&EPA United States Environmental Protection Agency Office of Pesticides and Toxic Substances Washington, DC 20460 September 1980 EPA 560/13-80-037 Toxic Substances Perspectives on State-EPA Grant Activities Toxics Integration Information Series ------- Other Publications in the Toxics Integration Policy Series: State Administrative Models for Toxic Substances Management (July 1980) EPA-560/13-80-018 Other Publications in the Toxics Integration Information Series: EPA Chemical Activities Status Report - 1st Edition (June 1979) EPA-560/13-79-003 Directory of Federal Coordinating groups for Toxic Substances- 1st Edition (June 1979), 2nd Edition (March 1980) - EPA- 560/13-80-008 Perspectives on The Top 50 Production Volume Chemicals (July 1980) EPA-560/13-80-027 Federal Activities in Toxic Substances (May 1980) EPA-560-13-80-015 For Further information, or to order copies, contact: Industry Assistance Office (TS-799) U.S. Environmental Protection Agency 401 M Street, S.W. Washington, D.C. 20460 Toll-free Telephone: 800-424-9065 In Washington, D.C.: 554-1404 ------- EPA 560/13-80-037 Perspectives on State-EPA Grant Activities Helen Ketcham Len Koch Integration Staff September 1980 with the assistance of: Vickie Reed ------- EXECUTIVE SUMMARY EPA requires that States and EPA prepare annual agreements that describe major environmental efforts in conjunction with the EPA grant programs. State/EPA Agreements (SEA's) are intended to be management tools that top managers in both EPA and the States can use to focus attention on priority activities and problems. All EPA programs are to be considered as candidates for coverage in SEA's. The relatively few TSCA Section 28 cooperative agreements are still separate. The Office of Toxics Integration (OTI) is charged with coordinating the management of toxic substances across program and agency lines. Through this role, we hope to avoid duplication of efforts as well as identify gaps in the control of chemicals. OTI wants to extend this integration to include State activities. Thus, we decided to take a comprehensive look at the current relationship between States and EPA, as manifest in the SEA and TSCA Section 28 cooperative agreements. This book contains synopses of the FY 1980 SEA's (available as of 5/15/80), and Round I and II TSCA agreements by Region and State. We have also highlighted some State concerns and trends. More specific information on the SEA process can be found in the Handbook for FY 1981 State/EPA Agreements, or through the Regional SEA Coordinators. As a brief bit of background on SEA's, Appendix 1 includes The Administrator's Guidance on FY '81 SEA's from the EPA Operating Year Guidance. TSCA Section 28 information is available through the Regional Coordinators, or through this office. Appendix 2 reproduces the Federal Register invitations for Section 28 cooperative agreements (both Rounds I and II). We think the compendium will provide useful information to S.tates about each others' activities, encourage program cooperation, and further inter-agency and intergovernmental information exchange about toxic substances management. Walter W. Kovalick, Jr. Director Integration Staff U.S. EPA (TS-777) Washington, B.C. 20460 (202) 755-2778 ------- Table of Contents Highlights and Trends V Region 1 ... 11 Connecticut 13 Maine 15 Massachusetts 16 New Hampshire 19 Rhode Island 21 Vermont 23 Region 2 ... 25 New Jersey 27 New York 28 Puerto Rico 30 Virgin Islands 33 Region 3 ... 35 Delaware 37 District of Columbia 39 Maryland 41 West Virginia 43 Region 4 ... 45 Florida 46 Georgia 49 Kentucky 53 Mississippi 53 North Carolina 54 South Carolina 57 Tennessee 59 Region 5 ... 61 Illinois 63 Indiana 65 Michigan 67 Minnesota 69 Ohio 71 Wisconsin 72 Region 6 ...75 Arkansas 77 Louisiana 79 New Mexico 81 Oklahoma 83 Texas 85 Region 7 ...87 Iowa 89 Kansas 9] Missouri 93 Nebraska 95 ------- Table of Contents (cont'd.) Region 8 ... 97 Colorado 99 Montana 101 North Dakota 103 South Dakota 104 Utah 107 Wyoming 109 Region 9 . . HI Arizona 113 California 115 Guam 117 Hawaii 119 Nevada 121 Region 10 ..123 Alaska 125 Idaho 127 Oregon 129 Washington 131 Appendix 1: Partial EPA Operating Guidance 133 Appendix 2: Federal Register Announcement of 147 TSCA Section 28 Cooperative Agreements ------- Highlights and Trends 1. State activities show a trend towards ^Stmsolidatfon of functional responsibilities across programs. Examples include: one-stop permitting emergency procedures -- enforcement public participation systems testing procedures and quality assurance 2. Where a problem is affected by a variety of authorities, efforts are being made to coordinate responses, and to delegate specific responsibilities to each program. Examples include: -- hazardous wastes response drinking water and underground injection wells sludge management toxic substances problems 3. There is a move towards acknowledging the transboundary aspects of many environmental problems. States work together on the following issues: Issue Forum Ozone Northeast Regional Ozone Commission Water Quality Lake Champlain States Water Quality Integration of US-Canada Water Quality Agreement with several State plans for the Great Lakes 4. Selected State Activities Most States have some activities that address problems unique to their State. We selected the following as either unusual or unique activities that could be of interest to other States: Issue Area Modify inspection system to check for Rhode Island, Kentucky fuel switching Establish an Environmental Policy Virgin Islands Advisory Committee - forum to develop interdepartmental agreements Develop a regulatory and management Virgin Islands system for wastes from pleasure craft in harbors Programs for acid mine drainage problems West Virginia ------- Reconcile legislative, budgetary and Federal grant schedules Establish a means of handling unsewered unincorporated housing area * problems that are a major impediment to operating a clean lakes program Develop a list of large cities to act as Regional laboratories for small satellite communities Study health problems related to formaldehyde vapors emanating from mobile home construction materials Sponsor workshops for teachers, news media, and students to explain technical and legal jargon used in environmental topics and to expose some ethical issues - »^r Develop an Inventory or Registry system for Toxic Chemicals Develop a strategy for significantly increasing the percentage of NPDES permit compliance among municipal POTWs Develop a trend monitoring program for mobile source pollutants Propose a policy requiring all permittees to include in preliminary engineering studies analyses of residual wastes created by each design option, options for disposal, and impacts. Numerous Indiana Ohio Wisconsin Nebraska Maryland, Michigan Virgin Islands, North Carolina Utah Hawaii Indiana ------- U. S. ENVIRONMENTAL PROTECTION AGENCY REGIONAL ORGANIZATION January 1972 ------- REGION 1 CONTACTS SEA George Mollineaux EPA - Region 1 Management Division JFK Federal Building Boston, MA 02203 8-223-4633 TSCA Section 28 Mr. Paul Heffernan Toxic Substances Coordinator EPA Region 1, Pesticide Branch John F. Kennedy Federal Building Boston, MA 02203 (617) 223-0585 FTS: 8-223-0585 11 ------- CONNECTICUT State management assistance training program - assume authority from EPA to administer certain functions associated with the Construction Grants Program. undertake closer cooperation with neighboring states to ensure abatement of pollutants of common interest. coordinate and consolidate laboratory services to increase attention to the analysis of toxic materials. develop and implement the state solid waste management plan develop and adopt a comprehensive landfill siting policy implement the Open Dump Inventory under Section 4005 of the Resource Conservation and Recovery Act (RCRA). develop a coordinated state monitoring program for solid waste disposal areas approve the state hazardous waste regulatory program prevent significant deterioration of air quality emphasize a coordinated overview of the integration of transportation and air quality planning implement a motor vehicles emissions inspection and maintenance program. participate in the Northeast Corridor Regional Ozone Study develop a process for the coordinated review of new sources of all environmental permits assess enforcement of the Safe Drinking Water Act under the existing laws, regulations, guidelines, and agreements establish a program for assessing the relative risks and setting guidelines for acceptable levels of volatile organic substances that have carcinogenic or mutagenic potential when present in drinking water 13 ------- MAINE Under CWA, sections 106, 205(g), 208, 314; CAA, section 105; RCRA, sections 3011, 4008, Maine's Department of Environmental Protection will: - develop a consolidated, coordinated public participation mechanism. study the possibilities for an integrated incentive grants program. develop an acid rain monitoring and analysis program. - study and document ozone violations. develop an open dump inventory, identify mismanaged hazardous waste sites and develop problem mitigation strategy. establish a coordinated groundwater management program. - define State pesticide use enforcement responsibilities, and maintain State plan for applicators certifications. 15 ------- MASSACHUSETTS State Hazardous Waste Program Improve the State's hazardous waste regulatory program and develop a program for the reduction, recycling, treatment, and proper disposal of hazardous waste. State Management Assistance, Construction Grants Management 205(g) Delegation Provide joint overview of the agreement for transferring the muncipal wastewater treatment grant program to the State. Drinking Water Program Management Initiate an intensive joint review of Massachusetts' water supply program as it relates to the goals of the Safe Drinking Water Act. Evaluation of Specific Problems Associated with Drinking Water Systems Undertake a program to better manage public water supply systems, protect the public health, and better advise public water suppliers about existing or potential water supply problems, Sludge/Septage/Solid Waste Relationships Develop a residuals management scheme for sludge, septage, and solid waste that recognizes the interrelationship of these residuals and the institutional contraints that will be needed to resolve in order to effectively manage these materials. Strategy on Inactive Hazardous Waste Sites Develop a program for the identification, evaluation, and ranking of hazardous waste threats that have come about through the improper storage, abandonment and disposal of hazardous waste. Transportation and Air Quality Planning Coordinate air quality and transportation planning, evaluate alternative control strategies, and implement transportation control measures contained in the State Implementation Plan. 16 ------- Municipal Compliance Develop procedures for integrating and coordinating State and Federal resources for solving the complex compliance problems faced by some wastewater treatment plants. 17 ------- NEW HAMPSHIRE develop an Interim Authorization Request Package to conduct a Hazardous Waste Regulatory Program. develop a strategy for mitigating problems associated with hazardous waste sites. coordinate the Water Supply and Pollution Control Commission and the Bureau of Solid Waste for the hazardous waste program. propose an acceptable New Source Review Regulation and PSD plan. develop recommendations for improving timing of Federal grant funding schedule to better coordinate it with State legislative schedules. define New Hampshire's pesticide use enforcement responsibilities for experimental and local use permits. 19 ------- RHODE ISLAND Water Program Management - initiate an intensive joint review of Rhode Island's water supply - conduct water quality studies of the Upper Narragansett Bay. - establish a coordinated permit issuance and review system, with an eye towards developing a one-stop permit program. - develop a coordinated groundwater maintenance program. Hazardous Wastes - develop interim authorization package to conduct a hazardous wastes regulatory program. - develop draft legislation to provide for a contingency fund, or emergency access for program funds, for emergency responses. Air Quality - coordinate air quality planning with transportation planning. - formulate a regional approach to ozone control planning. - review the impact of relaxing sulfur-in-fuel oil regulations on ambient air quality and on PSD increments. - determine the extent of fuel switching and the need to modify the inspection system to check for fuel switching. 21 ------- VERMONT - continue program to solve major water quality problem in St. Alban's Bay. - continue development of wetlands protection program. - revise NPDES system to provide for early identification of new construction requiring permits. Coordination with hazardous waste and solid waste program requirements will be included. - continue development of advanced waste treatment policy. - establish a groundwater management program that coordinates solid waste disposal, hazardous waste control, municipal sludge disposal, underground injection control and safe drinking water programs. - determine feasibility of watershed management to maintain minimum flows for water quality standards and fisheries. - consolidate piecemeal activities applied to Lake Champlain problem. - develop and implement an approvable PSD program by delegation, or through the SIP process. - develop procedure to coordinate construction grant program with open space and recreation provisions, including sensitive agricultural lands and wetlands. - develop an Interim Authorization Request Package to conduct Hazardous Waste Regulatory Program, pursuant to Sec. 3006 (c) of RCRA. - identify, investigate hazardous waste sites, then develop a strategy for mitigation of any associated problems. - continue program to establish authority comparable to Sec. 504 of the CWA for prevention and clean-up of petrochenical material spills. - through MOU with USEPA, define the pesticide use enforcement responsibility for three areas. - determine steps necessary to assume primacy role in administering the SDWA. 23 ------- REGION 2 CONTACTS SEA Michael Bonchonsky EPA - Region 2 Water Division 26 Federal Plaza Room, 1009 New York, N.Y. 10007 8-264-4296 TSCA Section 28 Mr. Ralph Larsen Toxic Substances Coordinator EPA Region 2 26 Federal Plaza New York, N.Y. 10007 (212) 264-1925 25 ------- NEW JERSEY TSCA Section 28 (a) study the movement, distribution and uptake of in-place mercury, (b) conduct an emissions monitoring program for selected toxic substances, (c) assess the ecological effects of contaminants in the waters of New Jersey, (d) establish and operate a Toxic Substances Information Resource Center, and (e) conduct a field application study of In Vitro mutagenesis tests. These five programs and the two funded in the first group of awards will fully supplement New Jersey's existing toxic substances program. (For further information, contact Ms. Jerry Fitzgerald English, Commissioner, New Jersey Department of Environmental Protection at 609/292-2885.) (a) develop a Toxic Substances Investigation and Integration Unit, and (b) expand a current project to monitor volatile organic compounds in air. The former project will create a unit charged with identifying, investigating, and resolving toxic substances problems, and with integrating problem- solving activities across divisional and agency lines. The latter program is to complement a present program for air monitoring for toxic substances with analyses of air samples for a broad spectrum of volatile organics. (For further information, contact Ms. Jerry F. English, Commissioner, Department of Environmental Protection, 609/292-2885. 27 ------- NEW YORK - develop sampling protocol and provide lead-time samples. - develop and validate a practical screening method based on total organic halogen (TOH). - develop and validate a practical screening method based on mutagenic activity. - identify potential toxic substances problem areas in Erie County. - identify potential toxic substances problem areas in Schoharie County. - determine areas in Erie and Schoharie County where TOS's and mutagenic activity are and are not present. - rank problem areas in Erie County. - rank problem areas in Schoharie County. - assess the extent, nature, and impact of the priority problem areas in Erie County - - assess the extent, nature, and impact of the priority problem areas in Schoharie County- - develop management plans for each priority problem area in Erie County. - develop management plans for each priority problem area in Schoharie County. - develop a State-wide program to identify, assess, and manage toxic substances problems. - provide management support and coordination of program. 28 ------- NEW YORK TSCA Section 28 1. Develop a program to identify, characterize, and plan for the management of toxic substances problems. The project will determine optimum procedures for locating sources of toxic substances contamination, defining the nature and extent of the problem, and developing management techniques that will integrate State and local governments' responsibilities in a manner consistent with Federal programs. (For further information, contact Dr. L. Hetling, Department of Environmental Conservation, at 518-457-7472.) 29 ------- PUERTO RICO - assess water quality of streams, coastal areas, groundwater aquifers and reservoirs. Include Commonwealth's approach for solving water quality management problems. - prepare one-year implementation plan detailing water quality management activities for FY 1980. - prepare five-year strategies for: Construction Grants -- NPDES Residuals Water quality management planning Water supply program Water quality enforcement Toxics in water Water monitoring Nonpoint sources (water) 30 ------- PUERTO RICO TSCA Section 28 Grant 1. Develop and manage Puerto Rico's toxic substances management strategy. The project will (a) develop a toxic substances control strategy, (b) develop an inventory of chemical substances in Puerto Rico, (c) establish mechanisms to coordinate toxic substances control efforts mounted by several State agencies, (d) develop priority lists of substances, and (e) expand their existing public participation awareness program. (For further information, contact Mr. Santos Rohena, Jr. of the Environmental Quality Board at 809/725-2062.) 31 ------- VIRGIN ISLANDS - establish a public participation program. - establish an Environmental Policy Advisory Committee to provide a forum for development of interdepartmental agreements. - develop a comprehensive water resources plan for the Virgin Islands. - undertake a health survey to identify possible correlations between illness and potable water supply violations. - investigate and implement short and long-term actions to rectify the incinerator/landfill problems on St. John. - develop legislation to implement user charge system for wastewater and water supply facilities. - evaluate the possibiltiy of one-stop permit consolidation system. - perform inventories of industries discharging toxics. - improve laboratory capabilities by acquiring reliable boats, and conducting organic analysis training for lab personnel. - ensure that toxic monitoring capability is available. - prepare maps, and develop a management and regulatory system to control pollution of on-lot sewage systems. - develop a management and regulatory system for wastes in harbor waters from pleasure craft. - develop and implement coordination review and control actions with respect to new toxic substances sources and growth-related environmental situations. - coordinate health and environmental emergency response systems. - compare Virgin Islands groundwater quality data with EPA and the National Academy of Sciences water supply criteria recommendations. - coordinate all air-related programs, primarily through an island-wide project review and sign-off procedure. - identify a commerce-oriented lead agency for new source permit review, while ensuring information exchange with agencies responsible for attracting new industries. - revise air enforcement and compliance regulations. - attempt to eliminate open burning in landfills. 33 ------- REGION 3 CONTACTS SEA George Pence EPA - Region 3 Curtis Building 6th and Walnut Streets Philadelphia, PA 19106 8-597-3654 TSCA Section 28 Mr. Chuck Sapp Toxic Substances Coordinator EPA Region 3, Pesticide Branch Curtis Building 6th and Walnut Street Philadelaphia, PA 19106 (215) 597-4058 FTS: 8-597-4058 35 ------- DELAWARE detect and control toxic and hazardous substances, with particular emphasis on protection of the public health; abate the discharges of toxic substances from industrial and municipal discharges throughout the State Pollutant Discharge Elimination System (SPDES) permit program, with particular emphasis on establishing pretreatment programs for industrial discharges into municipal systems; protect surface and ground waters used for water supply purposes; identify public water supplies with drinking water standard violations; correct noted violations; identify public water supplies with toxic or organic problems; construct municipal wastewater treatment facilities, particularly through delegation to the State of EPA1s construction grant responsibilities. assess the water quality impact of non-point sources of pollution; formulate programs to implement abatement measures. 37 ------- DISTRICT OF COLUMBIA Water Quality expedite on-going Blue Plains-related construction projects; survey need for pretreatment of industrial wastes; develop and implement both an infiltration and inflow rehabilitation program and a combined sewer overflow control program. coordinate with the Washington Council of Governments' (COG) "208" planning group and the Interstate Commission on the Potomac River Basin. - undertake expeditious action to achieve quality assurance standards at the laboratory in order to provide reliable monitoring data. National Ambient Air Quality Standards (MAAQS) amend existing Inspection and Maintenance legislation to provide full legal authority to implement MAAQS. continue conducting study, through COG, to reassess the total suspended particulate (TSP) problem. establish an air quality monitoring network for measuring lead concentrations. Hazardous Waste - proceed toward full authorization of a Hazardous Waste Management program. Solid Waste conduct an open dump inventory and enforce closures or compliance with erosion criteria. Noise and Toxic Substances Control - develop a noise control program assess degree of toxic substances problem 39 ------- MARYLAND TSCA Section 28 1. Develop a toxic substances registry. The project will expand Maryland's existing inventory to a more comprehensive registry of toxic substances by physical site and quantity, providing information on manufacture, consumption, and disposal. (For further information, contact Dr. Max Eisenberg, Department of Health and Mental Hygiene, at 301-383-2365.) 41 ------- WEST VIRGINIA Major Environmental Issues evaluate acid mine drainage problem through sampling and analysis; develop programs to deal with it ensure that small, individual water supply systems comply with the Safe Drinking Water Act develop a hazardous waste management plan and a strategy for dealing with toxic chemicals continue efforts in working toward full delegation of the Construction Grants Management Assistance 205 (g) program for sewage treatment facilities. explore alternatives for efficient and effective residuals management program to deal with the large number of sewage treatment plants ameliorate persistent manpower shortages due to budgetary and administrative constraints promote understanding of the need and stimulate demand for improved disposal systems and methods through effective public participation Water Quality Management develop a 5-year water quality monitoring plan State Toxics Strategy expand interagency coordination beyond emergency situations and begin to unify approaches to toxic substance issues Water Quality Management Planning coordinate with appropriate State/Federal agencies to develop a statewide assessment of problems in coal-bearing areas expand states silviculture data base Safe Drinking Water Act continue implementation of State interim Primary Drinking Water Regulations Underground Injection Control Plan define functional relationships in areas of overlapping expertise or responsibility 43 ------- 4 CONTACTS SEA Henry Hudson EPA - Region 4 Program Integration & Operations 345 Courtland Street, N.E. Atlanta, GA 30308 8-257-2136 TSCA Section 28 Mr. Ralph Jennings Toxic Substances Coordinator EPA Region 4, Pesticide Branch 345 Courtland Street, N.E. Atlanta, GA 30308 (404) 881-3864 FTS: 8-257-3864 45 ------- FLORIDA develop a schedule by January 1980 to complete full delegation of PSD, NSPS, and HESHAPS programs. obtain legislative authority for obtaining civil, nonconpliance, and nonpayment penalties- develop a regional network for monitoring the cumulative effects of Florida's geographically concentrated injection well disposal system. integrate RCRA and SDWA programs that pertain to groundwater and resolve permitting and regulatory conflicts between the two. - develop procedural rules for implementing the Florida Industrial Siting Act, which consolidates the permitting process. develop a comprehensive ambient monitoring strategy for 208 districts, water districts and local pollution control programs. - develop a comprehensive quality assurance program which can address testing, data handling, report, and management requirements of all Florida's programs. - establish a procedure for integrating the various proqrams which are responsible for aspects of sludge management. - complete monitoring activities, and laboratory certification, and develop uniform guidelines for assuring compliance of public drinking water systems with set standards. supplement analysis of samples for radiochemical content by contract with certified laboratories outside of Florida. develop a management system to use the MSIS more effectively. promote resource recovery through public media and provide assistance to local governments in developing such programs. draft rules and regulations for hazardous waste control and disposal site criteria and conduct open dump inventory. analyze all public participation activities to determine the desirability of 1) centralizing these activities, 2) developing uniform administrative procedures for ou'olic participation, 3) developing new public education efforts, and 4) expanding information efforts. 46 ------- - participate in the National Radiation Program Directors task force. - develop model code for construction on phosphate lands. reconcile legislative, internal budgeting and program grant schedules and processes to enhance the ability to control, adjust and direct funds where needed. - develop a program evaluation system. 47 ------- GEORGIA Water Programs Improve construction grants management, including completion of technical staffing. Survey all streams for which strong Step 1 or Step 2 construction grant justifications do not exist; seek delegation of advanced treatment level reviews. Identify water quality effects of run off in at least one watershed where a high pollution potential exists; review and correct data collection and control programs, as needed. Sample State waters for toxic substances; initiate control actions through NPDES program. Seek and implement "dredge and fill" delegation. Plan and implement pilot project to effectively manage POTW's. Revise MOU to reduce EPA reviews of NPDES permits. Hazardous Waste - Develop State hazardous waste rules and regulations. Apply for authorization to operate State (in lieu of Federal) program. Continue notifying potential generations; provide EPA generator information. Safe Drinking Water - Continue enforcement activities against SDWA violators. Air Quality Management - Implement volatile organic chemicals regulations. Implement Transportation Improvement Element of SIP. - Develop inspection and maintenance program in Atlanta for mobile source enforcement. Public Participation - Seek further public involvement via advisory committee and a full-time position. ------- KENTUCKY Public Participation analyze Department public participation activities; assess federal and state statutory and regulatory requirements. Construction Grants Delegation Agreement apply for State Management Assistance Grant to implement construction grant program. Emergency Response - revise and expand the Spill Response Contingency Plan to permit tinely on-scene decision-making ability to analyze and abate environmental emergencies. Hazardous Waste Management seek, statutory framework necessary to enforce disposal/treatment/storage and permitting activities. HPDES Program - continue to seek phased delegation of permitting and enforcement responsibilities; consolidate dual permits compliance schedules. Non-Hazardous Residual Waste Management Program undertake a three-phase plan Phase I: data base guidelines and regulatory development Phase II: regulatory program development and coordination Phase III: implementation Regional Facility Siting Program - develop and implement a more rational process of power plant siting under existing Environmental Compatibility Statement requirements. Auto Emission Inspection/Maintenance Program prepare a draft bill to give legal authority for mandatory inspection/maintenance program, retention of inspection fees for operating expenses, and provisions for anti-tampering and prevention of fuel-switching. 51 ------- MISSISSIPPI Air Quality Management complete PSD plan; prepare to accept delegation of NSPS and NESHAPS programs. - develop regulations to control volatile organic compounds; submit revision of State Implementation Plan. Noncompliance Penalty Program Revise State authority and regulations to prepare to assume NPP. Water Establish commission to receive grants and design waste water facilities. Negotiate revised MOU with EPA to permit expeditious processing of NPDES permits. Prepare for and accept delegation of State management assistance for Construction Grants Program. Solid Waste Draft State solid waste management plan. Conduct open dump and old chemical dump inventories. Public Water Supplies Begin enforcing SDWA provisions for non-community water supplies. Increase enforcement activities against suppliers who continue to willfully and routinely violate the SDWA. 53 ------- NORTH CAROLINA TSCA Section 28 Identify, assess and control toxic substances in North Carolina. The project will (a) develop a profile of substances produced, used, and accumulated as wastes in the State, (b) assess the human health effects of selected profiled substances, (c) identify sources, level, and durations of human exposure to profiled substances, and (d) develop and begin implementing a plan to control those substances for which adverse effects are judged to exceed benefits. (For further information contact Dr. Quentin W. Lindsey, Science and Public Policy Advisor to the Governor, at 919/733-6501.) 54 ------- NORTH CAROLINA Aut roph i c a t ion prepare quarterly reports evaluating the trophic status of the Chowtin River Permit Program Management evaluate the one-stop permit shop concept to determine its effectiveness and to identify problem areas- Emergency Response develop and document Oil and Hazardous Materials Contingency Plan,- develop interagency agreements required for full implementation. Statewide Monitoring Air: complete development of revision of State Implementation Plan to provide monitoring for air pollutants. - Water: review the water monitoring program and prepare a report by July 1. Construction Grants Management submit program grant for approval and initiate by December 1, 1979. Motor Vehicle Exhaust - design and initiate a public involvement program. Groundwater Quality Management and Protection evaluate existing statutory authority to implement the underground injection control program. Hazardous Waste - evaluate existing regulations and legislation to determine their consistency with RCRA. Solid Waste develop a draft State solid waste management plan and submit to EPA in October 1980. Public Water Supplies implement a comprehensive enforcement program which inlcudes inspections, hearings, orders and legal actions. 55 ------- SOUTH CAROLINA the Department of Health and Environmental Control will participate with EPA in a program-by-program review of delegation agreements. - revise the contingency plan to cover emergency response activities. - place all public participation requirements, other than specific technical program input, under the Office of Environmental Quality Control. water quality protection on Hilton Head Island and expeditious implementation of waste water treatment needs; complete environmental impact statements and assist in the evaluation of waste water treatment needs. submit application for full/interim authorization from EPA to conduct a hazardous waste management program 120 days after final promulgation of RCRA section 3006 regulations. evaluate existing legislation and regulations to determine their adequacy for RCRA implementation. - complete inventory and assessment of unregulated activities and their potential for groundwater contamination as identified in the 208 work plan. combine existing laboratory functions and quality control certification activities. - revise and approve State Implementation Plan. 57 ------- TENNESSEE Air Quality Management submit annual "reasonable further progress" reports to EPA on non-attainment areas by July 1, 1980. attain ambient air quality standards in non-attainment areas within specified time frames as established in the State Implementation Plan, Delegation of Authority develop and adopt regulations to collect non-compliance and non-payment penalties within ninety days after EPA promulgation of regulations Non-hazardous Waste Management evaluate existing regulations and legislation to determine their adequacy for implementation of RCRA Hazardous Waste Management develop and adopt rules and regulations to control hazardous waste by November 1, 1979. Emergency Response establish a committee to develop and coordinate procedures for the Emergency Response Program by October 15, 1979. Hardeman County Landfill the Bureau of Environmental Health Administration will coordinate State, Federal, and private efforts to address, formulate, and implement a resolution to the County landfill problems. State Management Assistance - Construction Grants develop and implement plan for Section 205 (g) Construction Grants Management. 59 ------- REGION 5 CONTACTS SEA Dave Stringham Office of the Administrator EPA - Region 5 230 South Dearborn Street (5RA) Chicago, IL 60604 8-353-3009 TSCA Section 28 Mr. Karl Bremer Toxic substances Coordinator EPA Region 5, Pesticide Branch 230 South Dearborn Street Room 1165 Chicago II. 60604 (312) 353-2291 FTS: 8-886-6002 61 ------- ILLINOIS Hazardous Waste Management - introduce legislation proposing a Hazardous Waste Management Authority which can provide an institutional framework for Illinois hazardous waste disposal program. with Illinois' five multi-media regional coordinators, implement a comprehensive public participation program. - conduct an open dump inventory, and determine which groups should participate in the manifest system. enter into a cooperative agreement with Chicago's Metropolitan Sanitary District to develop one enforcement system against midnight dumpers. - develop groundwater policy and evaluate the pollution threat of open dumps to the ground water supply. Air Pollution meet SIP commitments for an inspection/maintenance system and implementation. pursue developing a contractor-operated inspection and maintenance program. aid the joint House-Senate Committee study of the feasibility and impact of a mandatory emission inspection program. Pretreatment Program and Water Quality complete an industrial survey to,determine which POTW1s will need to implement pretreatment programs. Field Organization and Enforcement through the Field Operations Work Group, assess the feasibility of: - expedition of the decision process on alleged violations. - improvement of multi-media coordination, considering the possibility of multi-media inspections of facilities. - integration of district office technical expertise. Emergency Response Program - improve procedures for coordination with the Emergency Services and Disaster Agency. - pursue approval for a full-time emergency response position. By Feb. 1980 develop an Agency policy that defines the responsibilities of the emergency action group, and those of the different media divisions under emergency conditions. 63 ------- INDIANA - insure full implementation of SIP orocesses. estimate impact of tugitive dust sources on SIP development in secondary nonattainment areas. - secure computer support for hazardous waste management program. draft regulations covering generator, transporter, and hazardous waste management facilities. develop an approvable pretreatment program by December 1979. propose policy requiring all permitees to include in preliminary engineering studies analyses of residual wastes created by each design option, options for disposal, and its impacts. - integrate public participation sequence levels and methods in all environmental programs. coordinate idencification, monitoring, and remedial action procedures under RCRA, SDWA, and CWA for hazardous waste disposal issues. establish mechanisms to carefully evaluate alternative solutions to water pollution and solid waste problems that do jiot adversely affect drinking water sources. provide the means for establishing and monitoring quality assurance for all environmental programs laboratories. develop inter-program cooperation for using data collected on toxic substances. integrate the terms of the U.S. - Canada Water Quality Agreement (1978) on the Great Lakes into state plans and objectives. - establish a means for dealing with unsewered unincorporated housing areas that are a major impediment to effectively operating the Clean Lakes Program. complete waste load allocations in remaining water quality segments and integrate with the outputs into water quality management planning, NPDES permits, and construction grants. 65 ------- MICHIGAN TSCA Section 28 Develop a Critical Materials Program. The project will identify potential toxic substances problems through analysis of data available in Michigan's Critical Materials Reports, Air Priority Chemicals Reports, and other sources of information. (For further information, contact Mr. Richard Powers, Department of Natural Resources, at 517-374-9640.) 67 ------- MINNESOTA Minnesota's Pollution Control Agency and the Department of Health and USEPA selected six highlights and seven cross-cutting issues to be included in this year's agreement. They include plans to: - develop an integrated process for considering residuals generated from pollution control works. - develop a management plan for hazardous wastes, including disposal site information and impacts on groundwater quality. - resolve effluent limits for Metro Waste Control Commission STP- address ways to mitigate problems caused by Federal-State differences in funding schedules. coordinate quality-assured laboratory capabilities for analysis to support all environmental programs. identify programs which support water quality objectives of the U.S. - Canada Water Quality Agreement. - complete waste load allocations and water quality standards revisions. monitor for toxic substances. - coordinate groundwater protection by both State departments as it affects SDWA activities related to drinking water supplies. 69 ------- OHIO develop an agreement with the Public Utilities Commission regarding a manifest system and transportation regulations coordinate the Offices of Emergency Response and of Land Pollution Control as part of the hazardous waste program. study the State's role in hazardous waste facility development. provide technical support, public information and testimony to support the enactment of Inspection/Maintenance program legislation. conduct an Inspection/Maintenance public information and participation program. attempt to obtain State civil penalty authority. incorporate pretreatment program items into construction grants applications and amendments. develop list of large cities to act as regional laboratories for smaller satellite communities. establish and maintain procedures for issuing warnings and detecting violations of the public drinking water program. refer violators of public water and underground injection control programs to a litigation screening committee. improve modelling and analysis techniques to be able to better assess in-stream water quality impacts of urban storm-water runoff. prepare recommendations for interagency handling of groundwater contamination problems from oil and gas well development. develop a "fast-track" list of construction grants priorities, and develop organizational and managerial procedures for effectively distributing grants resources. complete water quality standards, management plans and initiate a waste load allocation strategy. 71 ------- WISCONSIN TSCA Section 28 1. Study health problems related to formaldehyde vapors emanating from mobile construction materials. The project will identify through epidemiological studies, health problems related to formaldehyde vapors emanating from mobile home construction materials. Wisconsin's effort will complement Massachusetts' study of problems related to formaldehyde vapors from insulation materials. 72 ------- WISCONSIN Water Quality Standards and Waste Load Allocations develop a systematic method for establishing water quality standards for all waters, and allocating wastes for full fish and aquatic life water quality limited segments, including the consideration of an economic variance procedure. Sludges develop a management strategy for sludges from publicly owned treatment works, including recycling and/or disposal. Monitoring of toxic substances shall be included in the strategy- Groundwater develop program to protect groundwater, including evaluation of the conditions of the resource, and develop action plans to deal with identified problems. State Implementation Plan establish the rules, commitments and schedules required. Hazardous Waste Siting Legislation develop proposed State legislation which will provide the ability to locate and obtain acceptable hazardous waste sites. 73 ------- RE^lUJN b CONTACTS SEA Ray Lozano EPA - Region 6 Regional Administrator's Office First International Building 1201 Elm Street Dallas, Texas 75270 8-729-2697 TSCA Section 28 Dr. Norman Dyer Chief, Pesticides & Hazardous Materials EPA Region 6, Pesticide Branch 1201 Elm Street Dallas, Texas 75207 (214) 767-2734 FTS: 8-729-2734 Region 6 75 ------- ARKANSAS more cost-effective or resource-conservative environmental control strategies additional protection from the effects of toxic chemicals improve management of hazardous wastes improve protection of areas having high environmental quality improve strategies or increased control efforts in areas where environmental quality has deteriorated below acceptable levels increase opportunities for the public to develop an understanding of environmental issues and to participate in related decision-making processes improve management of air and water resources improve groundwater protection protect public drinking water supplies develop reasonably available solid waste disposal facilities and resolve related problems of litter 77 ------- LOUISIANA - State Agency staff development Expansion of Public Water Supply Supervision Program Initiation of EPA grant-assisted Underground Injection Program - State/EPA Action Program for Investigation of Critical Hazardous/Solid Wastes Disposal problem sites Implementation of "Phase I" 208 Water Quality Management Plan (s) and Initiation of "Phase II" WQM Planning Multi-agency laboratory & sampling Quality Assurance for all EPA-funded programs covered bv FY 1980 SEA Strategy for safe storage, transportation, treatment and disposal of hazardous wastes Expansion of solid waste control program - Increased public participation/education in State's environmental programs - Increased enforcement of existing environmental laws/regulations -Strengthen publicly-owned treatment works construction grants administration program. 79 ------- NEW MEXICO Hazardous Waste Management Investigate hazardous materials incidents. Inspect and conduct surveillance of permitted and non-permitted sites. Train staff in the use of EPA training resources. Water Pollution Control Participate in administering and implementing the conditions of approximately 180 NPDES permits in New Mexico, as stipulated in section 106 (P.L. 95-217) grant agreement. assist EPA in resolving the legal challenge presented by uranium interests regarding the validity of NPDES permits at those facilities. complete the three-year review of the state Water Quality Standards and designate water quality limited segments as required by the Federal Clean Water Act. prepare a priority ranking list for about 60 communities applying for funding for construction of wastewater treatment facilities. Underground Injection Control Inventory class II injection wells. Inventory class I, III and IV wells. Inventory sand backfill wells and study possible approach for inventory of other Class V wells. Review plans and approve permits for injection well applications. Update data processing procedures for the UIC Program. Identify underground sources of drinking water for further designation in the UIC Program. jPublic Participation Develop and issue timely news releases through the public information office on items of current interest. Assist field personnel to develop news releases specific to certain geographical areas. 81 ------- OKLAHOMA develop criteria to respond to problems in the energy field. coal development and utilization petroleum development and utilization energy conservation develop a municipal sludge disposal program develop a state policy for funding of advanced secondary or advanced wastewater treatment facilities provide for environmentally sound disposal of all controlled industrial waste. - define a monitoring network to be coordinated under the programs of CWA, SDWA, and RCRA. develop and implement a controlled industrial (hazardous) waste management program. develop an Urban Stormwater Management Program evaluate nonpoint source management program review and, if necessary, recommend establishing authority to restrain persons causing pollution problems; update Oklahoma contingency plans for responding to such emergencies. prepare a delegation agreement to ensure a smooth transition of authority from EPA to Oklahoma regarding 205 (g) delegation. develop and operate a coordinated system for access to data from all water-related programs. 83 ------- TEXAS develop coordinated State application for full authorization to conduct the hazardous waste management program pursuant to RCRA section 3006. implement control over POTW sludge and solid waste management. the potential impact of surface mining of lignite on surface and ground water will be assessed, and a data base for future control strategy evaluation will be developed. nonpoint source sampling programs will be implemented to evaluate potential for water quality degradation. develop and assess alternative septic tank control strategies in several areas currently complying ^with stream standards but with potential for continued water quality problems. address problem of potentially toxic pollutants from specific sites on surface waters through monitoring programs. develop priority listing of reservoirs requiring restorative action. emphasize enforcement efforts aimed at mismanagement of solid waste disposal. continue to implement the Basic Water Monitoring Program (BWMP), including sampling significant lakes to monitor eutrophic trends. 85 ------- REGION 7 CONTACTS SEA Don Christenson, Director External Affairs EPA - Region 7 324 East 11 Street Kansas City, MO 64106 8-758-3143 (Alt. Gene Ramsey, 8-758-3143) TSCA Section 28 Mr. Wolfgang Brandner Toxic Substances Coordinator EPA Region 7, Pesticide Branch 324 East llth Street Kansas City, MO 64106 (816) 374-6538 FTS: 8-758-6538 Region 7 87 ------- IOWA Priority 1; Emergency Response coordinate agencies and resources responding to toxic and hazardous materials spill incidents. document spill incidents and develop a list of State, local and private resources agencies and individuals that can be useful in counteracting such incidents. Priority 2; Hazardous Waste Management Program consistent with EPA regulations promulgated under subtitle C of RCRA, develop a program to document hazardous wastes, investigate their sources, and approve sites and transportation cooperate with the University of Iowa Institute of Public Affairs for a public involvement program aimed at hazardous waste site development and assurance. Priority 3; Charles City Wastewater discharge and dumpsite attempt to correct the threat to surface and groundwater resources posed by the LaBounty land dump sites through incorporating interim pretreatment requirements into the NPDES permit issued to Charles City, and utilizing matching grants funds pursuant to section 208 of CWA to study additional Salsbury Laboratories disposal problems. Priority 4; Des Moines 208 Areawide Plan review and act on the Central Iowa Regional Association of local governments application for section 208 funds, and provide technical assistance for their planning activities. Priority 5; SIP Revisions adopt selected NSPS and recommend legislation to the National Air Quality Commission to allow for equipment and design standards, and for PSD. conduct compliance evaluations of the stationary sources in nonattainment areas which are listed as being of "unknown" compliance status in our Data system. Priority 6; Water Quality complete at least four intensive surveys to provide additional monitoring data and to measure the effectiveness of NPDES and other corrective action programs. conduct NPDES inspections of 103 major and 300 minor sources. 89 ------- KANSAS Priority 1; Land Runoff (agricultural, urban, septic tanks) modify water quality monitoring programs to obtain additional data on runoff parameters support a program to maintain municipal awareness of urban runoff problems. seek legislation which will require advance resolution of water supply and sewerage system problems in new subdivisions. Priority 2; Hazardous/ Solid and Residual Waste Management develop siting policy, and abandoned and illicit site program. develop resource energy recovery, and land disposal location policies to be included in a Solid Waste Management Plan. Coordinate with water quality planning. conduct a land disposal Inventory. reissue permits in the 21 primary industrial categories, taking into account possible toxic pollutants. Priority 3; Air Quality correct for conditional SIP's by 4/1/80. support the adoption of appropriate legislation to provide the State authority needed to establish State standards for PSD. Priority 4; Wastewater and Water Supply reissue second round municipal and federal facility permits to reflect new levels of treatment specified by 1977 CWA. assist communities on the priority list develop an adequate supply of potable water. since water supply improvements are financed by the beneficiaries, public awareness and education programs will be developed. 91 ------- MISSOURI Priority 1; Emergency Response develop emergency response capability to include communication and laboratory networks, and an interim system by 10/31/79. be able to place a fully equipped response team on-site within 6- 10 hours. Priority 2; Hazardous and Solid Wastes implement a hazardous waste management program by 1/1/80. identify existing problem sites and practices. educate public through technical assistance to communities, and at least four public presentations with visual aids on the "Waste Alert" program. design a computer software package to integrate USEPA and Missouri ADP. upgrade land disposal regulations to Federal Standards. develop a Land Disposal Inventory plan to be included in the State Solid Waste Management plan. Priority 3; Air Quality based upon approved SIP schedule, design and implement a vehicle emmision inspection pilot program. initiate the development of PSD, NPDES, and UESHAPS programs in preparation for the transfer of primary authority for these programs from EPA to Missouri. Priority 4; Water Quality identify nonpoint pollution sources and develop control programs with public participation. identify BMP's for lead and zinc mining by 6/1/80. develop ADP, or adopt MSIS system, to handle water supply data. 93 ------- NEBRASKA Priority 1; Public Participation coordinate public involvement in state environmental programs. sponsor workshops for teachers, news media, and students to explain technical and legal jargon and identify some of the ethical issues in environmental topics. cross-train state staffs with EPA field people. produce, with EPA, a television program on environmental ethics focused on the Long Pine Creek area's water quality. Priority 2; Groundwater Quality initiate project to reduce groundwater levels due to fertilizer use. Priority 3; Emergency Response develop a quick response team for hazardous material problems. establish post-emergency lab support and timely access to toxicological and medical data. develop hazardous waste site discovery and containment program. Priority 4; Hazardous and Solid Wastes develop policies and legislation for resource recovery, and land disposal siting. Priority 5; Air Quality revise SIP to address Omaha and Lincoln non-attainment of NESHAP Standards for particulates and/or carbon monoxide. Priority 6; Water Quality provide continuing operation of the public water system surveillance program of the SWDA. develop a state water pretreatment program that requires industry to remove pollutants before discharge into municipal sewer system. Nebraska also intends to develop sophisticated analytical and monitoring laboratory capabilities to support all the State environmental programs. 95 ------- REGION 8 CONTACTS SEA Joan Barnes, Chief Resources Management Branch EPA - Region 8 1860 Lincoln Street Denver, CO 80203 8-327-3853 TSCA Section 28 Mr. Dean Gillam Toxic Substances Coordinator EPA Region 8, Pesticide Branch 1860 Lincoln Street Denver, CO 80295 (303) 837-3926 FTS: 8-327-3926 Region 8 97 ------- COLORADO Solid Waste and Hazardous Materials Control develop a state-managed, integrated hazardous and toxic wastes control program - ' complete the state solid and hazardous waste control plan Air Quality implement and enforce like provisions of the adopted air quality State Implementation Plan (SIP); revise the SIP as necessary- Emergency Response Programs to respond to emergency incidents that present environmental health hazards will be high priority. Water Quality assume shared responsibility with EPA for management of the Wastewater Facilities Construction Grant Program complete revisions of Water Quality Standards and stream classifications; initiate inclusion of toxic substance standards in water quality standards improve National Pollutant Discharge Elimination System (NPDES) permitting and enforcement capabilities; improve compliance of municipal dischargers with permit requirements update Colorado River salinity control strategy and implement that strategy through the NPDES and 208 programs complete arid implement initial water quality management ("208") plans Public Participation need to develop overall public information and participation process for the State's environmental health programs initial efforts will be made to improve and expand the States environmental program public participation activities. 99 ------- MONTANA Air Carry out State Implementation Plan Compliance and Enforcement- 10 inspections of major sources, assistance on compliance activities, assistance on enforcement actions as needed (EPA) Emergency Episodes- assist in revising plan and putting in telemetry system (EPA) Construction Grant Program implement 205 (g) formalize Montana/EPA office role in administration of program (EPA) Wastewater Discharge Permit Program issue, reissue or modify major permits so that water quality standards, toxic criteria limitations and pretreatments are met; toxic criteria limitations and pretreatment requirements are imposed; residual wastes are handled appropriately; and appropriate effluent limitations and self-monitoring are provided. Water Quality Management Program obtain EPA approval of the Statewide 208 plan (WQB) continue needs assessment to provide an adequate inventory of the quality of the waters of the State and to define problem areas continue to implement the aricultural nonpoint sources program through the use of Conservation District 208 agreements, coordination, contracts and agreements with agricultural organizations and agencies, and public education Safe Drinking Water Program Implementation provide additional personnel assistance Solid Waste and Hazardous Material develop and implement hazardous waste program open dump inventory develop and implement regulatory program develop state solid waste plans Toxic Substances participate in identifying and developing integrated strategies for specific toxic chemical programs (EPA) identify and take corrective action to solve asbestos problems (EPA) 101 ------- NORTH DAKOTA Multi-Media develop an environmental emergency response and enforcement program related to oil spills, air, hazardous substances, radiation, and toxic substances. develop a comprehensive public information/participation program which meets the requirements of all programs covered under the SEA. Solid Waste/Toxics develop programs and strategies sufficient for Federal requirements to control hazardous waste and toxic substances. Water assume delegation of Clean Water Act 205 (g) program. develop Clean Water Act 208 program, including strengthening and expanding the implementation of the statewide 208 plan. review and revise the North Dakota Water Quality Standards. Air implement and enforce the adopted State Implementation Plan, including the New Source Review Program. - develop and implement an Air Quality Monitoring Plan that meets Federal requirements, including revising the State Implementation Plan to provide for an Air Quality Surveillance System. identify Western North Dakota environmental problems associated with energy development. Noise develop a program to establish local community noise control programs in the cities in accordance with the Quiet Communities Act of 1978. 103 ------- SOUTH DAKOTA Office of Water Quality continue to manage Federal Construction Grants Program to plan, design, and construct municipal wastewater treatment facilities. continue Operation and Maintenance inspections and provide technical assistance to wastewater facilities evaluations. conduct compliance monitoring inspections of wastewater facilities, draft or help draft all minor NPDES permits; provide technical assistance to EPA for drafting major State NPDES permits. assume administration of the NPDES Permit Program and Pretreatrnent Program in the State. step up identification of agricultural pollution sources, particularly feedlots, and work: with SCS and ASCS to reduce this pollution. - develop non-point source pollution control programs: Rural Clean Water Program, Agricultural Conservation Program special projects, and other conservation projects. Solid Waste Management Activities Hazardous Wastes - develop State application for interim EPA authorization, including full authorization plan, during FY 80. identify serious hazardous waste problems in the State. non-Hazardous Wastes - conduct inventory of municipal, industrial, agricultural and mining waste disposal sites. - develop State solid waste management plan. Air Quality Activities implement the State Implementation Plan (SIP) for air quality; non- attainment areas. obtain necessary resources and begin implementation of Prevention of Significant Deterioration Program. prepare SIP revisions for lead emissions. 104 ------- Office of Water Hygiene - assume administration of underground injection control program. assume primacy enforcement of the Federal Safe Drinking Water Act. Pesticides/Toxics Activities - develop integrated toxic substances strategies for a comprehensive and coordinated approach by all agencies with jurisdiction over environmental or health problems caused by toxic substances. 105 ------- UTAH - complete and implement the State Implementation Plan (SIP) and revisions. complete non-attainment area SIP revision (including inspection and maintenance) and implement plan upon adoption. develop SIP for prevention of significant deterioration of air quality- Obtain interim delegation of authority to administer the New Source Review Program under EPA's rules until the Utah SIP is submitted and approved. develop and implement SIP for lead. « develop SIP for monitoring programs and for assessing and collecting non-compliance penalties by January 1, 1980 or subsequent date approved by EPA. develop and implement Hazardous Waste Management Program. - interim authorization for administering subtitle C of RCRA. prepare solid waste management plan, including a continuation of the land disposal inventory. achieve primacy enforcement responsibility under the Federal Safe Drinking Water Act; increase compliance of water supply systems. - achieve delegation of management of the Construction Grants program to Utah and complete drafting of functional subagreements. - update initial nondesignated 208 plan and implement 208 plan reccommendations, especially with regard to nonpoint source control. achieve delegation of the NPDES discharge permit program to Utah. update and implement Colorado River salinity strategy. increase assistance to local communities in upgrading operation and maintenance of municipal sewerage facilities. achieve primacy delegation of the underground injection control program. develop and implement a comprehensive environmental public information/participation program. assess the extent and reasons (on a plant-by-plant basis) for municipal POTW's not complying with interim and final NPDES effluent limits. Develop and implement, in cooperation with the Regional Office, a strategy that will significantly increase the percent of permit compliance (present and future) among municipal POTW's. 107 ------- WYOMING implement Delegation Agreement for the Construction Grant Program. develop and implement section 208 Water Quality Management adopt and implement Colorado River salinity strategy. develop an integrated State hazardous waste control program that will meet Federal requirements. conduct solid waste facilities and pits, ponds and lagoons inventory. implement a. comprehensive public information/participation program for activities covered under the SEA. implement revised State Implementation Plan for air. develop and submit to EPA a State Air Monitoring Plan. 109 ------- REGION 9 CONTACTS SEA Frank Covington, Director Water Division EPA - Region 9 215 Fremont Street San Francisco, CA 94105 8-556-0893 (Alt. Catherine Kuhlman, Walter Division) 8-556-7554 TSCA Section 28 Mr. Kirby Narcisse Toxic Substances Coordinator EPA Region 9, Pesticide Branch 215 Fremont Street San Francisco, CA 94105 (415) 556-4606 FTS: 8-556-4606 Region 9 111 ------- ARIZONA Air Quality continue program management and coordination regarding the implementation of the 1979 State Implementation Plan revisions submit state regulations for copper smelters to provide for Ultimate Emission Limits to attain National Ambient Air Quality Standards (NAAQS) provide for the implementation of the PSD program in cooperation with local governments for TSP and SO2 provide for the implementation and consultation to local agencies in the establishment of new NAMS and SLAMS for ambient monitoring. Pesticides define necessary actions to enable Arizona to obtain primacy enforcement authority for Federal Insecticides, Fungicide, and Rodenticide Act. Solid and Hazardous Waste Management select and develop a hazardous waste disposal site and establish procedures and criteria for future sites. survey and assess imminent hazards which may be created as a result of improper waste disposal practices. perform an open dump inventory (municipal disposal sites are high priority). prepare waste management studies, identify responsibilities for solid waste management, and develop regulatory mechanisms required to implement a solid waste disposal program. develop and implement an emergency response plan for hazardous waste spills and disposal incidents consistent with the overall plan developed pursuant to section 504 of the CWA. Water Quality maintain 1979 level of activity in basic program areas such as plan review, inspections enforcement, water quality data collection and analysis, operator certification and data management. implement significant sections of the Water Quality Management Plan. continue to administer interim NPDES. implement applicable portions of an industrial pretreatment program. 113 ------- CALIFORNIA EPA and the State will direct resources to programs which will impact management of toxic substances. The State Water Resources Control Board (SWRCB) will reconsider acceptance of the underground injection control program study and evaluation. The Department of Health Services (DOHS) shall seek authorization to regulate the source, movement, and fate of hazardous wastes under the RCRA. - The SWRCB, DOHS, and the Solid Waste Management Board (SWMB) wilJ complete their Memorandum of Understanding which establishes a cooperative inter-agency solid and hazardous waste control program. The Air Resources Board (ARB) will review the MOU and consider entering into the Agreement. EPA will finalize procedures for its consolidated permitting regulations, and work with the State to assure EPA involvement in early stages of permit application review. The SWMB/DOHS/SWRCB/ARB/EPA will evaluate the recommendations of existing sludge management studies in terms of exploring new alternatives for solids management and disposal, i.e., Los Angeles/Orange County Metropolitan Area Project, the San Francisco Bay Region Wastewater Solids Study, and the Sacramento Sewage Sludge Management Program. DOHS will continue to develop and implement a public information program to disseminate information about hazardous waste management. SWRCB/DOHS/SWMB/Regional Water Quality Control Boards, in conjunction with Regional Planning Agencies, will work together for future site development. DOHS (with regard to hazardous wastes) and SWMB (with regard to used oil) will expand their recovery and recycling programs and investigate options to conserve landfill capacity. The RWQCBs/DOHS/SWRCB/ARB will work with the Office of Emergency Services to ensure that the State has authority and contingency plans comparable to that required by Federal regulations, and will coordinate emergency response activities. EPA will maintain its emergency response team and coordinate activities and data with the State. 115 ------- GUAM implement primacy enforcement responsibility as defined in SDWA. a "lens dynamic study" will be initiated to better define the Northern Groundwater system. - assume a management role over the construction of appropriate sewage facilities. - prepare comprehensive territorial plan, classify and assess hazardous waste disposal problems, and coordinate an open dump inventory with the Surface Impoundment Assessment. - improve the operation and maintenance of sewage and drinking water facilities. - public participation and education programs will be developed to outline Guam's environmental quality management programs. 117 ------- HAWAII continue implementing integrated environmental management program. update and revise the State Continuing Planning Process as necessary when the State adopts revised water quality standards. implement the construction grants program (including operator training provisions) to assure that each county effectively manages its wastewater facilities program. - pursue substantial delegation of the construction grants program as defined in Section 205 (g) of the Clean water Act. - give special consideration to reducing wastewater flow and to recycling and beneficially using wastewater effluents and sludges. - increase emphasis on monitoring and control of toxic and/or hazardous materials. continue program to protect underground water resources and public health through controls on those factors affecting groundwater quality. continue program to implement the provisions of the Clean Water Act. develop a trend monitoring program for mobile source pollutants. revise the State Implementation Plan for sulfur dioxide. enforce regulatory requirements associated with environmental protection programs (air, land, water) continue to implement primacy enforcement responsibility for the Safe Drinking Water Program. 119 ------- NEVADA Environmental Management delegate high priority EPA programs to the State increase integrated planning and program coordination develop population projections for use in planning programs develop detailed emergency response plan. Water Quality undertake intensive survey and analysis of the Las Vegas Wash/Las Vegas Bay, Carson River, and Truchee River areas develop a detailed proposal for delegation of Construction Grants Management (205g) implement non-point source pollution control measures - develop appropriate enforcement action to address sources of salt loading into the Colorado River. Water Supply continue effort to assess the potential for groundwater degradation. identify potential impacts of wastewater treatment on water supplies. Air revise and further develop "non-attainment area" plans (NAPs) develop regulations for new source review in non-attainment areas and attainment areas establish an improved statewide monitoring network. Solid/Hazardous Waste develop state hazardous waste management program identify and assess problem sites for potential imminent hazards identify and develop a strategy to set priorities for site classifications establish a task force to coordinate efforts for management of waste with special features. 121 ------- REGION 10 CONTACTS SEA Nora McGee Resources Management Branch EPA - Region 10 1200 6th Avenue Seattle, Washington 98101 8-399-1250 TSCA Section 28 Mr. Jim Everts Toxic Substances Coordinator EPA Region 10, Pesticides Branch Seattle, Washington 98101 (206) 442-1090 FTS: 8-399-5562 Region 10 123 ------- ALASKA Safe Drinking Water Program complete monitoring, research, and analysis activities complete surface impoundment assessment revise State Drinking Mater Regulations administer and process new grants for water system construction projects. Water Pollution Control Program complete monitoring, research, and analysis update priority listing water quality data needs complete, adopt and have certified by the Governor the initial Phase Water Quality Management Plan for non-point pollution sources review and begin revising the Alaska Water Quality Standards develop NPDES general permit system. Clean Air Program continue to develop appropriate transportation control efforts submit a finalized program and regulations to carry out the Prevention of Significant Deterioration and New Source Performance Standards requirements of new stationary sources summarize all ambient air monitoring data in an annual air quality report . Resource Conservation and Recovery inventory and evaluate all solid waste disposal sites establish and conduct a monitoring and surveillance program. 125 ------- IDAHO Urban Areas Priority 1 develop intenrated strategy for Ada County (Boise area) with emphasis on Carbon monoxide standard violations -- Septic tank effluent degrading ground waters -- Solid waste (need new site witnin 3 years) -- Storm water runoff (water quality, erosion) Priority 2 develop integrated strategy for Kootenai County (Spokane area) with emphasis on _ T> Septic tank pollution of aquifer Inadequate sludge disposal Carbon monoxide standard violations Inadequate toxic waste disposal Toxic chemical storage Inadequate waste treatment Coordination of groundwater monitoring Control of urban runoff Statewide Priority 1 sludge disposal surface and qroundwater pollution from pits, ponds, lagoons develop program re disposal, storage, use of toxics containers -^" -- develop 20-year population projections Priority 2 integrate State/EPA environmental monitoring 127 ------- OREGON SEA management and performance evaluation Responding to environmental emergencies Integration of toxic wastes programs Air programs Complete SIP revisions in Portland, Salem, Medford, Springfield State provisions for New Source reviews Source compliance in Portland, etc. Statewide air monitoring network Resolve SIP provisions for field burning Solid Waste/Hazardous Materials Interim RCRA State program authorization Assessment of abandoned disposal sites, corrective activities Statewide inventory of "open dumps"; programs for upgrade or closure Water Quality Implement WQ Management program (assessment and problem solving process) Manage local groundwater, urban runoff projects Agricultural nonpoint source strategy, control Delegations for construction grants programs Compliance of major dischargers with waste discharge permits Drinking Water Compliance with safe drinking water microbiological criteria Reestablish State DW protection programs 129 ------- WASHINGTON Water Quality Management Program implement completed Section 208 plans. These plans will be refined as necessary. nonpoint sources DOE will monitor implementation activities and will hold a meeting in the spring to review the implementation process in each area. point sources most construction grant functions will be delegated. State Solid and Hazardous Waste Management Program priority areas: hazardous waste management, open dump inventory, development of the state Solid Waste Management Plan State Drinking Water Protection Program the Department of Social and Health Services (DSHS) will continue funding water system improvements Program Coordination Water supply The Department of Environment (DOE) and DSHS will coordinate closely on any new water supply projects as they may relate to future municipal and industrial water supply on-site waste disposal DSHS work with DOE and local health departments to delineate the division of review responsibilities for larger subsurface disposal systems. ground water quality management ensure the non-duplication of DOE and DSHS efforts and the coordination of agency objectives and activities. municipal and industrial wastewater management DOE and DSHS will continue to jointly review engineering reports and plans for wastewater facilities plants for public health- related concerns solid waste management DOE will work with DSHS to complete statewide sludge management, utilization and disposal guidelines, using EPA criteria, when established, as a basis. hazardous waste management DOE's water quality and solid waste programs will work together to avoid duplication during the development of the inventories, and to ensure information integration. 131 ------- Appendix 1 Partial EPA Operating Guidance: The Administrator's Guidance on FY 1981 State-EPA Agreements 133 ------- ADFllNTSTRATDR'S GUIDANCE TO FT 1931 STATE/EPA AGREEMENTS' INTRODUCTION State/EPA Agreements (SEAs) are intended to be key management tools which top managers in both EPA and the States can use to focus attention on priority activities and problems. Each Assistant Administrator has, in the appropriate section of this Guidance package, identified both program priorities and SEA priorities for Fiscal Year 1981. These SEA priorities should be used to guide the negotiation of the FY. 1981 SEAs with a goal of maximizing the use of available resources to solve environ- mental problems. This section of the Operating Year Guidance for FY 1981 provides direction for development of FY 1981 SEAs. It includes a concise state- ment of the roles and responsibilities of Headquarters, the Regions and the States in the SEA process. It defines the activities which occur in the development of SEAs, sets forth a suggested schedule for SEA develop- ment, and defines the essential elements of the SEA. The Guidance also discusses the role of tracking and public involvement in the SEA process. It covers both required and- suggested activities for SE,A development and is based on the actual experience of States and Regions with FY 79 and 80 Agreements"* and the recommendations of the Administrator's Committee on State/EPA Agreements.*** More detailed information, including examples of innovative or successful approaches to SEA development, will be included in the FY 1981 SEA Handbook which will be available by March 1980. ^Reprinted from EPA Operating Year Guidance for Fiscal Year 1981. **See October 1979 Annual Report: State/EPA Agreements. ***Convened by the Administrator in November 1979, to discuss SEA develop- ment and recommend future direction. 135 ------- SEA AS A MANAGEMENT TOOL Based on past experience, the consensus is that SEAs should be strengthened as a management tool by: 9 Including all EPA programs as candidates for coverage in SEAs e Focusing SEAs on priority issues, with particular emphasis on addressing problems across program lines % Making the negotiation and implementation of SEAs a top level, personal priority of Regional Administrators « Using SEA priorities to "drive" program grant activities t Tracking specific State and EPA commitments. ROLES AND RESPONSIBILITIES In delineating Federal and State roles in the Safe Drinking Water Act (SDWA), Resource Conservation and Recovery Act (RCRA), Clean Water Act (CWA), Clean Air Act, and other environmental legislation, Congress clearly expected a Federal/State partnership. The State/EPA Agreement process should make that .partnership real by encouraging States and Regional Offices to negotiate their priorities in order to maximize, the use of available resources. EPA Headquarters' role in SEA development includes the following: Setting national priorities » Developing regulations and guidelines to implement environ- mental legislation Providing grant funds s Developing program guidance « Developing methods to consolidate and streamline overall paperwork 9 Providing a forum for information exchange Reviewing SEAs and assessing operation of SEA process. EPA Regional Offices and the States are the most active participants in the negotiation and implementation of State/ EPA Agreements. EPA Regional Offices have responsibilities for the following: 136 ------- Identifying and assessing Regiona.1 environmental problems Identifying opportunities to integrate resources and activities to solve environmental problems Providing States with program guidance consistent with the Agency Operating Year Guidance Consulting with appropriate Assistant Administrators .before negotiating SEAs which conflict with major national program priorities as stated in the Agency Operating Year Guidance Negotiating SEA priorities and work plans with States Streamlining the SEA process and consolidating paperwork where possible t Assisting States with public participation Identifying and implementing EPA commitments in SEAs Evaluating SEA progress and tracking commitments to assure that they are met. The State, as recipient of Federal grant funds, is responsible for complying with applicable Federal laws and regulations. THe SEA offers States the opportunity to negotiate, with EPA, the priorities within their annual grant work plans, as well as the cross-cutting issues that call for the application of time and resources across program lines (e.g., hazardous waste sites). State responsibilities include: Identifying and negotiating SEA priorities with the Regional Office Identifying opportunities to integrate resources and activities to solve environmental problems Developing grant work plans based on SEA negotiations and integrating them where possible Conducting public involvement activities (notices, public hearings, workshops) Implementing SEA commitments and grant work plans Evaluating SEA progress and tracking commitments to ensure that they are met. 137 ------- Although the States and EPA have primary responsibility for negotiat- ing the Agreements, participation of the public and other governmental agencies is important to the negotiation and execution of the Agreements. EPA and the States should, therefore, work closely with the public and with appropriate interstate agencies and regional and local agencies in developing the Agreements. SEA REGIONAL AND STATE ORGANIZATIONAL MODELS Because FY 1-985 S£As included three or more environmental programs, many Regions and States found it advantageous to assign SEA coordinating responsibility to specific organizational units.* Regardless of the organizational model used by the Region it is clear that support of the Regional Administrator and other top managers, along with active, con- tinuous involvement by the program offices enhance the quality and utility of the Agreement. Program offices should be involved in negotiat- ing the Agreements to ensure that the SEA priorities are effectively implemented through the grant work plans. State arrangements for SEA development vary, but in general they can be grouped into two types. In one, negotiations are conducted by a single environmental agency that has responsibility for all of the programs included in the SEA. In the other, two or more State agencies individually conduct negotiations for the program grant area(s) for which they are responsible and become co-signers of the SEA. This is frequently accompanied by. an "umbrella" Agreement with the Governor. Methods of organizing and negotiating Agreements are less important than the character of the negotiations themselves. The State/EPA Agreement must be a truly bilateral agreement. Both EPA and the States must be willing to commit themselves to specific activities (in addition to the award of grant funds). SEA DEVELOPMENT Process The State and EPA should begin development of the Agreement as early as possible each year (see Schedule, next page). Generally, the SEA process should include the following broadly defined activities: Assessment of environmental problems and existing strategies Identification of priority problems o Identification of available resources a Negotiation of SEA priorities 'EDITOR S riOTE: For more information about SEA regional and State organi- zational models, see Annual Report,. October 1979. 138 ------- Assessment and selection of alternative problem-solving approaches Assignment of tasks, schedules, funding and responsible parties Implementation of signed Agreement, including the award of grants Periodic evaluations of SEA outputs and annual revision. In planning for the FY 81 SEAs, both Headquarters and the Regions should make a concerted effort to streamline the SEA process by consolidating planning activities and related paperwork where possible. FY 81 SEA Schedule The following is a suggested schedule for FY 1981 SEA development. It is similar to several Regional schedules and provides a general calendar for SEA activities.* MONTH 1979 October November December ACTIVITY Award FY 80 grants Assess FY 80 SEA process and identify needed improvements National HQ/Regional/SEA Coordinators Meeting Initiate review of FY 80 SEAs to determine strengths and weak- nesses Prepare FY 81 SEA schedules and "scope of work" Review environmental problem assessments RESPONSIBLE PARTY* Regions HQ/Regions HQs HQs/Regions/States Regions/States Regions/States *It is recognized that this schedule will vary slightly from Region-to- Region. **HQ - EPA Headquarters Region - EPA Regional Offices States - Appropriate State Offices 139 ------- MONTH ACTIVITY RESPONSIBLE PARTY** February March April May June July August Begin FY 81 SEA priorities plan- Regions/States ning Review draft National SEA Guidance Regions/States/locals Issue final Agency Operating Gui- HQs dance which includes guidance for SEA development Prioritize problems based on prob- Regions/States lem assessments and available multi-year strategies Prepare program priorities for SEA negotiation based on Agency Operating Guidance Begin SEA priority negotiations Issue public notice re: SEA development Public meetings/workshops/ques- tionnaires for SEA priorities Mid-year review of FY 80 SEA Complete SEA negotiations for draft FY 81 SEA Regions Regions/States Regions and/or States States/Regions/locals Regions/States Regions/States Distribute FY 81 SEA draft for Regions/States review Prepare summaries for public Solicit public comments on SEA draft Regions or States Regions and/or States Final SEA negotiations Complete FY 81 SEA, reflecting public comments Prepare public responsiveness summaries and distribute as appropriate September Sign FY 81 SEAs Regions/States Regions/States Regions/States Regions/States The SEA negotiators should coordinate their schedules with those of existing EPA program grants. State planning and budget cycles should be considered to the extent possible. Generally, this means that the draft SEA should be completed by June 1 of each year. Following final negotiations, review, and public input, the final agreement should be submitted to the Regional Administrator and State signator(s) in September of each year. 140 ------- Format and Content of the State/EPA Agreement The key to SEA success is flexibility and accommodation of individual State environmental problems and resource capabilities. Keeping this in mind, the Regions and the States have flexibility regarding SEA formats. The term "format" refers to how an SEA is packaged; that is, how priorities, work plans, grants, summaries, signature pages, and the like are included or appended. Regardless of what format is used, the Agreement should deal with a manageable number of priorities and should be streamlined so that it is useful to top EPA and State managers, The Agreements should, however, have some uniformity of content to enhance their use as management tools. With this in mind, FY 81 Agreements should include the following: An executive summary (if the SEA is longer than 25 pages) t A clear identification of priority problems based on problem assessments and multi-year strategies, where feasible (an example of a multi-year strategy format is shown in Figure 1) Annual grant work plans, which may be appended A documentation of tasks and resources needed to meet SEA priority commitments (an example of a format for documentation of resources is shown in Figure 2) A description of public involvement A procedure for management tracking. SEA Tracking A general criticism of the FY 80 SEAs by both States and EPA is that many-commitments in the Agreement are so loosely worded that tracking progress (verification of specific, measured steps toward the stated objectives) is difficult. To help improve SEA tracking, several Regions have suggested the following ideas: (1) tying major SEA commitments to managers' performance agreements;(2) giving each program office a check list of SEA tasks and output dates for which it is responsible (this should assist in tracking commitments at all management levels); (3) using the SEAs as the basis for State/EPA mid-year reviews where commit- ments by EPA and the State are evaluated; and (4) assigning State and Regional project officers to each priority. Clearly, as in all aspects of the SEA process, top management must support SEA implementation and evaluation. Where commitments are not met, the Regions and States must take needed corrective actions. 141 ------- FIGURE 1 -- SAMPLE MULTI-YEAR STRATEGY FORMAT MULTI-YEAR AIR QUALITY STRATEGY (Stationary Source Control)* SCHEDULE .PROGRAM OBJECTIVES Reduce pollution levels caused by stationary sources. 'Prevent violations of air quality standards TASKS Task No. Task No. Task No. Task Mo. Task No. 1 2 3 4 5 RESPONSIBLE AGENCY State EPA State EPA State RESOURCES Y X T U V i i i i i i i i i i i i i i i i i i I i 1 1980 1 1981 1 1§82 1 19U3 1 1984 1 i 3/80 3/01 6/80 9/02 | | 9/80 2/82 i | 4/80 3/04 1 19»5 1 9/80 6/0!) *Actual air strategy format used by State of Alaska for FY 80 SEA. ------- FIGURE 2 -- DOCUMENTATION OF RESOURCES USED TO MEET SEA PRIORITY COMMITMENTS PRIORITY ISSUE: Develop Emergency Response Program* REGION XII STATE: Xanadu ACTIVITY MILESTONES FY 80 RESOURCES WORK YEARS _ijLjOOO___ PROGRAM/AMT STATE FEDERAL RESPONSIBLE AGENCY(s) 'Prepare predictive analysis study to forecast spills in the follow- ing areas: oil, hazardous wastes and toxics substances. 'Develop emergency response plan. 'Respond to spills in accordance with plan (estimate 10 major spills in FY 1981). 'Provide information and technical assistance to States on spill protection program. 10/80-2/81 10/80-5/81 on-going 10/80-9/81 CWA-106/30 CWA-106/30 CWA-106/70 RCRA-3011/40 SDWA-1443a/40 TOTALS State: Dept of Environmental Quality EPA: Surveillance and Analysis Division State: Dept of Environmental Qualit State: Dept of Environmental Qualit Dept of Health EPA: Surveillance and Analysis Div ision Enforcement Division *Exarnple adapted from approach used in Region VIII FY 1980 SEAs. ------- PUBLIC INVOLVEMENT IN THE STATE/EPA AGREEMENT PROCESS The States and EPA have principal responsibility for negotiating the Agreements; however, the involvement of the public and other interested parties is important to the development and implementation of the SEA. Federal regulations require EPA and the States to (1) notify the public about the goals and scope of the Agreement; (2) provide information to help people participate in the Agreement process; and (3) schedule ample opportunities for participation. Specific procedural requirements for -public involvement, including those for public meetings or hearings, are contained in the public participation regulations (40 CFR 25). In addition to the general public, EPA and the States should work closely with regional planning and implementing agencies, as well as interstate agencies and local governments to agree on cooperative strategies, priorities, and responsibilities. The FY 1981 SEA Handbook* will contain detailed suggestions on how to improve public involvement, including the use of target groups, regional and interstate agencies, and consolidation of public participation RELATIONSHIP OF SEAS TO OTHER PLANNING AND MANAGEMENT ACTIVITIES* The following information briefly outlines how the State/EPA Agree- ment process can complement other planning and management activities. It has been added to the preceding Administrator's Guidance in response to comments received from States and Regions asking how SEAs fit into the planning process. Regional, State and EPA Headquarters' managers are learning that the SEA process can neither be viewed as separate from nor exclusive of other management oriented activities, including: environmental assessments, program strategies, program evaluations, employee performance agreements, accountability reports and the budget. The SEA is inextricably tied to all these activities. The SEA is a product of a process which requires the assessment and identification of priority problems, identification of available resources, negotiation of priorities and assignment of tasks and responsibilities. *See pages 18-20. ^EDITOR'S NOTE: This section is an addendum to the official SEA Guidance. 144 ------- o Problem Assessment and Multi-Year Strategies Currently, several problem assessment activities are being undertaken by the Regions and States. These include open dump inventories, surface impoundment assessments, 305(b) water quality reports, water quality management needs assessments, and environ- mental quality profiles. Some Regions are attempting to consolidate existing problem assessment and reporting requirements. For example, Region X is currently developing a plan, with assistance from the States, to consolidate the assessment requirements of the 305(b) report and the Region's own State-fay-State environmental assessments known as Environmental Profiles. This information will be used as the basis for establishing priorities in the Agreements. Several programs require or encourage development of multi-year strategies which indicate policy direction over a 3- to 5-year period. Such strategies can provide needed funding information and thus eliminate activities like the water quality management needs assessment. Some Regions have required multi-year strategies for all their programs. The SEA negotiated priorities should be based on problem assess- ments, such as those mentioned above, and on evaluation of the previous year's SEA outputs. Where there are existing strategies which articulate specific goals and objectives, they should also be used to provide input to the SEA negotiation process. If there are no strategies, the SEA should drive their development. Zero Based Budgeting (ZBB) Through the ZBB process, national priorities and resources have already been assigned for FY 1981. We recognize that this does place bounds on the negotiation of current priorities. Over time, however, the SEA will provide the opportunity to have a meaningful impact on the ZBB process. Through the use of environmental assessments and multi-year strategies in the SEA process, the Regions and States can assist in pinpointing priority environmental problems and identifying future resource needs. 145 ------- ADMINISTRATOR'S COMMITTEE ON STATE/EPA AGREEMENTS' CHAIR: Saul Rosoff, Associate Assistant Administrator for Management Reform Office of Planning and Management MEMBERS: Gerald A. Bryan, Director Program and Management Operations Office of Enforcement Toby Clark, Acting Associate Assistant Administrator for Pesticides and Toxics Substances L. Edwin Coate, Deputy Regional Administrator Region X Roy Gamse, Deputy Assistant Administrator for Planning and Evaluation Office of Planning and Management Mary Doyle, Associate General Counsel for Grants and Contracts General Administration Division Rebecca Hanmer, Deputy Regional Administrator Region I Merna Hurd, Director Water Planning Division Office of Water and Waste Management Fran Phillips, Assistant Regional Administrator Region VI James N. Smith, Associate Assistant Administrator for Water and Waste Management Edward F. Tuerk, Director Program Management Operations Office of Air, Noise and- Radiation 'Convened in November 1979, this committee made recommendations to the Administrator regarding SEA development which are reflected in this Guidance. ------- Appendix 2 Federal Register Announcement of TSCA Section 28 Cooperative Agreements 147 ------- Monday February 11, 1980 Part V Environmental Protection Agency Pesticides and Toxic Substances; Availability of Funds for Cooperative Agreements With States ------- 9248 Federal Register / Vol. 45, No. 29 / Monday, February 11, 1980 / Notices ENVIRONMENTAL PROTECTION AGENCY [OPTS-280003; FRL 1410-5] Pesticides and Toxic Substances; Availability of Funds for Cooperative Agreements With States AGENCY: Environmental Protection Agency. ACTION: Notice of availability of funds for cooperative agreements with States. SUMMARY: EPA announces the availability of funds for a limited number of toxic substances control cooperative agreements during fiscal year 1980. Such funds will be awarded to States for the establishment and operation of projects leading to the prevention or elimination within the States of unreasonable risks to health or the environment which are associated with a chemical substance or mixture and with respect to which the Administrator is unable or is not likely to take action for their prevention or elimination under the Toxic Substances Control Act (TSCA). EFFECTIVE DATE: February 11, 1980. FOR FURTHER INFORMATION CONTACT: John B. Ritch, Jr., Director, Industry Assistance Office (TS-799), Office of Pesticides and Toxic Substances, EPA, 401 M Street, S.W., Washington, D.C. 20460. In Washington, D.C., phone: (202) 554-1404. The toll-free telephone number is 800-424-9065. SUPPLEMENTARY INFORMATION: Applicants will be eligible for funding only if a priority need is demonstrated, as determined under Office of Pesticides and Toxic Substances guidelines (see below). Eligibility for funding will, in part, be based upon: the seriousness of the human health effects in a State which are associated with chemical substances or mixtures, including cancer, birth defects, and gene mutations; the extent of the exposure in a State of human beings and the environment to chemical substances and mixtures; and the extent to which chemical substances and mixtures are manufactured, processed, distributed, used, and disposed of in a State. Other factors, such as long-term impact, tranferability to other States, likelihood of project success, and potential benefit compared to cost will also be considered. These cooperative agreements will be subject to the provisions of EPA's general grant regulations (40 CFR Part 30) and to special conditions to be set forth in each agreement signed by the Governor of a State or his duly authorized representative and EPA. Federal assistance will be awarded only once under the present TSCA authorization to each approved applicant. A total of approximately $1.25 million is expected to be available in fiscal year 1980 to fund these cooperative agreements. The State's matching contribution must be at least 25 percent of the total cost of the program. Information regarding application submission, evaluation criteria, and other pertinent requirements are contained in the document "Office of Pesticides and Toxic Substances Guidelines for State Agencies To Use in Submitting Applications for Financial Assistance for State Toxic Substances Control Projects," set forth below. Applications must be submitted to the Environmental Protection Agency, Grants Administration Division (PM- 216), Washington, D.C. 20460, by May 12,1980 in order to be considered eligible for award. A copy of the application should be sent to the appropriate EPA Regional Office. Dated: January 30, 1980. Steven D. Jellinek, Assistant Administrator for Pesticides and Toxic Substances. OFFICE OF PESTICIDES AND TOXIC SUBSTANCES Guidelines for State Agencies To Use in Submitting Applications for Financial Assistance for State Toxic Substances Control Projects /. Purpose The Office of Pesticides and Toxic Substances (OPTS), under authority of TSCA, will implement a program of financial assistance to states during fiscal year 1980 (FY 80) in the form of cooperative agreements to enable selected States to develop and implement projects to prevent or eliminate unreasonable environmental and health hazards posed by toxic substances. These unreasonable hazards must be of a kind which EPA is unable or not likely to control under TSCA. //. Eligibility To be eligible for award of funds under the toxic substances control cooperative agreement program, a State must meet the following criteria (listed in order of importance). A. Need. An applicant must establish a priority "need" based upon evidence of the occurrence or likely occurrence of serious human health effects, including cancer, birth defects, or gene mutation, which are known to be or suspected of being associated with human exposure to chemical substances or mixtures arising from the manufacture, processing, distribution, use and disposal of such substances or mixtures in the State. Because of the imprecise nature of the data, it is not possible to rank States numerically. Instead, group categories will be established on the basis of apparent need. States demonstrating the greatest need will be given highest priority; those whose demonstrated need is somewhat less will be given a lower priority. B. Legislative authority. A State must have enacted enabling legislation that empowers it to conduct specific activities proposed for the cooperative agreement. In some cases, such legislation may specifically address itself to control of toxic substances. In other cases, legislation may be phrased in more general terms, dealing, for example, with the preservation of public health. The application should, in any event, cite the relevant provisions in State law and regulation. C. Program in place. State organizations or legislation needed to achieve the intended results should exist and be functioning. The application must identify the agency or agencies of the State which will establish or operate, or both, the project(s) for which the application is submitted. D. Actions proposed and priorities. The application must describe in detail the actions proposed to be taken under such project(s), in accordance with these guidelines, and must state the priority for each action. The likelihood of success in implementing the project along proposed lines and the project's potential benefit compared to cost must be demonstrated. E. Long-term impact. The application must establish the potential for long- term beneficial impact on human health and the environment of developing and implementing a toxic substances control program. If a State can demonstrate a potential for transferability of its techniques and approaches to other States, this will be given additional favorable consideration. "Transferability" here denotes the possibility that other States could utilize for their own benefit innovative and/or effective techniques and approaches for better controlling potential hazards to human health and the environment developed as a result of a cooperative agreement between a State and EPA. F. Project coordination. The application must contain satisfactory assurances that such projects will be coordinated with other projects of the State government for environmental for ------- Federal Register / Vol. 45, No. 29 / Monday, February 11, 1980 / Notices 9249 environmental and public health protection. G. Public Participation. Applicants are encouraged to involve the public in proposal development, EPA-funded activities, and strategic and regulatory decision-making. H. OMB Circular A-95. Applicants must comply with all applicable requirements of Office of Management and Budget (OMB) Circular No. A-95 under 40 CFR 30.305. I. Reports. The application must provide for preparing a comprehensive annual progress report which evaluates the progress of the project. ///. Program Activities Included in a Toxic Substances Control Cooperative Agreement The applicant must demonstrate his plans for solving or alleviating human health and environmental problems associated with toxic substances and mixtures and with respect to which the Administrator is unable or unlikely to take action under TSCA. For example, if exposure to a chemical substance is limited to a particular geographic area, or if action at the State level is more appropriate than Federal action, EPA would-be less likely to act. If a question arises with an applicant as to whether "EPA is likely to take action against such problems, the applicant should contact OPTS as indicated below for advice. Cooperative agreement funds shall not be used for pay for clean-up costs or for compensation in payment of damages suffered as a result of a toxic substances problem. Rather, applicants should stress the development of innovative and/or effective techniques for control of toxic substances, as well as new sources of information on problems caused by toxic substances and steps which might be taken to solve or alleviate them. In reviewing applications for cooperative agreements, EPA will, as indicated above, be examining the potential transferability to other States of the techniques and approaches to be developed as a result of the agreements. Applications must include a statement, signed by the Governor or his duly authorized representative, concerning State plans for continuation of the program activities beyond the period of Federal funding. No additional funding in support of this program beyond fiscal year 1980 will be made available to States without new congressional authorization. Cooperative agreement program funds may be used to pay salaries and other benefits for persons gathering data, making rules, monitoring, performing analyses, or managing functions related to cooperative agreement activities, and to reimburse personnel travel and per diem expenses that are directly atttributable to the performance of such activities. Program funds may also be used for such costs as purchasing supplies and equipment, including laboratory equipment for monitoring and testing purposes, when these supplies and equipment are an integral part of the funded project. The application should specify the amounts and purposes of the above costs to be charged to the project. In order to provide additional guidance, listed below are brief summaries of awards made to date. 1. Maryland: $230,935 to develop a toxic substances registry. The project will expand Maryland's existing inventory to a more comprehensive registry of toxic substances by physical site and quantity, providing information on manufacture, consumption, and disposal. 2. Michigan: $504,500 to develop a Critical Materials Program. The project will identify potential toxic substances problems through analysis of data available in Michigan's Critical Materials Reports, Air Priority Chemicals Reports, and other sources of information. 3. New Jersey: $453,947 to (a) develop a Toxic Substances Investigation and Integration Unit, and (b) expand a current project to monitor volatile organic compounds in air. The former project will create a unit charged with identifying, investigating, and resolving toxic substances problems,-and with integrating problem-solving activities across divisional and agency lines. The latter program is to complement a present program for air monitoring for toxic substances with analyses of air samples for a broad spectrum of volatile organics. 4. New York: $348,000 to develop a program to identify, characterize, and plan for the management of toxic substances problems. The project will determine optimum procedures for locating sources of toxic substances contamination, defining the nature and extent of the problem, and developing management techniques that will integrate State and local governments' responsibilities in a manner consistent with Federal programs. 5. Wisconsin: $202,847 to study health problems related to formaldehyde vapors emanating from mobile home construction materials. The project will identify, through epidemiological studies, health problems related to formaldehyde vapors emanating from mobile home construction materials. Wisconsin's effort will complement a Massachusetts study of problems related to formaldehyde vapors from insulation materials. For further guidance and for assistance in proposal development, States are encouraged to contact their EPA Regional Toxic Substances Coordinator, (listed below) Mr. Robert Dangel, Toxic Substances Coordinator, EPA Region I, Pesticide Branch, John F. Kennedy Federal Building. Boston, Massachusetts 02203 (61?) 223- 0585. Mr. Wolfgang Brandner. Toxic Substances Coordinator. EPA Region VII, Pesticide Branch, 324 East llth Street, Kansas City. Missouri 04106 (816) 374-3036. Mr. Mike Bonchonsky, Toxic Substances Coordinator, EPA Region II, 26 Federal Plaza. New York. New York 10007 (212) 264-4296. Mr. Chuck Sapp. Toxic Substances Coordinator, EPA Region III, Pesticide Branch, Curtis Building, 6th & Walnut Street, Philadelphia. Pennsylvania 19106 (215) 597-4058. Mr. Ralph Jennings, Toxic Substances Coordinator, EPA Region IV, Pesticide Branch, 345 Courtland Street, NE, Atlanta, Georgia 30308 (404) 881-3864. Mr. Karl Bremer, Toxic Substances Coordinator, EPA Region V, Pesticide Branch, 230 South Dearborn Street, Room 1165, Chicago. Illinois 60604 (312) 353-2291. Mr. Dean Gillarn, Toxic Substances Coordinator, EPA Region VIII, Pesticide Branch, 1860 Lincoln Street, Denver, Colorado 80295 (303) 837-3926. Mr. Kirby Narcisse, Toxic Substances Coordinator, EPA Region IX, Pesticide Branch, 215 Fremont Street, San Francisco. California 94105 (415) 556-4606. Mr. Jim Everts, Toxic Substances Coordinator, EPA Region X, Pesticide Branch, 1200 6th Avenue, Seattle, Washington 96101 (206) 442-1090. Dr. Norman Dyer, Chief, Pesticides and Hazardous Materials. EPA Region VI, Pesticide Branch, First International Building, 1201 Elm Street. Dallas. Texas 75207 (214) 767-2734. IV. Program Period In planning their project(s), applicants should bear in mind that cooperative agreement funds do not have to be disbursed in their entirety within fiscal year 1980. However, EPA expects that all such funds will be disbursed within a three-year period following award of the cooperative agreement, with the understanding that the awards will not be repeated under the present TSCA authorization. V. Cost Sharing The States shall provide at least 25 percent of the approved project costs. The State's share may be reflected in allowable direct or indirect costs. ------- 9250 Federal Register / Vol. 45, No. 29 / Monday, February 11,1980 / Notices VI. Submissions of Applications Applications for Federal assistance may be submitted by State agency(ies) responsible for State activities in the toxic substances control area. States interested in receiving toxic substances control cooperative agreements should submit EPA Form 5700-33, Application for Federal Assistance, to the Environmental Protection Agency, Grants Administration Division (PM- 216), 401 M Street SW., Washington, D.C. 20460, by May 12,1980 in order to be considered eligible for award. The application should be entitled "Toxic Substances Cooperative Agreement". A copy of the application should be sent to the appropriate EPA Regional Office. States submitting applications after this date may jeopardize their chances of receiving toxic substances control cooperative agreement funds. VII. EPA Actions on Applications A review panel will be constituted at EPA Headquarters with Regional Office representation. This panel will initially review all applications submitted by May 12,1980, and will make a final recommendation as to which States will receive awards within 120 days following the submission deadline; the final decision by the Assistant Administrator for Pesticides and Toxic Substances will be made within 30 days following receipt of the panel's recommendations. It is anticipated that the number of cooperative agreements to be funded under this program will be between 3 and 5. Except in unusual circumstances, the amount of each cooperative agreement is expected to be between $50,000 and $500,000. Funding will be based strictly on merit as determined in accordance with the eligibility criteria as set forth above. Awards will be transmitted to States within 45 days following final determination. The awards will be made by EPA Headquarters. However, the Regional Administrator or his designee will serve as Project Officer for the administration of the cooperative agreement and will be responsible for overseeing State performance. Further information concerning toxic substances control cooperative agreements may be obtained by contracting the appropriate EPA Regional Office or the Office of Pesticides and Toxic Substances (PTS- 793), EPA, 401 M Street, SW., Washington, D.C. 20460. The OPTS contact is Bob Janney, telephone 202- 426-1800. |FR Doc. KM321 Filed 2-8-80; 8:45 am] BILLING CODE 6560-01-M U.S. GOVERNMENT PRINTING OFFICE: 1980 341-085/4606 ------- |