230R91901
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U.S. Environmental Protection-Agency
Quarterly Progress Report
First Quarter FY 1992
TABLE OF CONTENTS
Program Office Highlights i
Office of Air and Radiation 1
Office of Enforcement 7
Office of General Counsel 9
Office of Prevention, Pesticides and Toxic Substances 11
Office of Solid Waste and Emergency Response 21
Office of Water 33
Gulf of Mexico 43
Regional initiatives 45
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FY 1992 FIRST QUARTER PROGRESS REPORT
INTRODUCTION
The Quarterly Progress Report is designed to summarize and track the goals that each
program has established for itself in its four-year strategic plan. The measures of progress
toward these goals are defined in the FY 1992 Agency Operating Guidance. The first
quarter progress report focuses primarily on describing program priorities and their linkage
to FY 1992 measures and targets. The purpose is to set the stage for analyzing progress in
the coming quarters.
PROGRAM HIGHLIGHTS
OFFICE OF AIR AND RADIATION
OAR has developed a new regional tracking system, Memorandum Of Agreement Reporting
System (MOARS). An important feature of MOARS is its tailored negotiation of
commitments by region. This report will gather its information from MOARS and other
sources to track implementation of OAR's Strategic Plan.
OFFICE OF ENFORCEMENT
OE and the regions have developed a new multi-media measure that describes enforcement
activity across several program areas. The measure will be included in this report starting
second quarter.
OFFICE OF PREVENTION, PESTICIDES, AND TOXIC SUBSTANCES
Eighty percent of the total New Chemical Premanufacturing Notices received contained
voluntary reports on pollution prevention practices and activities.
Thirty-five enforcement cases were closed with settlement terms that included
environmentally beneficial expenditures (EBEs); the dollar ratio of EBEs to mitigated
penalties is averaging six to one.
OFFICE OF SOLID WASTE AND EMERGENCY RESPONSE
The Office of Solid Waste has selected environmental indicators for hazardous waste,
established a schedule for collecting data, and is prioritizing its hazardous waste facilities by
environmental risk. Of five remaining states, California applied in December 1991 for
authorization to carry out the RCRA base program.
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All the strategic plan objectives for Superfund have STARS measures to track progress, an
achievement not matched elsewhere in the Agency. Superfund measures address timeliness
as well as activities.
OFFICE OF WATER
Construction grant outlays and NPDES permit reissuances are proceeding at a target pace,
There are fewer STARS measures in FY 1992 than there were in FY 1991. Notable
improvements include measuring progress in addressing industrial and municipal storm
water pollutants; tracking total maximum daily load (TMDLs) in state priority water bodies;
counting construction grant projects coming on line in FY 1992 as a measure of
environmental results; and, streamlining enforcement data points.
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FY 1992 First Quarter Progress Report OAR
OFFICE OF AIR AND RADIATION
Office of Air and Radiation (OAR) programs address many of the highest risk environmental
problems faced by EPA, as ranked in the Science Advisory Board report, Reducing Risk:
Setting Priorities and Strategies for Environmental Protection. OAR's mission, stated in
their Strategic Plan, is to protect human health and the environment, including ecological
and aesthetic effects, from airborne pollutants and radiation.
OAR is in the second year of their Implementation Strategy for the Clean Air Act
Amendments of 1990 (CAAA). OAR's recent planning efforts, including its 1993-1996
Strategic Plan, build off of its Implementation Strategy. Specific goals, strategies, and FY
1992 activities are listed below, organized by OAR's 1993 -1996 Strategic Plan.
OAR is in their first year of implementing their new management system consisting of
Memorandum Of Agreement (MOA) between the Regional Administrators and the Assistant
Administrator for Air, and the MOA Reporting System (MOARS) to track progress against
these MOAs. This report will use information generated from MOARS and other sources to
track OAR's progress toward implementing their Strategic Plan.
! STRATOSPHERIC OZONE PROTECTION
The goal of the stratospheric ozone program is to reduce chlorine concentrations in the
stratosphere to less than two parts per billion.
The major item STARS will be tracking in FY 1992 will be the accelerated phaseout of
CFCs, including regional CFC enforcement efforts.
GLOBAL WARMING PREVENTION
OAR's Strategic Plan has no medium or short range goals for global warming, although
their long term strategic objective is to limit the average increase in global temperatures to a
0.3°C rise by the middle of the 21st century.
Specific items that STARS will track are:
* Status of green lights program and other "green" initiatives; and,
• Status of methane emissions reduction efforts.
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OAR FY 1992 First Quarter Progress Report
ACID RAIN REDUCTION
OAR's strategic objective in the acid rain program, as defined by the CAAA, is to achieve a
permanent 10 million ton per year reduction in SCh emissions and a 2 million ton per year
reduction in NOX emission, both by the year 2000. :
The development of the Acid Rain Data System is a key to the successful implementation of
the permitting, allowance trading, and emissions tracking programs for these acid rain
reductions.
NAAQS ATTAINMENT
The Office of Air Quality Planning and Standards (OAQPS) focuses on air pollution
problems derived from stationary point and area sources, while the Office of Mobile Sources
(OMS) focuses on vehicles. STARS measures track National Ambient Air Quality Standards
(NAAQS) activities, air toxics, permits, mobile sources, as well as related enforcement
activities.
NAAQS attainment goals include 1) Achieve and maintain NAAQS in most nonattainment
areas within 10 years and all areas within 20 years. 2) Achieve substantial near-term
reductions in NAAQS pollutants and precursors within six years. 3) Prevent significant
deterioration of air quality in attainment areas.
STARS will track the following specific information:
.%• PM-10
*r~
• Status of PM-10 monitoring networks in the 30 most serious PM-10
nonattainment areas;
• Number of submitted enforceable SIPS from designated nonattainment areas;
• Number of significant violators in attainment areas;
• Status of emission inventories.
Ozone/CO
• RACT fix-up submittals;
* changes to non-attainment designations;
• Status of emission inventories (especially VOCs/NOx).
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FY 1992 First Quarter Progress Report OAR
Inspection and Maintenance (I/M) Programs
• Status of basic and enhanced program implementation,
• Program audits (site inspections),
• Status of state efforts to implement I/M programs,
• State decisions on opting into the reformulated gasoline/California tailpipe
standards;
AIR TOXICS REDUCTION
Air toxics are not covered under the NAAQS. To address concern that risks due to emission
of large numbers of toxic substances are high, controls will be established to restrict these
emissions. The CAAA established a list of 189 toxic pollutants to be regulated. The first
phase will be based on technological standards requiring industry to install Maximum
Achievable Control Technology (MACT).
Air toxics reduction goals include: 1) Reduce air toxics risk from major point sources by
80% by 1997. 2) Reduce risk from mobile and area sources by 50% by 2000.
STARS will track the following:
• Status of early reduction program;
• Status of first round of MACT standards;
• Site inspections for radionuclide NESHAPS .
RADON, AND INDOOR AIR
RADON
One of the overarching goals of EPA's radon program as expressed in the OAR Strategic
Plan is to empower state radon programs. The Program Evaluation Division (PED) of The
Office of Policy, Planning and Evaluation (OPPE) has recently concluded a study with a
senior managers task force on efficacy of the Radon program. Although not included in
OAR's Strategic Plan, the PED study was a major effort and its recommendations will be
important to the Radon program; therefore, STARS will track:
* Status of state programs;
• Status of implementation of PED radon task force recommendations;
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OAR FY 1992 First Quarter Progress Report
INDOOR AIR
The major goal of the indoor air program is to make prevention and mitigation of indoor air
quality problems a routing aspect of the design, construction, maintenance, and operation of
homes and other buildings. STARS will track report on the status of: building operators
who are using model building standards, aware of indoor air problems and
testing/mitigating.
OPERATING PERMITS
State operating permits will be a new emphasis for the air program, both integrating and
enhancing the effectiveness of the acid rain, NAAQS attainment, and air toxics programs.
Operating permits apply not only to State Implementation Plans (SIPs), but also to New
Source Performance Standards (NSPS), Maximum Achievable Control Technology (MACT),
etc.
The primary work will be done by States and localities, with OAR supporting the
development of approvable state and local operation permit and fees programs. This has
been identified as a top priority in OAR's Strategic Plan and the work might increase
dramatically in FY 1992. STARS will track the development of state and local program's
legislation and regulations.
OFFICE OF ENFORCEMENT
OE will be tracking and reporting on the following broad enforcement categories that were
established in 1985 for all program offices and apply to both EPA and state activity. These
categories are: significant violators, compliance rates, inspections, administrative actions,
judicial actions. At the time this report was published, OAR was verifying the data with the
Regions. This information will be presented in second quarter.
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FY 1992 First Quarter Progress Report OE
OFFICE OF ENFORCEMENT
INTRODUCTION
The Office of Enforcement (OE) Strategic Plan is an operative guide for media-specific, cross-
program, and multi-media enforcement. Activities within OE's purview are being aimed toward
targeting compliance monitoring and enforcement resources to achieve environmental results,
screening for enforcement response in order to realize the full potential of enforcement
authority, and gaining maximum leverage from each individual enforcement action.
CIVIL ENFORCEMENT
CONSENT DECREE REVIEW
During first quarter of FY 1991, OE reported forwarding one consent decree to the Department
of Justice (DOJ). The decree was referred under the Clean Water Act and it required 57 days
for review.
CONSENT DECREE TRACKING AND FOLLOW-UP
Regions report that there were 701 active consent decrees at the end of first quarter, FY 1992.
Of these, the regions reported the status for 599 (85%) decrees and reported that the status of
102 (15%) consent decrees was unknown or unreported. Of the 599 consent decrees with
known status: 498 (83%) were reported in compliance; 72 (12%) were in violation and had
an enforcement action taken; 21 (4%) were in violation and had a formal enforcement action
planned; and, 8 (1%) were in violation, but had no formal enforcement action planned or
deemed necessary.
CIVIL REFERRAL ACTIVITY
The regions referred 31 new cases directly to DOJ during first quarter. In addition, the regions
referred one new case to Headquarters (HQ) and initiated 14 new pre-referral negotiation cases
and 7 new consent decree enforcement cases.
FOLLOW-THROUGH ON ACTIVE CIVIL CASE DOCKET
There were 1,088 civil cases active (not concluded) at the start of FY 1992. The status of these
cases at the end of first quarter end was as follows: 363 were pending at DOJ; 68 were
returned to the regions; 9 were concluded before filing; 620 were filed in court; and, 28 were
concluded after filing. Of the 1,088 active pre-FY 1992 cases, 306 have been ongoing for more
than two years since being filed.
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OE FY 1992 First Quarter Progress Report
New active FY 1992 civil cases are those cases referred to DOJ on or after October 1, 1991.
Thirty-four new FY 1991 civil cases were referred to DOJ during first quarter of FY 1992. The
status of FY 1992 civil case referrals at the end of first quarter was as follows: 28 were pending
at DOJ; 4 were filed in court; 1 was concluded before filing and 1 was concluded after filing.
CRIMINAL ENFORCEMENT
NEW CRIMINAL REFERRAL ACTIVITY
There were 39 new criminal investigations opened during first quarter of FY 1992 compared
to 35 during first quarter of last year. At the end of first quarter, a total of 270 criminal
investigations remained open. The regions referred 21 new cases to HQ during first quarter
and HQ referred 18 new cases to DOJ.
FOLLOW-THROUGH ON ACTIVE CRIMINAL CASE DOCKET
One hundred fifty-four criminal cases had been referred, but not closed, before the beginning
of FY 1992. The status of these pre-FY 1992 active criminal cases at the end of first quarter
is as follows: 16 of the cases were under review at DOJ, 73 were undergoing a grand jury
investigation, 55 had charges filed, 5 were closed following prosecution, and 5 were closed by
DOJ without prosecution.
Eighteen new criminal cases (referred during FY 1992) were referred to DOJ during first
; quarter compared to 16 during first quarter of FY 1991. At the end of first quarter, 7 cases
were under review at DOJ, 9 were undergoing a grand jury investigation, and charges had been
filed in 2 of the cases.
OFFICE OF FEDERAL FACILITIES ENFORCEMENT
In fourth quarter of FY 1991, 390
federal facility inspections were
concluded (data was unavailable for
Region I) and 93 violations were
detected (quarterly violation rate of
24%). Sixty-eight enforcement
actions were taken against federal
facilities during fourth quarter.
LAGGED DATA
Office of Federal Facilities
compliance data is lagged by one quarter. This section
provides information for second quarter of FY 1991.
During FY 1991, a total of 1,124 federal facility inspections were conducted; 312 violations were
detected yielding a violation rate of 28% (72% compliance). This compares to a violation rate
of 32% in FY 1990 (276 violations detected out of a total of 868 inspections).
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FY 1992 First Quarter Progress Report
OGC
OFFICE OF GENERAL COUNSEL
INTRODUCTION
The Office of General Counsel (OGC) reports one measure in STARS; the measure expresses
workload and timeliness in the completion of legal (Red Border) evaluation and review.
RESPONSE TO RED BORDER REVIEW DOCUMENTS
OGC reviewed 18 Red Border packages during first quarter, FY 1992. Of these, eight reviews
(44%) were completed within three weeks of receipt; four additional reviews (67% of total
packages received) were completed during the fourth week following receipt.
FY1992
1st Qtr.
2nd Qtr.
3rd Qtr,
4th Qtr.
FY (total)
Regulatory
Packages
Received
18
18
Completed
within three
weeks (#/%)
8/44%
8/44%
Completed
within four
weeks (#/%)
12/67%
12/67%
Incomplete
after four
weeks (#)
6
6
Hon
Concurrence
(#)
0
0
During first quarter, six Red Border Reviews were delayed beyond the four week timeframe:
OGC's Air And Radiation Division
Regulation And Comment: Nonconformance Penalties for 1994 Model Year Emission
Standards for Heavy-duty Vehicles and Engines (91-10-11FR). The attorney assigned to this
rule was new and had to get up to speed on the issue associated with this regulation.
OGC's Solid Waste And Emergency Response Division
Regulation And Comment: 40 CFR Parts 148, 261, 268, 270, and 271 - Land Disposal
Restrictions for Newly Listed Wastes and Contaminated Debris (91-09-35FR). The issues on
the regulation contained a number of complicated and technical aspects which had to be
resolved before the General Counsel would concur.
Regulation And Comment: Regulatory Determination Under the 1988 EPA/EDF-NWF
Consent Decree for Pulp and Paper Mill Sludge Landfills and Surface (91-12-19FR). The
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OGC FY 1992 First Quarter Progress Report
Program office sent several revisions of this rule after Red Border began. OGC did not receive
the final version until the review period had closed.
Regulation And Comment: 40 CFR Parts 261-265 - Amendment of the Hazardous Waste
Information Reporting; Biennial Report (91-11-26FR). The* Program office granted an
extension until OGC staff had an opportunity to fully brief the General Counsel. Briefing with
the General Counsel was delayed during the holiday period which caused the review period to
slip.
Regulation And Comment: Designation of Areas and Area Committees under the Oil Pollution
Act 1990 (91-12-06FR). This rule was misplaced at the division level prior to receiving the
General Counsel concurrence, which caused it to slip the review period.
OGCs Water Division
Regulation And Comment: 40 CFR 228 - Reorganization and Corrections to List of Ocean
Dumping Sites. The Program office allowed more than the four week review period for the
regulation.
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FY 1992 First Quarter Progress Report OPPTS
OFFICE OF PREVENTION, PESTICIDES AND TOXIC SUBSTANCES
INTRODUCTION
STARS attempts to track the most important of a program's activities; to the degree that it is
successful, 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 Prevention, Pesticides and Toxic Substances (OPPTS) expresses
priorities through two distinct strategic plans: one for the Office of Pesticide Programs (OPP)
and one for the Office of Pollution Prevention and Toxics (OPPT); strategies specific to the
Office of Compliance Monitoring (OCM) are incorporated within the OPP and OPPT plans.
Each Office is in the process of improving the measures they report in STARS.
OPPT is taking a critical look at measuring program progress and has submitted a substantially
improved set of measures for FY 1992. Improvements include a broader look at various phases
of the existing chemical review process as well as a more structured look at regional and state
roles in first and second generation projects and outreach programs.
In FY 1992, OPP Headquarters measures will continue to address statutory mandates,
.ecological risk, food safety and human exposure. An expansion of OPP's regional measures will
-more clearly reflect progress in the areas of ground water, worker protection, and endangered
species at the state, territory, and tribe levels. Regional activities in these areas flow from
strategies driven by pollution prevention and risk reduction themes.
OFFICE OF POLLUTION PREVENTION AND TOXICS
OPPT is focusing on three priority areas: better utilization of the authorities granted under the
Toxic Substances Control Act (TSCA), coupled with a balanced mix of regulatory and non-
regulatory risk management approaches; more effective and efficient sharing of toxics data and
information inside and outside EPA; and, enhancement of regional and state roles, especially
in implementing OPPT Second Generation Chemical Programs (including the Toxic Release
Inventory (TRI), the 33/50 Project, and components of the Lead Strategy).
EXISTING CHEMICALS (EC)
Under TSCA, OPPT ensures that chemicals in commerce do not present an "unreasonable risk
of injury to health or the environment." OPPT completed two existing chemical risk
management actions during first quarter of FY 1992; a Section 6 Notice of Proposed
Rulemaking (NPR) for Acrylamide and N-methylolacrylamide grouts (this NPR was published
in the Federal Register on October 2, 1991) and a Section 4(f) designation was announced in
the Federal Register (on November 21, 1991) for Refractured Ceramic Fibers (RCF).
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OPPTS FY 1992 First Quarter Progress Report
An earlier stage of the Risk Management (RM) process produced decisions on three chemical
cases which together accounted for a total of 41 chemicals. Diisocyanates (27 chemicals) were
placed into the queue for RM2 (the second stage of the RM process); testing will proceed for
8 IRIS (Integrated Risk Information System) chemicals identified in the 28th ITC (Interagency
Testing Committee) report; and, the testing strategy will be refined for 6 TRI high release
chemicals.
NEW CHEMICALS
Authorized by TSCA, OPPTs objective is to review all new chemicals and apply risk
management as necessary to prevent unreasonable risk. During first quarter, OPPT received
514 valid new chemical notices (505 notices were received in first quarter one year ago). Of
these, there were 340 Premanufacture Notices (PMNs), 165 exemption applications (i.e., 68
applications for polymer exemption, 96 for low volume exemption, and 1 for test market
exemption), and 9 biotech notices. Ninety-one of the new chemical notices received were
targeted for regulatory review or action.
OPPT reports taking 54 control actions during first quarter: Section 5(E) Consent Orders were
issued for 7 PMNs (and modified or revoked for 4 others) and 12 PMNs were withdrawn in the
face of regulatory action. Thirty-one new chemical notices were dropped from further review.
During first quarter, 272 of the PMNs received (80% of the total PMNs received) contained
voluntary reports on pollution prevention practices and activities.
STATE AND REGIONAL ENHANCEMENT
OPPT is seeking to increase state administrative capacity for current asbestos and PCB activities
(First Generation Chemical Programs). The program also will rely heavily on regional
involvement in implementing the Second Generation Chemical Programs.
Asbestos Abatement
These measures provide feedback on OPPT efforts to enhance worker safety by requiring
proper training and accreditation of personnel performing asbestos inspections and abatement
actions. Through course audits, regional representatives ensure that asbestos training programs
meet EPA Model Accreditation Plan criteria.
Currently, 48 states have some type of accreditation program for asbestos abatement
professionals. Twenty-seven of those states have accreditation programs which are fully
approved by EPA across all disciplines; two states were added to this total during first quarter.
Eight additional states have programs which are partially approved by EPA in one or more
disciplines. Only Wyoming and Arizona have no accreditation programs.
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FY 1992 First Quarter Progress Report OPPTS
Regional 33/50 and TRI Activities
The objective of this measure is to highlight regional 33/50 and TRI activities. Seven Regions
(I, II, III, V, VII, VIII and X) reported first quarter activities under this measure. The
following, by region, are some of first quarter's highlights.
TRI
Region I spent much of first quarter gearing up for its spring TR! outreach program; current plans
call for offering eight workshops for New England States and one additional workshop for
consultants.
Region HI has taken the lead in developing a public outreach newsletter which aims to publicize
innovative and creative ways of using and accessing TRI data. The EPCRA Targeting System
(ETS) was installed in Region III during first quarter; the Region plans to use this system in
targeting the majority of its FY 1992 inspections.
Region V facilitated a presentation to journalists on TRI and public access through the National
Library of Medicine's TOXNET system; the meeting was sponsored by the Environmental Health
Center at Northwestern University.
Region X focused on compliance and enforcement during first quarter with most inspections
, conducted jointly by both OPPTS and OSWER "sides" of EPCRA. The Region also reviewed and
. commented on the draft TRI Enforcement Response Policy.
33/50
Region I continues to receive and respond to inquiries from facilities and corporations about 33/50
and pollution prevention. Staff have been actively "piggybacking" 33/50 program information to
industry via other outreach activities. The Region is collaborating with Region II to produce a
33/50 conference (to be held in Boston) with the theme, "Pollution Prevention in the '90s."
Region II is participating in a 33/50 HQ initiative (the "33/50 Regional Administrator Phone Call
to Non-responders") which, after screening, requests RAs to contact selected companies seeking
commitment or an understanding of impediments for participation in 33/50. In addition, the Region
is coordinating the Boston 33/50 conference, "Pollution Prevention in the "90s."
Region V, in cooperation with Region VII, Iowa, and Illinois, hosted an expanded 33/50 meeting
for industry around Illinois's Quad City area; the Region also held a technical assistance meeting
with ORD for the metal finishing and fabricating industries.
Region VII is continuing its approach to 33/50 as a limited geographic initiative focusing on specific
counties and key municipal areas identified through the 33/50 listing of top 100 parent companies;
the approach encourages emissions reductions for all reported chemicals in addition to the 17
. chemical 33/50 focus.
Region X has sent notices of pollution prevention workshops to all facilities within the Region with
33/50 releases. Two presentations on the 33/50 program have been made to state program officials
and a state and industry 33/50 meeting is scheduled in San Francisco for second quarter.
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OPPTS FY 1992 First Quarter Progress Report
Regional Initiatives And Outreach Activities
This measure provides regions an opportunity to highlight regional initiatives and innovative
regional projects. Only Region II reported under this measure for first quarter.
Region II is continuing its pilot enforcement program under which the Region can both issue
and close Civil Administrative Complaints. The program has been very successful (average
lapse from complaint issuance to case closure has been 109 days) and the Region plans to
continue the program as an ongoing component of its TSCA/EPCRA enforcement effort. A
number of other regions are inquiring about this pilot program.
OFFICE OF PESTICIDE PROGRAMS
Risk reduction and pollution prevention are major strategies for OPP. OPP is focusing efforts
in four priority areas: food safety; safer pesticides; pesticide exposure and environmental
burden reductions; and, field operations. The program is also seeking to maximize productivity
across the board.
FOOD SAFETY AND SAFER PESTICIDES
Registration Activities
Registration activities measures focus on maximizing productivity to meet FIFRA statutory
mandates. These measures represent a significant portion of OPP HQ activities. During first
quarter of FY 1992, the following final decisions were made to register a new chemical or
biological, or to amend or add a new use for an existing chemical: 2 new active ingredients
(biochemical) were registered meeting a target of 2; 157 old chemical final decisions were made
against a target of 340; 613 amended registration applications were acted on exceeding the
target of 525; and, 6 new use application decisions were made against a target of 8.
Emergency Exemptions For Pesticides
An emergency exemption is granted by a federal or state agency if EPA determines that
emergency conditions exist (e.g., a pest outbreak is identified and an effective pesticide is not
registered for that use). During first quarter, OPP made 26 final decisions: 24 exemptions were
granted and 2 were denied.
Pesticide Tolerance Petitions
A tolerance petition decision applies to all requests for a tolerance level or exemption from
requirement of a tolerance level for pesticide residue in or on raw agricultural commodities,
processed foods, or minor uses. OPP made final decisions on 24 tolerance petitions against a
target of 8 during first quarter.
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FY 1992 First Quarter Progress Report OPPTS
Pesticide Special Reviews
A Special Review is a review of an active ingredient for which data indicate a potential for
unreasonable adverse effects on public health or the environment. During first quarter, OPP
did not complete any special reviews against a target of two."
REDUCING EXPOSURE AND ENVIRONMENTAL BURDEN
In 1988, the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) amendments
mandated an accelerated reregistration process for currently registered pesticides. This process
is to be carried out in five phases over a nine year period. OPP's reregistration activities are
an integral part of its strategic objectives: food safety, worker protection, reduction of
ecological risks, protection of ground water, protection of endangered species and their habitats,
and pollution prevention.
Data-Call-ins (DCIst
As part of the reregistration process, information submitted to support current registration of
pesticide chemical cases is reviewed for adequacy based on Pesticide Health Assessment
Guidelines. Inadequate submissions must be resubmitted to the Agency in response to a DC!.
During first quarter, OPP completed 23 DCIs against a target of 24; 10 were sent to the Office
of Management and Budget for clearance and 11 were mailed to affected registrants.
Reregistration Eligibility Decisions/Documents (REDs}
" The reregistration process requires a determination of reregistration eligibility for each pesticide
chemical case that has satisfied all FIFRA, section 4(g)(2)(A) requirements addressing health
and ecological risk factors. At the end of first quarter the universe of cases requiring such
review was 401; Congress has mandated that all reviews be completed by the end of 1997. OPP
plans to issue 16 REDs during FY 1992.
FIELD OPERATIONS
A goal of OPP is to enhance regional, state, territorial, and tribal capacity. The primary
objective under this goal is to decentralize program activities that directly impact regions, states,
territories, and tribes. The program office and the regions have developed a series of activity
measures showing progress toward achieving this objective. These measures address worker
exposure, ground water protection, and certification and training programs.
Reducing Exposure And Environmental Burden
Certification And Training: successful implementation of regional and state programs relies on
training. Regions report the incorporation of new and updated training materials and
competency standards for state, territory, and tribe ground water, endangered species, and
worker protection programs.
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OPPTS FY 1992 First Quarter Progress Report
At the end of first quarter, regions reported that 48 states (plus the District of Columbia and
Puerto Rico), 1 territory, and 6 Federally recognized tribes had applicator training programs
that include information on worker protection, endangered specie's, and ground water initiatives.
Pesticide Worker Protection: all states, Puerto Rico, the Virgin Islands, the Pacific Islands
territories, and 18 tribes are accepting federal grant money to prepare for federal worker
protection standards. Activities include: building networks, developing communication
outreach systems, and materials development.
Measures reporting the number of worker protection programs submitted, approved, and
implemented are contingent upon publication of final worker protection standards. The
program plans to publish these new standards during FY 1992.
Pollution Prevention (Ground Water Protection')
All states, Puerto Rico, the District of Columbia, 5 territories, and 4 tribes are accepting federal
funds for ground water protection activities including aquifer vulnerability assessments and
outreach programs to industry and communities. At the end of first quarter, regions reported
that 43 states, 4 territories, and 11 federally recognized tribes were developing generic pesticide
and ground water management plans.
Measures reporting the number of ground water management plans submitted for review and
approved by EPA are contingent upon the issuance of the Pesticides State Management Plan
v<5uidance which is an element of the Pesticide and Ground Water Strategy.
OFFICE OF COMPLIANCE MONITORING
OCM is focusing on increasing the rate of compliance within the regulated community to reduce
risk and raise pollution prevention awareness.
Last year was the first year for the environmentally beneficial expenditures (EBEs) measure;
in this measure the regions specify, on a cumulative basis, the number of cases closed containing
one or more EBEs. An EBE is an expenditure a violator may incur beyond the cost of
returning to compliance that the participants in the case settlement expect will provide an
immediate or future environmental benefit; negotiated EBEs are usually made in conjunction
with a mitigation of administrative civil penalties.
In the first quarter of FY 1992, the regions and headquarters closed 35 cases (19 under TSCA,
15 under EPCRA, and 1 under FIFRA) that contained settlement terms with EBEs. The ratio
of the cost to the respondent versus the associated penalty reduction was approximately six to
one (6:1) under these EBE settlements.
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FY 1992 First Quarter Progress Report OPPTS
FEDERAL INSECTICIDE, FUNGICIDE, AND RODENTICIDE ACT (FIFRA)
Inspections And Compliance Levels (State data is lagged one quarter.)
In fourth quarter of FY 1991, the states completed 32,026 FIFRA use and restricted use
pesticide dealer inspections, completing 156% of their state grant targets. The states reported
taking 3,245 enforcement actions during fourth quarter with a violation rate of 10% for "use"
inspections. Through fourth quarter of FY 1990, the states had completed 181% of their state
grant targets with a violation rate of 27%. (Note: in FY 1990, warning letters were included
as enforcement actions; they were not included in FY 1991.)
In the first quarter of FY 1992, Regions VII and VIIIj each with non-delegated programs,
completed a total of 75 use and restricted use dealer inspections, achieving 136% of their target.
Addressing Significant Noncompliance (SN_O
At the beginning of first quarter, FY 1992, 123 FIFRA SNC violations were outstanding. At
the end of first quarter, 39 cases were issued within 180 days and 84 issued beyond 180 days.
Sixteen cases were closed during first quarter. [Note: all SNCs are listed together (current &
previous years); there are no targets for SNCs.]
Enforcement Activity
The regions issued 35 FIFRA administrative complaints in first quarter of FY 1992. Two
FIFRA criminal cases were referred to the Department of Justice (DOJ).
TOXIC SUBSTANCES CONTROL ACT (TSCA)
Inspections And Compliance Levels
In first quarter of FY 1992, regions and HQ completed 363 TSCA compliance inspections; this
is 114% of their first quarter target. States with inspection grants conducted 461 inspections
or 101% of their first quarter target.
Response To Significant Noncompliance
At the beginning of FY 1992, the regions had 415 TSCA SNCs with violations outstanding. At
the end of first quarter, 108 actions had been issued within 180 days and 309 issued beyond 180
days. Thirty-eight cases were closed during first quarter. For federal facility SNCs, 21
violations were outstanding at the beginning of first quarter. By the end of first quarter, 9 had
been issued within 180 days and 12 beyond 180 days. Five cases were closed. [Note: all SNCs
are listed together (current & previous years); there are no targets for SNCs.]
17
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OPPTS FY 1992 First Quarter Progress Report
Enforcement Activity
The regions issued 70 TSCA administrative complaints during first quarter. No TSCA civil or
criminal cases were referred to DOJ during first quarter.
EMERGENCY PLANNING AND COMMUNITY RIGHT-TO-KNOW ACT (EPCRA)
Inspections And Compliance Levels
During first quarter, FY 1992, the regions completed 204 EPCRA inspections which equals
156% of their first quarter target.
Response To Significant Noncompliance
At the beginning of FY 1992,216 EPCRA SNC violations were outstanding. At the end of first
quarter, 79 cases had been issued within 180 days and 137 issued beyond 180 days. Thirty-five
cases were closed by the end of the quarter.
Enforcement Activity
Forty-two EPCRA administrative complaints were issued by the regions during first quarter; no
civil or criminal cases were issued.
18
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FY 1992 First Quarter Report OSWER
OFFICE OF SOLID WASTE AND EMERGENCY RESPONSE
INTRODUCTION .
OSWER's mission is to protect human health and the environment from unacceptable
risks posed by solid and hazardous wastes as well as the release of oil and chemicals into
the environment. OSWER's FY 1992-1995 Strategic Plan outlines four major program
objectives to accomplish this:
1. Minimize the quantity and toxicity of waste created by commercial, domestic, and
governmental activities;
2. Ensure environmentally sound management of solid and hazardous wastes;
3. Prevent harmful releases of oil and hazardous substances into the environment; and
4. Prepare for and respond in a timely and effective manner to releases of hazardous
materials into the environment.
This report organizes OSWER's
progress by environmental problem
area:
• Solid Waste,
•. Hazardous Waste,
*.". Superfund,
* Accidental Releases, and
• Ofl,
and by goals and objectives from the
OSWER Strategic Plan.
NEW TfqS
|N QgWER
A solid waste program, environmental indicators for
solid waste, and an Executive Order on Federal Agency
Recycling;
Prioritizing hazardous waste facilities, environmental
indicators for hazardous waste, and inspections of
hazardous waste generators;
Tracking the timeliness of key Superfund actions, in
addition to tracking the actions. This is iheftrsi any
Agency program has reported this through STARS.
Every strategic plan objective for Superfund has at
least minimal STARS measures to track progress.
This is not matched by any other Agency program.
SOLID WASTE
MINIMIZE THE QUANTITY AND TOXICITY OF WASTE
Source Reduction by Municipalities
The Office of Solid Waste (OSW) reports it has a three stage project on volume-based
pricing of municipal solid waste:
• The 1st stage will list the 100 plus communities with volume-pricing systems.
* The 2nd stage will include a set of case studies from the surveyed communities.
• The 3rd stage will include a study methodology to study the effects of volume-
pricing on a community.
21.
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OSWER FY 1992 First Quarter Report
Increase Markets For Secondary Materials
Federal Procurement Guidelines
Although OSW reports that regions have reported their progress in implementing the
federal procurement guidelines, no information has been reported to STARS.
Federal Agency Recycling Executive Order
The Executive Order on Federal Agency Recycling (October 31, 1991) mandates a
"program to promote cost-effective waste reduction and recycling of reusable
materials—such as paper, plastic, metals, glass, used oil, lead acid batteries, and tires...."
Administrator Reilly appointed Gail Wray the Federal Recycling Officer. By April 30,
1992, each federal agency is to report to EPA its progress on adopting an affirmative
procurement program of recovered materials.
OSW reports several efforts to implement this Executive Order:
* The Social Security Administration in Baltimore MD wants to expand recycling
from computer paper to desktop in their headquarters campus (7 buildings and
13,000 employees). Next step: SSA facilities nationwide.
• The Director of the Federal Bureau of Prisons wants to aggressively implement
recycling and waste reduction, including:
. - Recycling general solid waste;
'- Recycling/reducing waste from manufacturing processes;
- Creating markets by using recycled materials as feedstock into current
manufacturing processes; and
- Developing new processes to use recycled materials such as retreaded tires,
renewed batteries, furniture, yard compost, and cellulose insulation.
• December 1991, OSW and GSA co-sponsored the Federal Recycling Conference II
in Washington DC, Over 300 federal personnel learned how to institute a materials
recovery program and to implement EPA's procurement guidelines.
HAZARDOUS WASTE
ENVIRONMENTALLY SOUND MANAGEMENT
More Effective and Rational RCRA Subtitle C Program
State Authorizations
The number of states authorized to carry out several parts of the Resource Conservation
and Recovery (RCRA) program include:
• 49 states (all but Hawaii, Alaska, California, Wyoming, and Iowa) are authorized for
the RCRA Base program, as well as Guam and the District of Columbia. California
submitted a final application in December 1991 to implement the RCRA program.
22
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FY 1992 First Quarter Report OSWER
• 21 states are authorized for the RCRA Mixed Waste program.
• Eight states (Idaho, Utah, Colorado, Texas, Minnesota, Illinois.Georgia, and South
Dakota) are authorized for the RCRA Corrective Action program.
For the nation as a whole, states are authorized to implement about 25% of RCRA
Subtitle C rules. This is reported in STARS for the first time.
Permitting and Closure
STARS tracks regional permitting and closure activities for about 5,300 storage and
treatment, land disposal facilities, and incinerators. The regions repon:
• Four permits were issued (one denied), and two permit modifications were issued.
• Twenty-two facilities had closure plans approved, and 18 certified closure.
• Three land disposal facilities called in Part B Applications for post-closure permits,
and three (of six targeted) final post*closure permit determinations were made.
* 281 (exceeding their target of 212) facilities have been ranked for environmental
priority out of about 2,600 scheduled for the year. This is reported in STARS for
>... the first time.
Corrective Action
About 2,400 RCRA facilities are scheduled to be prioritized under the National Corrective
»••'', Action Prioritization System (NCAPS) this year. The regions have:
\
* Prioritized 288 facilities (out of 749 targeted). Of these, 15 facilities had
environmental priority assessments completed. This is reported in STARS for the
first time.
• Evaluated 10 facilities for stabilization measures.
Enforcement
The RCRA enforcement strategy has been to maintain a strong base enforcement
program that focuses on addressing Significant Noncompliers (SNC), "timely and
appropriate", enforcement response goals, and routine inspection schemes. As the
regulated universe becomes larger, more sophisticated approaches are needed to gain the
maximum leverage from each enforcement action.
In order to maximize deterrence, specific segments of the regulated community or specific
types of violations of regulatory requirements will be targeted for enforcement in FY
1992. These targeted initiatives will be coordinated nationally among EPA regions, the
states and the Department of Justice. While recognizing the importance of the base
program, the Agency will make use of new targeting approaches for special initiatives that
will direct a portion of its compliance and enforcement resources at environmental
problems which may not be addressed through the current regulatory, statutory, or
23
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OSWER FY 1992 First Quarter Report
organizational framework, or where existing authorities could be applied in a more
concerted manner to maximize environmental improvements.
Inspections
During first quarter, both EPA and the states performed well on yearly inspections targets
for land disposal facilities (141 against a target of 119 (118%)) and for treatment, storage
and disposal facilities (210 against 166 (127%)). Federal, state and local treatment, storage
and disposal facilities did not make their first quarter target (30 against 44 (68%). There
were 799 inspections performed at hazardous waste generators.
Addressing Significant Noncompliance
At the end of first quarter, the RCRA program reported 512 handlers in SNC that are High
Priority Violators, having been addressed by a formal enforcement action, but have not
returned to full compliance and 536 SNCs not having a formal enforcement action within
135 days of an inspection, record review or other compliance monitoring event.
Return to Compliance
Several new measures were added in FY 1991 to track the number of SNCs returned to
compliance. As of October 1, 1991, as a result of an inspection, record review, or other
compliance monitoring event conducted prior to October 1,1988, there were two handlers
that returned to compliance without a formal enforcement action at the end of the first
quarter. There were no SNCS that had a formal enforcement action and had returned to
compliance with all violations which caused them be in SNC and none were currently
undergoing legal proceedings.
Enforcement Activity
During first quarter, EPA referred five RCRA civil and 12 criminal cases to the U.S.
Department of Justice compared to four civil cases and seven criminal cases for the same
period last year. EPA issued 46 formal administrative actions compared to 59 for the same
period last year. The states issued 186 administrative actions compared to 183.
MINIMIZE THE QUANTITY AND TOXICITY OF WASTE
The Offices of Solid Waste and Waste Programs Enforcement have several activities under
objectives to achieve this goal. STARS does not track these activities.
SUPERFUND
ENVIRONMENTALLY SOUND MANAGEMENT
Make greater use of innovative technology for site remediation and corrective action.
An integral part of all of OSWER's programs is the increasing application of innovative
technologies for source control and ground water remediation, providing more options for
greater effectiveness at lower costs. Efforts are predicated on improvements in the
processes by which innovative technologies are developed, evaluated, selected, marketed,
and implemented.
24
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FY 1992 First Quarter Report OSWER
STARS tracks the number of Superfund sites nominated as locations for demonstration
projects under the Superfund Innovative Technology Evaluation (SITE) program. Fifteen
sites in the remedial investigation/feasibility study (RI/FS) stage were nominated in first
quarter, in Regions I, IV, V, and IX. This is the first year-that OSWER has reported this
information to STARS. The STARS reports for second, and fourth quarters of FY 91
reported on the implementation of innovative technologies at NPL sites.
Ensure the long-term effectiveness of resppnse actions under Superfund.
The Superfund Amendments and Reauthorization Act (SARA) of 1986 increased the
emphasis on designing long-term cleanup solutions for Superfund sites. Superfund's
strategy includes greater emphasis on improved technologies and technology transfer, and
improved evaluations of the remedies used.
STARS tracks the completion of final remedial actions (RAs) as one measure of site
completion, there are two other ways not tracked in STARS that a site may be rendered
complete; removal actions and a decision
not to take an action. In first quarter,
the regions completed eight final RAs
(target of seven), with three of these in
Region IV. The national end-of-year
target is 34 sites. Prior to this year, 63
sites had been completed. Site
completion occurs when the National
Contingency Plan (NCP) criteria for
deletion have been met, or that the only
activity remaining is performance
monitoring.
In July ,1991, OSWER completed the Superfund
30-Day Task Force Report which focused on
accelerating site cleanups. Recommendations include
an aggressive targeting strategy for site completions.
The targets proposed for NPL site completions are:
- 130 sites completed by the end of FY 92,
- 200 by the end of FY 93, and
- 650 by the end of the year 2000.
In addition to final Remedial Actions, OSWER will
also count as completed those sites with final removal
actions (no further work is required) and sites with no-
action RODs.
PREPARE FOR AND RESPOND TO HAZARDOUS RELEASES
Better integrate QSWER's, cleanup programs.
OSWER will work to integrate the relevant aspects of the Agency's cleanup programs,
such as Superfund, the Oil Pollution Act, RCRA's subtitles, and parts of the Clean Water
Act, to increase the efficiency and effectiveness of cleanup efforts. By FY 94, OSWER is
to develop integrated technical training programs, develop Comprehensive Environmental
Response, Compensation, and Liability Act (CERCLA)/ RCRA strategy and policy for
lead-in-soil cleanups, and complete the Environmental Priorities Initiative (EPI).
Under EPI, Superfund monies are used to pay for Preliminary Assessments (PAs) at RCRA
facilities. OSWER reported completion of 102 PAs under EPI. Half of these occurred in
Regions III and V. This is the first year STARS has collected this information; only
those RCRA PAs funded by Superfund are reported under this STARS measure.
25
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OSWER FY 1992 First Quarter Report
Improve identification and remediation of hazardous and petroleum waste sites.
As the cleanup programs continue to develop, OSWER will seek to address the highest
risks first, reduce the time from site
identification to effective response, and
reduce costs in order to address more
sites. The strategies to implement
improvements are broad and aggressive.
The Superfund process, or "pipeline," is
divided into three principal stages: Pre-
Remedial Investigation, Remedial
Alternatives Evaluation, and Remedial
Action Implementation. The main steps of
the pipeline are tracked in STARS.
Traditionally only the numbers of
activities have been tracked; beginning in
FY 92 STARS will also track the
timeliness of certain pipeline activities.
The changes recommended by Don Clay, Assistant
Administrator, in the 30-Day Study are intended to
speed the completion of site cleanups. Key among the
recommendations are:
. standardized solutions for cleanup investigations,
remedy designs, and enforcement activities;
• higher priority on resolving conflicts between
EPA, DOJ, the states, and other parties;
- improved public communication of Superfund
accomplishments;
- modifications to the requirements for deleting sites
from the NPL; and
• an aggressive targeting strategy for site
completions.
Pre-Remedial Investigations
In first quarter, Superfund completed 547 Site Investigations, against a target of 253.
Superftmd has surpassed this target for several quarters.
Remedial Alternatives Evaluation
. Regions addressed three sites, either with a first removal action or RI/FS start, meeting the
.target. One year ago Regions had addressed seven sites.
There were five Records of Decision (RODs) completed, against a target of twelve. The
end-of-year target is 128 RODs. One year ago, Regions completed 18 of 20 targeted
RODs. ROD completions have often been a bottleneck in the pipeline.
Remedial Action Implementation
Regions completed nine remedial designs (RD), against a target of 11; the end-of-year
target is 128 RDs. One year ago, regions had completed 12 of 18 targeted RDs.
There were 12 Remedial Action (RA) starts (contract awards) at NPL sites in first quarter.
against a target of 4. The second quarter target is 31; and the end-of-year target is 92.
One year ago regions had completed two of seven targeted RA starts.
Superfund completed ten RAs, against a target of eight. The end-of-year target is 77. One
year ago ten RA completions were reported, against a target of two. Due to site
complexity, there may be more than one remedial action at a site; however, the final RA
completed at a site is an indication of overall site completion.
26
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FY 1992 First Quarter Report
OSWER
Response Timeliness
One of OSWER's objectives is to move sites efficiently from remedy selection to response.
For the first time, STARS tracks the
timeliness of certain Superfund activities,
providing key information about efforts to
continually improve the speed of remedial
response development.
Quarters Sinn Stan of Responsible Party Searcn
12 • 14 16 18 20
Regions reported in first quarter that, on
average nationally, the duration from ROD
to RD start was 3.7 quarters, and from ROD
to RA stan was 10 quarters. The CERCLA
Enforcement Timeline can be used as a
generic baseline for gauging improvements
to performance.
Public comment
ROD
|| RD/RA Nega
flaibnli
Consent 0
«cre« 4 Filing
|RO
1
K
This segment of the enforcement timeline illustrates
part of the generic schedule of remedial and enforcement
activities. Due 10 space limitations, some stages of the
process have been omitted. From the Enforcement
Project Management Handbook, OSWER, 1989.
Enforcement
In FY 92, the Superfund enforcement program will continue to focus on using
enforcement authorities to compel Potentially Responsible Parties (PRPs) to participate in
the Superfund process, managing the RD/RA negotiation process within the timeframes
established under Section 122, maximizing cost recovery to the Trust Fund and working
toward achieving the Management by Objective Goal of $300 million in FY 93. The
regions will continue to use RD/RA settlement tools, including unilateral administrative
orders (UAOs), deminimis and mixed funding settlements, referral of treble damage cases,
referral of cases against non-settlers and penalty authorities, along with close inter-agency
and intra-agency coordination in the settlement process.
Enforcement Activity - RD/RA Settlements
During the first quarter, there were nine consent decree referrals under Sections 106, 107
and 122(d) for PRPs to conduct or pay for RD/RA. There were three Section 106 UAOs
issued for RD/RA (in compliance), bringing the total number of RD/RA settlements to 12
(against a target of four).
There were no Section 106 or Section 106/107 injunctive referrals to compel PRPs to
conduct RD/RA (without settlement). The target for the first quarter was also zero.There
were two Section 106 UAOs issued to compel PRPS to conduct RD/RA (without
settlement).
Enforcement Activity Information Request Orders/Removals
There were no Section 104 (e) (5) orders issued or cases referred to compel PRPs to
comply with information requests.
Nineteen orders (Administrative Orders on Consent and UAOs) were issued under
Sections 104,106 and 122 for PRPS to conduct removal actions and/or RI/FS. Regions III
and VII had six orders each.
27
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OSWEH FY 1992 First Quarter Report
Enforcement Activity - RD/RA Negotiations Process
The average duration between ROD and RD/RA negotiation completion for all RD/RA
negotiations completed or planned for completion in FY 92 was 27 quarters.
Enforcement Activity - Cost Recovery Referrals
In the first quarter, there were five Section 107 or 106/107 judicial referrals (greater than or
equal to $200,000) for Fund-financed removals, RI/FS, RD or RA (against a target of
seven).
In the OE Docket, the total number of CERCLA Section 107 cost recovery referrals to
DOJ, including those less than $200,000 and/or those involving proof of claim bankruptcy
issues, was 6 for the first quarter of FY 91. There were 6 Section 106/107 referrals. Overall,
there were IS CERCLA civil referrals during the first quarter.
Enhance state capabilities to clean un hazardous and oetroleum waste
In January of 1991, a federal court ruled that EPA
has until July 1992 to complete PAs at federal
facilities, and one year after that to determine whether
any of the sites should be placed on the NPL. As of
February 1991, this included about 50 facilities. Due
to the recent OSWER measures reduction, STARS no
longer tracks PAs.
The Superfund program has been
building toward developing state-run
programs so that more sites can be
addressed sooner. Over the next five
years, OSWER will place increasing
emphasis on enhancing state
capabilities, and will establish the
Agency's position on the state role
under CERCLA, and improve
/.cooperation and exchanges with the
;> states. Success measures include an increasing number of state-conducted non-NPL
responses and increases in the amount of contaminated media managed by the states.
There are no STARS measures that track progress of Superfund state capabilities.
ACCIDENTAL RELEASES
PREVENT HARMFUL RELEASES
Improve release prevention practices and technologies.
OSWER's strategy focuses on efforts to collect and share information regarding accident
prevention, provide stakeholder support, and continuous improvement. The Chemical
Emergency Preparedness and Prevention Office (CEPPO) will identify and use the most
effective communication mechanisms, and work with stakeholders in identifying and
implementing their responsibilities and enhancing capabilities. OSWER will develop ways
to measure the success of these risk management programs.
To portray this progress, STARS tracks the number of Accidental Release Information
Program questionnaires sent to and returned by facilities with substance releases.
28
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FY 1992 First Quarter Report
OSWER
Nationally, there were 318 questionnaires sent out, and 299 returned (half of these were
in Region IX). This level of national activity is comparable to that of previous quarters.
There were three chemical safety audits conducted in first quarter.
particularly fo high risk/high volume
locations.
Under SARA Title ffi, OSWER will work
with states and Local Emergency Planning
Commissions to focus on high risk/volume
locations, to identify and develop profiles
for environmentally critical or high-value
areas, and to work with states to identify
financial incentives for industry to prevent
releases. Potential measures of success
include continuous reductions of
hazardous substance releases and declines
in environmental damage.
Emergency planning technical assistance occurred in
some areas where violations were recently identified.
n^Reaions identifying a least 10% of violators
inFY90andFV9r
ra-Regiona providing at toast 10% of national lotai
ol lochnieal assistance in first quarter."
•UndwCERCLAnfldEPCRA. " OSWER-40.01 FVBZ nuntora
FVtt) tnt 9i vfettor numMn.
In first quarter the regions conducted 38
after-incident evaluations. Regions also
investigated 194 potential violations, a
performance comparable to the number of
investigations one year ago. The national
end-of-year target is 317 potential
violations. OSWER will not track violations
identified in STARS in FY 92.
In FY 90, OSWER reported that a total of 147
accidental releases -- violations of CERCLA and
Emergency Planning and Community Right-to-Know
Act (EPCRA) -- were identified. In FY 91, a total of
647 violations were identified.
PREPARE FOR AND RESPOND TO HAZARDOUS RELEASES
Improve the preparedness of federal, state, and local entities to respond to releases of
petroleum and hazardous material into the environment.
Under Title in of SARA, states and communities are responsible for developing and
implementing emergency response programs. EPA's role is to support state and local
programs by providing technical assistance and training, by developing and testing
federal response plans, by collecting and making available information regarding
emergency responses, and by taking enforcement actions to increase compliance with
CERCLA and EPCRA. In first quarter, EPA provided technical assistance and training in
184 instances.
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OSWER FY 1992 First Quarter Report
OIL
The FY 1992 Quarter Reports will describe the activities and results of the Underground
Storage Tank (UST) program for petroleum under the environmental problem area of Oil.
This is to set the stage for reporting in FY 1993 on both this program and the
implementation of the Oil Pollution Act for aboveground storage tanks holding oil.
PREPARE FOR AND RESPOND TO HAZARDOUS RELEASES
Improve Identification and Remediation of Hazardous and Petroleum Waste Sites
Confirmed Releases
Since the start of the program in 1986, the cumulative number of confirmed releases at
sites nationally is 136,398. This is reported in STARS for the first time.
Since 1986, the cumulative number of leaking underground storage tank (LUST) site
cleanups initiated amounts to 85,106 (62% of the sites with confirmed releases). There has
been a large increase in the number of emergency responses to leaking underground
storage tanks, and tank closures, and a decline in LUST trust fund monies to the States
over the last two years.
The cumulative number of petroleum releases under control is 57,007 (67% of cleanups
initiated).
The cumulative number of cleanups completed at sites is 29,864 (35% of the sites with
cleanups initiated).
Over the last three years, cleanups initiated by responsible parties have been above 95%,
and have remained at 97% over the last year.
Enhance State Capabilities \o Cleanup Hazardous & Petroleum Waste Sites
EPA Approved State Programs
Fifty-five States and territories currently implement State UST/LUST programs Of these:
• Eight have submitted completed applications for EPA approval; and
• Six have received EPA approval. New Mexico, Mississippi, Georgia, and New
Hampshire in FY 1991, and North Dakota and Vermont in FY 1992.
30
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FY 1992 First Quarter Progress Report OW
OFFICE OF WATER
INTRODUCTION
The mission of the Office of Water is to restore, protect and enhance the natural values
and uses of the nation's waters as healthy, sustainable ecological systems, recreational
resources, and sources of food and drinking water. The following links program priorities
as expressed in the draft FY 1994-1997 strategic plan, "The Water Planet III," and the
FY 1992 Agency Operating Guidance (AOG) with activity measures tracked in STARS.
For each of the major categories of water resources, goals, objectives and strategies are
outlined along with FY 1992 performance expectations. Where appropriate, first quarter
performance highlights are included.
RIVERS, STREAMS, AND LAKES
The goal for these natural resources is to fully support aquatic life and wildlife uses, fish
consumption uses, recreation uses and where appropriate, water supply uses. Objectives
are to increase the percentage of waters fully supporting aquatic life uses in targeted
waters; to reduce pollutants in targeted waters; to reduce and ultimately eliminate the
discharge of bioaccumulative pollutants; and to improve the quality and consistency of
fishing bans and advisories. Strategies are to target pollution prevention and control
activities based on sound science and technical information; to use the traditional tools of
the base program, such as permitting, criteria and standards development, effluent
guidelines development and enforcement in targeted areas; to develop new tools; and to
implement the nonpoint source control program. As described below, some activities in
support of these objectives are tracked in STARS for FY 1992.
POINT SOURCES
NPDES Permits
The National Pollutant Discharge Elimination System (NPDES) permit program is the key
regulatory tool for limiting point source discharges. Originally designed to control
conventional pollutants, the program now also limits toxics and combined sewer
overflows. STARS tracks major permits reissued by EPA and the 39 delegated states, and
permits reissued or modified with water quality-based limits for toxics. Water quality -
based limits ensure that a discharge does not violate state water quality standards and
therefore protect against adverse impacts to aquatic life and human health.
This quarter, EPA reissued 51 major permits against a target of 34 and the delegated states
reissued 120 against a target of 135. Notable performance shortfalls are in Regions 1 and
n, where States reissued one and 20 permits against targets of 8 and 47, respectively. In
Region VI, the Agency reissued 14 more permits than the target. Region IV states reissued
33
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OW FY 1992 First Quarter Progress Report
40 permits against a target of 24. Major and minor permits with water quality-based
permits numbered 77 this quarter; last year 148 were issued in the first quarter.
NPDES Enforcement
FY 1992 enforcement objectives for the NPDES program include inspections to identify
compliance problems, effectively enforcing the pretreatment program, and maintaining
compliance utilizing the SNC/Exception reporting and enforcement process.
f
Inspections reported for fourth quarter FY 1991 indicate that 1,730 permitees were
inspected, exceeding the national target of 1,200. Of the 7,206 total major NPDES
facilities, 754 or 10% were in SNC during the first quarter (up from 668 last quarter). Last
quarter's exceptions list contained 106 major facilities. During the first quarter, 43
returned to compliance, and 19 were subject to enforcement action. The remaining 44
unresolved facilities plus 55 new SNCs added as exceptions during the quarter constitute
the pending balance of 99 facilities.
Through the first quarter, EPA issued 312 administrative compliance orders, including 12
for failure to implement a pretreatment program and 27 proposed penalty orders for
NPDES violations. States issued 231 orders, including 47 penalty orders. State civil
actions included 29 referrals to their State Attorneys General (25 by Region VII), five filed
in State court, and 12 concluded cases.
Construction Grants & State Revolving Funds
<
The construction grant process begins with outlays, which are tracked in STARS. In the
fiist quarter of FY 1992, Agency-wide net outlays for grants and SRF were 94% of target.
Region I made 74% of target.
Phase out of the construction
grant program, as called for in (jtet Outlays for SRF & Construction
1987 CWA amendments, is ^ . „ . , „
following a two-tiered Engineering Des»gn (1-2 years)
schedule. By FY 1995, all Construction (3-5 years)
construction grant projects are
scheduled to have achieved ^ Initiate Operations (12 months? ^
administrative completion. \ ^
This means that the paper ^Administrative Completion (6 months)^
work on the project has been
TTWiil. w» M»w ff+*rj*r*f* »•>« fwwai m _ CTAPC1 f^
completed and all that remains V^__i/ project Closeout (up to 3 and 1/2
is a possible audit. The
program considers this step to
be a critical milestone, as OW involvement declines after administrative completion.
Project closeout, the final step in phasing out the program, is dependent on a complex
process, including completion of an OIG audit, resolution of debt issues, and issuance of a
closeout letter.
34
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FY 1992 First Quarter Progress Report OW
For the first quarter, administrative completions, were 60% of target. Regions I, II, III, IV,
and VI were below 50% of target. First quarter reporting for administrative completions is
typically low, and is expected to improve in the second quarter. Project closeouts
continued the fast pace established last year, closing out 161 projects against a target of
151.
A new measure was added in this year to track the number of construction grant programs
showing environmental results. A project is considered to have begun to achieve
environmental results when it initiates operations. In the first quarter, only 61% of the
commitments were met
Storm Water
The "National Water Quality Inventory, 1990 Report to Congress" provides a general
assessment of water quality based on biennial reports submitted by the states. The Report
indicates that roughly 30% of identified cases of water quality impairment are attributable
to storm water discharges. In addition, the Strategic Plan states that pollutants in storm
water discharges are leading causes of impairments to coastal and inland waters.
Over 100,000 industrial facilities and 220,000 municipalities are subject to EPA initial
permit requirements for storm water discharges. These permits will provide a mechanism
for monitoring the discharge of pollutants to waters of the United States and for
establishing source controls where necessary. Industrial facilities are given a choice of
three permit application options: individual, group or general permits. Municipalities must
submit two-part applications; Part One includes information regarding existing programs,
the means available to the municipality to control pollutants, and a field screening
analysis of major outfalls to detect illicit connections. Pan Two requires quantitative data
and a description of proposed storm water management plans.
In FY 1992 STARS will follow the number of baseline general permits issued for industrial
sources of storm water discharges and the number of Part One permit applications
submitted for municipal sources. Reporting for this new measure is still somewhat
experimental. First quarter shows zero for the number of baseline general permits;
however, with six regions reporting, 21 Part One applications were submitted.
NONPOINT SOURCES
Agricultural runoff is the largest single source of impairment to the Nation's rivers and
streams. The Global Tomorrow Coalition is cited in the OW Strategic Plan as declaring
that nonpoint source pollution causes economic losses estimated at $3.6 billion/year. The
Strategic Plan outlines several activities with regard to nonpoint source control, but
STARS measures are limited to reporting in fourth quarter the number of waterbodies
targeted for total maximum daily load development (including NPS factors) and the
percentage of state priority waterbodies with nonpoint source control programs in place.
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WATER QUALITY PLANNING, STANDARDS, AND ASSESSMENT
OW's fundamental strategic underpinning across all major resource areas is the
development of a solid scientific and technical foundation for decision-making. STARS
currently tracks two priority activities which reflect the implementation of water pollution
control criteria.
Toxics Criteria
Section 303(cX2XB) of the Clean Water Act (CWA), as amended, requires that whenever
a state reviews water quality standards in accordance with §303(c)(l), the state must
adopt numeric criteria into water quality standards for §307(a) priority pollutants that
could be reasonably expected to interfere with designated uses. Full compliance 'was
mandated for FY 1991. Twenty-two states had not complied fully when the Agency
initiated action to propose federal standards in November of 1991. In FY 1992, STARS
tracks adoption of criteria by states where the regions disapproved water quality
standards or portions of those standards. States adopting sufficient criteria to comply
with 303(c)(2XB) will be removed from the federal promulgation list. Three additional
states have come into compliance as of February 12,1992.
Triennial Review
The emphasis of these reviews is the reduction of ecological risk in critical surface
waterbbdies. The requirements are designed to enhance the ability of states to adopt
water quality standards that will reduce risks facing aquatic resources, particularly from
honpoint sources, combined sewer overflows and storm water runoff. The critical water
bodies targeted include wetlands and coastal/estuarine waters, but also may include lakes,
' streams and rivers. States completing the FY 1991-1993 triennial review must adopt five
program requirements: (1) standards that apply directly to wetlands; (2) standards that
apply directly to estuaries; (3) narrative biological criteria in standards to protect the
designated uses for wetlands, estuaries, and other priority waters; (4) salt water criteria, as
appropriate; and (5) anti-degradation implementation methods in standards. STARS
targets the number of states completing triennial review by second quarter and fourth
quarter. As of FY 1991,10 states completed their triennial review; an additional 21 states
are expected to complete reviews in FY 1992.
COASTAL AND MARINE
For coastal and marine resources, the goal is to restore, protect and enhance the Nation's
waters to sustain living resources, protect human health and the food supply, and recover
full recreational uses of shores, beaches and coastal waters. Program objectives include:
increasing the percentage of waters fully supporting aquatic life use in targeted waters;
reducing the amount of pollutants discharged into targeted waters; decreasing the
temporal and spatial extent of hypoxia and anoxic dead zones in geographically targeted
coastal waters; decreasing the number of waters not fully supporting recreational use; and
reducing the amount of debris in the marine environment.
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FY 1992 First Quarter Progress Report ow
While acknowledging that base programs must be maintained in order to sustain present
levels of coastal and marine protection, the Strategic Plan emphasizes the need for risk-
based resource targeting. OW will assist state and local governments in identification of
high risk areas, in identification of environmental land use planning options, and the
application of pollution prevention principles. OW is forging a new leadership role vis-a-
vis the states and localities, encouraging non-federal implementation of comprehensive
programs. OW strategies tracked in STARS are highlighted below.
NATIONAL ESTUARY PROGRAM (NEP)
The OW Strategic Plan declares that the program will provide encouragement and
assistance in state and local implementation of Comprehensive Conservation and
Management Plans (CCMPs). CCMPs outline strategic programs critical to the improving
or preserving the environmental integrity of targeted estuaries. The development of the
CCMP proceeds in four phases: 1) creating a decision making framework, through
involvement of all stakeholders; 2) characterizing the estuary's problems and probable
causes; 3) CCMP development; 4) CCMP implementation. STARS tracks the
development phase of the CCMP. As of January 1992, final CCMPs have been approved
for Puget Sound and Buzzards Bay, out of a total of seventeen estuary projects supported
by the National Estuary Program since 1987.
ForFY 1992, OW committed to completing five draft CCMPs and two final CCMPs.
Because of delays, the program office expects to complete three draft (Narragansett Bay,
San Francisco Bay, and Albemarle-Pamlico Sound), and one final CCMP (Narragansett
Bay) this fiscal year.
OCEAN DUMPING
OW identified ocean dumping of dredged material as a risk to coastal water quality in their
strategic plan. STARS tracks the number of environmental impact statements and the
number of final actions. EPA takes final action in order to determine if the site will be
designated or not for ocean dumping. In FY 1991, EPA committed to 10 final actions and
completed four; in FY 1992, there is a commitment to seven final actions. To date, 74
ocean dumping sites out of an original list of 147 sites have been designated on a final
basis in 18 out of 28 coastal states. Puerto Rico, American Samoa and Guam have ocean
dumping sites as well.
WETLANDS
The goal for our Nation's wetlands is "no net loss" as measured by acreage and function.
Over time, the Agency seeks to increase the quality and quantity of wetlands. The
wetlands program enforces CWA §404 and uses a variety of strategic initiatives to
promote wetlands protection activities, including advance identifications, public
education and outreach and comprehensive planning. These activities are tracked in
STARS. Seven major public outreach efforts were completed in Regions 1,111, IV, VI and
VII, one comprehensive management and planning initiative was done in Region VII, but
no advance identifications were completed in the first quarter.
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§404 ENFORCEMENT
FY 1992 enforcement priorities identified by the wetlands program include follow-up of
enforcement initiatives begun in FY 1991, participation in new geographically-based
enforcement initiatives, and to continue the expanded use of civil and administrative
enforcement authorities. This quarter the wetlands program issued 15 administrative
compliance orders, three administrative penalty complaints, and resolved 79 cases
(through voluntary compliance or by administrative or civil action).
GROUNDWATER
The strategic planning goal for ground water is to prevent adverse effects to human health
and the environment, and to protect the environmental integrity of this national resource.
Specific objectives supporting this goal include: reducing the population served by water
systems using contaminated ground water; reducing the amount of pollutants released
into ground water; increasing the number of states that are implementing Comprehensive
State Groundwater Protection Programs; increasing state and local involvement in the
wellhead protection program and eliminating 100% of identified Class V hazardous waste
shallow injection wells and other known endangering shallow wells, and ensuring
continued compliance of all other wells.
COMPREHENSIVE STATE GROUNDWATER PROTECTION PROGRAMS
Comprehensive programs provide a state-level framework that integrates the various
federal, state and local government groundwater activities. Coordination will extend
beyond attempts to integrate various groundwater pollution source control programs to
include integrated groundwater data systems, coordinated federal grant assistance to
states and consistent groundwater regulations. EPA's role is to assist states in the
development and implementation of comprehensive programs beginning with a national
series of roundtable discussions the first half of FY 1992. For FY 1992, the regions will
report activities supporting cross-program integration, and report state progress in moving
toward the development and implementation of programs.
WELLHEAD PROTECTION PROGRAM
OW is increasing emphasis on pollution prevention to complement its water quality
programs. The wellhead protection program is a key example of OW's pollution
prevention efforts. Priority will be given to shallow injection wells in targeted wellhead
protection areas. In FY 1992, STARS continues to track the number of states with
approved programs, reflecting the national objective of developing and implementing
programs in all states. Nationwide a total of 18 states have programs approved; for this
year 14 additional states are targeted with 8 submittals currently under review.
UNDERGROUND INJECTION CONTROL
In FY 1992, the Underground Injection Control (UIC) program will place greater emphasis
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FY 1992 First Quarter Progress Report OW
on targeted Class V wells that pose the greatest risk to underground sources of drinking
water, and on Class I hazardous waste wells impacted by the RCRA land ban. Strategies
emphasizing pollution prevention, educating local decision-makers, and efforts to
emphasize cross program coordination, multi-media approaches, and federal consistency
will be critical in implementing the program.
UIC ENFORCEMENT
The UIC enforcement program will focus on three objectives in FY 1992: identifying
noncompliers, maintaining compliance through a variety of enforcement initiatives, and
reducing risk to public health and the environment through continued closure of Class IV
and Class V injection wells.
Field inspections" mechanical integrity tests, and self-reporting through the first quarter
have identified 725 wells as being in significant non-compliance (SNC) (294 in state-run
programs and 431 in EPA-run programs). This is an increase of 410 SNCs in comparison
to the end of the first quarter of FY 1991.
Through the end of the first quarter in FY 1992, there were 503 injection wells on the
Exceptions List (injection wells which have remained in SNC for 90 or more days without
initiation of a formal enforcement action). Most of these SNC's (455) are in state-run
programs. The FY 1992 first quarter Exceptions List marks a 10 percent increase over the
first1 quarter FY 1991.
A total of 507 Administrative Orders were issued (486 in state-run programs and 21 in
EPA-run programs) through the first quarter of FY 1992. Compared to the first quarter of
FY 1991, Administrative Orders issued more than doubled.
The closure of Class IV and V injection wells is a new measure in STARS for FY 1992. For
the first quarter, 123 Class IV and V wells were closed (49 in state-run programs and 74 in
EPA-run programs). These injection well closures require owners and/or operators to
permanently discontinue injection of any unauthorized or endangering fluid contaminants
which are in violation of the Resource Conservation and Recovery Act, the Safe Drinking
Water Act, or other applicable regulations.
DRINKING WATER
The overall strategic planning goal for drinking water is to ensure that all Americans
receive high quality drinking water sufficient to protect their health. In FY 1992, OW will
continue to emphasize regulatory development for contaminants specified in the 1986
SDWA Amendments. Program strategies include increasing enforcement to maintain and
improve compliance rates, building state capacity and providing increased public
education to enable the adoption of new regulations, and improving the Agency's
scientific and technical base to strengthen federal, state, and local decision-making.
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OW FY 1992 First Quarter Progress Report
PUBLIC WATER SYSTEMS SUPERVISION
OW has three major strategic planning objectives for drinking waters. First, OW plans.to
reduce the number of people served by water systems that violate state or federal drinking
water standards for selected contaminants. By 1997, all but the smallest Public Water
Systems (PWS) are to have completed the initial round of compliance monitoring
requirements for the 108 drinking water contaminants with standards. The second
objective is to increase the number of states adopting and implementing new regulations,
and therefore maintaining primacy. And finally, OW plans to work with states to build
capacity, including technical assistance, guidance, and development of state funding
mechanisms. As described below, in FY 1992, STARS tracks system compliance.
PUBLIC WATER SYSTEMS SUPERVISION ENFORCEMENT
The goal of the PWSS Enforcement Program is to protect public health by ensuring
compliance with federal drinking water regulations. Violation:; of these regulations are
reported to the Federal Reporting Data System (FRDS) by the states and regions. The
violations reported to FRDS are lagged one quarter. Water systems that have more
serious, frequent, or persistent violations are considered significant noncompliers.
According to the PWSS program's timely and appropriate criteria, SCNs must be
addressed with an appropriate enforcement action or the system must return to
compliance within six months, or they are classified as exceptions. SNCs/exceptions are
tracked through an in-house database separate from FRDS and are reported to STARS.
At the end of fourth quarter FY 1991, OW reported 1,689 microbiological/turbidity (M/T)
SNCs and 713 chemical/radiological SNCs based on information from FRDS.
Follow-up of the 395 new M/T SNCs, identified in second quarter FY 1991, resulted in
42% of these being resolved in a timely and appropriate manner. The remaining 229
systems were added to the exceptions lists for first quarter FY 1992. The percent of SNCs
resolved is down from third quarter FY 1991 when 74% of the SNCS were resolved in a
timely manner. Follow-up of the 133 new chem/rad SNCs for the same period resulted in
63% being resolved and the remaining 49 systems were added to the exceptions list for
first quarter FY 1992. In third quarter FY 1991, 57% of the new chem/rad SNCs were
resolved.
Of the 786 exceptions for M/T identified at the beginning of the fourth quarter, 31% were
resolved in a timely and appropriate manner. The other 542 exceptions remained on the
exception list. In third quarter FY 1991, 38 percent of M/T SNCs were resolved for the
same time period, leaving 134 systems to be addressed. Thirty-four percent of the
chem/rad exceptions were addressed in third quarter.
Fourth quarter EPA enforcement activity included issuance of 1,193 Notice of Violations
(NOVs), 221 proposed administrative orders, 168 final administrative orders, three §1431
emergency orders, referral of one civil judicial case, and two criminal filings. States issued
390 administrative compliance orders, and referred 37 civil cases (26 in Region IV).
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FY 1992 First Quarter Progress Report Gulf Of Mexico
GULF OF MEXICO PROGRAM
•f
FIVE YEAR PROGRAMMATIC GOALS AND OBJECTIVES
Developed in 1988, the Gulf of Mexico's five-year strategic plan identified two
overarching goals with a total of nine objectives. FY 1992 is the final year of this plan. This
year, STARS will examine the progress the program has made in fulfilling the goals and
objectives in its strategic plan. OPPE will also support the Gulf of Mexico program's efforts
to develop a new strategic plan as well as appropriate measures of success that will
highlight the program's progress. In 1988, the goals and objectives of the Gulf of Mexico
program were as follows:
Goal I: Establish an effective infrastructure for resolving complex environmental
problems associated with man's use of the Gulf of Mexico.
Objective 1: Establish and provide support to a Gulf of Mexico
Program Office.
Objective 2: Establish and implement a Gulf of Mexico Program
committee structure.
Objective 3: Establish a public education network that includes
information transfer, educational outreach, and
participation activities.
Goal II: Establish a ftamework-for-action for implementing management options for
pollution controls, for remedial and restoration measures for environmental
losses, and for research direction and environmental monitoring protocol.
Objective 1: Prepare environmental characterizations.
Objective 2: Prepare environmental assessments.
Objective 3: Develop an interactive data management system.
Objective 4: Develop predictive assessments.
Objective 5: Develop and implement a Gulf of Mexico Environmental
Management Plan.
Objective 6: Develop and implement a Gulf of Mexico Monitoring
Plan.
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FY 1992 First Quarter Progress Report Regional Initiatives
FY 1992 REGIONAL INITIATIVES
INTRODUCTION
Regions have identified specific risk-based initiatives based on their strategic plans. Several of
these initiatives involve the cooperative efforts of a number of federal, state and local agencies
as well as different media offices within EPA. The following describes the goals and purpose
of a representative group of these initiatives. This report will provide periodic updates of the
progress achieved as reported by Regional Administrators in their quarterly memos.
REGION II: PRASA COMPLIANCE MODULE
The Puerto Rico Aqueduct and Sewer Authority (PRASA) has been unable to meet its
compliance schedules due to financial constraints. The Region is planning to expand its
enforcement efforts to address the drinking water and wastewater treatment problems. It will
also work cooperatively with PRASA and other local agencies to develop funding mechanisms
for needed construction projects. Working within the existing regulatory framework, the Region
will continue to modify its enforcement strategy to take into account the unique economic,
cultural, and environmental conditions of Puerto Rico.
REGION HI; USING GIS TO TARGET THREATENED GEOGRAPHIC AREAS
The objective of this initiative is to identify several threatened geographic areas for future
efforts. GIS technology and relevant data bases will be used to characterize and match unique
Regional receptors (e.g., population centers, water supplies) with an inventory of environmental
stressors to characterize the total environmental risk in that particular area. A priority ranking
of the most severely affected geographic areas will be prepared to direct mitigation efforts.
Then, cross-media efforts, such as increased enforcement action, pollution prevention initiatives,
and focused monitoring of environmental indicators, will be implemented.
REGION III: USE OF RISK IN SETTING PRIORITIES ACROSS PROGRAMS
The Region plans to use risk as the principle criterion to determine priorities of its
environmental threats. Its Comparative Risk Study will serve as the starting point, but a series
of analyses will be undertaken to supplement this study. These analyses will better enable the
Region to recommend investment/disinvestment trade-offs resulting in the greatest risk
reduction.
REGION IV: TRI-STATE GEOGRAPHIC INITIATIVE
This initiative is a multimedia strategy to address continuing environmental concerns in the
Ashland, Kentucky area. In response to citizen health complaints of skin rashes, breathing
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Regional Initiatives FY 1992 First Quarter Progress Report
difficulties, bleeding and cancer, Region IV conducted air quality and health studies for two
years, but the results were inconclusive. Region IV formed a work group to develop and
implement a quality-based approach to multi-media environmental evaluation, compliance
assurance and enforcement in the Ashland area. Studies are now-underway to identify all major
environmental problems and their sources. A strategy to respond to all environmental problems
using regulatory, reduction, or remediation tools will be designed and implemented.
REGION IV: SOUTH FLORIDA GEOGRAPHIC INITIATIVE
The Everglades is an internationally-recognized unique ecosystem which historically
encompassed over 2.8 million acres of land in South Florida. Adverse impacts to the quality
of the surface water, ground water, and ambient air have occurred as a result of the extensive
agricultural and urban development of the historic Everglades. Because this ecosystem has an
interrelated hydrology that supports numerous competing activities, improved coordination of
all government agencies as well as EPA media offices will be required. Other major policy
objectives include improving the protection of native habitat and biodiversity, reducing ground
water and surface water degradation, improving air quality and toxic emissions, and enhancing
environmental monitoring.
REGION V: GREAT LAKES SEDIMENT REMEDIATION
This initiative is intended to reduce the toxic loading to the Great Lakes and thus supports the
RegionY overall Great Lakes initiative. A regional task force is developing an economical and
environmentally safe method to dispose of contaminated sediments consistent with TSCA,
.JRCRA, and Clean Water Act requirements. Also, a multi-regional task force is developing a
.quality control/quality assurance dredging guidance document for the Corps of Engineers use
* in dredging projects. The PCB program will play a major role as well, because the PCB
contaminated sediment in the rivers and harbors of the Great Lakes Basin is the major source
of PCB loading to the Great Lakes.
REGION VI: MULTI-MEDIA ENFORCEMENT STRATEGY
This strategy is part of a permanent, ongoing change in the Region's approach to enforcing the
various media laws and regulations. To the extent possible, a facility is treated as an integrated
entity in assessing environmental harm, in monitoring compliance, in penalizing noncompliance,
in fashioning remedies, and in making enforcement choices. A Regional Enforcement
Management Council manages this effort, which includes multi-media case screening
procedures, multi-media field inspections, risk screening analyses of the industries to determine
the appropriate remedy, and EPA/state enforcement actions as warranted.
REGION VII: PLATTE RIVER ENFORCEMENT INITIATIVE
Initiated in FY 91, this project is a cross-program effort to protect and enhance the water
quality of the Plane River and its ecosystem. A State/EPA workgroup will identify and
prioritize threats from all sources. Integrated regulation, enforcement, pollution prevention, and
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FY 1992 First Quarter Progress Report Regional initiatives
outreach activities will be used to resolve the most pressing problems,incorporating indicator-
based tracking of water quality improvements. FY 92 efforts will focus on the Lower Plane
River Basin.
REGION VII: BIG SPRING BASIN DEMONSTRATION PROJECT
The Region is working with a consortium of federal, state,and local agencies in Iowa to carry
out this and other agricultural pollution prevention projects in Iowa modeled after Big Spring.
Reductions in fertilizer and pesticide use are being demonstrated as a result of active local
participation.
REGION VII: SMALL COMMUNITY OUTREACH INITIATIVE
Launched in 1987, this initiative is aimed at promoting small community wastewater treatment
self-sufficiency, long-term compliance, and public health through information and technical
assistance. In recent years, the scope of assistance has been expanded to drinking water issues,
wellhead protection, and solid waste and community right-to-know. The outreach effort includes
yearly regional workshops, presentations to a wide variety of audiences, and information booths
at various meetings.
REGION VIII: TITLE II INDIAN GRANTS
With cooperation and financial commitment from a variety of federal, state, and local agencies,
-Regional Construction Grants staff are managing six wastewater treatment projects and
supplying program knowledge and technical expertise to the Tribes during the planning, design,
and construction phases. Coordination with the NPDES staff is maintained and enforcement
action used to encourage Tribal performance. In all cases, the projects identified will remedy
point source pollution problems now in violation of NPDES permit limits, thus improving water
quality and protecting public health.
REGION IX: SAN FRANCISCO BAY/DELTA INITIATIVE
The San Francisco Bay/Delta Estuary, the largest on the west coast of North America, has been
described as the Nation's estuary most impacted by human activities. Two initiatives to be
undertaken by Region IX in FY 92 will address the environmental problems of this area.
Through the agricultural initiative, the Region will work with state and regional water boards
to improve the biological, chemical, and physical integrity of high priority Bay/Delta water
bodies which have been impaired by agricultural practices. Staff will work to promote water
conservation, water use efficiency, and water transfers, especially where clear environmental
benefits are involved. Through the Bay/Delta initiative, the Region will work with the State
of California to develop a balanced, comprehensive plan to restore and maintain fish and
wildlife affected by physical changes in the watershed. A secondary goal is to work with
affected agencies and interest groups to develop a long-term strategy for managing California's
water resources.
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Regional Initiatives FY 1992 First Quarter Progress Report
REGION IX AND VI: UNITED STATES/MEXICO BORDER ACTIVITIES v
Cities along the US/Mexico border have experienced health and environmental problems due
to inadequately treated sewage and industrial waste. In 1983, the US and Mexico signed an
agreement to deal with these problems, and EPA and Me'xico's Secretariat of Urban
Development and Ecology (SEDUE) were named national coordinators of an initiative to solve
the myriad of environmental problems plaguing the border area. Region IX, along with Region
VI, are involved in the development and implementation of the Integrated Border
Environmental Plan (IBEP). The IBEP will contain a number of action plans involving federal,
state, and local entities addressing air pollution, industrial and municipal wastewater, solid waste
disposal, water supply, hazardous wastes, and accidental releases concerns.
REGION X: URBAN PESTICIDE INITIATIVE
This pollution prevention initiative is designed to reduce the risk of pesticides to human health
and the environment in urban settings by preventing the inappropriate, unnecessary, and illegal
releases of pesticides and by ensuring safe application of pesticides when they are necessary.
Goals will be attained by public education and training efforts to promote safe pesticide use and
environmentally sound transport, storage, and disposal of pesticides products and containers.
Five Washington State agencies have agreed to participate in the initiative.
REGION X: COEUR D'ALENE BASIN RESTORATION INITIATIVE
The Coeur D'Alene Watershed contains one of the largest Superfund sites in the Nation. EPA,
v the'Idaho Department of Health and Welfare, other federal, state, local, and tribal agencies,
x and the public (including the mining community) are working together to develop a
comprehensive watershed restoration program. Implementation of the Watershed Management
Plan, expected to take a minimum of seven to ten years, will restore the
recreational/subsistence use of water-related resources in the watershed.
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