromodiphenyl oxide and decabromodiphenyl
oxide) were entered directly into the queue for RM2 during the first half of the year. In addition,
OPPT reports RM2 closure on two chemical cases: Hydrazine and Lead in non-residential paints.
The case on hydrazine resulted in an informal referral to OSHA through the OSHA/NIOSH/EPA
Committee recommending a letter be sent to industry asking for voluntary testing and pursuit of a
voluntary core porgram. A letter also went to the Office of Water requesting review of National
Pollution Discharge Elimination System permits to assure release levels of hydrazine from the flushing
of boilers are not too high. The case on non-residential, industrial paints (e.g. for bridges, roads,
water towers, etc.,) was closed with the decision that no high priority risk exists that would be
actively addressed, but a continued development of non-lead substitute paints would be monitored;
the possibility for future action was left open.
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FY1994 Second Quarter Progress Report
FIELD OPERATIONS
OPPTS
OPPT is seeking to increase state administrative capacity for current asbestos and PCB activities
while concentrating effort on a "second generation" of toxics field operation programs which focus
on pollution prevention and empowerment of states and the public to take action on reduction of
exposure to toxics through dissemination of information. The top OPPT risk-based regional priorities
under the MOA include: Pollution Prevention activities, the Toxic Release Inventory, and key lead
activities.
Regions report on seven narrative measures in two groups: Pollution Prevention (TRI, 33/50,
Cross-media activities, and state outreach) and Lead Activity (state accreditation, Title X, and lead
information) in STARS covering the bulk of regional toxics program activity. The following sections
provide a synopsis and highlights of the regional narratives; for more region specific information,
please refer to the STARS database comment fields for datapoints OPTS-29 through 35.
POLLUTION PREVENTION
Toxic Release Inventory (TRI):
This narrative highlights regional efforts to help the regulated community in complying with TRI
reporting requirements through outreach and technical assistance and to promote the use of TRI data
by states and the public. Activity during the first half of FY 1994 focused largely on laying the
groundwork for what will be a busy third quarter TRI workshop season. Many of the planned
workshops will focus on TRI reporting requirements for Federal Facilities and, especially, Form R
(pollution prevention reporting requirement). The following regions reported TRI highlights from the
first half of FY 1994:
Region I formed an Executive Order 12856 Workgroup ("Federal Compliance with Right-to-Know
Laws and Pollution Prevention") with representatives from TRI, EPCRA, Pollution Prevention and
Federal Facilities to provide training on the Executive Order.
Region II coordinated nine EPCRA seminars that will be held this spring.
Region III completed planning and scheduling its annual series of workshops to assist industry in the
completion of Form R Reporting.
Region V planned training sessions for federal facilities and participated in a TRI workshop with the
Lake Michigan Federation.
Region VI piloted a new TRI data quality analysis technique which targeted xylene releases in Texas;
the pilot uncovered several major violations without an initial on-site visit. In an effort to include
environmental justice considerations in the Region's TRI program, they ranked prospective inspection
sites using Dunn and Bradstreet Latitude/Longitude values accessed with the Facility Index System
and their Regional Environmental Justice Evaluation System.
Region VIII is offering eight different TRI workshops for industry covering EPCRA, Form R review,
update and addition of new chemicals, data quality, and pollution prevention.
Region IX TRI program staff and the Federal Facilities Coordinator visited the U.S. Mint in San
Francisco as part of the "adopt an agency" program initiated at the National TRI Coordinator's meeting
last summer. The purpose of the visit was to gather information about the agency's operations and
about questions agency personnel might have as they prepare to comply with the requirements under
Executive Order 12856.
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OPPTS
FY1994 Second Quarter Progress Report
Region X has been evaluating the data quality of 1991 and 1992 TRI data. One third of the region's
facilities have been contacted resulting in more than 100 revised Form Rs.
The 33/50 Program:
Most regions report continuing their pursuit of additional company commitments to 33/50 during the
first half of the year through workshops, conferences, and targeted calls. The following regions
reported FY 1994's year to date highlights:
Region I provided technical assistance to several facilities with referrals to the appropriate state and
regional technical assistance agencies. They also presented the 33/50 program to students at Tufts
University and the University of New Hampshire.
Region II is investigating an increase in releases and transfers associated with companies making 33/50
commitments in Puerto Rico. Staff believe that this increase reflects increased production activity at
committed facilities in Puerto Rico having corporate parents located in the continental United States.
Region III added 30 new companies to the 33/50 program in the second quarter to bring total
commitments to 335.
Region V received a few more commitments from its 700 piece mailing in the southeast Michigan
Initiatives.
Region VI now reports four states with very active voluntary reduction programs and the Region is
hoping to add a fifth, New Mexico, following a consortium of state agencies, industry representatives
and federal laboratories that looked at environmental programs in that state.
Region Mil hosted a 33/50 Pollution Prevention Program conference, Partnerships in Prevention, with
over 90 participants from industry, government, federal facilities, smd community groups. Coors
Brewing Company and Samsonite Corporation have committed to participate in the 33/50 program.
Region DCs Merit Partnership for Pollution Prevention team received $149,000 from headquarters in
January for the Toxics Source Reduction Initiative. The funds will be used to increase outreach to
select industrial sectors (e.g. aerospace, metal finishers, electronics, oil refineries, and chemical
companies) through workshops and a brochure.
Region X sent letters to new TRI reporters inviting them to join the 33/50 program. They also
developed a list of companies in the region that will be recognized for their accomplishments in the
program at a banquet in May.
Cross-Media And Outreach Activities:
OPPT added two new narrative measures to report on regional pollution prevention activity:
cross-media and cross-program activities which incorporate pollution prevention principles; and
outreach to state and local governments to encourage pollution prevention in their toxics programs.
Most regions report extensive coordination with states to develop pollution prevention programs.
The following regions reported activities for the first half of FY 1994:
Region I developed and conducted briefings and training on TM pollution prevention data for
Supplemental Environmental Projects and settlement conferences. They also work with the John Snow
Institute to train librarians to use TRI and pollution prevention data.
Region III sponsors a Pollution Prevention Case Study Lecture Series-Partnerships for the
Environment. The purpose of the series is to provide regional staff the opportunity to leam of
industrial pollution prevention initiatives and provide companies a forum to explain how government
can provide incentives for and remove barriers to pollution prevention in meeting the requirements of
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FY1994 Second Quarter Progress Report
OPPTS
environmental laws. They work with state Air Program Pollution Prevention Coordinators to begin a
continuing dialogue for encouraging pollution prevention in Clean Air Act implementation activities.
Region VI coordinated a joint venture agreement-in-principle between Texas Natural Resource aad
Conservation Commission and El Paso/Juarez business leaders to implement a broad-based, pollution
prevention-oriented recycling and waste exchange program on both sides of the U.S./ Mexico border.
Region VI has also developed, with four states, multi-media pollution prevention projects that will
incorporate pollution prevention outreach associated with an EPA or state voluntary toxics reduction
program.
Region VIII conducted a survey of staff to determine what additional training and programs are
necessary to incorporate pollution prevention into the region's regulatory and non-regulatory activities.
Region IX held thirteen TRI/Pollution Prevention workshops for industry and federal facilities. Staff
are coordinating several multi-media enforcement inspections.
Region X is exploring some potential pollution prevention initiatives including: developing a finishing,
coating, or cleaning process in coordination with a state; working with one Pacific Northwest
non-DOD/DOE federal agency to integrate pollution prevention into all their facilities; and developing
a partnership with a Pacific Northwest university with the focus on pollution prevention in the
manufacturing process. The region developed a Pollution Prevention for Inspectors brochure with the
state of Washington.
THE LEAD PROGRAM
OPPT added three new narrative measures this year to capture regional activity in the lead program.
During the first half of the year, regions reported on state accreditation program assistance; Title X
lead activity coordinating efforts; and lead information dissemination efforts. Most regions report
working with their states to develop legislation dealing with lead programs and state accreditation.
Regions are working very closely with their states to coordinate lead activity. The following regions
reported on lead activities:
All Region I states have existing legislation on lead. The region developed a grant program to
distribute $40,000 in grant funds to prevent lead poisoning. They also collaborated with the
Massachusetts Water Resources Authority to develop and distribute a brochure on lead poisoning with
a focus on lead in water.
Region III is working with all its states to encourage development of either enabling legislation or
implementing regulations for statewide lead programs. Region II and Region III are planning a joint
Lead Poisoning Prevention Conference for October. Region III chairs an interagency task force to
collectively reduce the risks of lead poisoning. The region also produced a video on lead poisoning.
Region IV sponsored a forum for its states, tribes, and other federal agencies to discuss Title X and
Lead Cooperative Agreement Programs. They also reprinted and mailed out 16,000 Lead Awareness
Calendars.
Region V developed a Lead in the Environment computer software program which looks closely at the
health problems posed by lead including the sources of lead health effects and techniques for reducing
exposure to lead in the home. A Spanish version of the software will be available in October, 1994.
Region VI provided assistance to Oklahoma during development of their legislation to create a
lead-based paint prevention program, they expect the bill to pass in the third quarter. The region is
developing an outreach campaign for all school administration officials in the region.
Region VIII is actively encouraging states and tribes to develop accreditation programs. In September,
Regions VIII, IX, and X will hold the second annual tri-regional lead meeting.
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OPPTS
FY 1994 Second Quarter Progress Report
Region IX is working with Arizona to draft legislation that would mandate a Model Lead Program for
the state.
Region X is gathering lead information from its states' grant programs to determine the extent of the
lead problem within the states. This information will be used to support the development of state
accreditation programs for inspection and abatement personnel.
OFFICE OF PESTICIDE PROGRAMS
Risk reduction and pollution prevention are major strategies for OPP The Office is focusing efforts
in four priority areas: 1) food safety; 2) safer pesticides; 3) pesticide exposure and environmental
burden reductions; and, 4) field operations.
NEW CHEMICALS
Under the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA), all new chemicals (pesticide
active ingredients, biochemical or microbiological products) must be registered by the Agency to
prevent unreasonable risks from new ingredients and products. OPP reviews new chemical
registration applications and associated data to complete final decisions on the application; the review
typically involves both risk assessment and risk-benefit analyses. Final decisions may result in denial,
unconditional registration, conditional registration, or administrative denial. In addition, under the
Federal Food, Drug, and Cosmetic Act, registration of any chemical that might leave a residue on a
food or feed item requires the establishment of a tolerance or an exemption from tolerance.
OPP records the number of final decisions on new chemicals (new pesticide active ingredients, new
biochemicals, or new microbiologicals) in STARS. To measure performance within the registration
program, OPP counts applications withdrawn by the applicant a'.ong with the more typical final
decision outcomes outlined above. During the first half of FY 1994, OPP recorded final decisions on
eleven new active ingredients against a target of five (and compared to a total of five in FY 1993):
New Active Ingredient Name
Dr. Biosedge (puccinia cunaliculate lagerheim)
Flumetsulam
DELTA
Hydrogen Cyanamide
Cyproconazole
Checkmate CM
Deltamethrin
Benzamide
Acetochlor
Imidacloprid
C-9211
Type of Ingredient
Microbiological
New Chemical
New Chemical
New Chemical
New Chemical
Microbiological
New Chemical
New Chemical
New Chemical
New Chemical
New Chemical
Function of Ingredient
Herbicide
Herbicide
Antimicrobial
Plant Regulator
Herbicide
Mating Disruptant
Insecticide
Herbicide
Insecticide
Insecticide
Insecticide
20
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FY1994 Second Quarter Progress Report
OPPTS
OPP also recorded 30 tolerance petition final decisions against a rnid-year target of 15. By the end of
second quarter, FY 1993, the Office had recorded 12 tolerance petition final decisions against a target
of 21. 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. At the end of second quarter, OPP had 199 tolerance petitions with actions
overdue (i.e., tolerance petitions that have not been processed within an administrative deadline of
240 days from initial receipt); there were 197 actions overdue at the end of second quarter one year
ago.
EXISTING CHEMICALS
Reregistration
EPA is required by law to reregister
pesticides that were evaluated years
ago when standards for government
approval were less stringent. This
comprehensive revaluation of
pesticide safety is critical to
protecting human health and the
environment. In 1988, Congress
amended FIFRA to strengthen and
accelerate the reregistration
program; FIFRA '88 mandated that
EPA complete reregistration
eligibility review of existing pesticides within nine years.
List A
ListB
ListC
ListD
PESTICIDE LISTS A, B, C. D
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.
There are currently 407 registrant supported cases of related existing pesticide active ingredients
requiring review; OPP divided the cases into four lists, with List A pesticides (accounting for 151
cases) having the highest priority for
reregistration eligibility review. The 407 cases
represent about 20-25,000 pesticide products
that require reregistration.
CURRENT STATUS OF REREGISTRATION
500 r At the end of second quarter.
FY1994:
In STARS, OPP reports the number of
Reregistration Eligibility Decisions (REDs)
issued or appropriate regulatory actions taken
(when a case is ineligible for reregistration).
REDs announce that products containing the
active ingredients in the chemical case are
eligible for reregistration. In the first half of FY
1994, OPP issued 13 REDs (4 from List A, 1
from List B, 2 from List C, and 6 from List D)
against a target of 17.
400
300
200
100
- sixty REDs were complete out
of a universe of 407 supported
cases; twenty-one List A REDs
were complete out of a universe
of 151 supported cases.
»6% |
List A UstB UstC UstO
Q Awaiting Data/Data In Review
EJ REDs Corrpteted
All Lists
Products are not actually reregistered until
product-specific data and labeling information are submitted and accepted by the Agency (usually
21
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OPPTS
FY1994 Second Quarter Progress Report
fourteen months after the last active ingredient in the product is eligible for reregistration). OPP
reports the number of product reregistration decisions completed, besides reregistration, decisions
may include product suspension, cancellation, or amendment. During the first half of the year, OPP
reported 194 product reregistration decision completions; the Office completed over 155% of the
product reregistration decisions targeted for this period. In addition, OPP currently has 528 products
referred to the Office of Compliance Monitoring for suspension.
Special Review
The Special Review process begins when EPA has reason to believe that the use of a registered
pesticide may result in unreasonable adverse effects to human health or the environment. A Special
Review involves a very specific resource intensive and time consuming sequence of events; each step
of the Special Review process, from Notice of Special Review (Position Document 1) to Notice of
Final Determination (Position Document 4) and any voluntary actions taken by registrants to reduce
risk, is documented in the Federal Register.
OPP reports Special Review decisions and accomplishments in STARS for chemicals in Special
Review or under consideration for Special Review. During the first half of FY 1994, OPP completed
three special reviews against a target of four:
Inorganic Arsenicais
The PD-4 announcing the conclusion of the special review for remaining non-wood preservative uses of
inorganic arsenicals was published (FR 58:64579) on December 3, 1993. The only remaining
registrations of inorganic arsenicals are wood preservative uses and one registration of arsenic tripxide
ant bait packaged in sealed metal containers. All other registrations have been canceled voluntarily or
by agency action.
DDVP
The food additive regulation for residues of dichlorvos in or on packaged or bagged nonperishable
processed food was revoked with a November 10, 1993 publication date in the Federal Register (FR
58: 59663). The revocation was effective 120 days after publication. The revocation was instituted
due to inconsistency with the Delaney Clause in Section 409 of the Federal Food, Drug, and Cosmetic
Act.
Lindane
The decision not to initiate a Special Review was issued March 4, 1994 providing a 60-day comment
period (FR 59: 12916). A Grassley-Allen notification was issued 9-18-85 for irreversible kidney
effects in lumber yard workers and warehouse applicators exposed to lindane. Data has since shown
that it affects the male rat kidney but is manifested through induction of alpha 2u globulins, which are
not relevant to human health risks.
FIELD OPERATIONS
OPP is seeking to enhance regional, state, territorial, and tribal capacity; the primary objective is to
decentralize program activities that directly impact these entities. In the FY 1994 MO A, OPP
identified Ground Water, Worker Protection, Certification and Training (C&T), Managing Crises
(emergency reaction to chemical and area specific incidents), and Core FIFRA as risk-based priorities
warranting increased regional attention and effort.
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FY1994 Second Quarter Progress Report
OPPTS
Both Managing Crises and Core FIFRA activities involve improving communications and enhancing
data systems. Regional activity in the areas of Ground Water, Worker Protection, and C&T focuses
on cooperative agreement oversight and evaluation as well as outreach and technical assistance to
states, pesticide users, and agricultural employers and workers. Regions report program status (state
accomplishments) for Ground Water, Worker Protection, and C&T in STARS. The following
sections provide a baseline by region for state Ground Water, Worker Protection, and C&T
programs.
Ground Water:
The table below lists the states, territories, and tribes that have submitted completed generic SMPs
and states whose draft SMP is coordinated with the ground water protection program.
GROUND WATER
Region
RI
RE
Rffl
RIV
RV
RVI
RVfl
RVffl
RDC
RX
Total #
Completed SMP
NH, VT, ME, CT
NJ, Puerto Rico, NY
WV, DE, MD, PA, VA
GA, KY, NC, SC, MS, AL, FL, TN
WI, MN
AR.LA.NM.OK.TX
KS, IA, MO
ND.UT
AZ, CA, Guam, Navajo, HI, ITCA (6),
CNMI.NV
ID
46
Coordinated Development Program
CT, MA, ME, NH, RI, VT
None
None
FL.TN
WI
AR, LA, MM, OK, TX,
IA, KS, MO
None
AZ, HI, NV
None
20
23
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OPPTS
FY 1994 Second Quarter Progress Report
Worker Protection:
The following table lists the states that have submitted final Worker Protection Implementation Plans
and states that are actively pursuing projects described in their Worker Protection Implementation
Plan.
WORKER PROTECTION
Region
RI
RH
Rffl
RIV
RV
RVI
RVU
RVffl
RDC
RX
Total #
Completed Implementation Plans
CT,MA,ME,NH,RI,VT
NJ, NY, Puerto Rico
DE, DC, MD, PA, VA, WV
AL, FL, GA, KY, MS, NC, SC, TN
IN, MI, MN, OH, WI
AR, LA, NM, OK, TX
NE, IA, MO, KS
MT, ND, SD, UT, CO, WY
NV, AZ, HI, CA
AK, ID, WA
50
Implementing Implementation Plans
CT, MA, ME, NH, RI, VT
NJ, NY, Pusrto Rico
DE. DC, MD, 1>A, VA, WV
AL, FL, GA, KY, MS, NC, SC, TN
IN, MI, MN, IL, OH, WI
AR,LA,NM,OK,TX
IA, KS, MO, NE
MT, MD, SD, JT, CO, WY
NV, A.L. HI
AK, ID, OR, WA
51
Certification And Training fC&TV
The following table lists the states, territories, and tribes that have analyzed enforcement, inspection
information and made modifications in their certification and training programs based on these
analyses:
Region
RI
Rn
Rm
RTV
RV
RVI
RW
Rvm
RDC
RX
Total n
CERTIFICATION AND TRAINING
Modified Programs
CT, MA, ME, NH, RI, VT
NJ, Puerto Rico
DE, DC, MD, PA, VA, WV
AL, FL, GA, KY, MS, NC. SC, TN
IL, IN, MI, MN, OH, WI
AR, LA, NM, OK, TX
IA, KS, MO, NE
MT,ND,SD,UT,WY
AZ,CA,Giiam,HI,NV
OR
48
24
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PY1994 Second Quarter Progress Report
OPPTS
OFFICE OF COMPLIANCE MONITORING
SUPPLEMENTAL ENVIRONMENTAL PROJECTS
Through second quarter of FY 1994, the regions and Headquarters settled 44 cases with
Supplemental Environmental Projects (SEPs): 19 TSCA cases, 24 EPCRA cases and 1 FIFRA cases.
Through the second quarter of FY 1993, 39 cases with SEPs had been settled.
Of the total 56 individual settlement terms identified as SEPs, 21 related to source reduction activities
and 22 to disposal activities.
FEDERAL INSECTICIDE, FUNGICIDE, AND RODENTICIDE ACT
FIFRA Inspections (State Inspection Data Is Lagged One Quarter)
During first quarter, the states having cooperative agreements with EPA completed 9,550 inspections
or 44% of their yearly target of 21,440. At this time last year, they had completed 32% of their FY
1993 target.
In first and second quarter, Regions VII and VIII with non-delegating programs conducted 106
pesticides inspections or 33% of their 322 yearly target. In FY 1993 they had completed 38% of their
yearly target.
FIFRA State Enforcement Indicators
Through second quarter, states had the following enforcement indicators:
Significant Enforcement Actions 338
Stop-Sale Orders 131
Warning Letters 875
FIFRA Enforcement Activity
Thirty-eight FIFRA Administrative Complaints were issued through second quarter of FY 1994,
compared to 114 in FY 1993. One civil referral was sent to DOT in FY 1994 and one had been
referred at this time last year. Three criminal referrals have been referred this year; none were
referred at this time last year.
TOXIC SUBSTANCES CONTROL ACT
TSCA Inspections
At the end of second quarter, the regions had conducted 442 TSCA compliance inspections or 49%
of the yearly target of 894 inspections. At this time last year, 42% of the annual target had been
conducted.
25
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OPPTS
FY 1994 Second Quarter Progress Report
Under cooperative agreements with states, 914 TSCA inspections were performed or 56% of their
yearly target of 1,639 in FY 1994, compared to 50% completion at this time last year.
TSCA Enforcement Activity
Through second quarter of FY 1994, 71 administrative complaints were issued for TSCA, compared
to 110 at this time last year.
Three TSCA civil referrals were referred to DOJ in FY 1994 compared to one in FY 1993. To date,
three TSCA criminal referrals have been referred to the Office of Criminal Enforcement. One had
been referred at this time last year.
EMERGENCY PLANNING AND COMMUNITY RIGHT-TO-KNOW ACT
EPCRA $ 313 Inspections
The regions conducted 360 EPCRA § 313 compliance inspections or 52% of their 688 yearly target,
compared to 44% at this time last year.
EPCRA $ 313 Enforcement Activity
Fifty-five EPCRA administrative complaints have been issued to date compared to 52 at this time last
year.
26
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FY 1994 Second Quarter Report OSWER
OFFICE OF SOLID WASTE AND EMERGENCY RESPONSE
INTRODUCTION
The Office of Solid Waste and Emergency Response (OSWER) fulfills statutory mandates and
environmental goals through activities listed in its strategic plan. The plan outlines four major
program objectives OSWER is undertaking to
achieve its long term mission (see text box).
This report discusses OSWER progress in
achieving these objectives in the context of its
major program components. Each program
develops measures of progress through its
annual guidance process, and reports progress
in the Strategically Targeted Activities for
Results System (STARS). Most of the
OSWER performance information in STARS
comes from national databases maintained by
OSWER: the Comprehensive Environmental
Response, Compensation, and Liability
Information System (CERCLIS) and the Resource Conservation and Recovery Information System
(RCRIS).
OSWER'S MAJOR PROGRAM OBJECTIVES
Minimize the quantity and toxicity of waste created by
commercial, industrial, and governmental activities;
Ensure environmentally sound management of solid
and hazardous wastes;
Prevent harmful releases of oil and hazardous
substances into the environment; and
Prepare for and respond in a timely and effective
manner to releases of hazardous materials into the
environment.
SUPERFUND
The Office of Emergency and Remedial Response (OERR) and the Office of Waste Programs
Enforcement (OWPE) implement the Superfund program established by the Comprehensive
Environmental Response, Compensation and Liability Act (CERCLA) of 1980, as amended by the
Superfund Amendments and Reauthorization Act (SARA) of 1986. OERR is responsible for the
cleanup of abandoned hazardous waste sites, exclusive of those on federal facilities, now on the
National Priority List (NPL) using funds made available through the Hazardous Waste Trust Fund
(the Superfund) for emergency removals and long-term remediation. The abandoned hazardous
waste sites on federal facilities, largely Defense and Energy facilities, will be the responsibility of
their respective departments. OWPE uses enforcement actions to get potentially responsible parties
(PRPs) to clean up these sites and/or to pay for the cleanup of these sites.
The Superfund program is one of two large construction programs in the Agency (the other is the
Construction Grants program). The Superfund annual budget of about $1.6 billion is in a trust fund
limiting use of these monies only for Superfund work. The work is done largely by private
companies under contracts managed by regional offices. Congress has shown a strong interest in
where and how Superfund monies are spent.
Base Review
In 1993, the Administrator requested a review of the Superfund program and its spending. A
Steering Committee, composed of all headquarters offices which receive Superfund monies and four
regions, is refining the list of Superfund priorities and goals and what it will cost to achieve them in
FY 1996. The Steering Committee is also looking at how Superfund's resources are currently
spread by functional activity to determine if we can redirect our spending to better support the
program's priorities. The results will inform the Agency's FY 1996 budget formulation process.
27
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OSWER
FY 1994 Second Quarter Report
The Superfund program has activities under the OSWER strategic plan to promote environmentally
sound management, and to prepare for and respond to releases.
ENSURING ENVIRONMENTALLY SOUND MANAGEMENT
SARA increased the emphasis on ensuring the effectiveness of long term cleanup solutions for
Superfund sites. The Superfund program continues steady progress toward meeting its stated goal
of cleaning up 650 sites by the end of the Year 2000. To achieve this, their informal goal is to clean
up about 270 NPL sites by the end of FY 1994,
NPL SITE
CLEANUP STAGE
NPL Sites with
Cleanup Construction
Completed (% of goal
of 650 by 2000)*
Sites on National
Priority List (NPL)
Year End
1991
63
(10%)
1,122
Year End
1992
149
(23%)
1,152
Year End
1993
217
(33%)
1,187
Mid-Yea-
1994
234
(36%)
1,192
Comments
Program expects to
reach end-of-year goal
of 270 NPL sites.
Not including 123 federal
facilities on the NPL.
* Means cleanup construction completed at all operating units at a NPL aite. Regions reported that about
97% of the improvement in environmental condition came soon after the* cleanup construction, and it was
not necessary to wait an additional 5 years to verify cleanup completion.
1,192
600"
400-
Total NPL
Sites
650 (Goal for
* Yr2000)
(36% of goal)
1991
1992
1993
1994
mid-yr
Preliminary data show that cleaning up NPL sites
has been slowed from 37 quarters in FY 1988 to 44 1200 ^ Total NPL Sites*
quarters in FY 1993. Some delay has been due to T~*noi incijding 123
efforts to involve potentially responsible parties in 100° " feo-era| facilities
the cleanup process. Recently, the communities in soo +
which NPL sites are located have indicated a strong
desire to be involved in cleanup decisions. In
addition, technological innovations in cleanups may
clean up sites more cheaply and naturally, but take 200 -
longer. These factors combine to slow down the
cleanup process overall. For continuing, long-term
effectiveness of the Superfund program, sites must
enter and exit the pipeline at a similar rate.
Otherwise, site cleanups may come to a sudden halt after the Year 2000 while waiting for the
preliminary site work to be done.
PREPARING FOR AND RESPONDING TO RELEASES
Improve Site Identification and Remediation
OERR is trying to reduce the time from site identification to effective response. Each year about
1,750 site investigations are done, resulting in 60-80 sites nominated for the NPL. Recently the
regions have focused on speeding cleanup pace under the Superfund Accelerated Cleanup Model
(SACM). To align the program more closely with SACM, the Superfund program instituted three
new, broader measures in FY 1994 (see below). By incorporating and tracking cleanup actions on a
wider scope, these measures provide more program-wide measures of progress being made towards
site cleanup at all sites, not just those at NPL sites.
28
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FY 1994 Second Quarter Report
OSWER
The first new measure, site screening and
assessment decisions, captures a key principle of
SACM: the integration of pre-remedial and/or
removal assessment activities. This identifies
sites where a decision has been made how to
proceed with each site response.
The second new measure, early or long term
actions to remediate sites started, builds on the
SACM philosophy by capturing all sites (NPL,
non-NPL, or NPL caliber) where either early or
long term cleanup actions have been initiated to
address risks to human health and the
environment.
SUPERRJND FOCUS IS ON EARLY ACTIONS
TO REDUCE GREATEST RISK QUICKLY
Regions were active during the winter, completing:
370 Site Screening and Assessment Decisions.
109 (against a target of 96) Remedies Selected
and Action Memos signed for Early Actions.
99 First Early/Long Term Actions started on NPL,
NPL-caliber, Non-NPL sites.
120 Early/Long Term Actions completed at NPL,
NPL-caliber, Non-NPL sites.
17 {against a target of 18) NPL sites with Cleanup
Construction Completed.
The third new measure is early or long term actions completed. The early action component here
tracks the completion of emergency responses, time critical, or non-time critical removal actions or
early actions under remedial authority. The long term component tracks cleanup responses intended
to achieve the completion of more extensive, traditional site remediation.
Enforcing Statutory Requirements
In FY 1994, the Superfund enforcement program
continued to both expand the universe to include
both NPL and non-NPL sites, and accelerate the
process of private-party response by
emphasizing:
Negotiations to include consent decrees
reached under §106 or 106/107 and referred
to DOJ or Headquarters, and administrative
orders issued under §106 or 106/107.
SUPERFUNO ENFORCEMENT FOCUS IS ON
NEGOTIATED SETTLEMENTS, NOT LITIGATION
28 (versus a target of 34) negotiations completed
at enforcement lead NPL sites; and three at non-
NPL sites;
Six (vs. a target of five) §122(g) de minimis and da
micromis settlements and PRP signatories;
38 (vs. a target of 55) cost recovery
actions/decisions taken on cases with estimated
costs greater than or equal to $200,000.
De minimis and de micromis settlements
(administrative orders on consent and consent decrees) for small volume waste contributors by
site, with the PRPs signatory to each settlement reached
Cost recovery actions/decisions to include injunctive (§106 or 106/107) referrals, settlements for
past costs under a consent decree or through a cashout, preparation of a decision document not to
pursue cost recovery, administrative cost recovery settlements, initiation of Alternative Dispute
Resolution for cost recovery, and bankruptcy filings.
In the Office of Enforcement Docket, by mid FY 1994 there were:
30 CERCLA §107 cost recovery referrals to DOJ, including those less than $200,000 and/or
those involving proof of claim bankruptcy issues, compared to 15 for the first half of FY 1993.
48 CERCLA civil referrals during the year compared to 30 by this time in FY 1993, and 39 for
the same period in FY 1992.
73 administrative orders (Administrative Orders of Consent and Unilateral Administrative
Orders) were issued,compared to 81 for the same period last year.
29
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OSWER
FY 1994 Second Quarter Report
HAZARDOUS WASTE
The Office of Solid Waste (OSW) and the Office of Waste Programs Enforcement (OWPE) manage
the hazardous waste program under Subtitle C of the Resource Conservation and Recovery Act
(RCRA) and the Hazardous and Solid Waste Amendments (HSWA). OSW and OWPE work to
minimize waste, promote environmentally sound management, and prepare for and respond to
releases.
MINIMIZING HAZARDOUS WASTE
All regions reported waste minimization
activities during the first half of FY 1994 (see
text box). OSW is developing the waste
minimization component of the Combustion
Strategy which deals with environmental effects
of incineration versus solid waste. The waste
minimization component addresses issues
concerning incinerated waste including metals,
halogenated-organics, and bio-accumulative
compounds. Regions I, IV, V, and VI, which
have a significant number of incinerators, have
prepared waste minimization plans for the
Combustion Strategy.
WASTEWl$E PROMOTES WASTE REDUCTION
Wastewi$d is an initiative to encourage:
Waste and cost reduction in business operation
Technical assistance to companies to reduce
hazardous waste
Waste minimization language in permits, and
Regional roundtable meetings on waste
management
ENSURING ENVIRONMENTALLY SOUND MANAGEMENT
OSW has two main activities to carry out environmentally sound management: making the program
more effective, and enforcing statutory requirements.
More Effective RCRA Subtitle C Program
To streamline and simplify RCRA regulations,
OSW has continued an outreach program to
involve industry, environmental groups, and the
states in reviewing waste definitions and
management requirements.
Many closure plan approvals are for facilities
which are losing interim status or are non-
notifiers. OSW's priority for these facilities is to
complete Part B Applications.
At operating facilities, OSW's priority is for
corrective action at high risk facilities (where
needed).
Enforcing Statutory Requirements
In the second quarter of FY1994, the RCRA enforcement program emphasized compliance with
regulations regarding incinerators, boilers and industrial furnaces. Regions conducted inspections of
RCRA I:OCUSES ON CLOSURE AND
CORRECTIVE ACTDN
For 4,200 RCRA facilities, regions report:
68 facility cosure plans approved, same as this
time last year;
X Part B applications called in;
21 Post-Closure final determinations made.
19 operating permit decisions, same as this time
last year.
30
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FY 1994 Second Quarter Report
OSWER
treatment, storage, and disposal facilities to ensure compliance with operating requirements and
corrective action schedules, as well as inspections for transporters and large quantity generators. As
of second quarter FY 1994, there were inspections at:
383 land disposal facilities for regions and states compared to an average of 269 per quarter last
year,
692 treatment, storage and disposal facilities by region and state; and
377 federal, state and local treatment, storage and disposal facilities.
In addition, first time inspections were conducted at 4,400 hazardous waste generators.
45% OF RCRA FACILITIES ARE IN FULL COMPLIANCE
BUT RCRA FACILITIES IN SNC ARE RETURNING TO COMPLIANCE VERY SLOWLY
2,024 facilities (about 45% of all RCRA permitted facilities), are in full physical compliance with no
outstanding class I violations, a measure of good performance.
1,339 facilities with class I violations resulting from formal enforcement actions are on compliance
schedules with no schedule violations.
1,485 facilities are in significant noncomptiance (SNC) as of second quarter FY 1994. Of these 1,485
facilities, 656 (58%) have been addressed with a formal enforcement action.
Of those facilities that have been out of compliance for three or more years, 272 of these have not yet
come into compliance with their original compliance violations.
Compared to 166 facilities that had no subsequent violations, 308 facilities that were subject to at least
one formal enforcement action in FY 1991 were still in significant non-compliance.
While 181 facilities with FY 1992 formal actions had no subsequent violations, 239 are still in
noncompliance with the same type violations.
12 enforcement settlements incorporated pollution prevention or reduction activities including
pollution reduction, environmental restoration, environmental auditing, and enforcement-related public
awareness.
'Significant noncompliers are defined as follows:
(1) For the period prior to 1968, LDFs with Class I violations for ground water, financial responsibility or
closure/post closure
(2) For FY 1988-1989, LDFs with Class I violations for ground water, financial responsibility or
closure/post closure or corrective action compliance schedules at all TSDFs
(3) For FY 1990, TSDFs that are classified as High Priority Violators (HPVs) according to the revised
Enforcement Response Policy (ERP). Included are those TSD facilities that are designated HPVs
because of land disposal restriction violations.
(4) For FY 1991 and beyond, any TSDF, Generator or Transporter identified as a High Priority Violator
according to the ERP.
31
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OSWER
Through second quarter
FY 1994 Second Quarter Report
EPA referred 11 RCRA civil and 29 criminal cases to the U.S. Department of Justice compared
to 2 civil and 9 criminal cases at the same time last year. The states reported 12 criminal actions
and 41 civil actions compared to 8 criminal actions and 43 civil actions for last year.
EPA issued 99 formal administrative actions compared with 68 issued for second quarter, 1993.
State programs issued 732 administrative actions in the second qujuter compared to 608 last year.
PREPARING FOR AND RESPONDING TO RELEASES
OSW estimates that about 50-70% of about 4,200 treatment, storage, or disposal facilities need
corrective action because of releases. STARS data showed about 500 facilities in the corrective
action pipeline:
12 National Corrective Action Priority System (NCAPS) priority facilities moved into Stage I
(information collection and study stage) this year.
Nine facilities have entered Stage II (remedy development and selection started) for the first time
this year, about the same as last year;
Stage m (remedy started) included 15 facilities this year.
83 facilities have been evaluated for immediate stabilization measures; and
Two corrective actions were made at medium/low NCAPS priority facilities which have a high
environmental priority. The RCRA Implementation Plan stresses a focus on high NCAPS
priority facilities, but recognizes the need to undertake corrective actions at medium or low
NCAPS priority facilities that have a high overall environmental priority.
32
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FY 1994 Second Quarter Report
UNDERGROUND STORAGE TANKS
OSWER
The Office of Underground Storage Tanks (OUST) manages a program under Subtitle I of RCRA to
address leaking underground storage tanks (LUSTs). OUST's mission is to build state and local
leak prevention and corrective action programs of sufficient quality that regulated USTs no longer
present a human health or environmental problem in the U.S.
PREVENTING HARMFUL RELEASES
OUST implements a program to reduce the harmful effects of releases from underground storage
tanks. There are about five to seven million underground storage tanks in the nation, but OUST
regulates only the 1.6 million that store either petroleum or certain hazardous chemicals. About 15-
20% of regulated tanks are leaking. Over 751,000 regulated underground storage tanks have been
closed to date.
As part of its strategy in fulfilling its overall mission, OUST relies primarily on states, and has set
up formal agreements with all states to operate the UST program. Moreover, OUST has assisted
several states in developing authorities to operate in lieu of the EPA program. At the end of second
quarter, EPA had delegated program authority to 13 states, granting them formal approval to regulate
USTs in lieu of EPA. Three states have received tentative approval of their applications, and an
additional 21 states have submitted applications for program approval.
13 APPROVED STATE LUST PROGRAMS AND
24 STATES IN APPROVAL PROCESS
Puerto Rico
CH Virgin Islands
HS District of
Columbia
APPROVAL STATUS
Final Application (21 states)
;.;-;V] Tentative (3 states)
Rnal (13 states)
During second quarter of FY 1994, headquarters and regional offices conducted several technical
assistance activities to support state programs, including:
UST national training conference in St. Louis, MO, attended by 350 state and regional
personnel.
Strategic Technology Exchange Workshops (STEWs), conducted by the OUST Corrective
Action Team, focusing on alternative technologies like air sparging and soil vapor extraction.
33
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OSWER
FY 1994 Second Quarter Report
Training sessions in Philadelphia, PA on state program approval piwesses and codification of
state programs in Region ffl.
Region VII's training session on Hyperventilate software, which regulators and consultants
can use to evaluate site characteristics and remediation options.
PREPARING FOR AND RESPONDING TO RELEASES
OUST's 1993 Strategic Framework lists several strategies that contribute to the LUST program's
ability to prepare for and respond to releases. OUST's goal is to promote scientifically-sound,
rapid, and cost-effective corrective actions at release sites through the use of streamlined processes,
effective technologies, and improved cross-program coordination.
STARS data keep track of the core activities of LUST operations which fulfill goals listed in
OUST's Strategic Framework. OUST's main indicators of program performance are confirmed
releases, cleanups initiated, and cleanups completed. By mid-year of FY 1994:
253,800 underground storage tanks had confirmed petroleum or chemical releases (16,778 in the
first half of FY 1994).
193,965 cleanups had been initiated. Of these, 190,362 were initiated by responsible parties,
759 had state leads using LUST trust fund dollars; and 2,844 had state leads without trust fund
dollars.
96,644 cumulative cleanups were completed, with 95,184 having responsible parties leads, 233
with state lead with trust fund dollars; and 1,227 state leads without trust fund dollars.
LEAKING USTS OUTGROW INCREASED CLEANUP RATE
200,000--
100.000--
253,800 CONFIRMED RELEASES
193.965 CLEANUPS INITIATED
96,644 CLEANUPS COMPLETED
1989 1990 1991 1992 1993 1994
MID-YR.
FISCAL YEAR
34
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I
FY 1994 Second Quarter Report
OSWER
OIL POLLUTION ACT
OERR manages a program under the Oil Pollution Act (OPA) of 1990 to address releases of oil from
above ground storage facilities. The OPA program has activities to prevent harmful releases and to
prepare for and respond to releases.
PREVENTING HARMFUL RELEASES
Nationwide, there are about 6,500 major above
ground oil storage tank facilities which are the
highest risk (high volumes or vulnerable water
resources). Facilities are developing response
plans under a proposed regulation with risk-
based definitions for facilities that could cause
"substantial harm" and "significant and
substantial harm" to the environment. The final
regulation is expected to be published in the
Federal Register in mid-June of 1994.
Major above ground oil storage facilities posing
"significant and substantial harm" to the
environment must have their response plans
reviewed and approved by February 18,1995, or
stop handling, storing, or transporting oil.
MOST MAJOR OIL STORAGE FAClLfTIES HAVE
SOME RESPONSE PLAN
The regions analyzed all 4,032 response plans sent in
through February 1994.
For the 2,550 of these facilities posing possible
"significant and substantial" harm to the environment:
2,100+ facilities had plan reviews start in FY 1993;
1,438 more facilities had plan reviews start by mid-
year of FY 1994;
500 plan reviews were completed, and awarded
interim status pending formal approval.
All facilities posing possible "significant and
substantial" harm are expected to have their
response plan reviews completed by March 1995.
PREPARING FOR AND RESPONDING TO RELEASES
Improve Site Identification and Remediation
To improve identification and remediation, OERR
plans and conducts responses to oil spills from
major above ground oil storage tank facilities. Of
the 20,000 oil spills a year, only about 200 come
under Agency responsibility. The statute does not
specify under what circumstances FJPA is to
assume command of a cleanup. The On Scene
Coordinator exercises best professional judgement
as to whether it is a big or significant amount, the
ecosystem is sensitive, or that the potentially
responsible party or state does not have things
fully under control.
NEW OIL SPILL CLEANUPS START SLOWLY
So far this year, the regions have:
Started (but not completed) 10 oil spill cleanups
using OPA funds;
Served 6 administrative penalty enforcement
actions against companies for violations under the
Clean Water Act §311 (b)3 or §311 (j); and
Reached 2 judicial penalty enforcement actions
against companies for violations of spill
regulations or spill prevention regulations.
Prior to this year, oil companies had many small and large spills, but penalties were limited to
$5,000 per occurrence. Under the OPA:
First civil penalties against two large oil companies averaged over $400,000 and required the
companies to install spill prevention and detection devices on pipelines.
Potentially responsible parties have spent a total of $9.7 million for oil spill cleanups.
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OSWER
FY 1994 Second Quarter Report
ACCIDENTAL RELEASES
The Chemical Emergency Preparedness and Prevention Office (CEPPO) implements a program
under CERCLA, Title HI of SARA also known as the Emergency Planning and Community Right-to-
Know Act (EPCRA) of 1986, the Clean Air Act Amendments of 1990, and the Oil Pollution Act of
1990. CEPPO tracks activities to prevent accidental releases of hazardous chemicals and to prepare
the local community to respond if a release does occur.
PREVENTING HARMFUL RELEASES
CEPPO's strategy is to improve release prevention practices and technologies by:
Increasing compliance under EPCRA §302-
312 and CERCLA §103 (for example,
compliance sweeps training for industry, public
sector, and local officials);
Doing chemical safety audits in companies to
review where improvements can be made and
to support options for implementing better
safety measures, and
CEPPO FOCUS IS TO INCREASE COMPLIANCE
By mid-year FY 1994, the regions completed:
56 activities to increase compliance.
21 chemical safety audits done in-plant with final
reports written.
69 final complaints with evidence filed for penalty
enforcement actions.
Filing penalty enforcement actions (where necessary) against companies which have violated the
EPCRA reporting regulations.
PREPARING FOR AND RESPONDING TO RELEASES
CEPPO's goal is to enhance state and local capability to prepare for and respond in a timely manner
to releases of hazardous substances by providing technical assistance in chemical emergency
planning and response techniques as well as various training and workshops to:
Local, state, and federal agencies required to
develop response plans and coordinate
response actions;
Local fire and police departments or emergency
medical first responders;
Industry staff responsible for preventing or
reducing accidental releases and for developing
emergency response plans; and to
The general public in college classes or public
meetings.
REGIONS PROVIDE FREQUENT ASSISTANCE
By mid-year, the regions carried out 381 technical
assistance and training activities, in these rough
categories:
Presentations;
Reviews of plans and programs to prevent or
respond to accidental releases;
Participation in conferences and meetings;
Tabletop or field exercises in response; and
Computer training to use Computer Aided
Management of Emergency Operations (CAMEO)
or other software programs to develop response
plans or file reports.
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FY 1994 Second Quarter Report
OSWER
SOLID WASTE
The Office of Solid Waste (OSW) in OSWER manages the solid waste program under subtitle D of
the Resource Recovery and Conservation Act (RCRA) of 1974, as amended by the Hazardous and
Solid Waste Amendments (HSWA) of 1984. OSW has activities to minimize waste quantity, and to
promote environmentally sound management.
During the last quarter OSW held a "kickoff' meeting to begin development of a new strategic plan.
The plan develops a new vision for the mid-1990s, guiding principles, and program objectives. The
plan will promote streamlining efforts as well as waste minimization.
MINIMIZING WASTE
WASTE MINIMIZATION EFFORTS ARE INCREASING NATIONWIDE
OSW reports several nation-wide efforts to reduce hazardous waste generation this year, including:
Reviewing the draft Combustion and Waste Minimization Strategy; and developing guidance for
generators on "Elements of a Waste Minimization Program".
Listing generators with waste minimization programs in place, targeting generators of combustible
waste, and working with states in Region V to measure waste minimization progress in companies.
Regional reporting of their waste minimization efforts into STARS. Regions also report on their
waste minimization activities in monthly conference calls.
Recent solid waste minimization activities listed in OSW's weekly activity reports include the
following:
Region VIE took enforcement action against a Wyoming mining company for not having a waste
minimization program in place. The Region also established a pollution prevention partnership
with industries in Colorado to assist in waste reduction work.
Region X held workshops on Executive Order 12856 for federal facilities in that region. More
than 50 military officers attended.
In partnership with Pennzoil, OSW published a flyer entitled "Collecting Used Oil for
Recycling/Reuse," that promotes reuse of oil and oil filters.
OSW participated in a joint workshop with the National Recycling Coalition's Buy Recycled
Business Alliance (BRBA). The workshop was designed to inform states about BRBA and
WasteWi$e programs.
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OSWER
FY 1994 Second Quarter Report
ENSURING ENVIRONMENTALLY SOUND MANAGEMENT
OSW continues to develop EPA-approved state and municipal solid waste landfill (MSWLF)
programs. The deadline for states to apply federal criteria for municipal landfills (location, design
and operating standards, ground water monitoring, corrective action, closure and post-closure care,
and financial assurance requirements) was extended.
Nationwide, 33 MSWLF state permit programs have been approved, and another 14 states have
submitted complete applications for approval. State Approval Status at the end of second quarter
1994 is shown on the map below:
MSWLF Permit Program Approval Status
|S9 Approved Permit Programs
[[] Proposed Approval Published in Federal Register
| | Applications Received
(14)
Q Puerto
Rico
D
U.S. V.I.
In addition to states, two mainland Indian tribes and two U.S. territories have entered into the
permitting process.
The Campo Tribe of San Diego, California has completed its application for approval.
Cheyenne River Sioux Reservation of South Dakota received regional tentative adequacy
determination which was published in the Federal Register.
The U.S. territory of Virgin Islands has completed its application for approval.
Puerto Rico received regional tentative adequacy determination on March 23,1994.
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FY 1994 Second Quarter Progress Report
OW
OFFICE OF WATER
INTRODUCTION
The Office of Water's (OW) vision is a nation that has clean, safe, and sufficient water resources
to sustain living things and societal needs. The goals and guiding principles outlined in the Office
of Water's draft strategic plan, Water Planet IV, serve as a the foundation for achieving their vision
and as the framework for guiding the direction of the program.
The OW's key directions as stated in its FY 1994 Program Specific Operating Guidance are:
Watershed Protection and Geographic Targeting: The watershed protection
approach provides a framework for integrating individual program efforts to improve water
quality for beneficial uses, including drinking water, and to protect and restore natural
resources. Through geographic targeting, efforts will be directed more effectively to solve
site-specific problems. Key directions that address watershed protection and geographic
targeting include: integrating the watershed approach into all water programs, implementing
of the new Watershed Restoration Program, and targeting high priority waterbodies and
key geographic areas such as the Mexican Border.
Wet Weather Runoff: Nonpoint sources, combined sewer overflows (CSOs), and
storm water runoff present the most significant remaining causes of water impairment.
Key directions in FY 1994 to address wet weather runoff include: issuing storm water
permits; implementing the nonpoint source program with a focus on coastal areas,
implementing the national policy for permitting and enforcement of CSOs, and developing
and incorporating total maximum daily loads (TMDLs) into permits.
Building State and Local Partnerships: OW has identified areas in critical need of
EPA support, including: drinking water program and new Drinking Water State Revolving
Fund (SRF), the Ground Water Program, the Wetlands Program, the Sludge program and
National Pollutant Discharge Elimination Systems (NPDES)/ general permitting authority,
the implementation of the National Toxics Rule, and the water monitoring program.
This report describes the progress made by the Water Program in implementing its key directions
for Fiscal Year 1994 by environmental problem area through the activities conducted by its
headquarter and regional offices, states, and tribes that support these directions.
POINT and NONPOINT SOURCES
Threats to rivers, streams and lakes are characterized as point or nonpoint in origin. Point source
discharges include industrial and municipal effluent; pollutants of concern include total suspended
solids, toxic organics and inorganics and thermal pollutants. Nonpoint source discharges include
runoff from agriculture, urban, industrial and silvicultural lands; surface discharge of septic tanks;
contaminated sediment; acid deposition; solid waste disposal; hazardous waste sites; and pesticide
runoff.
The goal of the Water Program is to reduce loadings to improve ambient conditions. Current
strategies are to target pollution prevention and control activities. As described below, some
activities that support this goal are tracked in STARS.
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OW FY 1994 Second Quarter Progress Report
POINT SOURCES
Construction Grants and State Revolving Fund fSRF")
The Construction Grant Program provided grant assistance to local governments for the
construction of waste water treatment facilities. The 1987 Clean Water Act (CWA) amendments
provided no new additional monies for the Construction Grant Program after FY 1990, but
replaced it with the State Revolving Fund Program (SRF) and special projects under the
construction grant program. The SRF gives states the responsibility for developing and operating
their own programs, through financial assistance for Publicly Owned Wastewater Treatment
Works (POTWs) and other eligible activities including nonpoint source pollution control and
estuary projects. EPA makes capitalization grants to the states, helping them establish revolving
funds and overseeing state management.
In terms of dollars, the construction grant/SRF program is EPA's largest. The program has
provided financing and grants to more than 13,000 interstate agencies and state and municipal
governments for the construction of over 5,000 POTWs. To date, over 5,644 wastewater
treatment facilities have been constructed or initiated.
Nationally, the Water Program met 101% of its commitment in outlays for the construction grant
and SRF programs. Regions I, II, V, VI, VII, VIII were within the ± 5% of target.
OW developed a national strategy to expedite closeout of the Construction Grant Program in
response to the 1987 CWA Amendments. The strategy calls for the administrative completion of
all construction grant projects by FY 1995 and project closeout by the end of FY 1997,
Administrative completion includes all work leading up to a final audit by the Inspector General.
and is the last major action performed by a delegated state agency. After an administrative
completion, the primary responsibility for administering the project shifts to the EPA regional
offices. 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.
During second quarter, regions and states administratively completed 123 projects. To date, 928
projects remain to be administratively completed by the end of FY 1995. Through second quarter,
the regions reported 339 project closeouts or 51.2% of the end-of-year target of 622. To date,
2,590 projects remain to be closed out by the end of FY 1997.
NPDES Permits and Enforcement
NPDES Permits Program:
The NPDES permit program is the key regulatory tool for limiting point source discharges.
Originally designed to control conventional pollutants, the program now also limits toxics and
CSOs. Fully authorized states can issue permits for NPDES, pretreatment, federal facilities, and
general permits for stormwater, sludge, etc.
Water Quality-Based Permits
STARS tracks permits reissued or modified with water quality-based limits for toxics by EPA and
its delegated states. NPDES permits ensure that a discharger does not violate state water quality
standards and therefore protect against adverse impacts to aquatic life and human health.
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FY 1994 Second Quarter Progress Report
OW
Collectively EPA and delegated states reissued or modified 379 NPDES permits. EPA regional
performance showed a slight increase over last year at this time. Delegated states continue to
improve their performance in reissuing of NPDES permits compared to last year..
Permits Issued for CSO
The CWA required EPA to publish regulations to control storm water discharge under NPDES,
EPA regions or approved states can issue NPDES permits to owners and operators of combined
sewer systems to control CSO discharges to surface waters. Combined sewer systems are
designed to transport both sanitary and industrial wastewaters as well as storm water runoff to
POTWs for treatment prior to discharge to receiving water bodies.
STARS tracks the number of combined sewer systems placed on a compliance schedule (through
either a permit or an enforcement action) to address CSO discharges and put CSO controls in place.
During second quarter, regional offices reported issuing 4 permits. NPDES-delegated states issued
23 permits, the majority of which were issued in Regions in and VI.
Pretreatment Program:
APPROVED
STATE PRETREATMENT PROGRAMS
Approved Stale*
Pretreatment programs assure that POTWs enforce
controls to protect health and the environment from
environmental hazardous and toxic pollutants. EPA
and its 27 delegated states conduct audits of
pretreatment programs and inspections of pretreatment
facilities. An audit or inspection should be conducted
annually.
During the second quarter, regions and their delegated
states conducted 114 audits against an end-of-year
commitment of 318 (35.8%) and 286 inspections
against an end of the year commitment of 863 (33.1%).
Nationally, audits and inspection performance is proceeding at last year's pace.
NPDES Enforcement
The principle FY 1994 enforcement objective for the NPDES program is to maintain high levels of
compliance utilizing the significant noncompliance (SNQ/Exception reporting and enforcement
process.
Inspections of Major NPDES facilities
OW has targeted 2,189 inspections of major facilities during second quarter FY 1994. The regions
and states conducted 2,925 major inspections which exceeded the second quarter target All of the
regions exceed their second quarter inspections target except Region X which met 88% of its
target.
NPDES Enforcement Activity
At the beginning of the second quarter, the NPDES violator exception list included 115 facilities.
During the second quarter, 48 facilities returned to compliance and 23 were subjected to
enforcement action. The remaining 44 unresolved facilities plus 45 new SNCs added as exceptions
during the quarter constitute the pending balance of 89 facilities.
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FY 1994 Second Quarter Progress Report
In second quarter, EPA issued 619 administrative orders to violators, compared to 540 at this time
last year. The orders include 70 administrative penalty orders (67 last year).
As of the second quarter, states have referred 38 judicial cases to their State Attorneys General
which is lower than at this time last year when there were 55 referrals. The states have also issued
781 administrative orders, compared to 841 orders issued in second quarter FY 1993. The state
orders include 130 proposed penalty orders (219 penalty orders last year at second quarter).
Pretreatment Enforcement Activity
OW is reporting on its enforcement efforts in the pretreatment program. Pretreatment programs
assure that POTWs enforce controls to protect human health and the environment from
conventional, hazardous and toxic pollutants.
OW reports that 38 POTWs are in SNC. Of the 38 POTWs in SNC, 79% of the SNCs are in
Regions IV and V. This year, 863 POTWs with approved pretreatment programs are targeted for
inspections. As of the second quarter, EPA and the states completed 286 (33%) of the inspections.
Through the second quarter, EPA has issued 10 pretreatment administrative orders. States have
issued 1 pretreatment administrative order.
Storm Water
APPROVED
STATE GENERAL PERMITS PROGRAM
Approved States
Storm water runoff is a part of the natural hydrologic
process. However, human activities, particularly
urbanization, can alter natural drainage patterns and add
pollutants to the rainwater and snowmelt that enters our
nation's rivers, lakes, streams, and coastal waters. The
National Water Quality Inventory, 1992 Report to
Congress indicates that roughly 11% of identified cases
of water quality impairments are attributable to storm
water discharge, based on assessment of 24,407 stream
miles.
The goal of the Storm Water Program is to improve the
water quality by reducing the pollutants contained in storm
water discharges. The Storm Water Program significantly expands the scope and application of the
existing NPDES permit system for municipal and industrial process wastewater discharges. It
emphasizes pollution prevention and reflects a heavy reliance on best management practices to
reduce pollutant loadings and improve water quality.
In FY 1994, STARS tracks the number of regulated storm water facilities for which a Notice of
Intent (NOI) has been submitted under EPA or state-issued general permits. A baseline-general
permit regulates storm water discharges associated with industrial activities. During second
quarter, regions and their NPDES-delegated states reported receiving 57,693 NOIs.
NONPOINT SOURCES (NFS)
Watershed Assessment
OW will continue to assist states in implementing approved state NPS management programs
under §319 of the CWA, and will continue to support the Agricultural Pollution Prevention
Strategy. In addition, OW will continue to support the states in the development of Total
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FY 1994 Second Quarter Progress Report
OW
Maximum Daily Loads (TMDLs) as a basis for priority
watershed assessment and protection programs. All
states have approved assessments and management
programs which identify priority waterbodies
requiring actions to abate or prevent NPS pollution.
In support of ecological protection to
ensure healthy fish and wildlife populations.
current program objectives include:
increasing the percentage of waters fully
supporting aquatic life use in targeted waters;
decreasing the dead zones in
geographically targeted waters; and
reducing the amount of debris in the marine
environment.
In FY 1994, OW continues its efforts to assess
regional and state progress in achieving schedules for
establishment of targeted TMDLs. The program will
also begin to determine the extent to which nonpoint
sources, ecological restoration and habitat protection are being incorporated in the TMDL process.
STARS will report on actions taken on a subset of impaired and threatened waterbodies during
fourth quarter.
Watershed Protection
Coastal Nonpoint Source Program
The 1990 Amendments to the Coastal Zone Act Reauthorization require states to develop and
submit coastal nonpoint source control programs to EPA and the National Oceanic and
Atmospheric Administration (NOAA). EPA and NOAA have six months following state
submission to jointly review and approve these programs. In FY 1994, STARS will track state
submission and approval of these programs. Progress on this measure will be reported in fourth
quarter.
Nonpoint Source Pollutant Controls
In FY 1994 STARS will track the number of each state's priority watersheds in which the state is
actively implementing NPS controls or activities to prevent NPS pollution. This measure further
requires regions to separately report the number of priority watersheds impacting coastal waters
with watershed control programs actively underway and the number of priority watersheds
affecting all other waters with watershed control programs actively underway. During fourth
quarter regions will also report on pollution loading reductions in at least one priority watershed.
ESTUARIES, COASTS, AND OCEANS
In the National Water Quality Inventory: 1992 Report to Congress, 23 states provided use-support
information on their estuarine waters. Of the total 27,227 square miles assessed, 56% were found
to fully support designated uses.
Threats to estuaries and coastal waters are similar to those affecting rivers, lakes, and streams.
Problems of particular concern in coastal waters include contaminated shellfish waters and impacts
on unique estuarine and marine ecosystems such as sea grasses, shrimp nurseries, and habitats for
migratory fish such as shad and salmon.
Triennial Review
These reviews serve to ensure that the water quality standards adopted by states will remain
effective in reducing risks facing aquatic resources, particularly from nonpoint sources, combined
sewer overflows, and storm water runoff. The critical waterbodies targeted include wetlands and
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FY 1994 Second Quarter Progress Report
coastal/ estuarine areas; but may also include lakes, streams, and rivers.
Four states completed reviews in second quarter. The EOY target is 35 states. All states and
territories are targeted for review during the triennium of FY 94-96.
National Estuarv Program (NEP)
The NEP assists state and local implementation of
Comprehensive Conservation and Management Plans
(CCMPs) which outline recommendations critical to
improving or preserving the environmental integrity of
targeted estuaries. The development of a CCMP has four
phases:
1) creating a decision-making framework through
involvement of EPA and all stakeholders;
2) characterizing the estuaries' priority problems
and their probable causes;
3) developing the CCMP (tracked in STARS);
and
4) approving and implementing the CCMP.
21 NEP Management Conferences
submitted, not yet approved
Puget Sound - final FY91
Buzzards Bay - final FY92
Narragansett Bay - final FY93
San Francisco Bay - final FY93
Albemarle-Pamlico Sounds -final FY94*
Long Island Sound -final FY94*
New York-New Jersey Harbor
Delaware Inland Bays
Santa Monica Bay draft FY94
Sarasota Bay - draft FY94
Galveston Bay draft FY94
Delaware Bay
Casco Bay
Massachusetts Bay
Indian River Lagoon
Tampa Bay
Barataria-Terrebonne Bays
Peconic Bay, New York
San Juan, Puerto Rico
Corpus Christi, Texas
Tillamook Bay, Oregon
Ocean Dumping
Under the Ocean Dumping Act, EPA is assigned
responsibility for designating ocean dumping sites.
STARS tracks two stages in the process of designating a dumping site: final environmental impact
statements (EIS) and final actions. A final action is used to determine whether the site will actually
be designated for ocean dumping. Through second quarter, no final EIS were reported; the EOY
target is two final EIS. No sites are targeted for final actions in FY94. At the end of last year, four
final EIS and one final designation were completed.
WETLANDS
A variety of activities and physical alteration can result in damage to wetlands and other aquatic
habitats. Channelization, dam construction and operation, surface and ground water withdrawals,
urban development and other filling, and the disposal of dredged material are all among the
disturbances which alter water quality and flow patterns in wetlands and other aquatic ecosystems.
The goal for our nation's wetlands is "no net loss" overall as measured by acreage and function.
Over time, the Agency seeks to help achieve an increase in the quality and quantity of the nation's
wetlands.
The Wetlands program implements and enforces CWA §404. It uses a variety of strategic
approaches to promote wetlands protection activities, including advance identifications, working
with federal, state, tribal, and local agencies, providing public education and outreach and assisting
in wetlands resource planning.
In FY 1994, STARS tracks strategic initiative activities undertaken by the regions to improve
protection of wetlands and other critical aquatic habitats. Through second quarter, regions
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FY 1994 Second Quarter Progress Report
OW
completed 55 additional major public education/outreach initiatives, 7 comprehensive management
and planning initiatives, and 2 geographically targeted initiatives. In addition, the regions provided
assistance to one state/tribal wetland conservation plan project. Over the past year, more than half
of the Wetlands activities reported have occurred in Regions in and IV.
§404 ENFORCEMENT
Through the second quarter, the Federal wetlands enforcement program initiated 55 enforcement
cases including: 37 administrative compliance orders, 14 administrative penalty complaints, and 3
civil and 1 criminal referrals to DOJ. Over 40% of the cases initiated were in Region IV.
DRINKING WATER
The overall strategic planning goal for drinking water is to ensure, by enforcing existing and new
regulations, that all Americans have drinking water of quality sufficient to protect their health.
Program activities include increasing enforcement to maintain and improve compliance rates,
building state capacity and providing increased public education to help speed the adoption of new
regulations by the states, and improving the Agency's scientific and technical base to strengthen
federal, state, and local decisionmaking.
Public Water Systems Supervision.
The drinking water program regulates
public water systems (PWSs). PWSs
are defined by the Safe Drinking Water
Act as those systems that provide piped
water for human consumption and that
have 15 or more service connections, or
regularly serve 25 or more people.
The PWSS program works with states
to increase state capacity and to promote
effective implementation of drinking
water programs and retention of state
primacy. In FY 1994 STARS began to
track implementation of Phase V, which
introduces 23 new, and one revised,
maximum contaminant levels (MCLs)
for state drinking water regulations.
EPA works with states to ensure new drinking
water regulations are adopted by states and
approved for state Implementation. Status:
Phase I (VOCs):
Public Notification:
Surface Water
Treatment Rule:
Total Coliform:
Phase II:
Lead and Copper:
Phase V:
55 states have adopted into state law, 46
states have revisions approved by EPA.
55 adopted, 49 revisions approved.
55 adopted, 44 revisions approved.
55 adopted, 45 revisions approved.
30 adopted. 6 revisions approved and
remaining 51 states have approval
extensions agreements.
27 adopted. 6 revisions approved and
remaining 51 states have approval
extensions agreements.
18 adopted. 1 revision approved and
remaining 56 states have approval
extension agreements.
The maximum time limits for extensions for the VOC, Public
Notification, SWTR, and the Total Coliform rules have expired.
The time limit for extensions for Phase II expires in July 1994,
Lead - Copper in December 1994, and Phase V in January 1996.
PUBLIC WATER SYSTEMS SUPERVISION ENFORCEMENT
The objective of the PWSS enforcement program is to protect public health by ensuring compliance
with drinking water standards. Violations of drinking water regulations are reported into a national
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FY 1994 Second Quarter Progress Report
database. Systems with large numbers of violations or those where the levels of contamination
found exceed a short term, acceptable risk level become significant noncompliers. SNCs that do
not return to compliance and are not addressed by an enforcement action within a specified time
become exceptions. Actions taken on SNCs/exceptions are monitored closely using the
SNC/exception report. States and regions are expected to initiate enforcement actions against
SNCs/exceptions promptly or, in certain instances, initiate other actions that will return a system to
compliance quickly.
Follow-up on the 1,465 systems that were "new" due to violations of the microbiological
requirements for the second quarter FY 1994 has resulted in 67% being resolved by either
returning to compliance or by an enforcement action during the timely and appropriate period. The
remaining489 systems have been added to the exceptions list. Follow-up on the 928 new chem/rad
SNCs for the same period resulted in 86% being resolved. The remaining 128 systems have been
added to the exceptions list
Of the 966 exceptions for M/T which existed at the beginning of the second quarter, a total of 315
or 33% were resolved by either returning to compliance or initiating enforcement action by the end
of the quarter. The other 651 systems remain to be addressed. This, plus the 489 systems that
were added to the exceptions list, results in a total of 1140 systems on the exceptions list at the
beginning of third quarter.
Of the 239 chem/rad exceptions which existed at the beginning of the second quarter, 83 or 35%
were resolved in the same time period, leaving 156 systems to be addressed. In addition, 128
systems were added to the exceptions list at the end of the quarter. Therefore, at the beginning of
third quarter, there are a total of 284 chem/rad exceptions to be addressed. EPA enforcement
activity through second quarter consists of 543 notices of violation, 375 proposed administrative
orders, 75 final administrative orders, 5 emergency orders, 33 complaints for penalty, and 2 new
civil referrals.
GROUND WATER
Ground water supplies drinking water for about half of the
U.S. population, with several states dependent on ground
water for over 90% of their drinking water. All forms of
ground water pollution comprise this problem area.
Pollution sources include fertilizer and pesticide leaching,
septic systems, road salt, all injection wells, waste
treatment, storage and disposal sites, Supeifund sites,
nonwaste material stockpiles, pipelines, and irrigation
practices. The list of possible contaminants is extensive,
including nutrients, toxic inorganics and organics, oil and
petroleum products, and microbes.
The Water Program has identified a set
of priority objectives to meet its ground
water goals including:
Increase the number of states
implementing Comprehensive State
Ground Water Protection Programs;
Increase state and local involvement
in the Wellhead Protection Program; and
Work to eliminate all identified
hazardous waste and endangering
shallow injection wells, and ensure
continued compliance ior the operation
of all other injection wells.
EPA's overall goals are to prevent adverse affects to human
health and the environment and to protect the environmental
integrity of the nation's ground water. Progress in activities to meet these goals is described in the
following sections.
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FY 1994 Second Quarter Progress Report
Comprehensive State Ground Water Protection Programs (CSGWPP)
ow
The CSGWPPs provide a state-level framework that seeks to integrate the various federal, state,
and local government ground water activities. Integration will extend beyond various ground
water pollution source control programs to include ground water data systems, coordinated federal
grant assistance to states, and consistent ground water regulations. Participating states will
develop their programs through a multi-step process over several years, and detailed progress is
reported to STARS annually in fourth quarter. The 11 state pilot programs funded last year are
continuing and are due to be completed in December 1994.
Wellhead Protection Program fWHPP)
The Wellhead Protection Program is a vital and key component of the CSGWPP and serves as a
prime example of OW's pollution prevention efforts to protect underground sources of drinking
water. Priority will be given to contaminating shallow injection wells in targeted wellhead
protection areas. Because the CSGWPPs are required to include an approved WHPP, the number
of WHPPs is expected to increase in future years. STARS tracks state programs approved,
population served by approved programs, and CSGWPP implementation. Progress on this
activity will be reported in fourth quarter.
Underground Injection Control (UIC)
The Underground Injection Control (UIC) program is the key regulatory tool for protecting
underground sources of drinking water (USDW) from injection practices that might endanger
human health and the environment. In FY 1994, the UIC implementation program focuses on
three objectives: assuring the mechanical integrity of deep wells, increasing voluntary closures of
shallow Class V wells that pose the greatest risk to USDWs, and examining Class I hazardous
waste well permits for compliance with RCRA land ban requirements.
STARS tracks UIC mechanical integrity tests (MITs). In second quarter, regions reported that
over 15,000 EPA Direct Implementation wells plus state primacy wells were tested, missing the
(combined) target of 17,020 wells. The end-of-year combined target is over 35,500 wells.
UIC ENFORCEMENT
The UIC enforcement program is focusing on three objectives in FY 1994: 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 second quarter have identified 1,325 wells
as being in SNC: 1,198 by the states and 127 by EPA. At the end of the second quarter there
were 183 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 wells in Regions IV, V, VI, and X.
Through the second quarter, EPA proposed 35 and issued 33 final administrative orders.
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FY 1994 Second 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 third year that OE has gathered data on regional multi-media enforcement activities and
reported it to STARS. For the first half of FY 1994, multi-media enforcement data are currently
unavailable for Region VII.
For the purpose of comparison in the following sections, please note that data were unavailable for
Regions V, VI, and VII at the end of second quarter in FY 1993.
MULTI-MEDIA CONSOLIDATED INSPECTIONS
A consolidated inspection occurs when a single inspection covers two or more programs. By the end
of the second quarter of FY 1994, regions conducted a total of 53 consolidated inspections
(compared to 77 during the first two quarters of FY 1993). The 53 multi-media consolidated
inspections included 194 program-specific inspections (within twelve different programs).
MULTI-MEDIA COORDINATED INSPECTIONS
A coordinated inspection is one in which no more than 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 14
multi-media coordinated inspections during the first half of the year (compared to 13 last year at this
time); these included 30 program-specific 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 four multi-media
civil judicial referrals through second quarter of FY 1994.
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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 12 multi-media administrative
actions during first and second quarter; none 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
case referral. By the end of second quarter, FY 1994, regions recorded nine multi-media settlements
occurring because of single-media actions (compared to three at this time in FY 1993).
SINGLE-MEDIA INSPECTIONS UTILIZING A MULTI-MEDIA CHECKLIST
Last year, this information was cumulatively reported only during the second half of the year; a
year-end total of 2,770 single-media inspections incorporating a multi-media checklist were reported
for FY 1993 with Region II accounting for 88% of the total. During the first half of FY 1993,
regions report conducting 1,015 single-media inspections incorporating a multi-media checklist and,
again, Region II accounts for the bulk (94%) of the inspections reported.
CIVIL ENFORCEMENT
CONSENT DECREE REVIEW
During the first half of FY 1994, OE reported having reviewed and approved 35 consent decrees.
The Office targets 35 days as an average for reviewing proposed consent decrees. The average
consent decree review time during the first two quarters of FY 1994 was 38 days; 13 of the 35
reviews exceeded the 35 day average review time standard.
CONSENT DECREE TRACKING AND FOLLOW-UP
Regions report 989 active consent decrees at the end of second quarter, FY 1994. Of these, the
status of 657 (66%) decrees was reported and the status of 332 (34%) consent decrees was unknown
or unreported. Of the 657 consent decrees with known status: 556 (85%) were in compliance; 62
(9%) were in violation and had an enforcement action taken; 29 (4%) 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. [All percentages were rounded to the nearest whole number.]
CIVIL REFERRALS AND FOLLOW-THROUGH ON ACTIVE CIVIL CASES
During the first half of FY 1994, the Agency referred a total of 98 new civil cases to DOJ (this
number is up from 64 at this point last year). The status of these new active civil cases at the end of
second quarter was as follows: 89 were pending at DOJ, 6 were filed in court; one was concluded
before filing; and, two were concluded after filing.
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FY1994 Second Quarter Progress Report
OE
At the end of second quarter, the docket listed 1,027 civil cases active (not concluded) at the start of
FY 1994. The status of the 1,027 cases at mid-year was as follows: 394 were pending at DOJ; 37
were returned to the regions; 14 were concluded before filing; 483 were filed in court, and 99 were
concluded after filing. Of the 1,027 active pre-FY 1994 cases, 317 have been ongoing for more than
two years since being filed.
CRIMINAL ENFORCEMENT
CRIMINAL REFERRALS AND ACTIVE CRIMINAL CASE FOLLOW-THROUGH
There were 221 new criminal investigations opened during the first half of FY 1994. At the end of
second quarter one year ago, 170 new criminal investigations had been opened. There were a total of
549 criminal investigations open at the end of second quarter, FY 1994 (compared to 385 at the same
point in FY 1993).
The regions referred 79 new cases to HQ during the first half of the year and HQ referred 79 new
cases to DOJ (last year, at the end of second quarter, only 24 cases had been referred, respectively, to
HQ and DOJ). The regions closed 100 investigations prior to referral to HQ. At the end of second
quarter, the status of the 79 new criminal cases referred to DOJ was as follows: 60 cases were under
review at DOJ, 2 were undergoing a grand jury investigation, and charges were filed in 16 cases; and,
DOJ closed one case without prosecution.
Two hundred fifty-eight criminal cases were referred, but not closed, at the end of FY 1993; the
number was 201 at the end of FY 1992 and 156 at the end of FY 1991. The status of the pre-FY
1994 active criminal cases at the end of at the end of second quarter was as follows: 80 of the cases
were under review at DOJ, 72 were undergoing grand jury investigation, 64 had charges filed, 31
were closed following prosecution, and DOJ closed 11 cases without prosecution.
OFFICE OF FEDERAL FACILITIES ENFORCEMENT (OFFE)
FEDERAL FACILITY INSPECTIONS, VIOLATIONS, AND ENFORCEMENT ACTIONS
During FY 1994, OFFE will report regional activity on federal facility inspections, violations, and
enforcement actions. However, reporting on federal facility compliance data lags by one quarter and
OFFE reports only second and fourth quarter activity in STARS. Consequently, FY 1994 mid-year
information will appear in the Third Quarter Progress Report and end-of-year information will not
appear until the first report of FY 1995.
During FY 1993, the regions concluded 180 federal facility inspections and detected 45 violations for
an annual compliance rate (on inspected facilities) of 75%. Thirty-one enforcement actions were
taken against federal facilities during the year.
FEDERAL FACILITY SUPERFUND ACTIVITY
Data on federal agency Superfimd sites are reported through the Office of Federal Facilities
Enforcement. During FY 1994, OFFE is reporting six measures in this area. These include: the
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FY1994 Second Quarter Progress Report
number of federal facility sites for which a Record of Decision has been signed; the number of
remedial action activities initiated and the number of remedial action activities completed at federal
facilities; the number of removal, expedited response, or RCRA corrective actions initiated at federal
facilities; the number of disputes resolved at federal facilities; and, the number of base closure
decisions completed at federal facilities.
The raw data for the first half of FY 1994 are as follows:
FY 1994 Second Quarter Performance
Federal Facility Superfund Activity
in FY 1994
Records of Decision Signed
Remedial Action Initialed
Remedial Actions Completed
Removal Actions Initiated
Disputes Resolved
Base Closure Decisions Completed
End-of-Year
Target
30
not targeted
6
not targeted
not targeted
not targeted
End of 2nd Quarter
Performance
(cumulative)
11
11
3
6
7
40
2nd Quarter
Performance as a % of
End-of-Year Target
36.7
n/a
50
n/a
n/a
n/a
Federal facilities must complete a Record of Decision (ROD) to select a remedy for the Superfund
site. EPA must agree with the remedy selected or the Administrator must select a remedy.
Completion of a ROD is recorded when the Regional Administrator or the Assistant Administrator
for OE signs the Record of Decision. Cumulatively, regions completed 11 RODs during the first half
of FY 1994 toward a national year-end target of 30.
A remedial action is the implementation of response measures intended to ensure protection of human
health or the environment. Remedial action initiation is recorded when the federal facility initiates
substantial, physical, on-site remedial action pursuant to a ROD, an Interagency Agreement, or some
other enforceable agreement; interim response actions can be credited to this measure, as well.
Nationally, there were 11 remedial actions initiated during the first half of FY 1994.
A remedial action completion is credited when a final inspection has been conducted, the remedy has
been judged operational and functional, and a remedial action report has been prepared and approved
by EPA. The regions report completing three remedial actions during the first half of the year against
a year-end target of six.
Removal actions are conducted in response to emergency, time-critical, and non-time-critical
situations at priority list and non-priority list sites. A federal facility removal action is recorded when
on-site removal activity is initiated pursuant to a ROD, an Interagency Agreement, or some other
enforceable agreement. Expedited response actions can be credited to this measure. Regions
reported the initiation of six removal actions during the first two quarters of FY 1994.
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FY1994 Second Quarter Progress Report
OE
Resolution is the desired endpoint for Interagency or Federal Facility Agreement disputes raised by a
federal agency, a state, or EPA. Credit is obtained for dispute resolution when the document
resolving the issue is signed (e.g., a letter of agreement). To date, the regions have reported seven
dispute resolution completions in FY 1994.
A base closure decision refers to EPA's involvement with land transfer decisions and clean parcel
determinations at the closing or realignment of military bases. Credit is given under this measure
when EPA responds to the federal facility after review of a proposed lease or other land transfer
document or concurs on a clean parcel identified under the Community Environmental Response
Facilitation Act. Cumulatively, regions report completing 40 base closure decisions during first and
second quarter; 27 of the decisions centered on base closures or realignments in Region IX.
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FY 1994 Second 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. OGC is measuring progress
toward assisting regulation development by ensuring timely final Red Border reviews. OGC commits
to completing its response to Red Border documents within a maximum of four weeks (and within
three weeks for eighty percent of the reviews conducted).
RESPONSE TO RED BORDER REVIEW DOCUMENTS
OGC received 18 Red Border packages during the first half of FY 1994. Of these, the Office
completed 14 reviews (78%) within three weeks of receipt and 4 additional reviews (bringing
completions to 100% of total packages received) in the fourth week following receipt.
FY1994
IstQtr.
2nd Qtr.
3rd Qtr.
4th Qlr.
FY 1994
(total)2
Regulatory
Packages
Received (#)
n/a1
18
18
Completed
within three
weeks (# & %)
n/a
14/78%
14/78%
Completed
within four
weeks (# & %)
n/a
18/100%
18/100%
Incomplete
after four
weeks (#)
n/a
0
0
Hon
Concurrence
(#)
n/a
0
0
1. First quarter reporting not required during FY 1994; second quarter numbers are cumulative.
2. At the end of second quarter, FY 1994.
While the number of regulatory
packages OGC received by the
end of second quarter is lower
this year compared to the last
two years, performance (in
terms of regulatory packages
completed within a targeted
timeframe) has increased within
both the three and four week
categories of timeliness.
Fiscal Year
(Quarter)
FY 1994
(through 2nd Quarter)1
FY 1993
(through 2nd Quarter)1
FY1992
(through 2nd Quarter)1
Regulatory
Packages
Received (#)
18
33
36
Completed
within three
weeks (# & %)
14/78%
19/58%
18/50%
Completed
within four
weeks (# & %)
18/100%
28/85%
29/81%
1. All data is cumulative from the beginning of the fiscal year.
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