QEGION II
FY-93 STRATEGIC PLAN
BRINGING RISK INTO FOCUS
FEBRUARY 1991
Printed i>n Hxycfod Pa^xr
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Table of Contents
Executive Summary 5
The Regional Comparative Risk Workgroup 12
The Risk Ranking Process 12
The Ecological, Human Health and Welfare Rankings 13
Incorporating the Rankings into the Strategic Planning Process 16
Senior Management Retreats 16
Initial Development of Proposals 17
Cross-Divisional Workgroups 18
The Current Relationship Between Resources and the Rankings 19
Current On-going Regional Initiatives 26
Regional Strategic Investment Themes 28
Regional Strategic Disinvestment Themes 31
Environmental Indicators 32
Future Directions for Strategic Planning 33
APPENDIX A , 35
. MULTI-MEDIA AQUIFER PROTECTION PROJECT 37
. MULTI-MEDIA RISK REDUCTION IN THE GREAT LAKES .... 45
. THE CARIBBEAN WATER INITIATIVE 53
. COASTAL WATERS INITIATIVE 79
. TRANSPORTATION AND AIR EMISSIONS INITIATIVE 85
. SUBSURFACE HAZARDOUS WASTE TRANSPORT
SYSTEMS RELEASES 93
' Printed on Recycled Paper
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?t»ion II - TT-93
Stnitju Plan
. ACTIVE HAZARDOUS WASTE GENERATORS AND
TREATMENT, STORAGE AND DISPOSAL FACILITIES 99
GROUNDWATER TASK FORCE 107
NON-NPL SITE MULTI-MEDIA ENFORCEMENT 113
. REDUCING RISK OF TOXIC RELEASES AND IDENTIFYING
HAZARDOUS FACILITIES ON A GEOGRAPHIC BASIS ... 119
Appendix B - Summary of Investments and Disinvestments 125
Appendix C - Current Regional Initiatives 141
Appendix D 153
FEDERAL FACILITIES PROGRAM 155
INDIAN PROGRAM 161
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Etjion II - "
Executive Summary
For over a year, Region II has been engaged, in an innovative, region-wide
planning enterprise. This process began with a comparative risk assessment
of Jw^nJyJ!s^vejri_ejQYJro^ of
ecological, Jiumanjiealth and welfare/economic risk. The information
"generated in this analysis was the primary basis for developing ten strategic
planning initiatives which propose to shift regional resources in ways that
will improve the Region's ability to reduce risk. The goal, in cooperation
with Headquarters, is to seek to incorporate these proposals into the
Agency's FY-93 budget.
The following report describes the process used to evaluate risk (which is
Region " report), the
process used to develop strategic initiatives, and the future steps that will
be taken in the strategic planning process. Also included in this report are
four appendices:
Appendix A contains detailed explanation? Df each proposal, including
the problems being addressed, the goals, strategies and activities to
be undertaken to solve them and the resource implications for FY-
93.
Appendix B presents in matrix form the investments and
disinvestments for each regional initiative.
Appendix C lists a number of Regional Initiatives which represent
current shifts in regional resources to address regional priorities.
Appendix D comprises background papers on the Region's Federal
Facilities and Indian Coordination programs which map out the
Region's strategies in these two important areas.
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Region II r»-93
Strztejxc Plan
Listed below are summaries of the Region's strategic initiatives for FY-93.
The Multi-Media Aquifer Protection Project undertakes to reduce the
human health threat posed by contaminated drinking water. This will
be accomplished by prioritizing and targeting sole source aquifers in
geographic areas of greatest human health risk and resource
vulnerability and then remediating and/or protecting these aquifers.
A multi-media approach will be taken involving groundwater, air,
Super-fund, RCRA, UST and pesticides programs. In FY-93, a
redirection of 9.7 workyears and $15.4 million in contractor support
(primarily for one Superfund remediation) will be needed. The
workyear disinvestment will be taken from the Wellhead Protection
Program, and shifting UIC/PWS program resources to implement the
project. The air, RCRA and UST disinvestment will be available from
lesser priority enforcement/corrective actions and reduction of state
oversight. Superfund and pesticides input will involve work already
planned.
The Multi-Media Project for Risk Reduction in the Great Lakes seeks
to reduce the bioac^umulation of persistent toxic substances in the
food web. The strategy involves continued updating of the Niagara
River and Lake Ontario Toxics Management Plans, the multi-media
implementation of those plans and the development of analogous
Toxics Management Plans for Lake Erie and the St. Lawrence River.
A redirection of 18.5 Region II workyears will be required to support
this initiative. The disinvestment will come from core program areas
on a cross divisional basis. Full implementation will also require 5.5
additional workyears which, if not received as an increase to the
base, would mean a cutback in proposed activities.
The Caribbean Water initiative will attempt to reduce habitat
alteration and prevent pollution caused by wastewater discharge and
development practices, and to improve drinking water quality in the
Caribbean. There are four modules to this initiative:
The distinctive habitats strategy seeks to reduce habitat
alteration and destruction, particularly human impacts on coral
reefs, mangroves, seagrass beds, and phosphorescent bays.
The first phase of the strategy will be to assess the condition of
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legion II - ri-9?
Stnttglc flan
these distinctive habitats, prioritize them and select some for a
Pollution Prevention and Control Pilot Project. Concurrently,
Region II will identify local and federal organizations, roles,
resources and initiatives pertaining to the management and
protection of these ecosystems. The information gathered will
be used to develop an integrated environmental management
plan to prevent pollution in pristine habitats. To implement
these strategies in FY-93, 2.5 workyears will be invested. The
disinvestment will come from CWA 301 (h) post waiver
monitoring and 403(c) reviews, monitoring activities in New
York/New Jersey and realized efficiencies in the review of
Environmental Assessments in New York and New Jersey.
The PRASA (Puerto Rico Aqueduct and Sewer Authority)
strategy is to maintain a strong enforcement program while
empowering PRASA, the Puerto Rico Environmental Quality
Board (EQB), and the Department of Health (DOH) to address
compliance and infrastructure problems at wastewater treatment
plants and drinking v\ ater systems. Four workyears would be
invested in this strategy. Existing resources identified for grants
management, permits, enforcement and drinking water will be
focused on this geographic project. There will also be a shift of
some construction grants resources to permits and/or
enforcement with a corresponding lowering of OWAS
commitments.
For the Virgin Islands, the Region will strengthen its
enforcement against non-complying municipal wastewater
discharges, and will seek additional funding from Congress to
construct or improve all wastewater facilities necessary to attain
Clean Water Act compliance. Two workyears will be invested
in this strategy and the disinvestment will come from the same
program areas as the PRASA strategy.
The fourth module of this initiative will focus on small public
water supply systems in both Puerto Rico (e.g., non-PRASA
systems) and the Virgin Islands. In Puerto Rico a combination
of vigorous enforcement and assistance to systems not requiring
major capital investment will begin. A longer term effort will
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Region II - fT-93
Strategic Plan
be made to develop rural water authorities both legislatively
and in terms of capital investments. In the Virgin Islands, the
Region will conduct research into the microbiological
contamination and treatment of rainwater roof-top catchments.
Based on the research, regulations will be developed governing
these catchments systems. Investments include 3 Regional
workyears and an additional .25 workyears from Headquarters
for the development of the rainwater roof-top catchment
regulations. The disinvestment will come from de-emphasis of
the areas of direct Federal enforcement against non-transient
public water systems in New jersey, data verification and
working with local communities/NGOs to facilitate
implementation of SDWA in New York (e.g., mobilization).
The Coastal Waters Initiative addresses point and non-point source
pollution, land-use changes, and combined sewer overflows in four
Regional water bodies, each of which has a different area of highest
risk that will be focused on. Comprehensive Conservation and
Management Plans (CCMP) to clean up ti;ese systems are current!/
being developed. The successful implementation of these plans
requires focused, multi-program efforts in our coastal waters. A total
of 16 workyears will be invested to support the initiative. Six
workyears will come from core activities: (i.e., workyears already
targeted to the initiative) - 2.5 from the New York Bight Restoration
Plan, 1.5 from the Long Island Sound Study, 1 from the Delaware
Estuary Program and 1 from the Near Coastal Water program; 7.5
workyears will come from a shift in construction grants resources and
geographic targeting of permitting/enforcement resources; 1.5
workyears will come from Ocean Dumping Ban Act and non-point
source inter-agency activities, and 1.0 workyear of ocean resources
will be targeted for community outreach.
The Transportation and Air Emissions Initiative seeks a reduction of
high risk mobile source emissions through three pollution prevention
strategies: the enhancement of state motor vehicle inspection and
maintenance (I/M) programs, the implementation of transportation
control measures and the substitution of cleaner fuels for gasoline
and diesel fuel. A total of 5 workyears are necessary to implement
these strategies in FY-93. Disinvestment of 3.0 workyears will occur
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Eejion II - FY-93
5ir*ltglc Plan
in the following areas: federal and state regulation development,
NSR/PSD program, state toxics program development, and support
and development of computer systems. The Region expects to
receive the additional 2.0 workyears in. FY-93 for implementation of
the new Clean Air Act requirements.
The Subsurface Hazardous Waste Transport Systems Releases
Initiative seeks to i educe or eliminate risk from industrial subsurface
toxic releases and to remediate the contamination of soil and
groundwater occurring from such subsurface conveyance systems.
The strategy involves the identification and prioritization of facilities
whose subsurface conveyance systems are releasing hazardous waste.
The stabilization and remediation of high priority sites will be pursued
through corrective action and, where appropriate, will include
pollution prevention requirements. To implement this strategy in FY-
93, Region II will shift 3.2 workyears from areas such as Land Ban
Warning Letter issuance, Non-TCLP Generators, state oversight
inspections, and lower priority corrective actions.
The Active Hazardous Waste Generators and Treatment. Storage, and
Disposal (TSDs) Facilities Initiative endeavors to reduce the risk posed
by RCRA facilities to human health and the environment from
exposure to contaminated groundwater and subsurface water, soil,
and air releases. A two-pronged strategy has been established. For
TSDs, the un-permitted universe will be prioritized based on each
facility's risk to the environment, and permitting will proceed based
on the ranking. For hazardous waste generators, the strategy is to
promote/require waste minimization procedures at targeted facilities.
To implement this strategy in FY-93, 1 workyear currently used for
RFAs will be shifted to prioritizing TSDs. For generators, 2 workyears
will be invested. The disinvestment will come from decreased
oversight of certain state activities (e.g., storage permits).
The Ground Water Task Force Initiative seeks to reduce the risk
posed by the migration of groundwater contaminant plumes at
Superfund sites from the time a site is listed on the NPL until
remediation begins. A task force will be formed which will identify
and prioritize NPL sites for early groundwater action, develop
feasibility studies for those sites and insure that plume clean-up
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10
egion II FT-93
Slratejic flan
becomes part of the ROD for the sites. An investment of 4 to 5
workyears will be required for the task force; each clean-up action
will require $50,000-$100,000 for feasibility studies and $1 to $2
million for remediation. The disinvestment will involve some delay of
a small number of RI/FS or ROD reviews and redirecting technical
support workyears.
The Non-NPL Site Multi-Media Enforcement Initiative endeavors to
reduce the risk posed by non-NPL sites at which the Region was able
to make an imminent and substantial endangerment determination
(along with a strong liability case against the PRP). This proposal
would include an investment of approximately 3 workyears and
$450,000 in extramural funds for contractor oversight of PRPs. The
disinvestment would come from the Region's NPL activities. The
extramural dollars would be disinvested from NPL enforcement.
Reducing Risks of Toxic Releases and Identifying Hazardous Facilities
on a Geographic Basis seeks to intensify civil and criminal
enforcement against companies that abandon hazardous chemicals
and to identify and take enforcement action against a geographically
targeted universe of potential candidates for future removal actions.
Three workyears and $50,000 in contractor funds will be needed for
these activities in FY-93. Disinvestment will come from a slight
reduction in the overall number of removals and a refocusing of legal
resources now devoted to other Superfund efforts. The proposal will
be expanded in scope should Headquarters promulgate the CERCLA
§108 financial responsibility regulations.
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Eejion II - rY-5.
The Region II
FY-93
Strategic Plan
Bringing Risk Into Focus
"EPA should target its environmental protection efforts on
the basis of opportunities for the greatest risk reduction.*
The Environmental Protection Agency has begun to make risk the common
currency of the environmental trade. With an ever-expanding
environmental agenda, risk assessments can provide the technical bases to
accomplish cross-media priority setting. Building on the 1987 Unfinished
Business study and on the creation of the Science Advisory Board's Relative
Risk Reduction Strategies Committee, in January of 1990, EPA Region II
undertook an assessment of the comparative risk associated with the most
pressing regional environmental concerns. The results of this assessment
have formed the foundation of Region ll's strategic planning effort.
Described below is the process implemented by the Region to identify high
risk concerns, and to translate that information into an exceptions-based
strategic plan for FY-93. At all steps along the path from risk-ranking
through development of strategic approaches to reducing risk, the Region
has assured a multi-divisional, cross-program planning structure. Region M's
senior managers, line managers and technical, scientific and program staff
have all contributed to this strategic planning effort.
TTiis and the following quotes are among the recommendations made by the Science Advisory
Board in their recent report entitled Reducing Risk: Setting Priorities and Strategies for Environmental
Protection.
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II ri-93
Sliitejlc Man
The Regional Comparative Risk Workgroup.
The Comparative Risk Workgroup comprised approximately 20 regional
employees. Members of the workgroup had diverse academic and
occupational backgrounds and possessed a wide range of scientific,
engineering, managerial and administrative experience. The workgroup was
composed of branch chiefs, section chiefs and senior staff from each
division in the Region.
The workgroup convened on a weekly or bi-weekly basis over a period of
approximately eight months. When necessary, sub-committees were
formed to address specific issues, and regional employees of appropriate
backgrounds, including some not on the workgroup, were tapped for
further input. During this eight-month period the workgroup utilized over
four workyears and $70,000 of contractor support. The final Region II Risk
Ranking report was issued in February 1991, and its results are being
widely communicated both within and outside the Region.
The Risk Ranking Process.
The first task facing the newly-formed workgroup was the division of the
full range of environmental problems that the Region faces into discrete
proWem- areas. The group decided on an approach that resulted in
discrete categories, rather than double-counting some effects. Since
problem areas were non-overlapping, Region II did not have distinct
categories for drinking water or groundwater. Instead, sources of drinking
water and groundwater contamination, like non-point sources, RCRA and
Superfund, were ranked. Also the workgroup decided to rank sources
only, rather than mixing sources and pollutants on the problem area list.
Therefore, separate categories for carbon dioxide or air toxics were not
ranked but point, mobile and area air pollution sources were. Some
sources unique to Region II were also included in the assessment:
wastewood burning, ocean disposal of sludge, and dredging and dredge
spoils disposal. The full list of ranked problem areas is presented on page
With problem areas defined, two key assumptions were necessary prior to
ranking. First, the workgroup focused as much as possible on residual risk.
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Etuion II - FT-93
Strat«ic Plan
In other words, no attempt was made to evaluate the level of risk that
would exist without past and current environmental protection efforts and
no attempt was made to evaluate the effects of past or present efforts on
the current level of risk. The workgroup ranked the levels of risk that exist
today. Second, when projections about future efforts were required, it was
assumed that the current levels of environmental protection would continue
at the same levels in future years. No assumptions were made about
changes in environmental legislation or funding levels.
With the problem list and ranking assumptions defined, regional workgroup
members prepared nearly all of the individual problem analyses which
formed the basis for judging relative risk levels. A small number of
analyses for problems that differ very little from region to region (e.g.,
chlorofluorocarbon depletion of the ozone layer or pesticides in food) were
prepared by Headquarters. After cross-divisional review, comment and
revision of problem analyses, workgroup members met to develop a draft
ranking. Whenever possible ranking was achieved through consensus,
falling back on a simple majority vote when necessary.
Senior managers (i.e., the^Regional Administrator, Depuiy Regional
Administrator and Division and Deputy Division Directors) met with the
comparative risk workgroup in full sessions on three occasions. They met
once when the initial processes of the comparative risk project were being
developed; a second time, before the ranking meetings, to review problem
area analyses. The final meeting reviewed the rankings and resulted in
unanimous approval of the results.
The Ecological, Human Health and Welfare Rankings.
Region II undertook the ranking of problem areas for three types of effects:
ecological, human health and welfare. A few problem areas (e.g., radon
for ecological effects or land use changes for human health effects) were
not ranked on one of the three scales because they had no direct impacts
on that type of risk. Problem areas Were ranked on each scale by placing
them into low, medium, high and very high risk categories.
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legion II - FT-93
Suiiegic Plan
Ecological
The ecological ranking identifies the effects of pollution sources on the
overall vitality of the many ecosystems in Region II. Consideration was
given to a source's intensity of impact, the scale of impact, the biological
value of the ecosystem (as opposed to the value to humans) and the
uncertainty of the data available. A full ranking is provided on pages 20
and 21; a partial listing of the highest ranking problems on the ecological
scale is provided below.
Very High High
Land use changes affecting Pesticide contamination during application
aquatic habitats Point source discharges to water
Land use changes affecting Chlorofluorocarbon depletion of the
terrestrial habitats the ozone layer.
Extra-regional acid Combined sewer overflow
deposition
Non-point source water
pollution
Human Health
The human health ranking is actually a combination of two rankings that
were undertaken separately: cancer and non-cancer human health effects.
The cancer effects were analyzed using four common steps of risk
assessment: hazard identification, dose-response, exposure assessment
and risk characterization. The projected cancer incidence was compared
across all problem areas and the workgroup used these figures to develop
the cancer ranking. The non-cancer ranking employed a scoring system
concentrating on three variables: type of health impacts, population
affected and the severity of the impact on the population. Scores were
used as a guide to ranking. The two rankings were combined while
disallowing downward shifts of more than one level (i.e., a problem ranking
very high on one scale could not shift two levels down to medium overall).
The combined health ranking is presented on pages 22 and 23, a partial
listing is below.
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Kejion II
Strttigic PUB
Very High
Chlorofluorocarbon depletion
of the ozone layer
Radon
Indoor air pollution
Mobile sources of air
pollution
High
Area sources of air pollution
Superfund sites
RCRA sites
Non-point source water pollution
Pesticide residues in food
Point sources of air pollution
Drinking water systems
Economics/Welfare
*
Along with EPA's mandate to protect human health and ecosystems is a
concern about reducing the negative effects of pollution on the welfare and
economic well-being of society. Therefore, the region also prepared an
economics/welfare effects ranking. This ranking was based on a tabulation
of the damages incurred as a result of each problem area, primarily lost or
damged resources and human health care costs incurred. The analysis
not did include the costs needed to control pollution. A partial welfare
ranking is below and the complete ranking follows on pages 24 and 25.
Very High
Non-point source water
pollution
Point source water pollution
Combined sewer overflow
Land use changes affecting
terrestrial habitats
Land use changes affecting
aquatic habitats
Indoor Air Pollution
Mobile sources of air pollution
Area sources of air pollution
Extra-regional acid deposition
Point source air pollution
Accidental releases
Radon
Chlorofluorocarbon depletion of
the ozone layer
Superfund sites
UST sites
RCRA sites
Municipal landfills
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Region II TI-93
Strategic Flan
Incorporating the Rankings into the Strategic Planning Process.
Ideally, resource utilization would correlate closely with risk reduction
potential. In reality, risk is only one factor affecting resource distribution.
Also considered are legal requirements, cost effectiveness, public
expectations and perceptions, technological and programmatic feasibility,
and other issues. Still, in the long-term, the ability to reduce
environmental risk should be considered the most important factor.
Region II has used the comparative risk rankings as the foundation of its
strategic plan. The strategic planning initiatives which follow bear that out
they all seek to address high ranking risk prdblems. In future years, as
managers become more familiar with the comparative risk assessment and
the strategic planning process, it is anticipated that the risk rankings will
play an increasingly important role in directing resources toward the
region's most serious environmental concerns.
"EPA should reflect risk-based priorities in its strategic
planning process."
The comparative risk, assessment reports provide a wealth of information
for managers engaged in planning. There is, of course, no guarantee that
any of that information will be used by a manager to assist in strategic
planning, or that a manager will even engage in strategic planning. As has
been expressed often, the adoption of strategic planning requires the
equivalent of a management culture change. And culture change does not
come easy. For this reason, Region II in its first year of formal strategic
planning adopted two principles to help effect this change.
Concentration in the first year was on the development and acceptance at
all levels of a solid strategic planning process and on a thorough
involvement of senior managers in all stages of the process.
Senior Management Retreats.
The Regional Administrator convened the first strategic planning retreat for
senior management in December of 1989. Senior managers gathered for a
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Region II.
Strategic
full day's discussion of strategic planning. Division directors presented an
independent four-year look at what lay ahead within their division in an
attempt to synthesize viewpoints into an overall vision for the future of the
Region.
The next few times senior managers gathered together as part of the
process, the focus was on the comparative r'sk project, as described above.
Then, in October of 1990, senior managers met for another strategic
planning retreat. With the results of the comparative risk project finalized,
the concentration was on goals and strategies for the FY-93 plan. Some of
the specific initiatives presented below actually originated through
discussions begun at the October retreat.
In December of 1990, a third retreat was convened to discuss strategic
planning. This time managers presented proposals for specific strategic
planning initiatives. These proposals were discussed at length and at the
end of the day's meeting divisions rated of each of the proposals that had
be^n presented. Ratings were tallied and considered by the Regional
Administrator and Deputy to determine the set of proposals that then
proceeded for further development via cross-divisional workgroups. A total
of ten proposals were selected for development.
Initial Development of Proposals.
The proposals presented at the third retreat were developed in different
ways. As mentioned above, some proposals began as discussions among
division directors and deputies. Some proposals had been partially
developed some time prior to the introduction of formalized strategic
planning in the Agency but had not been fully implemented for the lack of
an appropriate funding mechanism. Other proposals were developed
specifically for the strategic planning effort in a single division at the branch
chief, section chief or senior staff levels.
To aid in the development of proposals, the Office of Policy and
Management produced a comprehensive strategic planning development
package. The package contained useful documents and information.
Included were policy and budget guidance, a listing of Region II workyears
by program element, listings of permanent full-time positions by program
element and division, an extensive analysis of current resource utilization by
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Region II - FT-93
Strategic Flan
ranked environmental problem areas, regional and Headquarters pollution
prevention guidance, the full Reducing Risk report of the Science Advisory
Board, and Headquarters media offices and enforcement FY-92 to FY-95
strategic plans. When the FY-93 to FY-96 plans from Headquarters offices
became available, they were also distributed. Divisions already had copies
of the draft executive summary of the regional comparative risk project and
draft copies of the many problem area analyses and were asked to utilize
them in developing their proposals.
Cross-Divisional Workgroups.
The subset of ten strategic planning proposals chosen by the RA and DRA
following the December retreat were further developed by cross-divisional
workgroups. These workgroups each contained from four to nine
members drawn from three to six divisions. Members of workgroups
ranged from senior staff to the deputy division director levels. Cross-
divisional workgroups provided significant benefits to the strategic planning
effort.
Some proposals were originally developed within a single division but had
potential implications for other program or support offices. Bringing
participants together from the divisions resulted in a valuable
communication and cross-fertilization of ideas. This sharing of techniques
and data can have quick positive returns. For example, the Region II
Superfund removal program will examine TRI reports to identify companies
which have stopped reporting as potential removal actions.
Many strategic planning proposals are multi-media in nature. This means
that divisions which are generally accustomed to working internally must
increasingly function effectively in conjunction with other divisions. For
some projects the cross-divisional workgroup is the first step in a process
of forging lasting multi-media links.
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iejion II "-5J
Strategic Pl«
should reflect risk-based priorities in its budget
process."
The environmental improvements envisioned in the strategic initiatives must
be carried through in budget submissions and work plans. The link
between strategic planning and the budget process is still evolving.
The Current Relationship Between Resources and the Rankings.
The first step in bringing resources more in line with high risk priorities is
an assessment of the current deployment of resources (workyears and
dollars). Money to fund workyears represents one type of dollar resources.
The other three types are contracts and interagency agreements, grants
and loans, and construction grants. While somewhat broad, these
categories help describe how resources are currently distributed to address
risk problem areas.
Below are six bar charts, two for each of the three types of risk:
ecological, human health and welfare. For each type of risk, one chart
shows how Region H's workyears are distributed across risk problem areas
and the other shows how dollars are distributed. The lengths of the bars
indicate the level of funding directed toward each problem area in the
current (FY-91) fiscal year. The bars are ordered from highest ranking
problems at the top of each chart to lowest ranking problem areas at the
bottom.
The regional comparative risk rankings are not independent of resource
levels. That is because residual risk has been ranked. After twenty years
of Agency effort, areas that may have originally been high risk, such as
point sources of water pollution, have been brought under better control
and currently represent a smaller residual risk. In some cases,
accomplishing this risk reduction has required the infusion of a high level of
resources over the years.. In addition, maintaining a low level of residual
risk may require the continuing commitment of a high level of resources.
Thus a problem area may appear to be out of sync with the resources
devoted to it. These charts do not predict what might happen to risk if
resources currently addressing any problem area were increased or
decreased.
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VERY HIGH
HIGH
MEDIUM
LOW
NOT
RANKED
WETLANDS
LAND USE
AGIO DEP
NON-PTWTR
PESt/APP
PT WATER
CFCs
CSOs
MOBILE AIR
AREA AIR
ACCI PELS
STATAIR
RCRA/D
SUPERFUND
RCRA/C
USTs
DREDGING
SW-INCIN
UIC (IV-V)
SLUDGE
RADIATION
UIC (Nil)
WASTEWOOD
RADON
PEST/FOOD
DRWTR
INDOOR AIR
REGION II Fit DISTRIBUTION
ECOLOGICAL PROBLEM AREAS
100
200
FTE
300
400
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VERY HIGH
r
HIGH
MEDIUM
LOW
I
NOT
RANKED
REGION II RESOURCE DISTRIBUTION
ECOLOGICAL PROBLEM AREAS
WETLANDS 686
LAND USE |0"
ACIDDEP |[^1,126
NON-PTWTR
PESt/APP
PT WATER ._
CFCs J3295
CSOs
MOBILE AJR ,
AREA AIR ! 1.390
ACCIRELS 11,701
STATAIR
RCRA/D
SUPERFUND
RCRA/C
USTs
DREDGING ..
SW-INCIN p414
UIC(IV-V) PP 1.077
SLUDGE pHV 1,632
RADIATION |_109
UIC (Nil) |B 372
WASTEWOOD
RADON r--
PEST/FOOD IB 526
DRWTR tpar
INDOOR AIR to 382
PC&B AND RELATED
COSTS
335,925
156,020
5,000
10,000 15,000
($ IN THOUSANDS)
20,000
CONTRACTS/ [fjl GRANTS/
lAGs
LOANS
CONSTRUCTION
GRANTS
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VERY HIGH
HIGH
MEDIUM
LOW
NOT
RANKED
CFCs
RADON
INDOOR AIR
MOBILE AIR
AREA AIR
SUPERFUND
RdRA/C
NON-PTWTR
PEST/FOOD
STATAIR
DRWTR
CSOs
RCRA/D
UIC (IV-V)
ACCIRELS
PEST/APP
PT WATER
USTs
SLUDGE
DREDGING
SW-INCIN
ACID DEP
RADIATION
UIC (Mil)
WASTEWOOD
LAND USE
WETLANDS
REGION II FTE DISTRIBUTION
COMBINED HEALTH EFFECTS
100
200
FTE
300
400
-------
VERY
HIG
MEDI
V
LOV
NO'
RAN
CFCs f
HIGH RADON g
INDOOR AIR I
KAflDli c AID
1 MUtJILt AIH
,. . ADCA AID
AHtA AIH m
SUPERRJND 1
RCRA/C 1
H NON-PTWTR |
PEST/FOOD I
STATAIR I
DRWTR I
CSOs H
RCRA/D i
UICMMQ 0
L IM ACCI RELo p
PEST/APP
PT WATER m
USTs I
SLUDGE &B
DREDGING |
SW-INCIN I
V ACIDDEP E
RADIATION I
uicn-im I
WASTEWOOD I
i AMrt i loir 1
r LANU Uot M
«ED WETLANDS 1
0
PC&BANDI
COSTS
REGION II RESOURCE DISTRIBUTION 1
COMBINED HEALTH EFFECTS |
5295
11382
,| n *»*>»
^ ....-....:::::: . - .« O.^ILKJ
01,390
:lM:!:!:!:!J:!:-.:!KXXX^3) 4.713 I
3526 !
IBBHIBV::-^:::!:::;:::.: :::::!:K 5,796 I i
_JI b.29U
H1."..".."..".."..1.. .I1 ''. |r''i
01,091
HB1.077 !
snail, 701 i
.
Bf.j:-!!!i!.:;''!-:':'!=:-:-:!:i'-i-!':'';?^'!-:=!-:-i^:-i-!-!-!!i-^) 7 503 !
1,632
203
1414
mP 1.126
109
B372 I : !
100
0 !
686 i
156,020
335,925
5,000 * 10,000 15,000 20,000
($ IN THOUSANDS)
RELATED mm CONTRACTS/ iiii:!;;:; GRANTS/ xx? CONSTRUCTION
IB lAGs m* LOANS s8% GRANTS
-------
VERY HIGH
HIGH
MEDIUM
REGION II FTE DISTRIBUTION
WELFARE/ECONOMIC RANKING
LOW
NOT
RANKED
NON-PTWTR
PT WATER
CSOs
LAND USE
WETLANDS
' INDOOR AIR
MOBILE AIR
AREA AIR
ACID DEP
STATAIR
ACCI PELS
RADON
CFCs
SUPERFUND
USTs
RCRA/C
RCrtA/D
PEST/FOOD
UIC (IV-V)
PEST/APP
SW-lNCIN
DRWTR
RADIATION
SLUDGE
DREDGING
WASTEWOOD
UIC (Nil)
100
200
FTE
300
400
-------
REGION II RESOURCE DISTRIBUTION
WELFARE/ECONOMIC RANKING
NON-PTWTR
FT WATER
CSOs
LAND USE ,-
VERY HIGH WETLANDS VP 686
MIUH INDOOR AIR JP382
MOBILE AIR
AREA AIR
ACID DEP
STAtAIR
ACCIRELS
RADON |i» 1,211
CFCs
H GH SUPERFUND
USTs
RCRA/C
RCRA/D
MEDIUM
UHbUUINU P£WO
L9W WASTEWOOD 1100
' UIC(I-III) P372
1,091
PEST/FOOD P0526
UIC(IV-V) PP 1.077
PEST/APP pW1 1,639
SW-INCIN 0414
DRWTR
RADIATION
SLUDGE
DREDGING
NOT
RANKED
5,000
=!=!===:=!=i=!===:===!===tt=a=!=!;i;:;jii;j;!:!*^
116,449
156,020
10,000 15,000
($ IN THOUSANDS)
PC&B AND RELATED
COSTS
CONTRACTS/
IAGS
GRANTS/
LOANS
20,000
CONSTRUCTION
GRANTS
-------
26
II - FT-93
Strategic Plan
Note that the workyears addressing three problem areas, Superfund sites,
point sources .of water pollution and RCRA sites, account for almost two-
thirds of the Region's available workyears. Similarly, approximately 90% of
the dollars being spent by the Region in FY-91 are targeted toward point
sources of water pollution and Superfund sites.
Also included below is a table showing the numbers which were used to
develop the barcharts, showing the entire distribution of Region II
resources by problem area.
Current On-going Regional Initiatives.
While making the transition now to formalized strategic planning, Region II
has been allocating resources to address pressing regional environmental
concerns for some time. Currently, Region II is engaged in more than a
dozen Regional Initiatives. In each case, a small measure of resources has
been redirected from a national to a regional priority. In some instances,
resources are used to address a problem with a high level of public
concern, such as floatables. In o.her instances, the problems addressed are
viewed a" an especially high risk in the Region, such as the problem of
point- and non-point pollution in the Great Lakes, which is being addressed
in the Antidegradation Implementation Initiative. Several of the Region's
initiatives focus upon improving the effectiveness of enforcement efforts,
while others are testing a multi-media approach to enforcement.
Taken together, these Regional Initiatives account for almost 25 workyears
during FY-91, and are viewed as the Region's current exceptions-based
strategic initiatives. In addition to these efforts, the Region is participating
in several national initiatives (e.g., the Industrial Toxics and Lead Initiatives).
A list and brief description of the FY-91 Region II initiatives is presented in
Appendix C. Many of these will continue in place through the period (i.e.,
FY-93) covered by this strategic plan.
-------
REGION II DISTRIBUTION OF RESOURCES BY PROBLEM AREA
[$ IN THOUSANDS]
SOURCE GENERAL COSTS PER TOTAL PtlB
PROBLEM FIE* FIE* TOTAL FIE PCtB OTHER SITE t RELATED
AREA (11(21 |1](5l FTEl(l) (11(4) TOTALM1 EXPENSESM) TRAVEL(I) TRAVEL(I) COSTS(I) 15)
GENERAL
PT WATER
CSOs
OR UIR
NON-PT WTR
UIC (t-lll)
UIC (IV-V)
VET LANDS
LAND USE
DREDGING
SLUDGE
WASTEUOOO
RCRA/C
SUPERFUND
RCRA/D
SW-INCIH
UST«
ACCI RELS
PEST/APP
PEST/FOOD
STAT AIR
MOBILE AIR
AREA AIR
ACID DEP
RADON
INDOOR AIR
CFC»
RADIATION
120.5
14.7
22.4
11.6
3.6
10.3
9.5
0.0
3.1
18.7
1.5
98.7
352.1
9.4
2.4
9.9
28.8
10.9
3.4
40.4
11.2
20.4
1.9
5.5
3.5
0.7
1.6
110.45
26.86
3.73
4.99
2.58
o.ai
2.30
2.12
0.00
0.68
4.16
0.33
21.99
10.97
2.08
0.54
1.25
2.87
2.44
0.75
9.01
2.49
4.55
0.41
1.22
0.78
0.15
0.37
147.3
20.5
27.4
U.I
*.S
12.6
11.6
0.0
3.7
22.8
1.8
120.7
363.1
11.4
3.0
11.1
31.6
13.4
4.1
49.4
13.7
25.0
2.3
6.7
4.3
0.8
2.0
47.
47.
47.
47.
47.
47.
47.
47.
47.
47.
47.
47.
40.
47.
47.
47.
47.
47.
47.
47.
47.
47.
47.
47.
47.
47.
47.
«6.974.9 .
S969.0
1.2V6.7
1669.2
210.7
598.6
549.9
to.o
*176.6
1,081.3
U6.8
t5.711.8
17.664.5
1541.3
»141.2
528.4
1.497.0
633.3
195.7
2,339.2
647.2
1.182.1
107.1
317.2
703.2
38.2
94.9
738.2
102.6
137.2
70.8
22.1
63.4
58. 2
0.0
18.7
114.4
9.2
S604.
1.392.
57.
14.
50.
136.1
67.0
20.7
247.6
68.5
125.1
11.3
33.6
21.5
M.O
10.0
123.8
45.0
95.1
11.1
9.8
27.8
25.5
0.0
8.2
50.2
4.0
265.2
773.0
25.1
6.6
58.0
68.2
29.4
9.1
108.6
10.0
54.9
5.0
14.7
9.4
1.8
4.4
(0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
to.o
M.O
0.0
50.0
377.2
0.0
0.0
0.0
to.o
.to.o
to.o
to.o
to.o
10.0
0.0
0.0
to.o
to.o
0.0
8.037
1.117
1.529
771
1241
690
6)4
10
(203
1,246
(100
(6,6)1
20.208
1624
163
636
1.701
no
1225
2.695
746
1.362
123
366
234
144
109
CONTRACTS GRANTS/
|6| LOANS (6)
1.922
762
110
22
1147
170
211
48
10
to
372
SO
1.891
127.827
152
(0
70
to
S3
to
10
a
a
so
so
so
0
u
446
7,871
70
3 ,719
M.071
159
176
4
SO
SO
14
SO
t7,927
7,985
315
251
6,797
SO
904
301
3,091
2,509
20
1,003
845
148
251
0
CONSTRUCT
GRANTS (6)
0
319,255
2.898
SO
1,724
SO
to
SO
SO
SO
SO
SO
SO
0
10
0
SO
0
to
so
so
so
so
so
so
to
so
so
SOURCE
TOTAL
S2.367
335.925
4,195
5.290
4,713
172
1.076
»6M
0
203
1.632
100
16.430
156,019
1.090
414
7,504
1,702
1.638
527
5,796
3,262
1.390
1,127
1,211
382
295
109
44.456.0 4.200.2 »2,083.9 S427.2 S51.167 »133.635 S46.796 323,877 S553.108
TOTALS 818.58 110.45 929.0
S1E 450.96 100.58 551.5
SF 363.02 9.87 372.9
LUST 4.60 0.00 4.6
ID FT-91 OAT*.
(21 INCLUDE* ALL RESOURCES DIRECTLY ATTRIBUTABLE TO THE PROBLEM AREA.
(31 GENERAL CATEGORY INCLUDES MANAGEMENT, HUMAN RESOURCES. ETC. THIS CATEGORY PRORATED ACROSS OTHERS BY PERCENTAGE OF RESOURCES IN EACH
APPROPRIATION IN EACN PROBLEM AREA.
(41 REPRESENT AVERAGE FT-91 KM COSTS PER FTE BY APPROPRIATION.
(51 RELATED COSTS INCLUDE TRAVEL. SITE SPECIFIC TRAVEL, AND OTHER EXPENSES.
(6) FY-90 DATA.,
-------
28
Region II FT-93
Stmejlc flan
"EPA's annual budget should more directly reflect risk-
based priorities."
The strategic planning effort undertaken by Region II for FY-93 has not
been a redesign of the regional operating plan from the ground up. It is
instead a fine-tuning of a national budget to reflect regional priorities. The
Headquarters FY-93 National Strategic Plans are the foundation for the
Region II plan. The ten investments in Appendix A are presented as
proposed exceptions to the national program plans.
These resource shifts were developed within a number of required
constraints consistent with Agency guidance. Chief among these was a
requirement that resources not be shifted from one appropriation to
another. (The three appropriations involving workyears are Salaries and
Expenses [S&E], Superfund and LUST; the two principal non-workyear
appropriations are Abatement, Control and Compliance and Construction
Grants.) The second major constraint prevented shifts within the S&E
appropriation from one medium to another. (The four principle S&E media
are air and radiation, water, RCRA and pesticides and toxic substances.)
For instance, RCRA resources could not be used to address indoor air.
Finally, the overall levels of dollars and workyears could not be changed;
no conversion from one to the other was possible.
Notwithstanding these constraints, the strategic shifts envisioned in this plan
retarget approximately 75 workyears. In combination with the Regional
Initiatives discussed above, investments in regional priorities will account for
approximately one-tenth of the regional workyear total.
Regional Strategic Investment Themes.
Prior to the development of strategic proposals, Region ll's managers were
given four principles on which to base their plans. The first, and most
important principle to be followed was that any shift in resources should
act to reduce the overall level of environmental risk. Each of the Region's
ten proposals will do this. A full understanding of the risk reduction
potential of the plan can best be gained by a review of the individual
proposals themselves, as presented in Appendix A. The three other
-------
29
Bejion II FT-93
Strategic Plan
principles that guided the development of proposals are discussed in turn
below.
Pollution Prevention.
The Agency's January 1991 guidance lays out a hierarchy of activities that
are defined as "pollution prevention." Using this definition, seven of the
Region's ten proposals include a pollution prevention element to reduce
risk. Three of these six initiatives seek to prevent the pollution of aquifers.
One proposal will result in the development of individual primary aquifer
protection plans that will identify threats to groundwater and means to
curtail those threats. Another proposal will require audits of facilities with
subsurface hazardous waste conveyance systems and develop pollution
prevention alternatives for remediating high risk releases. A third proposal
prevents pollution to groundwater and other media through an intensive
review of RCRA Biennial Reports to identify and follow through on pollution
prevention opportunities.
A proposal to clean up metropolitan air has a number of pollution
prevention aspects. State vehicle inspection and maintenance programs will
be strengthened. Transportation control measures leading to fewer vehicle
miles driven will be developed. And perhaps most importantly, a major
clean fuels project will begin.
Finally, three proposals will undertake pollution prevention primarily to
reduce ecological risk. The distinctive habitats component of the Caribbean
Water Initiative will prevent pollution of some of the Region's most unique
ecosystems. A non-point water source project will reduce nutrient loadings
to the Long Island Sound. The Great Lakes initiative prevents toxics
loadings to that valuable water system.
Multi-media Efforts.
There are six proposals that involve the cooperation of more than one
program office. These types of efforts are viewed as especially important
in breaking down the current level of compartmentalization that
characterizes the Agency and in addressing the complex environmental
problems the Agency faces now and in coming years.
-------
30
Hion II FT-93
Strategic fl»n
In the aquifer protection and the Great Lakes projects, efforts from every
program office in the Region will be redirected to provide a special
emphasis in specific geographic areas. Similarly, two proposals in the
Superfund program, one in the removal program and one utilizing a non-
NPL enforcement strategy, will combine efforts with one or more other
program offices to clean-up abandoned hazardous waste sites.
The Superfund removal proposal and two proposals in the Region's RCRA
program will utilize expertise, Toxic Releases Inventory (TRI) data and data
generated in programs other than Superfund and RCRA to aid in the
identification of violators or potential violators.
Geographic Initiatives.
Resources are shifted to target specific geographic areas in six of the ten
proposals presented below. In the air initiative that means a focus on the
New York metropolitan area. All four proposals in the water program,
focus on specific geographic areas. One will focus on the Great Lakes.
Another will target resources in coastal areas including the Long Island
Sound, the New York Bight, the New York/New Jersey Harbor and the
Delaware Estuary. A third water proposal deals with a variety of water
issues in the Caribbean. The fourth water proposal will successively
address specific primary aquifer areas in Region II. The initiative in the
Superfund removal proposal will initially target its facility identification
efforts on a pilot project probably in Newark, New Jersey.
Other Emergent Themes.
Without specific central direction, other common themes have naturally
emerged from the various strategic planning proposals. For instance, some
of these proposals are extensions of successful pilot programs or strategies
that have already been implemented on a smaller scale in the Region. The
Great Lakes program and the non-NPL enforcement strategy are two
examples. Also, although proposals are for FY-93 resource shifts, none of
these projects will wait for FY-93 to begin implementation. All have
already begun some activities or will by the end of FY-91.
Finally, it should be noted that all of the Region's ten proposals are multi-
year in nature. Some proposals will develop programs to be put
-------
31
II rr-53
Strangle Plan
permanently in place. Others will extend their efforts for a number of
years before completion of the project objectives.
A variety of innovative tools for accomplishing environmental objectives
have been suggested in this first year of strategic planning. For instance,
some of the proposals go beyond traditional boundaries for enforcement of
environmental statutes. For example, the non-NPL enforcement strategy
seeks to utilize the CERCLA authority to effect area-wide, multi-media
cleanups of non-NPL sites. A proposal based on the RCRA statute will
remediate and prevent releases from subsurface hazardous waste
conveyance systems.
A number of proposals will use outreach techniques to foster cooperation
with State and local authorities. One example is the development of a
clean fuels infrastructure in cooperation with New York and New Jersey
metropolitan officials. Another example is the Caribbean water initiative
which will seek to develop partnerships with Commonwealth and Territory
officials to achieve two broad goals: improve drinking water in the
Caribbean and protect unique ecosystems.
Another technique which is utilized by a number of proposals is the
reprioritization of effort based on risk. In some cases this means a ranking
of potential inspection or permittee rosters based on risk. In other cases it
means focusing a multi-media enforcement effort in a high vulnerability
geographic area. A few proposals will use geographic information systems
to increase the level of understanding about a problem and to target
protection efforts.
Regional Strategic Disinvestment Themes.
Only one principle governed the development of areas for disinvestment.
The increase in risk that is expected to result from a disinvestment should
be less than the decrease in risk that results from the paired investment.
All of the proposals put forward here will accomplish this. In addition,
once disinvestments were-.identified, a number of themes emerged.
Many disinvestments continue the devolution of program activities from
federal to state responsibility. In some cases, this means a decreased
emphasis in state oversight. This seems to be a somewhat natural result as
-------
32
II - n-93
Strategic Flan
state programs continue to mature and federal authorities continue to gain
confidence in state abilities. Total Quality Management principles are also
in evidence in the reduction of the number of reviews that are required in
certain programs.
Other disinvestments primarily represent within-media reprioritization of
efforts in enforcement or permitting. These reprioritizations are on the
basis of risk: either as a multi-media effort or through geographic targeting.
Finally a couple of disinvestments result from the completion of certain
program activities. The completion of these activities allow for the
previously dedicated resources to be retargeted toward high risk areas.
"EPA should improve the data and analytical methodologies
that support the assessment, comparison and reduction of
different environmental risks."
The Region II FY-93 strategic plan attempts to achieve a few broad goals.
The first goal, and one in which much progress has already been achieved,
is the development of a solid strategic planning process and acceptance of
the process at all levels of the organization. The primary ecological goal in
this plan.is the improvement of the quality of the Region's major water
bodies and protection of related habitat. The major health goals include
improvement in the quality of New York/New Jersey metropolitan air and
increased protection and more efficient remediation of the Region's
important groundwater resources.
Environmental Indicators.
Setting goals is generally only effective to the degree which progress
toward those goals can be measured. The increasing focus on risk in the
Agency has the added benefit of redirecting attention from an inward
examination of administrative success to an outward looking view toward
environmental improvement. Each of the ten proposals that make up this
strategic plan will be tracked for administrative progress and environmental
results. This will require the development of new environmental indicators
of progress. This is a complex, long-term task. By way of illustration, it is
-------
33
II FY-T
Strategic tlao
a relatively quick and easy task to count the number of air permits written
in the Region in a given year. It is much more difficult to monitor air
quality throughout the Region for all substances of concern released to air.
And it is even more difficult to make the linkages between ambient
pollutant levels and ecological or human health.
Nonetheless, it is environmental improvements, not administrative
accomplishments that are ultimately important. These types of data are
also more informative to the general public and legislators. For these
reasons, progress in achieving the Region's environmental goals will
increasingly be measured in non-administrative units. The proposals below
each list either specific environmental indicators or a description of some
areas of environmental quality that relate to the activities that are proposed.
The environmental indicator program in Region II is just beginning. Its full
development and implementation will take place as we move into the FY-
93 operating year.
Future Directions for Strategic Planning.
Over the coming years, Region II's strategic planning process will continue
to evolve. In FY-92, the Region will undertake the development of a four
year strategic plan covering FY-94 through FY-97. The Region will also
prepare a regional mission statement; perform a critical issues analysis to
identify regional strengths, weaknesses, opportunities and threats; and
declare region-wide strategic goals.
The process will benefit in its second year from a wider dispersal of
comparative risk and strategic planning information. This will be true
within the Region, where documents relevant to these two processes will
receive increasingly wider distribution. This will allow for earlier
involvement in strategic planning in coming years by a wider range of
participants.
This information will also be communicated to the Region's State,
Commonwealth and Territorial partners. By working with these authorities,
the Region should be able to strengthen its plan and make more efficient
use of its limited resources.
-------
34
Region II FT-93
Strategic Flan
Finally, the strategic plan from Region II will be distributed to the other
nine EPA regional offices and strategic plans from each of these offices will
be read by Region II. Many of the activities, strategies and data sources
discussed in these plans could be utilized effectively by more than one
region. The exchange of this kind of information should lead to further
improvements in the Agency's ability to protect the environment.
-------
APPENDIX A
Region ll's
Ten
Strategic Proposals
-------
Segion II FT-93
Strategic Plan
MULTI-MEDIA AQUIFER PROTECTION PROJECT
I. STRATEGIC PLAN
A. Problem Being Addressed
The New York Department of Environmental Conservation has designated a
number of Primary Aquifers throughout the State. The New Jersey
Department of Environmental Protection is currently mapping aquifers. EPA
has designated many Sole Source Aquifers (SSAs) in Region II. These
aquifers are principal sources of drinking water for local populations, and in
many cases, have areas of high vulnerability to groundwater contamination.
Groundwater was not ranked by the comparative risk workgroup as a
separate problem area. However, groundwater threats from a number of
problem areas led to their individual ranking of high in the human health
risk and/or the welfare effects categories. These problem areas include
underground storage tanks, Superfund sites, RCRA sites, underground
injection wells and municipal landfills. An analysis of the comparative risk
results showed that had groundwater been a separate proolem area, it
would have ranked in high or very high categories for both human health
and welfare effects.
With a variety of threats to such an important resource, a multi-media
effort for the remediation and protection of groundwater is needed.
B. Goals and Measurable Objectives
Region II will undertake multi-media aquifer protection projects throughout
the Region in an effort to more effectively target resources to the
geographic areas of greatest human-health risk and resource vulnerability.
1 he retargeting of resources toward vulnerable aquifers serving large
population clusters will result in significant risk reduction benefits through
the identification and elimination of threats to the groundwater supplies.
The objectives of this proposal are to prevent groundwater contamination
incidents by identifying sources of groundwater contamination, to take
appropriate enforcement and remedial program actions against these
-------
38
sources, to develop local groundwater protection plans, and to enhance the
knowledge of local officials and citizens about groundwater protection
issues through training and the distribution of educational materials.
By the end of FY-93 Region II expects to have achieved or made significant
progress against these objectives at two sole source or primary aquifers.
C. Strategies and Policy Options
The approach that will be used in developing and implementing
the multi-media protection projects includes Doth the traditional actions of
EPA's regulatory programs and non-traditional activities such as providing
technical assistance in the development of a local ground water protection
program.
Implementation of this project will entail a two-phased approach.
Phase I will begin in FY-91 and will encompass the development and
initiation of a pilot project in the Cortland Primary Aquifer system in New
York State, and the collection end review of background materials for other
aquifers within the Region. During this phase regional staff will work with
state and local representatives to identify their roles in potential future
projects.
Phase II of the project will begin in FY-92. During this phase, the
combined divisional staffs will initiate additional aquifer
protection projects based on the results of the Cortland study, and the
outcome of the background investigations for the other
aquifers of interest.
Once the background information is collected, the aquifers will be
prioritized for future action based on the following criteria:
Location, geology and hydrology of the aquifer;
Resource vulnerability-
Population served;
Existing ground water contamination problems;
The interest of local officials; and
The extent EPA can make a difference.
-------
39
D. Measures of Progress
The activities proposed for Region II's Water Management Division (WMD)
are not currently tracked administratively. However, there are STARS
commitments for many of the proposed activities of the Emergency and
Remedial Response Division (ERRD) and Air and Waste Management
Division (AWMD).
Environmental indicators of progress in groundwater protection may
include:
Exceedances of maximum contaminant levels at public water
supplies (PWS),
The extent of contamination at hazardous waste sites,
The frequency of volatile organic compound detection,
Nitrate levels, and
Pesticide levels.
The Region will work with local officials to develop methods for tracking
these indicators.
II. OPERATIONAL PLAN
A. FY-93 Activities
During FY-93 the following activities will be initiated for an aquifer site
within the Region:
1. Identifying, inspecting and/or permitting all RCRA facilities. Providing
pollution prevention technical assistance to the regulated community.
2. Conducting appropriate enhanced Preliminary Assessment/Visual Site
Inspections for generators of hazardous waste.
3. Inventorying and inspecting Underground Storage Tanks. Conducting
appropriate enforcement referrals.
-------
40
4. Providing treatment, and completing remedial activities at Superfund
sites.
5. Screening potential Superfund sites to determine their Hazardous
Ranking Score and eligibility for listing on the NPL Conducting Site
Investigations, if necessary.
6. Undertaking Spill Prevention Control and Countermeasures program
activities within designated aquifer areas. Completing an inventory of
all SPCC regulated facilities within the aquifer area. Conducting
inspections of 20% of the identified facilities.
7. Prioritizing assessments under the Groundwater Task Force Strategic
Initiative for NPL sites.
8. Inventorying Underground Injection wells, particularly Class V wells.
Informing owners of their regulatory responsibilities. Taking follow-
up enforcement actions.
9. Working with local officials on conducting and reviewing PWS
inspections, and taking appropriate enforcement action.
10. Providing technical assistance to local officials in developing
groundwater management and wellhead protection plans.
11. Conducting activities related to a Geographic Information Systems
application for the selected site.
12. Inventorying and inspecting facilities with respect to emission issues
concerning compliance with the Clean Air Act. (To accomplish full
multi-media inspections in the Cortland area.)
13. Developing and distributing groundwater protection educational
materials.
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B. Resource Implications
Successful implementation of this project will, require the following regional
resource commitments:
Organization Workyear Resources Needed
Ground Water Management 1.8
Underground Injection Control 2.6
Public Water Supply 1.1
Water Standards and Planning 0.5
ERRD (Superfund) 0.6
AWM (Air & RCRA) 3/L
Total 9.7
Estimate of Contractor Support Dollars to be Expended:
Cleanup of 1 NPL Site $15,000,000
Oversight of 1 NPi Site 150,000
Superfund Site Investigations 130,000
CIS Activities 100,000
SPCC Inspections 1,000
These resource implications will not require the shifting of personnel in the
organizational structure, but will require reassignment of work. Following is
an analysis for each organization:
Ground Water Management - Approximately 1.8 workyears are currently
allocated for reviews, implementation and oversight of state wellhead
protection programs. One of these workyears are being utilized in FY-91
to initiate the Cortland groundwater pilot. In FY-93, an additional 0.8
workyears will be diverted from review and oversight activities and invested
in this project.
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Underground Injection Control - Inspection, permit application/closure
plans and enforcement resources will be concentrated on implementing this
aquifer protection project.
Public Water Supply - Mobilization and program management resources
within the PWS program element will be focused toward this initiative.
Water Standards and Planning - It is anticipated that the current Inter-
governmental Personnel Agreement with the Soil Conservation Service will
continue into FY-93 and these individuals will perform the activities
associated with the non-point source issues of groundwater protection
planning.
The Environmental Services Division - It will have 0.1 workyears available
to this initiative to provide technical assistance regarding any pesticides
issues that may require resolution. This will not require a shift of
resources.
Emergency and Remedial Response Division - A total of 0.6 workyear^ will
be expended toward achieving the objectives of this project. Most of the
activities proposed for the Cortland project are currently being completed,
or are planned, by the Division, and it is expected that similar activities will
be undertaken in another aquifer area in FY-93. For example, the EPA-
lead Superfund site in Cortland County is currently being investigated and
the Division will be completing an inventory of the SPCC facilities within
the aquifer area. There will be a disinvestment of resources from
inspecting SPCC facilities at other locations within New York State's DEC
Region 7, to inspect the Cortland County sites.
Air and Waste Division - A total of 3.1 workyears will be available to carry
out the air, RCRA and UST portions of the activities in the Cortland pilot
project for FY-91. In FY-93 resources for the project will be available from
lesser priority enforcement, lesser priority corrective actions, redirected
from other initiatives, and a reduction of state oversight inspections.
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CROSS-CUTTING ISSUES
A. Integrated Planning
The proposed aquifer protection project is a pollution prevention effort.
The development of a local ground water protection program, technical
transfer of pollution prevention information by the RCRA program
personnel and the distribution of educational materials are all concentrated
efforts to prevent future groundwater pollution incidents.
Also, the Underground Injection Control program inspections and
enforcement actions should reduce volatile organic contaminants and metals
which include some of the TRI target list of chemicals.
B. Policy Issues
There are no issues that represent significant departure from current
national policy.
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'Strategic Plan
MULTI-MEDIA RISK REDUCTION IN THE GREAT LAKES
I. STRATEGIC PLAN
A. Problem Being Addressed
The international waterways of the Great Lakes are o* tremendous
ecological and economic value and warrant a special federal presence. The
most serious environmental problem in the Great Lakes is the
bioaccumulation of persistent toxic substances in the food web. These
persistent toxic substances result in considerable ecological and human
health impacts.
The primary pathway of human exposure for toxics in the Great Lakes is
through the consumption of fish. For example, the consumption of 2.5
million pounds of Lake Ontario drinking water provides the same dose of
PCBs as the consumption of 1 pound of Lake Trout from Lake Ontario.
Therefore, the health risks to sub-populations that consume Great Lakes
fish as a substantial part of their diets (e.g., anglers or Native Americans)
are extremely high. In addition, the elevated levels of persistent toxics in
the Great Lakes have been shown, through numerous studies, to have
significant adverse effects on top predator fish and wildlife species
throughout the food web.
The Four Parties (Environment Canada, USEPA, the Ontario Ministry of
Environment, and the New York State Department of Environmental
Conservation) currently have in place Toxics Management Plans for the
Niagara River and Lake Ontario. Region II will oversee implementation of
these plans, and beginning in FY-93, will participate in the development of
similar plans for Lake Erie and the St. Lawrence River. The successful
implementation of these plans requires a focused multi-media effort in the
Great Lakes basin.
B. Goals and Measurable Objectives
The goal of the Lake Ontario Toxics Management Plan is to implement
pollution prevention programs and pollution reduction controls so that
unlimited consumption of Lake Ontario water and fish is possible without
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adverse health impacts. Similar goals would be appropriate for the St.
Lawrence River and Lake Erie.
The measurable objectives for the Niagara River and Lake Ontario are to
establish chemical-specific reductions based on exceedances of standards or
criteria for water column or fish tissue. Ecosystem objectives, once
adopted, will provide quantitative measures for ecosystem health. Both
chemical-specific objectives and ecosystem objectives and indicators for
Lake Erie and the St. Lawrence River would also be developed.
C. Strategies and Policy Options
Region II will target resources to achieve the greatest risk reduction in the
Great Lakes ecosystem. The plan will address all source categories within
Region II contributing toxics to Lake Erie, the Niagara River, Lake Ontario
and the St. Lawrence River, with particular emphasis on:
Non-point sources (especially in-place sediments);
Air emissions;
Active hazardous waste sites;
Abandoned hazardous waste sites;
Municipal point source discharges; and
Industrial discharges (both direct and indirect).
All of these source categories received high risk rankings (health, ecological
and/or welfare) in the Region II Risk Ranking Project.
D. Measures of Progress
Measures of progress will include:
The continued updating of the Niagara River and Lake Ontario Toxics
Management Plans, including the development of mass balance
models for persistent toxic substances of concern, the development
of a consistent set of adequately protective water quality standards
and the development of ecosystem indicators.
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The implementation of those plans through focused multi-media
federal and state permitting, inspection and enforcement efforts.
These include the expedited clean-up of the twenty active and
inactive hazardous waste sites contributing 99% of the U.S. load of
toxics to the Niagara River from hazardous waste sites/ the
incorporation of water-quality based effluent limits in SPDES permits
based on the results of mass balance modeling, the incorporation in
SPDES permits of anti-degradation limits for persistent toxics, and
multi-media, geographically targeted enforcement actions.
The development of analogous Toxics Management Plans for Lake
Erie and the St. Lawrence River.
II. OPERATIONAL PLAN
A. FY-93 Activities
In FY-93, Region II will be engaged in a number of activities related to the
implementation of the Niagara River and Lake Ontario Toxics Management
Plans, and the development of plans for the St. Lawrence and Lake Erie.
Niagara River and Lake Ontario
Continue implementation of the Niagara River and Lake Ontario
Toxics Management Plans.
Conduct comprehensive monitoring of toxic loadings and
ambient concentrations in Lake Ontario (this will begin in FY-
92 and continue, through FY-93).
Expand geographic information systems activities to map toxic
loadings in a wider area.
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St. Lawrence River and Lake Erie
These activities will be undertaken in coordination with Region III:
Establish a formal structure of committees to undertake the project
activities and involve public and private stakeholders;
Gather and assess relevant program information and data from all
agencies involved in drafting the management plans;
Secure commitments to undertake joint and individual agency
activities and track progress; and
Report progress and refine the management plans, accordingly.
B. Resource Implications
The resources, by Division, required to support this initiative are:
Investment
Water Management Division
Niagara Frontier Program Office/Director's Office - Coordination of plan
development and implementation.
Total: 8 workyears
Water Standards and Planning Branch - Development and implementation
of water quality standards and antidegradation policy.
Total: 2 workyears
Marine and Wetlands Protection Branch - Remediation of contaminated
sediment; regulation of dredged material disposal.
Total: 1 workyear
Water Permits and Compliance Branch - Permitting and enforcement for
direct and indirect industrial discharges.
Total: 1.5 workyear
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New York/New Jersey Municipal Programs Branch - Permitting and
enforcement for municipal discharges.
Total: 1 workyear
Environmental Services Division - Extension of ESD's role in the existing
Toxics Management Plans to the additional basins, and more intensive
involvement in the Lake Ontario monitoring effort.
Total: 4.5 workyears
Emergency and Remedial Response Division - Continuation of existing
allocation of 3 workyears to WMD for Lake Ontario/Niagara River waste
site work; allocation of additional 1 workyear to give priority attention to
sites in the additional basins, and to coordinate with other Divisions on
pollution prevention before negotiations.
Total: 1 workyear
Air and Waste Management Division
Compliance, enforcement and pollution prevention initiatives at key air
sources of toxics (1.5 workyears); fast-tracking priority RCRA facilities for
permitting, compliance/enforcement, and pollution prevention (2.6
workyears); and focusing Underground Storage Tank resources on Great
Lakes tanks (0.6 workyears).
Total: 4.7 workyears
Office of Policy and Management
Compliance, enforcement and pollution prevention initiatives at key federal
facilities.
Total: .25 workyear
Total Estimated Resources: 24 workyears
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Disinvestment
These resources will come from disinvestments in core program activities:
Water Management Division Workyears
Niagara Frontier Program/Director's Office will continue
to utilize 2 dedicated Great Lakes workyears,
as follows-
Niagara River Toxics Management Plan 1.0
Lake Ontario Toxics Management Plan 1.0
New York/New Jersey Municipal Programs Branch-
Shift of Construction Grants resources to support
permitting/enforcement activities with reduction
in OWAS commitments 1.0
Water Permits and Compliance Branch-
Geographic targeting of existing permitt'ng/
enforcement achieved through efficiency in
oversight of state programs 1.5
Water Standards and Planning Branch-
Shift in Ocean Dumping Ban Act position 1.0
Geographic targeting within program elements
with STARS/OWAS implications 1.0
Marine & Wetlands Protection Branch-
Shift in Ocean Dumping Ban Act position 1.0
Environmental Services Division
Continued shift from ESD's support of other
water program activities 2.0
Emergency and Remedial Response Division
Continuation of existing shift of resources
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from site-specific activities 3.0
Geographic focus of Remedial Actions 1.0
Air and Waste Management Division
Shift from similar air activities outside the Great
Lakes, and partial disinvestment from Rule Effectiveness
Study 1.5
Reduction of activities for low priority RCRA
facilities in the Niagara River and Lake Ontario
basins 2.6
Shift of UST resources from areas 0.6
outside the Great Lakes
Office of Policy and Management
Shift from activities at other federal facilities 0.25
The Offices of External Programs and Regional Counsel are expected to
continue support for the initiative at their existing resource levels.
Total Estimated Disinvestment: 18.5 workyears
The Region has a resource shortfall of 5.5 workyears which will require
additional resources or a reduction of Great Lakes project activities.
Additional resources are being sought from the Great Lakes National
Program Office (GLNPO). If not received, the Region would reduce its
support to the following activities:
Development of the' Lake Erie and St. Lawrence River
Management Plans (2 workyears);
Addressing habitat issues as identified in the Lake Ontario Plan
(1 workyear);
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Minimal involvement of the monitoring services provided by
ESD beyond existing efforts (2.5 workyears);
III. CROSS-CUTTING ISSUES
A. Integrated Planning
A regional multi-program workgroup has been formed to develop strategies
to address the persistent toxics problems in the Niagara River, Lake Ontario
and eventually Lake Erie and the St. Lawrence River. These strategies will
integrate cross-cutting initiatives, where appropriate. One of the first tasks
of the workgroup is to crosswalk the various programs' target chemical
lists, including the priority chemicals identified for Lake Ontario, to identify
areas of overlap. Similarly, the program workgroup members will identify
where cross-cutting and program-specific initiatives can be applied to the
Great Lakes in a way that maximizes the use of scarce resources.
Looking ahead, Region ll's Great Lakes program will expand beyond end-
of-pipe controls to incorporate pollution prevention activities to the toxics
management plans.
Also, the Great Lakes activities are/will be fully coordinated with GLNPO,
Region V and Region III, as well as Canada and New York State.
B. Policy Issues
No departures from current agency policy are foreseen at this time.
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Region II FT-«
Strategic Elan
THE CARIBBEAN WATER INITIATIVE
The Caribbean Water Initiative is a set a four modules designed to address
various water issues in Puerto Rico and the Virgin Islands. Together these
four modules will attempt to reduce habitat alteration and prevent pollution
caused by wastewater discharge and development practices, and to
improve drinking water quality in the Caribbean. The four modules that
follow are the Caribbean Distinctive Habitats Module, the PRASA
Compliance Module, the Virgin Islands Wastewater Treatment Module and
the Small Drinking Water Systems in Puerto Rico and the Virgin Islands
Module.
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CARIBBEAN DISTINCTIVE HABITATS MODULE
I. STRATEGIC PLAN
A. Problem Being Addressed
The Caribbean Distinctive Habitats initiative has been developed to address
the ecological problem of habitat alteration and destruction. Comparative
risk projects in all of EPA's ten regions ranked physical degradation of
water/wetland habitats and physical degradation of terrestrial
ecosystems/habitats among the greatest ecological threats to the
environment. This high risk-ranking was also highlighted in the Science
Advisory Board's (SAB) report which stated 'The aggregate impacts [from
habitat alteration] amount to an unacceptable loss of ecological resources,
and the irreversible nature of the impacts on biological diversity and
ecological productivity requires a major programmatic emphasis across all
governmental organizations." Specifically, this initiative is targeted to
mitigate negative human impacts to coral reefs, mangrove ecosystems,
seagrass beds, and phosphorescent bays in Puerto Rico and the Virgin
Islands.
The ecological and economic importance of aquatic habitats such as coral
reefs and mangrove ecosystems have been well documented. Coral reefs,
which are located off the coasts of both Puerto Rico and the U.S. Virgin
Islands, are important as habitats for various marine species, as tourist
attractions, and as break-waters that aid in storm protection. Mangrove
ecosystems provide habitat for various marine species, including
commercially valuable species of fish, lobsters, crabs, mussels, and oysters.
These fragile ecosystems are being seriously degraded by human activity
throughout the Wider Caribbean Region. The primary sources of pollution
are sedimentation from land-use practices, nutrient loadings from
agriculture and municipal waste, toxic loadings from industrial sources and
pesticides from agricultural practices. In addition, mangrove swamps are
being filled for coastal development projects.
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B. Coals and Measurable Objectives
The long-term goal of this plan is to preserve the biodiversity provided by
distinctive habitats such as the coral reefs, seagrasses, mangroves and
phosphorescent bays of Puerto Rico and the Virgin Islands for future
generations. To achieve this goal the Region wil' assist in the development
of an integrated environmental management program based on sustainable
development principles.
The measurable objectives include:
Characterization and long-term monitoring of distinctive habitats;
In coordination with local and federal agencies, development of
a Pollution Prevention and Control Program (PPCP);
Implementation of the PPCP in pristine areas;
Prevention of point ar d non-point sources of pollution (e.g.,
sediment, nutrient and toxic loadings) that would have adverse
impacts on the identified pristine areas.
C. Strategies and Policy Options
Many local and federal agencies are involved with assessing and managing
the marine resources of Puerto Rico and the Virgin Islands. However,
there is no one agency with overall responsibility for protecting these
fragile habitats. The approach the Region will take to implement this plan
is to provide a strong.coordinating role with appropriate organizations. The
aim is to ensure that resources are leveraged to the maximum extent
possible, and that programs impacting these distinctive habitats are fully
integrated at the local, state, federal and international levels.
The Region will place increased emphasis on National Environmental Policy
Act (NEPA) reviews, Clean Water Act §404 fill permit application reviews,
and the review of State Operating or Planning Grants. These strategies will
be complemented by a program to strengthen local institutional controls. It
is proposed that an Intergovernmental Coordinating Committee be
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established for this plan which would be responsible for developing a
Pollution Prevention and Control Plan (PPCP) and overseeing its
implementation.
To assist in the development of the PPCP, a characterization of these
distinctive habitats, related land-use patterns and pollution sources, will be
developed primarily from existing sources of information. From this
characterization, habitats ranging from severely impacted to pristine will be
delineated. Based on this classification, and on additional criteria to be
established by the Intergovernmental Coordinating Committee, several pilot
projects in the associated watersheds of pristine areas will be initiated.
D. Measures of Progress
Administrative measures:
Complete the Pollution Prevention Control Plan (in English and
Spanish).
Implement the PPCP in pristine areas.
Review all local environmental impact statements and
' environmental assessments for proposed development projects
that are in geographical proximity to these pristine habitats.
Review all industrial and municipal permits in coastal zones (this
measure is integrated with the proposed PRA5A Compliance
Module).
Ecological measures:
Proposed measures to assess changes in community structures and pristine
habitats may include:
Acreage of pristine habitats,
Cubic yards dredged and/or filled in pristine habitats, and
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Ambient water quality (e.g., nutrient, sediment, and toxic concentrations).
II. OPERATIONAL PLAN
A. FY-93 Activities
Specific activities include:
Characterize distinctive habitats in Puerto Rico and the U.S.
Virgin Islands and identify coral reefs, mangrove ecosystems,
seagrasses and phosphorescent bays which are:
severely degraded
impacted
pristine
This activity will be initiated in FY-91 with contractor support
(Water Management Division [WMD]).
Develop a report that identifies all the local governmental and
non-governmental agencies, federal, and research institutions
with planning/development and marine conservation
responsibilities in Puerto Rico and the Virgin Islands (Caribbean
Field Office [CFO]).
Form an Intergovernmental Coordinating Committee to develop
the Pollution Prevention and Control Plan (CFO/WMD).
Identify point and non-point pollutant sources and the potential
impacts to pristine areas for Puerto Rico and the U.S. Virgin
Islands (WMD, the Environmental Services Division [ESD] and
CFO and the proposed Intergovernmental Coordinating
Committee).
Review all environmental impact statements and environmental
assessments for proposed development projects which may
impact identified sensitive ecosystems/pristine areas (the Office
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of Policy and Management - Environmental Impacts Branch
[OPM-EIB] and CFO).
Provide workshop(s) on EIS/EA review and impact mitigation for
local governmental agencies (OPM-EIB and CFO).
Initiate development of a long-term monitoring program for
sensitive habitats (WMD, ESD).
Provide technical support with respect to implementing the
restricted use FIFRA rule in sensitive areas. Both Puerto Rico
and the Virgin Islands will be required to develop Management
Plans for potential impacts to these sensitive areas/distinctive
habitats and assistance will be provided to crosswalk these plans
with the PPCP (ESD).
B. Resource Implications
The Re^'on does not receive resources specifically identified to support this
type of activity, and currently less than 1% of regional resources are
directed to address land use related impacts to aquatic habitats. A shift of
2.5 workyears is proposed to support this initiative in FY-93. As the
proposal is further scoped out in FYs-91/92 it may be determined that
more resources are needed, or adjustments to the scale of the plan may
be required. Also, Headquarters Office of Policy, Planning and Evaluation
has provided $15,000 of contractor funds in FY-91 to begin the review of
available data and studies on these distinctive habitats. Continued
contractor support will be needed to complete the inventory and the initial
assessment work.
As explained in the strategies section, the Region will seek to leverage its
resources by coordinating with appropriate agencies and institutions that
have ongoing responsibilities in this area.
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Investment
Water Management Division 2.00 workyears
Caribbean Field Office 0.25 workyears
Office of Policy and Management 0.25 workyears
2.50 workyears
WMD: Two workyears from the Water Standards and Planning Branch
will be provided to support the plan.
CFO: The Caribbean Field Office will support this initiative primarily
from existing resources provided for regional management,
drinking water enforcement and coastal environmental
protection.
The Office of International Activities (OIA) will provide contract dollars I./
the CFO in FY-92 to support United Nations Environmental
Program/Caribbean Environment Program-related activities/travel and it is
possible that in FY-93 OIA may provide additional contract dollars. This
funding could be used to contract a local expert to assist in the design and
implementation of the plan, which will directly support many of the goals
and objectives of the Caribbean Environment Program.
In addition, the Region may seek funding under the Coastal America
Initiative to complete the ecosystem and pollutant source inventory. If
such funding is available, the Region could coordinate with the Office of
International Activities (OIA) and the Gulf of Mexico Program in Region IV
to assure that the data that we compile are georeferenced and compatible
with OlA's geographic information system for the Wider Caribbean Basin.
ESD: The Environmental Services Division resource investment will be
identified when monitoring needs are better determined.
Technical support will also be provided for the pesticides
component of the plan.
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Disinvestment
WMD: Significantly reduce/eliminate 301 (h) post waiver
monitoring reviews.
Significantly reduce/eliminate 403(c) reviews.
These disinvestments will require a negotiated reduction in OWAS and
STARS commitments.
CFO: Small disinvestments in existing CFO program support
responsibilities will be made.
ESD: Support to this initiative would require a disinvestment from
monitoring activities in New York and New Jersey. The FIFRA
support will involve resources currently provided for these
activities (i.e., no shifts).
OPM/EIB: Increased support for the review of EISs and EAs in Puerto Rico
and the Virgin Islands will require a disinvestment in EA reviews
for New York and New Jersey.
III. CROSS-CUTTING ISSUES
A. Integrated Planning
The Caribbean Distinctive Habitats Initiative is a geographically targeted
pollution prevention strategy. EPA does not have statutory authority to
implement many of the solutions that are required to prevent degradation
and destruction to ecologically sensitive habitats. Therefore, in addition to
implementing appropriate regulatory controls, the project seeks to identify
and utilize mechanisms of pollution prevention such as integrated
environmental planning at the local level, to promote sustainable
agricultural and land-use practices. .
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B. Policy Issues
This plan initiates one of the Region's (and perhaps the Agency's) first
projects to specifically address the preservation of tropical habitats. It
represents a departure from standard program responsibilities and reliance
on regulatory controls.
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PRASA COMPLIANCE MODULE
I. STRATEGIC PLAN
A. Problem Being Addressed
The Region II Risk Ranking report identified industrial point and municipal
wastewater treatment discharges to water as high non-cancer health and
ecological risks. Puerto Rico has been selected as a geographic area for a
concentrated effort to address this high ranking environmental problem.
Enforcement actions taken to-date against the Puerto Rico Aqueduct and
Sewer Authority (PRASA) have not resulted in a significant reduction in
non-compliance violations. It is anticipated that existing compliance
problems will be compounded when the new Safe Drinking Water Act
(SDWA) regulations (e.g., the Surface Water Treatment Rule [SWTR] and
Total Collform T.ule) a,e issu ,-d. PRASA is currently unable to meet
compliance schedules due to financial constraints, and significant additional
capital investments will also be required by the new SQWA regulations.
Consequently, the Region is proposing to expand its enforcement efforts to
address the drinking water and wastewater treatment problems in Puerto
Rico: The Region will combine an enhanced enforcement program with a
cooperative effort with PRASA and other local agencies to develop funding
mechanisms for needed construction projects.
B. Goals and Measurable Objectives
The goal is to reduce pollution from wastewater discharges and to improve
drinking water quality. Examples of measurable objectives will include
negotiated construction schedules, prioritization of construction projects,
and an increase in the percentage of population covered by protected
water supply systems and appropriate wastewater treatment facilities.
C. Strategies and Policy Options
The Region plans to work cooperatively with PRASA, the Environmental
Quality Board (EQB) and Department of Health (DOH) to incorporate risk
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reduction principles into the current and future Capital Improvement Plan
(CIP). The CIP establishes capital construction goals for the upcoming five
years and is revised on an annual basis. Projects for drinking water
treatment and distribution as well as wastewater collection and treatment
are included in the CIP. It is the Region's goal to ensure that Consent
Decree activities correspond to the construction schedules identified in the
CIP.
These planning activities will be complemented by an expanded
enforcement program. Many Administrative Orders will be closed out prior
to and during FY-93. A major activity of this plan will be the execution of
a new Consent Decree for 53 wastewater treatment plants. Referrals to
the Department of Justice, including new compliance schedules and penalty
assessments, will be expected. EPA will also impose new permit
requirements on PRASA such as those related to sludge disposal, reductions
in toxic discharges and reductions in stormwater pollution.
Working within the existing regulatory framework, the Region will continue
to modify its enforcement strategies to take into account the unique
economic, cultural and environmental conditions of Puerto Rico.
Pollution prevention, including watershed and groundwater protection,
needs to be integrated into PRASA's organization and operations. EPA will
help PRASA, EQB and DOH to solve the identified problems usmg these
types of integrated approaches. EPA will provide assistance, where
appropriate, to leverage limited local resources so that projects can be
successfully implemented, resulting in reduced environmental risks.
D. Measures of Progress
Risk reduction targets will be developed for this initiative. Such targets
may include the number of people receiving properly treated water
supplies and proper wastewater disposal.
Other potential indicators could be: reductions in Maximum Contaminant
Levels (MCL) and treatment technique violations of the drinking water
regulations, and reductions in pollutants discharged upstream of water
supplies or critical waters.
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II. OPERATIONAL PLAN
A. FY-93 Activities (note: some actions may be initiated prior to FY-93)
Track all existing compliance and permit reports submitted by
PRASA, including Discharge Monitoring Reports (DMR), and
Consent Order reports by the Court Monitor,
Prepare a compliance summary report including a needs survey
for all facilities to comply with federal laws,
Form three work groups within EPA, EQB, DOH and PRASA to
address Financial Capability, Wastewater Facility Needs and
Drinking Water Facility Needs,
Develop an Action Plan including recommendations for changes
in the CIP, implementation of an operator training and
certification program, renegotiation of existing orders, and
changes in federal requirements, and
Develop program and policy implications of the Action Plan and
present necessary issue papers and briefings to policy making
officials.
B. Resource Implications
Investment
Water Management Division 2.5
Office of Regional Counsel 1.5
Total 4.0 workyears
Disinvestment
Existing resources identified for grants management, permits, enforcement
and drinking water will be shifted to this geographic initiative. There will
also be a shift of construction grants resources to permits and/or
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enforcement resources with a corresponding lowering of OWAS
commitments.
III. CROSS-CUTTING ISSUES
A. Integrated Planning
This proposal involves an integrated approach to solving significant health
and ecological problems in Puerto Rico. It combines traditional
enforcement with cooperative efforts to develop long-range funding
mechanisms for PRASA. Multi-media enforcement actions will also be
taken where appropriate (e.g., SDWA and CWA enforcement) as part of
this proposal.
B. Policy Issues
This plan does not represent a significant departure from current national
policy. However, it is anticipated that some policy and programmatic
issues, possibly involving STARS/OWAS commitments, will need to be
addressed.
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VIRGIN ISLANDS WASTEWATER TREATMENT MODULE
I. STRATEGIC PLAN
A. Problem being addressed
The Region II Comparative Risk Ranking Project identified industrial point
and municipal wastewater treatment discharges to water as high non-
cancer health and ecological risks. The Virgin Islands, along with Puerto
Rico, has been selected for a concentrated geographic effort to address this
high ranking environmental problem.
The Virgin Islands Department of Public Works (VIDPW) operates 12.
wastewater treatment plants. These plants are in various stages of
noncompliance with the NPDES permit requirements for the discharge of
municipal wastewater. In addition, most facilities are covered by a Judicial
Consent Order and are in non-compliance with the Order. The
compliance problems associated with the treatment plants include
construction requirements, major repairs and operational maintenance.
Lack of funding is the primary reason for not meeting the requirements of
the Consent Order.
B. Coals and Objectives
The goal of this plan is to reduce the impacts of wastewater discharges to
ecologically sensitive areas and to human health by bringing these facilities
into compliance. The measurable objectives are to obtain and assure the
appropriate use of additional funding to construct and repair all needed
VIDPW facilities in order to achieve Clean Water Act (CWA) compliance.
C. Strategies .and Policy Options
The strategy will involve two approaches - one to secure needed funding
and the other to use existing enforcement mechanisms to achieve
compliance. Special funds for the Virgin Islands will be sought through the
FY-93 budgetary process by requesting a Congressional add-on for this
purpose. Alternatively, a special amendment to the Clean Water Act will
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be pursued to address the unique situation of the Virgin Islands. This will
require the involvement and support of the Agency's senior management,
including that of the Regional Administrator and the Assistant Administrators
for Water and Administration and Resources Management. Concurrent
with these efforts, compliance will be pursued through the negotiation and
enforcement o* a new Judicial Consent Order with the VIDPW and newly
issued Administrative Orders for those facilities not covered by the Consent
Order.
D. Measures of Progress
Measures of progress will include:
Achieve maximum compliance with Administrative Orders;
Negotiate a new Judicial Consent Order with VIDPW that will
bring up-to-date the status of all existing and planned facilities;
Write or issue permits for VIDPW facilities to include current
NPDES requirements (toxics, stormwater, sludge); and
Include the VI funding issue in the EPA FY-93 budgetary
process and/or in a special amendment to the Clean Water Act.
II. OPERATIONAL PLAN
A. FY-93 Activities
Many of the activities.listed below will be initiated in FY-91 and FY-92. In
particular, efforts to assure inclusion of funding for wastewater facilities in
the FY-93 budget (or via an amendment to the CWA) will need to be
conducted in FY-92. These will include developing all necessary
information on VI infrastructure needs, prioritization, costs, timetables and
required authorizations; and meeting with the Office of Management and
Budget (OMB) and Congressional committees, as appropriate to assure
inclusion in the FY-93 appropriation. Other activities, either to be started
or completed in FY-93 include:
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Track all existing compliance and permit reports submitted by
the VI, including DMRs and Consent Order reports.
Prepare a Compliance Summary Report.
Develop a Compliance Action Plan, including recommendations
for renegotiation of existing Orders and issuance of new
Orders.
Implement the Action Plan.
Work with the VI to assure FY-93 funds are obligated toward
highest priority needs (i.e., those that would address highest
health and ecological risks first).
B. Resource Implications
Investment
Water Management Division - 1.0 workyear
Office of Regional Counsel - 0.5 workyear
Office of Policy and Management - 0.5 workyear
Total 2.0 workyears
Disinvestment
Existing resources identified for grants management, permits and
enforcement will be focused on this geographic project. There will be a
shift of construction grants resources to permits and/or enforcement with a
corresponding lowering of OWAS commitments.
III. CROSS-CUTTING ISSUES
A. Integrated Planning
The plan, while directed to address NPDES compliance problems in the
Virgin Islands, is part of a larger regional initiative to address health and
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ecological risks in the Caribbean (Puerto Rico and the Virgin Islands). It
involves an integrated approach toward solving these problems, that relies
on both traditional enforcement actions and on innovative efforts to secure
long-term funding for needed facility upgrades.
B. Policy Issues
This plan does not represent a significant departure from current national
policy. However, it is anticipated that some policy and programmatic
issues, possibly involving STARS/OWAS commitments, will need to be
addressed. Also, support for pursuing special federal funding for VI will be
required.
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SMALL DRINKING WATER SYSTEMS IN PUERTO RICO
AND THE VIRGIN ISLANDS MODULE
I. STRATEGIC PLAN
A. Problem Being Addressed
The operation and maintenance of drinking water systems ranked high for
combined cancer and non-cancer health effects, and very high for the non-
cancer health effects alone. Health-related impacts, mostly from
microbiological contamination of drinking water, are of particular concern in
Puerto Rico and the Virgin Islands where small public water systems (PWS)
generally provide little or no treatment and/or disinfection.
Studies of surface water in Puerto Rico have shown unusually high
concentrations of pathogenic viruses, bacteria and protozoa. In the Virgin
Islands, studies of water quality in rainwater catchments have been limited
to determining the presence of bacteria; however, the extremely high
concentrations of bacteria, including some pathogens, are sufficient grounds
alone for concern.
Although documented waterborne diseases in the Caribbean are not
common, given the. raw water quality and the lack of water treatment, it is
reasonable to assume their occurrence is often either not noticed or not
reported, and that waterborne pathogens have a significant health impact.
Diseases that are frequently linked to contaminated water such as Giardiasis
and gastroenteritis are common in both Puerto Rico and the Virgin Islands.
The Virgin Islands Department of Health reported additional problems with
waterborne Legionellosis and a 1985 outbreak of typhoid, probably caused
by contaminated drinking water.
In Puerto Rico the major supplier of drinking water is the Puerto Rico
Aqueduct and Sewer Authority (PRASA). (The PRASA drinking water
systems are addressed in the Region's PRASA Compliance strategic plan,
which is one of four modules targeted to address water quality and habitat
concerns in Puerto Rico and the Virgin Islands.) The maintenance and
operational problems of non-PRASA water supply systems, of which there
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are over 250 serving a total population of 80,000, will be addressed by this
initiative. This proposal augments the Region's ongoing non-PRASA
enforcement initiative, a multi-year effort that was initiated in FY-91 to
address the high significant non-compliance rate (i.e., 95%) of these
systems.
In the Virgin Islands, over 500 rainwater roof-top catchment PWSs provide
the primary source of drinking water. Eighty percent of the population
relies on rainwater roof-top catchments for its drinking water. Other
sources of drinking water are some shallow wells and desalinization plants.
Concerns with respect to rainwater catchment systems are microbiological
contamination from animal droppings and dirt on roof-tops, the use of
proper roofing materials and cistern construction, and the high levels of
trihalomethanes in cisterns that are chlorinated.
B. Coals and Measurable Objectives
The goal of this proposal is to reduce tie risk of waterborne diseases and
chemical contamination from drinking water in Puerto Rico and the Virgin
Islands by appropriate water treatment and the development and
maintenance of appropriate water supply systems.
Measurable objectives include:
Improve monthly compliance with Total Coliform monitoring
requirements and reduce Maximum Contaminant Level (MCL)
violations for non-PRASA ground-water systems in Puerto Rico
and for rainwater roof-top catchment systems in the Virgin
Islands,
Reduce the number of PWSs in Significant Non-Compliance
(SNC),
Establish enforceable compliance agreements with all non-
PRASA surface water systems by the end of FY-93 (Puerto
Rico),
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Reduce the number of non-PRASA surface water systems (Puerto
Rico),
Eliminate chemical MCL violations due to contamination from roofing
and cistern coating materials (Virgin Islands), and
Ensure that communities served by non-PRASA water systems
have begun to implement watershed and ground-water
protection plans (Puerto Rico).
C. Strategies and Policies
Strategies.to address drinking water protection differ for each of the two
areas and are presented separately.
Puerto Rico
The strategy for Puerto Rico is to implement a vigorous enforcement policy
for non-PRASA drinking water systems and to strengthen local funding and
rural water management capabilities. As a general policy EPA will
encourage PRASA, wherever feasible, to serve non-PRASA communities and
to include associated costs in its Capital Improvement Plan (CIP). The
Region will also strongly encourage systems presently served by a surface
water source to switch to groundwater.
At present no umbrella rural water authority exists for non-PRASA systems.
To assist in the strengthening of local funding and rural water management
capabilities, the Region will recommend that a rural water task-force be
assembled with representatives from the non-PRASA systems workgroup,
Commonwealth agencies, Federal funding agencies such as Farmers Home
Administration (FmHA) and Housing and Urban Development (HUD), and
non-governmental organizations (e.g., the National Rural Water Association).
This proposed rural water task force would have the responsibility of
developing short and long-term strategies to address the water quality
problems associated with non-PRASA PWSs.
Short-term strategies would focus on assisting those non-PRASA systems
which do not require major capital investments to achieve compliance.
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Approaches to achieving this goal would include community organization
and education, operator training and the expansion of a circuit rider
program to provide non-routine maintenance. Longer-term strategies
would include the development of financial mechanisms to fund significant
capital improvements for surface water systems, approaches to ensure that
non-PRASA PWSs will be able to comply with new Safe Drinking Water Act.
(SDWA) regulations, the development of an organizational structure such as
a regional rural water authority, and the implementation of watershed and
ground-water protection programs.
Virgin Islands
In the Virgin Islands, the Region will conduct research to provide data on
the occurrence of pathogenic microorganisms associated with rainwater
roof-top catchments and to test the effectiveness of different treatment
technologies. The testing of treatment and disinfection technologies will
include a focus on reducing disinfection by-products which, as past
sampling of cisterns has si own, often exceed the trihalomethane MCL.
Based on the research findings the Region will determine the
appropriateness of requiring rainwater catchments to provide filtration and
disinfection (similar to the Surface Water Treatment Rule [SWTR] but with
different performance criteria and monitoring requirements). If necessary
the Region will propose alternate regulations for federal adoption and
adoption in the Virgin Islands. There is a small possibility that the Virgin
Islands would be required to adopt the federal SWTR. This would be the
case if any of the drinking water aquifers were directly fed by surface
water. The Region does not think that such conditions exist but will
investigate the possibility in FY-91 and FY-92. A national workgroup, which
will include representatives of Regions II and IV, states with rainwater
catchment PWSs and ORD, will be established this fiscal year.
The Region is also working with the National Sanitation Foundation to
deviiop a protocol for testing and approving roof and cistern coatings used
in rainwater catchments. EPA will work with Territorial agencies to regulate
the use of coatings which could contribute to chemical contamination of
the drinking water and to establish building code requirements for cistern
design and construction. One of the requirements the Region will promote
is the use of the first flush mechanism which reduces the contamination
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entering the cistern by diverting the initial runoff from the roof catchment
into a drain rather than into the cistern.
The Region will continue to work on developing and demonstrating low-
cost, low-maintenance treatment, and pollution prevention technologies
appropriate for Puerto Rico and the Virgin Islands.
D. Measures of Progress
Progress in reducing the risk of waterborne disease outbreaks will be
measured by tracking compliance with the Total Goliform MCL and, in the
case of the non-PRASA surface water systems in Puerto Rico, by tracking
compliance with the Surface Water Treatment Rule. In addition to those
surface water systems which install filtration and disinfection, any non-
PRASA surface system that switches to a ground-water source or which
accepts service from a PRASA facility will be counted as a system where
the risk of waterborne disease occurrence has been greatly reduced.
Other measures of progress to be considered are the establishment and
effectiveness of an organization responsible for implementing requirements
of the Total Coliform Rule and the Surface Water Treatment Rule, and for
implementing groundwater and watershed protection plans. For example,
the establishment of a circuit rider organization, which would assist with
maintenance and troubleshooting of a system, would represent progress in
reducing the risk of a waterborne disease outbreak.
Another important measure of progress is the degree to which the
communities take responsibility for their own drinking water systems, e.g.,
the assignment of responsibility for monthly coliform sampling and routine
maintenance to a trained member of the community.
II. OPERATIONAL PLAN
Implementation would be focused in the Region's Water Management
Division (WMD) with the assistance of its Caribbean Field Office (CFO).
Linkages/coordination will be pursued with other EPA, local or national
organizations involved in drinking water protection activities.
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A. FY-93 Activities
Puerto Rico
Continue to implement the non-PRASA enforcement initiative
(WMD-lead, CFO),
Establish a Rural Water Task Force (WMD-lead, CFO)
Develop the framework for a non-PRASA rural water authority
(WMD, CFO, the proposed Rural Water Task Force, other
federal agencies and Commonwealth of Puerto Rico
representation),
Draft a legislative proposal for authorization and funding of the
non-PRASA rural water authority (WMD, Rural Water Task
Force),
Expand the circuit rider and operator training program (WMD,
National Rural Water Association, etc.), and
Continue to implement watershed and groundwater protection
programs (WMD, CFO, Department of Health, Environmental
Quality Board).
Virgin Islands
Initiate monitoring program for microbial pathogens in the
Virgin Islands (WMD),
Develop regulations to address microbial contamination for
public water supply systems supplied by rainwater roof-top
catchments (WMD, Headquarters Office of Drinking Water),
Write and adopt a building code of regulations for roof and
cistern coating materials and cistern design and construction
(WMD, National Sanitation Foundation, Department of Planning
and Natural Resources, etc.), and
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Continue to develop and test alternative treatment technologies,
including an evaluation of UV disinfection (WMD, ORD).
B. Resource Implications
The Regional resources for this initiative will be provided from existing
program allocations which will be directed to achieve this geographically
targeted initiative.
Investment
Puerto Rico
Water Management Division 1 workyear
Caribbean Field Office 1 workyear
Virgin Islands
Water Management Division 1 workyear
Total 3 workyears
Contract Dollar Support
OW-funded National Rural Water Association grants: $100,000
(to support circuit riders in PR and the VI)
ORD research support: $30,000
Disinvestment
WMD: Regional enforcement against non-transient public water systems
in New Jersey, data verification and local community
development to foster the implementation of the SDWA (i.e.,
mobilization) in New York.
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CFO: No disinvestment required as resources are provided to support
these activities.
III. CROSS-CUTTING ISSUES
A. Integrated Planning
The Small Drinking Water Systems in Puerto Rico and the Virgin Islands
Initiative integrates pollution prevention into its plan by emphasizing the
use of proper cistern design and construction, including the use of safe roof
and cistern coating materials, routine maintenance of the systems and
watershed protection.
B. Poiic i-sues
The Small Drinking Water Systems in Puerto Rico and the Virgin Islands
Initiative may diverge from national policy by exempting rainwater roof-top
catchment systems from the SWTR. The SWTR may be inappropriate given
the nature of these systems. The adoption of a surface water treatment
rule that addresses roof-top catchment systems may be proposed by the
national work group.
The other policy issue inherent in the proposal is the eligibility of Puerto
Rico and the Virgin Islands for OW-funded grants to the National Rural
Water Association. At this time OW has not provided grants to Puerto
Rico and the Virgin Islands. This proposal relies in part on PR and VI
receiving such assistance.
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Region II FY-9
Scrategic'Plan
COASTAL WATERS INITIATIVE
I. STRATEGIC PLAN
A. Problem Being Addressed
The Coastal Waters Initiative addresses high/very high human health,
ecological and welfare risks for four environmental problem areas as
identified in the Regional Risk Ranking Project. These are non-point source
pollution, land-use changes affecting aquatic habitat, point source pollution,
and combined sewer overflows. For all these problem areas, the impact
on coastal waters was the dominant contribution to the "high" risk ranking,
further confirming the coastal waters programs as a priority. For example,
fish tissue data from coastal waters showed a "high" health level of
concern. The level of individual cancer risk from the ingestion of fish
ranged as high as 10"6 to 1CT4. In the welfare ranking, the large economic
losses in coastal fisheries were estimated to be so "high" as to justify, by
themselves, point and non-poir t sources as a high ranking problem area.
The four coastal waters to be addressed in this initiative are the Long Island
Sound, the New York/New Jersey Harbor, the Delaware Estuary, and the
New York Bight. These coastal waters, with the exception of the New
York Bight, are part of EPA's National Estuary Program. The Administrator
has convened Coastal Management Conferences to develop Comprehensive
Conservation and Management Plans (CCMP) which will determine how
the problems of these water systems can best be remedied. The highest
risk problem areas for each of these water systems will be addressed first
as identified by the ongoing Coastal Management Conferences.
B. Coals and Measurable Objectives
The goal of this initiative is to improve the water quality in each of these
four water systems, and to also preserve and enhance highly valued
habitats and wetlands in the Delaware Estuary.
Measurable objectives would include the implementation of action items
identified in the CCMPs, which are currently being developed for each of
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these four water systems. Examples of these action items for each water
area include:
Reduce nitrogen loadings to the Long Island Sound;
Reduce the number of days of beach closures and the number
of shellfish bed closures in the Sound-Harbor-Bight System;
Develop limits on the total amount of contaminant input that
can be discharged to the NY/NJ Harbor each day for metals
and organics (i.e., Total Maximum Daily Loads [TMDL]);
Develop a wasteload allocation model for controlling input from
each permit holder authorized to discharge effluent to receiving
waters;
Establish and implement a no-net-loss nf function policy for the
Delaware Estuary (e.g., distinctive habitats, wetlands).
C. Strategies and Policy Options
As noted above, each of the ongoing Coastal Management Conferences is
focusing on the area of highest risk for that water body. However, as the
Long Island Sound, NY/NJ Harbor and New York Bight, in many respects
function as a single ecosystem, and the regulated community will be
required to implement provisions contained in all three plans, inter-plan
coordination will be a high priority.
Building on the detailed analyses generated in the CCMPs and being
prepared under the auspices of the National Estuary Program, and on the
New York Bight Restoration Plan, this initiative will re-direct regional
resources to nigh ranking risk reduction activities in the four water systems.
D. Measures of Progress
Environmental indicators may include monitoring of fish and shellfish for
external fin rot and lesions (toxics), birds for reproductive success (toxics),
and dissolved oxygen (nutrients). Additional measures that would be used
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to assess the overall health of ecosystems include keeping track of the
acres of wetlands and near shore habitat lost each year (habitat
degradation), the number of beach closures each year (pathogens), and
acreage of shellfish beds closed each year (pathogens).
II. OPERATIONAL PLAN
The initiative will be implemented primarily by the Region's Water
Management Division (WMD), with assistance from the Environmental
Services Division (ESD), and Office of External Programs (OEP).
A. FY-93 Activities
Coordinate CCMP development and implementation (WMD);
Provide Quality Assurance/Quality Control (QA/QC)
evaluations, conduct coastal monitoring, and develop
analy jcal/bioassay methods in estuarine .id marine waters
across all media (sediment, fish tissue and water column) (ESD);
Provide outreach activities to the public, the press, and elected
officials. Specific activities include writing press releases;
preparing press briefings and conferences; providing testimony
at hearings; participating on the Public Education Committee
and public meetings (OEP);
Address nutrient and toxics loadings in the permitting and
enforcement programs; implement the Floatables Action Plan
and Beach/Shellfish Bed Closures Action Plan (WMD);
Plan and implement non-point source and nutrient control
programs (WMD);
Develop water quality based effluent limits for toxics (WMD).
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B. Resource Implications
Investments
Division/Branch Workyears
Water Management Division
Marine and Wetlands Protection Branch: 6
New York/New Jersey Municipal Program Branch: 5
Water Permits and Compliance Branch: 2.5
Water Standards and Planning Branch: 1.5
Office of External Programs 1
Total 16
** The amount of ESD investment has not been determined at this
time.
Disinvestments
Division/Branch Workyears
Water Management Division
Marine and Wetlands Protection Branch
will use 6 workyears currently provided for
coastal water studies as follows:
-NY Bight Restoration Plan 2.5
-Long Island Sound Study 1.5
-Delaware Estuary Program 1.0
-Near Coastal Water Position 1.0
New York/New Jersey Municipal Program Branch
Shift of construction grant resources to 3.0
support permitting/enforcement activities with
reduction in OWAS commitments
Geographic targeting of existing permitting 2.0
enforcement resources
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Water Permits and Compliance Branch
Geographic targeting of existing permitting/ 2.5
enforcement achieved through efficiency in State
ove , }-:ht
J
Water Standards and Planning Branch
Shift from Ocean Dumping Ban Act program 1.0
non-point source resources from non-coastal
areas 0.5
Office of External Programs
Focus of water program support to coastal 1.0
waters initiative
Total 16.0
** BSD disinvestments to be determined
III. CROSS-CUTTING ISSUES
A. Integrated Planning
Integrated environmental planning will be carried out across all program
media during the implementation of the CCMPs. Coordination of the
planning efforts involving all the Region's estuary programs is essential for
effective environmental management and to prevent conflicting or
duplicative regulatory controls. Emphasis will be placed on source
reduction, pollution prevention and the development of implementation.
agendas. Public involvement through the estuary program's Citizens
Advisory Committees (CAC) and public education are also continuing
means of addressing cross-cutting issues and promoting the exchange of
ideas.
B. Policy Issues
The proposed strategies for implementing this initiative do not represent a
departure from the current national policy.
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Region II FY-93
Strategic' Plan
TRANSPORTATION AND AIR EMISSIONS INITIATIVE
I. STRATEGIC PLAN
A. Problem Being Addressed
The Region II Risk Ranking Project ranked mobile sources of air pollution as
a "very high" priority in two of three categories, human health effects and
welfare impacts.
Motor vehicles are the single largest source of ozone (O3) producing
pollutants and of carbon monoxide (CO) in the Northeast. Both O3 and
CO have a deleterious effect on human health: O3 reduces lung capacity
and CO is a poisonous gas which interferes with the blood's oxygen
carrying ability. PM10 are solid particles less than ten microns in diameter.
These particles come from burning diesel fuel and are capable of carrying
adsorbed carcinogens deep into the lung.
B. Goals and Measurable Objectives
This proposal takes as its goal the reduction of mobile source emissions.
The exact magnitude of these reductions cannot be determined until the
State Implementation Plans (SiPs) required by the Clean Air Act revisions of
1990 are submitted. At this point, Region II estimates the reductions
needed to meet national ambient air quality standards as: a 45% reduction
in volatile organic compounds for O3 control by 2007, a 50% reduction in
CO by 1996, and a 20% reduction in PM10 by 1997. We estimate that this
strategy will contribute 15% of the required 45% VOC reduction, 25% of
the required 50% CO reduction, and 100% of the required 20% PM10
reduction.
C. Strategies and Policy Options
This proposal relies on implementation of three strategies: the
enhancement of state motor vehicle emission inspection and maintenance
(I/M) programs, the implementation of transportation control measures, and
the substitution of cleaner fuels for gasoline and diesel fuel. Together, the
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implementation of these three strategies applies progressive steps which
will help insure New York and New Jersey can ultimately reach and
maintain the air quality standards for Ov CO, and PM10.
Efforts to bring about near term improvements to the state I/M programs
will assure that excessively polluting motor vehicles are identified and
repaired. However, the I/M effort will only assure that each individual
vehicle is kept as clean as its design allows. Continued growth in vehicle
use (which has been about three percent annually in the New York City
metropolitan area) will overtake the benefit of cleaner cars. This is why
transportation control measures, the second strategy of this proposal is
needed.
Transportation measures affect the manner in which a vehicle is used;
techniques include traffic design, mass transit expansion and improvement
and lifestyle changes. Under this element such measures will be developed
and applied by the states to limit the growth in usage of conventional-
fueled vehicles. If successful, this will help to hold the line while more
ambitious measures (e.g., mass transit and cleaner fueled vehicles) can be
developed, funded and introduced.
The last strategy of this proposal is designed to lead, in the long term, to
the conversion to cleaner fuels of substantial numbers of gasoline and
diesel powered vehicles in the New York City metropolitan area. A
conversion of the vast majority of motor vehicles in the metropolitan area
will likely be needed to provide for the attainment and the long term
maintenance of the motor vehicle related air quality standards.
Implementation of this strategy will generate a demand for the
infrastructure (fueling facilities, service facilities) that will support the
introduction of cleaner-fuel vehicles in the general population.
D. Measures of Progress
SIP submittals will contain estimates of the emission reductions needed for
attainment. Actual reductions will come from the implementation of these
plans.
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I/M Programs:
Submittal of three SIPs by November 15, 1992 (New Jersey, New
YorK City metro area, and Upstate New York) for an enhanced I/M
program.
Maintenance of 95% compliance rate (i.e., 95% of the people that
should have stickers have them).
Transportation Control Measures (TCMs):
Submittal of two SIPs by November 15, 1992 (New Jersey and New
York City metro area).
Submittal of 10 Transportation Improvement Programs through 1993
(New York and New Jersey combined).
Number of TCM studies initiated.
Number of projects implemented.
Cleaner Fuels:
Submittal of one SIP by November 15, 1992 for a clean-fuel strategy
for buses that are operated in New York City.
Start-up of clean-fuel pilot programs in each state for fleet vehicles by
end of 1993.
Number of vehicles operating using clean fuels.
For all three strategies, SIPs will contain detailed yearly objectives from FY-
92 and beyond, each tracked through Agency accountability systems.
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II. OPERATIONAL PLAN
A. FY-93 Activities
State I/M Program
Work under this element will be directed toward providing technical and
programmatic advice and assistance to the state environmental and motor
vehicle agencies in their efforts to upgrade and expand existing programs.
To accomplish this, the Air Programs Branch will:
serve as-the technical conduit between EPA's Office of Mobile
Sources (OMS), other regions and states implementing similar
programs, and New York and New Jersey,
meet quarterly with each state to provide them with the direct
technical asJstanc^ needed to design the necessary program changes
and draft the regulations for their implementation,
perform at least one state program audit using established EPA audit
guidance,
develop and test specialized oversight activities that can be used to
track the states' progress in implementing and maintaining these
changes. Activities may include unannounced semi-annual program
reviews, monthly sticker surveys, and a computer interface with the
state I/M database.
Transportation Control Measures (TCM)
To improve air quality, EPA must establish standards to ease the burden of
congestion and excess emissions, based on the assumption that Vehicle
Miles Traveled (VMT) will remain constant or will increase. There are
various measures that can be implemented to relieve congestion or
improve traffic flow to lessen the health risks that result from areas of
dense traffic flow and minimal speed.
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For federally-funded transportation projects, the principal planning tool is
the Transportation Improvement Program (TIP). The TIP is a list of projects
that are identified for implementation in a given area by the agency
designated to conduct this planning, the metropolitan planning organization
(MPO). Any TCMs receiving federal funding must be contained in the TIP.
Strategies to implement TCMs must involve open communication between
the MPO, the state Department of Transportation, and others who will
implement the TCMs on the roadways. EPA must develop incentives that
will build a coalition to work closely and efficiently in solving transportation
related pollution problems.
To accomolish this, the Air Programs Branch will:
review the TIP in each metropolitan area in each state. (Currently
there are seven TIPs in New York and three in New Jersey that
would be affected)
review environmental assessment documents that are prepared for
appropriate projects in each state,
utiend at least one meeting of each MPO,
provide technical assistance on the design and evaluation of
transportation control measures,
run computer models to confirm the claimed impacts of
transportation plans and projects on emissions from motor vehicles in
each metropolitan area,
work with the states and MPOs to assure that transportation control
measures are selected for SIPs from the measures listed in the 1990
Clean Air Act,
provide technical assistance to New York and New Jersey to
implement the mandated program to increase vehicle occupancy rates
for work-related trips in severe ozone areas (expected to be
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implemented statewide in New Jersey and in the New York City
metropolitan area).
Cleaner Fuels
Work will be directed toward maximizing the number of clean fueled buses
that operate in congested areas New York City, assuring the early and
expanded implementation of the Clean Air Act's clean fleet provisions, and
working with the states toward implementation of a broad-based clean
vehicle program.
To accomplish this, the Air Programs Branch will:
serve as the Region II representative to clean fuel bus demonstration
projects in New York and New Jersey (currently 8) and the New
York City Alternative Fuels Task Force,
viJt each city that is operating a clean fuels bus program to meet
with the Urban Mass Transportation Administration (UMTA)
representative, regional bus operate^s, state and local transportation
agencies, state and local environmr--*al agencies, and health and
safety agencies (particularly local fire departments) to insure that
potential roadblocks to introducing clean fuels are identified and
eliminated,
work with the New York City Transit Authority in its test of 400
buses that are equipped with trap oxidizers, so as to be in a position
to recommend a national policy on the use of such particulate control
devices,
work with other federal agencies in Region II to establish the early
implementation of a clean fuels program for vehicles operated by the
federal government,
provide technical assistance to state agencies to develop programs for
service infrastructure and fleet conversions to clean fuels,
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provide assistance to New York City in its program to convert City-
owned vehicles to clean fuels,
provide technical advice and assistance to the states and to the
Northeast States for Coordinated Air Use Management (NESCAUM)
on ire - efforts to develop a clean fuel vehicle program for non-fleet
vehicles.
B. Resource Implications
In FY-91 Region II received $15,000 of contractor support to .further
develop this proposal. Funds are being used primarily to inventory
metropolitan vehicle fleets. Information on number, type and replacement
schedules for fleet vehicles can be used to estimate the effectiveness of
clean fuels introduction and to help market the concept. Contractor
support may also provide information on infrastructure costs.
In Ff-93, workyears for the three elements of this plan will increase above
current levels by two workyears, for a total of five workyears in the mobile
source area. The investments of these positions within the Air Programs
Branch will be as follows:
Workyears
State I/M Programs
TCMs
Cleaner Fuels
TOTAL
FY-91
1.05
1.30
0.65
3.00
FY-93
1.55
1.95
1.50
5.00
Change
+ 0.50
+ 0.65
+ 0.85
+ 2.00'
The 3 current mobile source workyears represent disinvestments from the
following areas: federal and state regulation development, NSR/PSD
program, state toxics program development, and support and development
of computer systems. The two additional workyears for FY-93 represent
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resources the Region anticipates receiving to implement the new Clean Air
Act revisions.
The Office of External Programs, Office of Regional Counsel, and the
Environmental Impacts Branch will provide assistance where necessary at
current resource levels (i.e., no shifts among allocated workyears).
III. CROSS-CUTTING ISSUES
A. Integrated Planning
The reduced energy consumption brought about by the conversion to
alternative, less polluting fuels will reduce environmental risks. This is in
accordance with the strategy identified for the energy and transportation
sector in EPA's Report to Congress on a Pollution Prevention Strategy.
EPA's "Six-Month Study" identified motor vehicle emissions as significant
sources of toxic emissions. This ^lan.will substantially reduce these
emissions in New-York and New Jersey.
B. Policy Issues
The substitution of domestically produced cleaner fuels for imported oil
may represent a departure from current national policy.
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EIIII
Region II FY-93
-Strategic Plan
SUBSURFACE HAZARDOUS WASTE TRANSPORT
SYSTEMS RELEASES
I. STRATEGIC PLAN
A. Problem Being Addressed
In older industrial areas such as New York and New Jersey, many industrial
facilities have been in existence for over 50 years. Such facilities often
have waste transport infrastructures which employed construction materials
and techniques that are outdated and have since been replaced by more
modern technology and materials in newer facilities. Moreover, the
generally accepted standards of construction at that time allowed a certain
amount : Joss through system joints and connections. While the
manufacturing processes at these facilities often have been modernized and
made more efficient in order to remain competitive, the same investment
has generally not been made in the waste conveyance systems used to
service these industrial processes. This proposal is based on the belief that
these systems, which include gravity and pressurized wastewater collection,
lateral and trunk lines or force mains and trap tanks, if not adequately
upgraded and maintained, allow significant releases of wastes to adjacent
soil and groundwater.
Such releases are of significance when industrial toxic wastes are involved.
The Region II Risk Ranking project ranked RCRA Subtitle C "high" priority in
two of three categories, combined human health effects and welfare
impact. Industrial sub-surface conveyance systems represent an unknown
but potentially significant portion of RCRA groundwater contamination
(which was a major contributor to the "high" risk ranking of this problem
area).
Industrial wastewater transport systems pose a special concern because
there is no existing regulatory standard that requires such systems to meet
minimum design and protection standards. The Clean Water Act regulates
the wastewater treatment provided and the quality of the effluent
discharged but does not address the collection and transport system.
Current RCRA program activities also do not address these potential
sources of hazardous waste releases. This proposal represents an
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innovative approach to preventing unregulated releases of hazardous waste
to groundwater by seeking to determine the extent of the problem and
then to remediate it.
B. Coals and Measurable Objectives
The overall goals of the proposal are to reduce or eliminate industrial
subsurface toxic releases and remediate the contamination of soil and
groundwater occurring from such systems.
The measurable objectives are:
To compile, on a region-wide basis, a universe of facilities that are
found to have subsurface industrial wastewater transport systems that
are substandard.
To determine, by facility, the sections (in feet) of industrial subsurface
conveyance systems with exfiltration of hazardous waste, to estimate
quantities of hazardous waste being released that will be prevented
through the upgrade of such systems.
To determine, by facility, the ambient concentrations of contaminants
in soil and groundwater prior to remediation and to measure to what
degree those concentrations are effectively reduced.
C. Strategies and Policy Options
The overall strategies of the proposal are:
To develop a set of criteria that targets facilities with a high potential
for subsurface contamination occurring from their waste transport
systems;
To identify and prioritize those facilities whose subsurface conveyance
systems are releasing hazardous waste and require upgrading;
To stabilize and remediate all contaminated areas within those sites
through Corrective Action orders or enforcement actions;'
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To enforce required upgrades of systems and to include pollution
prevention initiatives wherever feasible, especially during settlement
with facilities being enforced against; and
To include multi-media violations in enforcement actions.
D. Measures of Progress
A number of the above measurable objectives will be used to serve as
administrative measures of progress. The last two measurable objectives
will ser <~ as environmental indicators.
II. OPERATIONAL PLAN
A. FY-93 Activities
In order to insure the success of the proposal, and to best utilize the
expenditure of time in FY-93, it would be expedient to do the investigative
portion of the project prior to FY-93. The specific tasks to be
accomplished in FY-92 will be:
Develop criteria to identify appropriate facilities;
Compile a preliminary list of facilities that meet prescribed criteria;
Develop a line of inquiry to be used in RCRA § 3007 information
request letters, and a strategy for RCRA inspectors to follow during
routine or targeted Compliance Evaluation Inspections;
Issue RCRA § 3007 information request letters;
Review all information received and select a list of candidate facilities.
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FY-93 Activities
For the candidate facilities, conduct full RCRA generator Compliance
Evaluation Inspections (CEJ), including special emphasis on assessing
the type and quantity of hazardous waste generated and discharged
to the conveyance systems. Conduct limited conveyance system field
investigations (using manhole inspection or other inspection
techniques developed with the assistance of Water Management
Division) to bolster evidence obtained through RCRA § 3007
information request letter that releases of hazardous waste are
occurring.
Based on RCRA CEI and completion of limited multi-media inspection
checklists, determine whether full multi-media inspections should be
recommended.
Based on inspection results, as well as past and current compliance
v/ith existing consent orders or decrees, determine and initiate
appropriate enforcement response (administrative complaint or civil
referral).
In addition to correcting regulatory violations, Consent Orders or
Decrees will include compliance schedules to conduct engineering
studies, prepare plans and specifications, and construct a hazardous
waste conveyance system which meets no-release requirements.
Strong preference will be given to systems which are above ground,
or if below, are designed to be contained in conduits with access for
inspection purposes. Automatic alarm systems will also be required.
Corrective action will be required through the Consent
Orders/Decrees or under separate Corrective Action Orders.
As part of settlement negotiations, pollution prevention studies will be
required as appropriate. Consideration will be given to facility
compliance audits for the facility itself as well as other facilities owned
by the same corporation.
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B. Resource Implications
Resources for this project will be redirected from lower priority RCRA
enforcement and corrective action activities. Reduced enforcement against
land ban documentation and RCRA management violators will occur in
order to take action against a facility illegally disposing hazardous waste via
the type of releases mentioned above. Fewer corrective action orders will
be issued to facilities with non-continuing past releases in order to correct
continuing present significant releases.
Estimated resource investments are:
FY
ACTIVITY
WORKDAYS # OF TOTAL RESOURCE
ACTIONS WORKDAYS SHIFTS
FY 92 ISSUE 3007 LETTERS AWM 2
FY-93 GENERATOR
INSPECTIONS
AWM 3
25
AWM 50
AWM 21
LAND BAN
WARNING
LETTERS
NON-TCLP
GENERATORS
FY-93 SEWER ASSESSMENT AWM 5
AWM 35
STATE
OVERSIGHT
INSPECTIONS
FY-93
CONDUCT
RFA
PA/VSI
AWM 30
AWM 60
LOWER PRIORITY
CORRECTIVE
ACTION
FY-93 ISSUE NEGOTIATE AWM 80
CORRECTIVE OKC 55
ACTION
AWM 160
ORC 110
LOWER PRIORITY
CORRECTIVE
ACTION
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FY-93 ISSUE NEGOTIATE AWM 55
ENFORCEMENT ORC 25
ACTIONS
98
4
AWM 220
ORC 100
LOWER PRIORITY
ENFORCEMENT
ACTIONS
TOTALS
AWM 546
ORC 210
WORK YEARS
AWM 2.3
ORC 0.9
III. CROSS-CUTTING ISSUES
A. Integrated Planning
This proposal will follow the approach and hierarchy set out in the National
Pollution Prevention Strategy. The proposal will therefore target facilities
generating wastes included in the TRI target list of chemicals. In addition,
those facilities already addressed by the Agency's Industrial Toxics Initiative
will be identified to eliminate duplication of effort.
B. Policy Issues
This proposal offers an opportunity to address a potentially serious
environmental risk from industrial subsurface wastewater systems.
Historically, national policy has not concentrated on this type of
investigation. This project, therefore, offers an innovative means to identify
and act upon what is believed to be a significant environmental problem.
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II - rr-93
Stmigic Pl»»
ACTIVE HAZARDOUS WASTE GENERATORS AND
TREATMENT, STORAGE AND DISPOSAL FACILITIES
I. STRATEGIC PLAN
A. Problem Being Addressed
This plan affects active hazardous waste sites regulated under Subtitle C of
the Resource Conservation and Recovery Act (RCRA). Specifically, the plan
promotes waste minimization at generators and redirects emphasis of the
permitting/corrective action program at TSDs from statutory deadlines to
environ-;. -L .-.. -.Seance.
The Regional Risk Ranking Project identified the following risk levels for
RCRA Subtitle C facilities:
- Ecological Medium risk
- Human He*vs. High risk
- Welfare High risk
The primary risks posed by RCRA facilities to human health and the
environment are exposure to contaminated groundwater and surface water,
soil, and air releases.
B. Goals and Measurable Objectives
To reduce risks at RCRA facilities a two-pronged approach will be
established for the two major types of RCRA facilities - TSDs and
generators.
TSDs
Risks will be reduced by prioritizing the permitting process to address
higher risk sites first. Because corrective action is imposed through permit
issuance, remedial activities have tended to be driven by permitting
priorities (e.g., statutory deadlines), and not necessarily by environmental
benefit (e.g., new capacity or treatment) or significance (e.g., severity of
contamination).
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Initial measurable objectives for TSDs will be to:
Develop a prioritization system that includes risk reduction potential,
Use the prioritization system to rank facilities,
Permit 100% of the prioritized universe over a 4 to 5 year period,
Begin corrective action at sites in prioritized order,
Re-evaluate priorities based upon site-specific risk assessment of RCRA
Facility Investigation (RFI) data.
Generators
Region II plans to reduce risk by focusing on waste minimization efforts.
Measurable objectives for generators will be to:
Establish baseline levels of the generation of hazardous wastes and
releases.
' Decrease waste generation and TRI-reported releases at these
facilities by maximum achievable percentages based on efficacy of
current practices and technological constraints.
C. Strategies and Policy Options
For TSD prioritization, the strategy is to include both environmental
significance and environmental benefit into the ranking system.
For generators, the strategy is to more actively promote waste minimization
by review of reported activities with follow-up letters, meetings, and orders
(only as necessary). Given the current limited regulatory authority for
generators, Region II believes that further scrutiny and review of reported
waste reduction activities is the most effective way to reduce risk posed by
generators. This information can then be used to demonstrate the need
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for regulating this portion of the universe and for subsequent enforcement
actions.
D. Measures of Progress
TSDs
On a site-specific basis, determine quarterly and yearly a percentage of
reduction, from baseline year, in pollutant concentration found in soil and
groundwater and also assess risk reduction.
Determine »» overall percentage of reduction, from baseline year, in
po!! .:?- . ."ic.-nt.-ation in soil and groundwater and also assess average risk
reduction rrom baseline year.
Generators
Identify baseline waste amounts generated at selected sites, over the last
two Biennial Report submissions. Correlate with TRI data of same year as
the Biennial Reports.
(Note: Many of the FY-93 activities also, serve as proposed administrative
measures).
II. OPERATIONAL PLAN:
A. FY-93 Activities:
TSD Prioritization System
Under the Region II RCRA TSD Prioritization System, all RCRA TSDs
(i.e., 542 facilities) will be evaluated for environmental significance.
RCRA Facility Assessment (RFA) reports would provide qualitative, and
where available, quantitative assessment of the significance. The
environmental significance would be high when relative environmental
risks associated with releases from and/or contamination of facilities
are high. Where RFAs are not available, Region II will use the
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current Environmental Priorities Initiative ranking system. Region II is
also evaluating systems currently under development by the states.
Evaluate each facility for environmental benefits. Environmental
benefits accrued from permitting each facility would be evaluated on
the following criteria:
Source reduction/recycling/recovery (i.ev waste minimization)
Treatment (i.e., new technologies)
Incineration/landfill (i.e., new or expanded capacity)
Other factors (e.g., cross-media, TRI releases, geographic initiatives)
Based on environmental benefit and environmental significance, the
facilities would be ranked according to the following tiers:
Tier 1: High Environmental Significance
High Environmental Benefits
Tier 2: High Environmental Significance
Med./Low Environmental Benefits
Tier 3: Med./Low Environmental Significance
High Environmental Benefits
Tier 4: Low Environmental Significance
Low Environmental Benefits
Permit facilities based on the ranking.
Post FY-93 Activities would include:
Developing a site-specific risk assessment based on RFI data.
Implementing corrective action at permitted facilities.
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Generator Waste Minimization
Identify 250 generators (use industries for which Region II has
developed waste minimization information, e.g., metal finishing,
printing, circuit board, etc.).
Identify 50 candidates for in-depth investigation; develop criteria for
narrowing list. Such criteria would include high TRI releases, obvious
non-compliance with waste minimization activities, and extremely
large quantity generators.
Review Biennial Reports to assess waste minimization practices. Use
same criteria as those used to critique Waste Reduction Impact
Statements (WRISs) required in permits.
Respond to generator via letter, or meeting. Encourage facility
executives to adopt a pollution prevention/waste minimization
company policy, where national corporate policy does not exist.
Identify deficient Biennial Reports, and request additional information.
Use § 3008(a) request letters as needed.
- ire Information with other generators using similar processes.
Incorporate information gained into the Region's waste minimization
library; share information with other regions and EPA Headquarters.
Target up to 5 generators for enforcement action.
Compile information collected and provide recommendations to EPA-
HQ on how to reduce risks attributable to generators' poor waste
management practices.
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B. Resource Implications
TSDs
In FY-93, 1 workyear currently devoted to initial assessments (RFAs) will be
shifted to developing and implementing the TSD prioritization system.
Most work would be done within the Region's Hazardous Waste Facilities
Branch (HWFB); other groups that would be involved (if administrative
orders are issued as a result of reviews) are the Office of Regional Counsel
(ORC) and the Hazardous Waste Compliance Branch (HWCB). Superfund
currently has resources targeted for the Environmental Priorities Initiative
(EPI) and would continue this support. Assistance will also be provided by
the Environmental Services Division for use of TRI data. These last two
offices will provide support without significant resource shifts.
Generators
Region II proposes shifting 1 workyear into reviewing Biennial Reports in
FY-92, with an additional workyear the following year, for a total of 2
workyears in FY-93.
Concurrently, Region II would reduce i*.s resources for RCRA permitting by
2 workyears. This would be done by decreasing oversight of certain state
activities (e.g., storage permits). Given the quality of both states' (NY &
NJ) storage permits, it is not believed that decreasing oversight would affect
risk greatly.
III. CROSS-CUTTING ISSUES
A. Integrated Planning
For both generators and TSDs, input would be needed from other
programs to assist in prioritizing TSDs and identifying generators. Other
programs/divisions that would be involved include: the Environmental
Services Division, for Toxic Release Inventory data; the Water Management
Division, for aquifer protection or geographic initiatives; the Emergency and
Remedial Response Division, for EPI evaluations, Preliminary
Assessments/Site Investigations and site information.
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This proposal, with source reduction as one of its goals, is consistent with
the National Pollution Prevention Strategy. In addition, the Hazardous
Was* " reliance Branch will attempt to focus the source reduction
activities on facilities that are targeted under the Industrial Toxics Project.
This initiative also addresses the Corrective Action RCRA Implementation
Study (RIS) recommendations and current Corrective Action Workgroup
proposals, which are national program goals.
B. Policy Issues
The national program office (OSWER) has indicated that the 1992 statutory
permitting deadline for storage facilities will not be met; this plan assures
that those TSD facilities that are permitted are ones that pose the highest
potential for risk reduction.
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Region II FY-93
Strategic Plan
GROUNDWATER TASK FORCE
I. STRATEGIC PLAN
A. Problem Being Addressed
There is much that is required from the time that a Superfund site is listed
on the National Priorities List (NPL) until final remediation. Often, the time
that it takes to fulfill these many requirements works to the detriment of
the environment. In the time that passes from study to action,
contamination often spreads. This problem is particularly true of
groundwater contaminant plumes, where it can result in a greater public
health impact, further destruction of potentially valuable groundwater
resources and a more difficult, and therefore more expensive, cleanup
scenario.
Groundwater ingestion is the pathway of greatest impact on human health
for Superfund sites in Region II, and S .perfind sites are considered by the
comparative risk workgroup to be a nigh human health risk overall.
B. Goals and Measurable Objectives
Thia _:.M:e6,c initiative is intended to expedite the identification and
implementation of interim groundwater remedies early in the Remedial
Investigation/Feasibility Study (RI/FS) process; it is aimed at limiting
continued migration of contaminants from the most highly contaminated
areas. The focus of the strategy is to develop early action initiatives to
address groundwater contamination and to formulate a task force to
provide an organizational structure to support such early actions. By
pr~ - jir^ for the timeliest capture of groundwater contaminant plumes
possible, the initiative seeks to achieve three goals: to limit human
exposure to groundwater contaminants; to limit destruction of groundwater
resources; and to reduce the ultimate costs of the full remediation
objective, thereby unencumbering resources which can be used to address
risk from other Superfund sites.
A task force composed of staff dedicated on a full-time basis will be
established to assess the feasibility of undertaking early groundwater
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remedial actions on a site-by-site basis, by the start of the Fourth Quarter
FY-91. Currently, it is estimated that Region II will prepare five early action
Records of Decision (RODs) in FY-92 and an equivalent number of RODs
in FY-93. Implementation of early action initiatives is highly dependent on
the national funding prioritization scheme.
C. Strategies and Policy Options
Region II will establish a groundwater task force comprising members from
the Emergency and Remedial Response Division (ERRD) with support from
staff in the Water Management Division (WMD). The prime responsibilities
of the task force members will be to assist ERRD staff and managers in
identifying NPL candidate sites for early groundwater action, assist in the
development of focused feasibility studies, provide support for the
preparation of the ROD, and provide support for obtaining funding and
contractor assistance. An early effort will be aimed at identifying
impediments to early action at any stage in the process and recommending
alternatives for eliminating impediment (i.e., a TQM-type analysis).
The task force will provide technical and administrative expertise to regional
managers and project management staff and work with them to move
identified projects along in an expedited fashion.
D. Measures of Progress
The plan will establish feedback loops from the Remedial Project Manager
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measure of progress will be the issuance of additional RODs. Outyear
RD/RA starts should also show an increase.
II. OPERATIONAL PLAN
A. FY-93 Activities
In order to implement this strategy a number of activities and tasks will be
undertaken:
The Croundwater Task Force, comprising ERRD staff with support
from WMD staff will be established and a "charter" of its
responsibilities will be documented to clearly define its role.
Members will be both technical (e.g., hydrologist/risk assessor) and
administrative (contract management);
The T?sk Force will develop a set of criteria and data elements which
will jo used to assist staff and managers in identifying NPL candidate
sites for early action initiatives;
The Task Force, in conjunction with ERRD staff and supervisors, will
evaluate the necessary information to select and prioritize sites for
early action;
ERRD senior management will interact with their Headquarters
counterparts and Regional senior management to facilitate the process
(primarily the decision-making and funding portions of the process)
and to ensure the success of the program;
The Task Force will monitor implementation of the selected remedy
from a technical and process viewpoint and will evaluate procedural
aspects for overall planning and management;
The process will be continually evaluated within the Task Force group
and periodically evaluated (at set intervals) with ERRD senior
management to identify areas of concern and improvement.
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It is anticipated that the groundwork for this strategy will be completed in
FY-91 and that RODs can be prepared starting in FY-92. Start of Remedial
Action at these sites is dependent on the national funding prioritization
scheme. Providing a "pipeline" of candidate sites is essential to the funding
process. (The President's FY-92 budget stressed remedial action as a
Superfund theme.)
B. Resource Implications
The resource investment is still being evaluated at this time, but it is
envisioned that 4-5 workyears will be required to provide the necessary
support to the strategy. At least 2-3 workyears would be "standing"
members of the task force (hydrologist/risk assessor/contract specialist)
with additional workyears needed for supervisory .support and to account
for the role of the RPM in the process. Thus, for any one particular
remedy selection process, 2-3 "standing" members of the Task Force plus
1-2 "ad hoc" members (RPM, ERRD supervisor, community relations
specialist, WMD support, Office of Regional Counsel [ORC] suphort) of the
task force would be required.
The Superfund National Program Office has recently indicated that an
additional level of funding may be available to support implementation of
"Low Cost" remedial actions. At this time it is projected that each action
would require funding of $50-$100,000 for development of a focused
feasibility study and another $1-2 million to implement the remedy (e.g.,
groundwater pump and treat). As each Superfund site is unique, these
figures represent a best estimate based on current program knowledge but
site costs may vary widely. However, workyear resources should remain
in the current projected range. Longer-term savings (as a result of early
plume treatment and reducing plume spread) cannot yet be estimated.
Resource disinvestment encompasses the reprioritizing of Superfund work.
Efforts in other areas may be delayed, such as comprehensive RI/FS, or
ROD reviews due to the redirection of technical workyear resources. The
Regional Superfund advice-of-allowance will also be affected since funding
to conduct the focused studies will be drawn from this limited budget. (As
noted above, funding for "Low Cost" remedy implementation may be
available from Headquarters; such funding may also undergo national
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Ill
queuing for prioritization due to limited national funds for remedial action).
One other area of disinvestment is the "burden" placed on the Regional
infrastructure in the remedy selection process. The impact on the RPM,
ERRD supervisor, ERRD management, support groups (ORC, WMD, Air and
Waste Management Division, Environmental Services Division) and Regional
senior ma-Cement is yet to be gauged as more RODs may be entering
the RegLiii. -scision-making infrastructure.
III. CROSS-CUTTING ISSUES
A. Integrated Planning
By taking early action on groundwater contamination problems, it is
expected that other environmental resources (such as flora, fauna, iquatic
life and other natural resources) will be positively impacted. Stopping the
spread of a contaminated plume will result in an overall protection of the
potentially affected ecological media. Early treatment will result in longer-
term cost reduction (for ultimate remedial action) and safeguarding drinking
water supplies (a positive impact on well-head protection). The strategy
should meet with favorable community reception.
B. Policy Issues
The National Program Office and National Contingency Plan both support
the concept. [Refer to recent HQ OSWER guidance: Guidance on
Remedial Actions for Contaminated Groundwater at Superfund Sites -
EPA/540/6-88-003,12/88 and NCP Section 300.430(a)(i)(3/8/90]. One
other policy concern is the role of the states in this process. We need to
ensure that states are fully on-board with early action initiatives and fuHy
understand that these remedies do not represent the "final" site remedy.
EPA needs assurance from the states that institutional or legal issues (such
as point of discharge or ARARs compliance) do not become impediments in
the process.
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II FY-93
Strategic Plan
NON'NPL SITE MULTI-MEDIA ENFORCEMENT
I. STRATEGIC PLAN
A. Problem Being Addressed
On at least four occasions, the Region jl Emergency and Remedial
Response Division (ERRD) has encountered hazardous waste scenarios
which present an unacceptable risk to public health or the environment,
yet these sites do not qualify for a fund-financed response. Nevertheless,
ERRD has, where practical, encouraged the abatement of such risk through
the use of two mechanisms: 1) the negotiation and execution of
agreements with potentially responsible parties (PRPs); and 2) the issuance
of unilateral orders under § 106 of CERCLA against PRPs. Both of these
tools are especially effective when the Agency has a strong liability case
against the PRPs and is prepared to enforce the agreement or unilateral
order in order to achieve the intended response action.
The problem usually arises when the site presents an unacceptable risk, yet
for whatever reason, is not eligible for inclusion on the National Priorities
List (NPL;. Some .sites which have fallen within the Region's "non-NPL
strategy" did not qualify for NPL inclusion because they were not located
within the requisite proximity to a public water supply intake. Others
might have passed the necessary threshold for NPL inclusion, but a
particular policy in effect at the time precluded the site's NPL-listing, e.g., a
preclusion against listing wellfields on the NPL.
In the four previous instances, we were able to successfully address the
risks posed by the sites because three key criteria were met: 1) the
Region was able to confidently make an imminent and substantial
endangerment determination; 2) the Region had a strong liability case
against the PRP; and 3) the PRP was viable, and was able to implement the
necessary response action. In addition, in all cases, the Region
painstakingly provided for public participation, so as not to circumvent the
protections and safeguards which accompany adherence to the Remedial
Investigation/Feasibility Study (RI/FS) procedure.
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B. Coals and Measurable Objectives
The goal of the Region's non-NPL strategy is cleanup of those sites where
despite the unavailability of the Fund, EPA effort can result in complete site
remediation by PRPs.
The objective of the non-NPL strategy is to have enforcement instruments
and/or response actions implemented at three non-NPL sites (which fit the
criteria discussed in the previous section) during any fiscal year.
C. Strategies and Policy Options
Candidate sites/areas will be identified during routine operations. Once a
potential candidate is identified, ERRD will coordinate with other EPA
regional program offices to determine whether the site may best be
addressed using the authority of other regulatory programs. If the
candidate site cannot be addressed by other programs, ERRD management
may pursue use of the non-NPL strategy. The remediation of these areas
would be designed to mirror the relevant aspects of the CERCLA remedial
process. Two examples can illustrate two different scenarios in which this
strategy has been successfully employed in the past: to effect a multi-
media, area-wide clean-up and to extend a clean-up beyond an initial
removal action.
The Reynolds Metals Company and the Aluminum Company of America
(ALCOA) sites together are an example of the use of the non-NPL strategy
to effect an area-wide, multi-media cleanup. These non-NPL sites are -
located on the St. Lawrence River, immediately upriver of the General
Motors - Central Foundry Division (C.M.) Superfund Site in Massena, New
York. The G.M. Site is an NPL Site.
Originally, New York State requested that the entire St. Lawrence River
system in the area of Massena, New York be listed on the NPL. The
Region analyzed the two sites, but determined that neither site could be
listed on the NPL. The Reynolds facility was RCRA regulated and therefore
ineligible for inclusion on the NPL under EPA's current guidelines, and the
ALCOA facility's preliminary hazard ranking score would not qualify it for
inclusion on the NPL. The Region was cognizant of the fact, however, that
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these sites presented unacceptable risk and needed to be addressed
through some mechanism. In addition, from an engineering perspective,
the Region determined that remediation of the upriver sources (AICOA and
Reynolds) should precede river work at the down-river (G.M.) facility.
EPA issued Unilateral Administrative Orders (UAOs) to ALCOA and
Reynolds under section 106 of CERCLA. The work sections of these orders
complement the work being performed by C.M. under a 1985
Administrative Consent Order.
EPA had been made aware that New York State, in the context of natural
resource damage assessments, had invited G.M., ALCOA and Reynolds to
investigate and remediate the St. Lawrence River system, so as to mitigate
the companies' natural resource damage liability. These invitations were
rejected. Presuming a lack of consent, and therefore, determining that use
of the procedures set forth in section 122 would not facilitate an
agreement, EPA issued unilateral orders against these companies.
These UAOs ordered the investigation and remediation of the Reynolds and
ALCOA river system contamination only. New York State, under its own
Consent Agreements and the State Pollutant Discharge Elimination System
(SPDES) ore : . is overseeing remediation of upland areas at Reynolds and
ALCOA . ...- .. through the traditional NPL process, is overseeing
remrc :: en of the C.M. facility and the areas of the river system adjacent
to it. Thus contamination of the entire St. Lawrence River system near
Massena is being addressed, though the entire area is not listed on. the
NPL. EPA estimates that the value of the work to be performed by ALCOA
and Reynolds pursuant to the UAOs will amount to approximately $50
million. ALCOA and Reynolds are presently complying with the UAOs.
The cleanups require coordination with the NPDES and SPDES programs,
the TSCA program, and the RCRA program.
Another example of the non-NPL strategy is the Wallkill Well Field Site in
Wallkill, New York. This site began as an emergency removal action,
performed by EPA. During the course of the removal, EPA identified a
PRP, the General Switch Company, and negotiated a consent order
therewith for the performance of the removal action with EPA oversight.
At the successful conclusion of the removal action, EPA attempted to have
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116
the site listed on the NPL, so that it could later negotiate remedial action
with the PRP. However, the site was deemed a wellfield, and, pursuant to
a policy which precludes NPL-listing of wellfields, the site did not become
an NPL site.
The Region was owed approximately $1 million for past response and
oversight costs expended during the removal action. The Region filed a
complaint against General Switch in which it sought recovery of its costs,
and a declaration of General Switch's liability for future response costs. In
exchange for forgiveness of some of the past costs, General Switch agreed
to implement a Remedial Design/Remedial Action (RD/RA) at the site. The
Region estimates that the value of such an RD/RA is approximately $4
million. General Switch's agreement was embodied in a § 122 consent
decree.
D. Measures of Progress
The progress of t,,e non-NPL strategy would be measured against the
environmental indicators for NPL sites which include: progress toward
achievement of human health and ecological goals for a medium; reduction
or elimination of immediate health threats; and the amount of waste
treated, removed, and contained.
In addition, the Region would report on its administrative STARS measures
in the same manner as NPL sites. For example, the Region would report
on any Records of Decisions signed, or remedial designs started for non-
NPL sites that fiscal year.
II. OPERATIONAL PLAN
A. FY-93 Activities
Non-NPL strategy Site activities could include the following: negotiating
enforcement agreements and/or the issuance of administrative orders;
initiation of remedial investigations and feasibility studies; issuance of
Records of Decision; and commencement of remedial designs and remedial
actions.
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117
B. Resource Implications
This project will include an investment of approximately 3 workyears
(based upon current workload) and $450/000 in extramural funds for
contractor oversight of PRPs. The disinvestment of resources will come
from those invested in NPL activities. Thus, for the non-NPL strategy to be
effectively implemented there must be a reduction of NPL STARS targets
for the Region. This reduction will be comparable to the outputs that will
be achieved for the sites that are part of this strategy. The extramural
funding will come from the Region's enforcement budget which may result
in less monies available for NPL sites. This funding could come from within
the Region's budget, or from the national total.
This disinvestment from NPL work will not result in significant increases in
risk to ecology or human health. The disinvestment will mean lengthening
the timeframe for completing a^ons at some NPL sites, but the risk
increases will be minimal since ihese sites will be subject to standard
imminent hazard/containment requirements. Similarly, the amount of
money to be used is small in comparison to the Region's total Super-fund
budget, yet the risk reduction benefits could be great.
III. CROSS-CUTTING ISSUES
A. Integrated Planning
The n?n-NPL strategy could potentially address multi-media groundwater
issues, or target a geographic area for hazardous waste clean-up.
B. Policy Issues
This initiative does depart from the concept of a National Priorities List as
identified by Congress in the Superfund legislation. However, it must be
recognized that there are some sites that present a risk to the public health
and the environment that may not be NPL eligible for various reasons.
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Region II - FY-93
Strategic Plan
REDUCING RISK OF TOXIC RELEASES AND IDENTIFYING
HAZARDOUS FACILITIES ON A GEOGRAPHIC BASIS
I. STRYFEGIC PLAN
A. Problem Being Addressed
Preventing uncontrolled releases of hazardous substances is a major
component of the Superfund program. Program resources are used to
address the most serious public health and environmental threats. The risk
associated with time critical hazardous waste cleanup actions are high
because most actions are conducted at abandoned facilities where
hazardous materials have been illegally disposed of, or the hazardous
materials on-site are improperly stored and the containers have
deteriorated The results of such conditions can be fire/explosion with
direc. :: ..,- ;nreats of toxic/hazardous materials or other releases which
threaten ecology, human health and welfare.
The level of risk associated with this problem area is increased by current
practices of small chemical businesses that abandon their facilities without
notice to local or state authorities. A significant number of emergency
hazardous waste cleanups performed within the past few years were
conducted at abandoned small chemical businesses. Normally left behind
are numerous drums, vats, tanks, lab pack materials, cylinders and other
containers of hazardous substances, most of which are in deteriorating
condition, often leaking and stored near incompatible substances. Longer
time periods between abandonment and removal generally increase the
level of risk. Also, recovering the cleanup costs at these sites is difficult
because most of the companies have been involved in bankruptcy actions
prior to EPA involvement.
B. Coals and Measurable Objectives
The primary goal of this proposal is to reduce the need for federal
response to abandoned sites. This goal can be achieved by an increased
emphasis on civil and criminal enforcement and through publicizing
enforcement success. It can also be enhanced by discovering potential
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120
removal candidates at an earlier stage so that action can be taken to
address the most significant threats.
Achieving this goal will provide many tangible benefits. By demonstrating
the incentives to responsible cleanup and closure of sites the Region can
direct removal resources to address other high risks. Identification of
priority operating and abandoned facilities will enhance our ability to
address the financial responsibility and capabilities of responsible parties to
effectively clean up their sites. Working with Local Emergency Planning
Committees, State agencies, OSHA and EPA regulatory programs will focus
attention on the high priority sites, preventing future human health threats.
The objectives of this proposal could be measured by the cost for removals
paid by the responsible parties. Interim objectives include making chemical
companies aware of the penalties they face for abandoning sites by
publicizing successful enforcement actions, identifying potential future
removal sites and improving communication with state and local authorities
that can help address potential health threatening hazardous sites.
C. Strategies and Policy Options
The focus on enforcement actions will involve strategic choices of sites
located throughout the Region. Choices for enforcement will also include
those that will attract media attention.
Federal removal responses are normally initiated by requests from state
authorities. Region II, however, would like to define a geographic universe
of businesses which may potentially pose a threat to public health and the
environment to ensure that the highest priority sites are being addressed.
A review and status of chemical companies in a specific universe will give
Region II the opportunity to identify facilities that are not complying with
RCRA, TSCA, Clean Air, Clean Water and State regulations. Knowing the
current status of facilities will enable Region II to address the potential for
future toxic releases.
The Emergency and Remedial Response Division will seek to improve
coordination efforts with a number of other groups. Local Emergency
Planning Committees and participating agencies can be tapped to provide
information about facilities that utilize hazardous substances. Information
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121
on past violators can be obtained from other divisions in Region II and
from the Occupational Safety and Health Administration. Toxic Release
Inventory data can be utilized to identify facilities failing to report emissions
and therefore having the potential for abandonment.
D. Measures of Progress
Progress would be measured in the short term by noting the number of
facilities that are properly addressing cleanup activities. The strategy
encompasses a long range program that is designed to reduce the need to
use Superfund to effect hazardous waste cleanups. The standard
environmental indicators that are employed to document cleanup activities
could be used to measure accomplishments. The number of facilities that
have successfully implemented financial responsibility requirements (if that
tool is available) will be an indication of future compliance.
II. OPERATIONAL PLAN
A. FY-93 Activities
Activities will include developing inventories of abandoned sites and those
sites with high potential for abandonment, investigating relative risks
throu£ siie assessments, determining viability of responsible parties and
notification and commencement of enforcement activities at target sites.
The target sites will be selected to provide public exposure to help
promote the programs. Specific activities will include:
- Developing civil and/or criminal cases to address abandoned sites in
order of priority.
- Publicizing successful criminal and/or civil cases to make other potential
violators aware of the consequences of such actions.
- Working with Local Emergency Planning Committees to identify facilities
that utilize hazardous substances and compiling information about their
operations (local fire code violations, categories of chemicals, etc).
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122
- Working with OSHA to identify facilities that present human health
threats through their operational techniques.
- Coordinating with other divisions in the Region to identify target facilities
that could be addressed through facility inspections.
- Evaluating, analyzing and ranking the degree of threat posed by sites that
are identified.
- Undertaking responsible party searches at abandoned sites.
- Working with Local Emergency Planning Committees to inform the public
of pending threats and compliance action activities to address those threats.
Other specific activities can be developed if additional tools are made
available to address sites that will cause toxic releases (e.g., promulgation of
§ 108 regulations, expanded Superfund authorities, etc).
B. Resource Implications
The full measures of resource implications will not be known until the
available tools are fully developed. Subsection 108 regulations would
require additional resources to ensure compliance (similar to the RCRA
Financial Responsibility programs) as the affected community will be large.
Technical and legal resources will be necessary to develop both civil and
criminal cases with the addition of Department of Justice resources to
prosecute. The need for contract monies and workyears must be refined
through experience. Activities will begin in FY-91. FY-93 estimates follow:
- Case Development - 1 workyear technical and 1 workyear legal for 25
cases strategically located throughout region. (The increase in activities for
the Office of External Programs will be very small.)
- Identification of facilities - significant local resources (LEPCs, Fire
Department, etc.) with 1 EPA workyear to explain and encourage the
program.
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123
- Compilation of data base for universe of facilities - contract resources.
$50,000 or 0.5 workyears.
- No estimate has been developed for implementation of Subsection 108
regulations as these activities would presumably be incorporated into
program activities.
Implementation of the proposed program will require adjustment in the
regional workplan as follows:
Enhance enforcement
Devoting one workyear of OSC activities will reduce the number of
removal actions performed by 2 (no SCAP adjustment necessary).
One workyear of civil/criminal legal activities will be lost to other
Superfund programs (adjustments will be made during SCAP
negotiations).
Identification of Facilities/Facility Database
This activity falls within the technical assistance outputs. It will be
addressed with Title III workyears/AARP personnel. Contract monies
will be sought from the CEPP office. A mechanism already exists to
adjust commitments for other priority activities within the CEPP
program.
It should be noted that the proposed program could be initiated on a
limited scale with a significant reduction in the required resources.
III. CROSS-CUTTING ISSUES
A. Integrated Planning
A properly designed financial responsibility program would take advantage
of free market inducements such as the ability of owners and/or insurers .
to cleanup more economically when facilities are closed (deteriorated
containers and aged chemicals are more expensive to remediate). Ancillary
benefits would be realized through the development of an inventory and
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124
knowledge of facilities by Local Emergency Planning Committees.
Information generated would be of use to various EPA and OSHA
regulatory programs designed to control and prevent toxic releases. TRI
data may prove useful in this new area.
B. Policy Issues
The proposal is consistent with and enhances the EPA enforcement-first
policy. It will encourage responsible parties to undertake cleanup activities
without resorting to use of the fund. The strategy would be greatly
enhanced by promulgation of financial responsibility regulations which
would represent a change in national policy. It should be noted the
CERCLA Subsection 108 requires that financial responsibility regulations be
promulgated five years after enactment, in 1985.
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Appendix B
A Summary of FY-93
Strategic
Investments and Disinvestments
-------
The Multi-Media Aquifer Protection Project
Investment
Activities
1. DEV. LOCAL GW MGMT &
WELLHEAD PROT. PLANS
2. DEV. GW EDUC. MTRL
3. INVENTORY/ENF. UIC
FTE
1.8
0.6
(0.1)
2.6
4. PWS ENFORCEMENT/MOBILIZATION 1.1
5. INVENTORY SPCC FAC.
6. CONDUCT SF REMEDIAL WRK
IN AQUIFER
7 RCRA PERMIT/ENF.
8. UST INVENTORY/ENF.
9. AIR SOURCE INVENT/ENF.
0.6
---
3.1
Program Area
GROUND WATER MGMT.
SCS - IPA
PESTICIDES
UIC
PWS
OIL SPILL
SUPERFUND
RCRA
UST
AIR
Disinvestment
Activities
1. GEOGRAPH?" TARGETING
GW/WELLHEAo ACTIVITIES
2. ONGOING WORK(NO DIVEST.)
3. GEOGRAPHIL "ARGETING
UIC ACTIVITIES
4. GEOGRAPHIC TARGETING
5. GEOGRAPHIC TARGETING
6. ONGOING WORK(NO DIVEST)
7. LOWER PRIORITY ENF/CA
8. REDUCE STATE OVERSIGHT
9. GEOGRAPHIC TARGETING
FTE Prog ran Area
1.8 GROUND WATER MGMT.
0.6 SCS - IPA
2.6 UIC
1.1 PWS
0.6 OIL SPILL
SUPERFUND
RCRA
3.1 UST
AIR
Implement In
Divisions
WMO/DGWP
WMD/USPB
ESO/PTSB
WHD/DGWP
WMD/DGWP
ERRD
ERRD
AWM/HWCB
AWM/HWPB
AWM/ACB
TOTAL: 9-8
Note: The bracketed FTEs are not included in the Total.
9.8
-------
The Multi-Media Project for Risk Reduction in the Great Lakes Initiative
Investment
Act iwit ies
1. DEVEL./IHPLHENT.
TOXIC PLANS
Z.. ANT1DEGRADATION
3. CONTAMINATED SEDIMENT
4. NPDES ENF/PERMITTING
5. NPL REMEDIATION/POLL. PREV.
6. AIR ENF/POL. P. FOR TOXICS
7. FAST TRACK RCRA
8. UST FACILITIES
9. LONG TERM MONITORING;
TOXICS IMPLMNT. PLAN
10. FEDERAL FACILITIES COMPL.
TOTAL:
FTE
5.0 EXIST
3.0 NEW
2.0
1.0
2.5
1.0
1.5
2.6
0.6
2.0 exist
2.5 new
0.25
24.0
Program Area
GLNPO(2)/SF(3)
GLNPO(3)
UQ STANDARDS
OCEAN DUMPING
UQ ENFORCEMENT
UQ PERMITTING
SUPERFUND
AIR ENF
RCRA PERMIT/ENF
UST
UQ MONITORING
UQ MONIT/GLNPO
FEDERAL FACILITIES
Disinvestment
Activities
1.
2.
3.
4.
5.
6.
7.
8.
9.
10.
CONTINUE SF GEOGRAPHIC
TARGETING FOR GLNPO ACTIV.
OCEAN DUMPING BAN
GEOGRAPHIC TARGETING
OF WQ STD.
OCEAN DUMPING BAN
GEOGRAPHIC TARG. OF ENF/
PERMITTING ACTIVITIES
REDUCE CONST. GRNT. ACTIV.
GEOGRAPHIC TARGETING
RULE EF. _CT. REV. &
GEOGRAPHIC TARGETING.
GEOGRAPHIC TARGETING
GEOGRAPHIC TARGETING
GEOGRAPHIC TARGETING
GEOGRAPHIC TARGETING
(18.5 EXISTING)
( 5.5 NEW
)
FTE
2.0
3.0
3.0 NEU
1.0
1.0
1.0
1.5
1.0
1.0
1.5
2.6
0.6
2.0
2.5 NEU
0.25
24.0
Progra* Area
GLNPO(2)
SF(3)
GLNPO(3)
ODBA
UQ STANDARDS
OOBA
UQ ENF.
CONSTRCT. GRANTS
SUPERFUND
AIR ENF.
RCRA PERMIT/ENF.
UST
UQ MONITORING
UQ MONITORING GLNPO
FEDERAL FACILITIES
Implementing
Divisions
UMD/DO/NFPO
UMD/USPB
UMD/MUPB
WMD/UPCB
WMD/NY/NJMCE
ERRD
AWM/ACB
AWH/HWF
AUM/MUP
ESD
OPM/EIB
(18.5 EXISTING)
( 5.5 NEW
)
* FULL PROJECT IMPLEMENTATION DEPENDS ON RECEIPT OF 5.5 ADDITIONAL FTE.
-------
The Caribbean Distinctive Habitats Initiative
Investment
Activities
1. CHARACTERIZE HABITATS
2. IDENTIFY NON-POINT
SOURCES AND IMPACTS
3. DEVELOP LONG-TERM
MONITORING PLAN
FTE Program Area Disinvestment
Activities
COASTAL ENVIRONMENTAL MGMT. 1. REDUCE 301 (H) POST-WAIVERS
2. REDUCE 403(C)
2.0
FTE Program Area Implementing
Divisions
2.0 COASTAL ENV. MGMT. WMD/WSPB
ESD MONITORING
4. COORDINATE ICC
5. REVIEW LOCAL EAS
WORKSHOPS
0.25
0.25
COASTAL ENVIRONMENTAL MGMT. 3. WATER PROGRAM MGMT.
NEPA COMPLIANCE
6. FIFRA RULE (0.1) PESTICIDES
TOTAL: 2.5
Note: The bracketed FTEs are not included in the Total.
4. EAS NY/NJ
5. ONGOING WORK (NO DISINV.)
0.25
0.25
2.5
COASTAL ENV. MGMT.
NEPA
CFO
OPM/EIB
ESD/PTSB
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The PRASA Compliance Initiative
Investment
Activities
FTE Program Area
Disinvestment
Activities
FTE Program Area
Implementing
Divisions
1. ENHANCE COMPLIANCE 2.5
ENFORCEMENT ACTIVITIES
RE: PRASA
2. WORK WITH LOCAL 1.5
AGENCIES
3. DEVELOP ACTION PLAN
TOTAL: 4.0
CONSTRUCTION GRANTS/
PERMITTING/ENFORCEMENT
WATER LEGAL SUPPORT
1. SHIFT EXISTING CONSTRUCTION
GRANTS. ENF. & DRINK WATER
FTEs TO GEOGRAPHIC FOCUS
2.5
1.5
4.0
CONSTRUCTION GRANTS/
PERMITTING/ENFORCEMENT
WATER LEGAL SUPPORT
WPC/DGWC
OPM/GRA
ORC/WGGL
-------
The Virgin Islands Compliance Initiative
Investment
Activities
1. ENHANCE COMPLIANCE
ACTIVITIES (PERMITTING/
ENFORCEMENT)
2. DEVELOP ACTION PLAN
3. SEEK ADDITIONAL
' FUNDING FROM BUDGET/CWA
FTE Program Area Disinvestment
Activities
1.5 CONSTRUCTION GRANTS/ 1. GEOGRAPHIC TARGETING
PERMITTING/ENFORCEMENT OF EXISTING RESOURCES
TO THE VI
0.5 WATER LEGAL SUPPORT
FTE Program Area Implementing
Divisions
1.5 CONSTRUCTION GRANTS UMD/CMPB
OVERSIGHT/PERMIT/ENF. OPM/GRA
0.5 WATER LEGAL SUPPORT ORC/WGGL
TOTAL:
2.0
Z.O
-------
The Drinking Water Compliance Initiative
Investment FTE Program Area
Activities
1. PUERTO RICO NON-PRASA 2.0 DRINKING WATER
ENFORCEMENT ACTIONS
2. VI REGS DEVELOPMENT 1.0 DRINKING WATER
fn ?R1* nU/DRINIONK UATFD
Disinvestment FTE Program Area
Activities
1. REDUCE NJ TRANSIENT 1.0 DRINKING WATER
EFFORT
2. EXISTING CFO RESOURCES 1.0 DRINKING WATER
3. REDUCE NY MOBILIZATION 1.0 DRINKING WATER
Implementing
Divisions
WMD/DGWC
CFO
WMD/DGWC
nu.un
TOTAL: 3.0 3.0
'Proposal anticipates 0.25 FTE of OW-HQ support for regulation development.
-------
The Coastal Waters, initiative
Investment
Activities
1. DEVEL. /IMPLEMENT
COASTAL PLANS
2. ADDRESS NUTRIENT/TOXIC LOADS
3. NON-POINT SOURCE/NUTRIENT
CONTROL
4. DEV. WQS FOR TOXICS
5. OUTREACH
6. QA/QC PLANS
FTE Program Area
6.0 EXIST ESTUARY/COASTAL PROG
3.0 NPDES PERMIT/ENF.
2.0 NPDES PERMIT/ENF.
2.5 NPDES PERMIT/ENF.
1.0 OCEAN DUMPING
0.5 WQ STDS
1 . 0 OCEAN/COASTAL
* WATER PROGRAM SUPPORT
Disinvestment
Activities
1. ONGOING
REDUCE CONSTR GRNT. ACTIV.
GEOGRAPHIC TARG. NPDES ACTIV.
2. GEOGRAPHIC TARGETING
REDUCE STATE OVERSIGHT
3. REDUCE OCEAN DUMPING BAN ACT.
4. GEOGRAPHIC TARGETING
5. ONGOING
6. OTHER QA/QC ACTIVITIES
FTE
6.0 EXIST
3.0
2.0
2.5
1.0
0.5
1.0
*
Program Area
ESTUARY/COASTAL PROG
CONSTR. GRNT
WQ ENF/PERMITTING
WQ ENF/PERMITTING
ODBA
WQ STDS
OCEAN/COASTAL
QA/QC/WATER SUPPORT
Implementing
Divisions
WMD/MWP
NY/NJNCB
WMD/WPCB
WMD/WSPB
WMD/WSPB
OEP
ESD/MMB
TOTAL:
16.0 16.0
(6 WORKYEARS ARE ALREADY ASSIGNED TO ESTUARY/COASTAL PROGRAM ACTIVITIES)
'ESD RESOURCE INPUT TO BE DETERMINED LATER.
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The Transportation and Air Emissions Initiative
Investment
Activities
FTE Program Area Disinvestment
Activities
FTE Program Area Implementing
Divisions
1. STATE I/M
2. TRANSP. CONTRL. MEAS.
3. CLEAN FUELS
TOTAL:
1.05 EXIST AIR QUAL. MGMT.
0.5 NEW AIR QUAL. MGMT.
1.3 EXISTS AIR QUAL. MGMT.
0.65 NEW AIR QUAL. MGMT.
0.65 EXIST AIR QUAL. MGMT.
0.85 NEW AIR QUAL. MGMT.
5.0
-REDUCE SUPPORT FOR:
1. FED/STATE REG. DEV.
2. NSR/PSD PROGRAM
3. STATE TOXIC PROG. DEV.
4. COMPUTER SYST. DEV./SUP.
5. NEW RESOURCES FOR CAA
3.0
2.0
5.0
AIR QUAL. MGMT.
AIR QUAL. MGMT.
AWM/APB
'PROJECT ANTICIPATES RECEIVING 2 ADDITIONAL FTE IN FY-93 FOR NEW CAA ACTIVITIES
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The Subsurface Hazardous Waste Transport Systems Release Initiative
Investment
Activities
FTE Program Area
.Disinvestment
Activities
FTE Program Area
Implementing
Divisions
1. 3007 LETTERS
2. INSPECTIONS
3. NEGOTIATE CA ORDERS
4. ENFORCEMENT
TOTAl:
2.3 HAZ WASTE MGMT./ENF.
0.9 ORC RCRA SUPPORT
3.2
1. LAND BAN
2. NON-TCLP GEN.
3. STATE OVERSIGHT
4. LOWER PRIORITY CA
5. LOWER PRIOhlTY ENF.
2.3
HAZ WASTE MGMT./ENF.
0.9 ORC RCRA SUPPORT
3.2
AWM/HWFB/HWCB
ORC/AWTS
-------
The Active Hazardous Waste Generators and Treatment, Storage, and Disposal (TSDs) Facilities Initiative
Investment
Activities
FTE Program Area
Disinvestment
Activities
FTE Prograa Area
Implementing
Divisions
TSOs:
1. PRIORITIZE TSDS
2. PERMIT UNIV. OVER 4/5 YRS
3. BEGIN CA AT SITES W/ PERMITS
4. USE RFI DATA TO RANK
GENERATORS:
1. ID GEN. VIA BIENNIAL RPTS.
2. DEV. WAS. MINIZ. STDS
3. TARGET GENERATORS
TOTAL:
1.0 HAZ WASTE MGMT./ENF.
2.0 RCRA PERMITTING
3.0
TSDs:
1. REDUCE RFA WORK
GENERATORS:
1. REDUCE RCRA STATE
OVERSIGHT ACTIVITIES
1.0 HAZ WASTE MGMT./ENF.
2.0 RCRA PERMITTING
3.0
AWM/HWFB
AWM/HWFB
-------
The Ground Water Task Force Initiative
Investment
Activities
FTE
Program Area
Disinvestment
Activities
FTE Program Area
Inclement ing
Divisions
1. DEVEL./STAFF TASK FORCE
2. SELECT ACTION SITES
3. DEVELOP RODS
4. IMPLEMENT CLEANUP
4-5 SUPERFUND
(2-3 TASK FORCE)
(1-2 RPMs)
1. DELAY FULL SITE RI/FS
RODS TO ADDRESS EARLY
ACTION NEEDS
4-5
SUPERFUND
ERRD
TOTAL:
4-5
4-5
-------
The Non-NPL Site Multi-Media Enforcement Initiative
Investment
Activities
FTE Program Area
Disinvestment
Activities
FTE Progran Area
Implementing
Divisions
1. NEGOTIATE ENF AGREE.
ISSUE AOs
2. INITIATE RIFs
3. ISSUE RODs
4. COMMENCE CLEAN-UP
3.0 SUPERFUND
1. DELAY SOME NPL
CLEAN-UPS
3.0 SUPERFUND
ERRD
TOTAL:
3.0
3.0
-------
The Reducing Risks of Toxic Releases and Identifying
Investment FTE
Activities
1. CASE DEVELOPMENT 1.0
1.0
2. ID LIKELY FACILITIES 1.0
(0.5)
Program Area
Hazardous Facilities on a
Disinvestment
Activities
SUPERFUNO REMOVAL REDUCE REMOVAL ACTION BY
SUPERFUND LEGAL SUPPORT REDUCE OTHER ENF. OUTPUT
SUPERFUND TITLE III REDUCE ASSIST. TO OTHER
SUPERFUND OR CONTRACT
Geographic Basis
FTE
Initiative
Program Area
2 1.0 SUPERFUND REMOVAL
1.0 SUPERFUND LEGAL SUPPORT
LOCALITIES 1.0 SUPERFUND TITLE III
(0.5) SUPERFUND OR CONTRACT
Implement inc
Divisions
ERRD
ORC
ERRD
TOTAL: 3.0
Note: The bracketed FTEs are not included in the Total.
3.0
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Appendix C
Current Region II
Initiatives
-------
Region II .FY-93
Sirategic Plan
FY-91 Region II Initiatives
Air Toxic Pollution Prevention Initiative
Air & Waste Management Division
The SARA Title III Toxic Release Inventory revealed that numerous major
sources are emitting toxic substances, including fugitive emissions, in large
quantities not covered by any existing regulations, This initiative targets a
number of the largest emitters and seeks their voluntary emissions
reductions. Twenty industrial facilities in New York, New Jersey, Puerto
Rico and the Virgin Islands were requested to voluntarily reduce toxic
emlr^lons. Eight were found to have already successfully reduced
emissions from between 47% and 90%. Reductions had been achieved by
implementing one or more of the following measures: process
modifications, improved maintenance/monitoring, control of fugitive
emissions, stopping the manufacture of certain products, and improved
techniques for estimating emissions. Some facilities have developed
corporate policies to optimize reductions in f .lissio'.s. Of these, live
established specific numeric emissions reduction goals ranging from 68% to
90%. It is anticipated that at least two more companies will adopt
corporate policies and/or numerical goals as a result of their participation in
this initiative.
FY-91 est. workyears: 1.0
Air/UST Compliance Initiative
Air & Waste Management Division
As one or* -Dion's H's multi-media initiatives, the Air/UST Compliance
initiative will integrate air and Underground Storage Tank requirements in
compliance and enforcement programs for New York City-owned tanks.
FY-91 est. workyears: 0.1
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144
Antidegradation Implementation
Water Management Division
Region II and representatives of New York State Department of
Environmental Conservation (NYSDEC) are serving as co-chairs of a Great
Lakes Initiative (GLI) steering committee workgroup, which is developing a
comprehensive antidegradation policy to address all sources (point and
nonpoint) of persistent toxic substances. The Antidegradation Committee
has been expanded to include Region V, EPA Headquarters and Wisconsin,
in addition to Region II and NYSDEC. Comments on a draft
Comprehensive Antidegradation Policy and Implementation Procedures for
Point Sources of Persistent Toxic Substances have been received and a
revised document is currently being prepared. The document is to be
completed for Steering Committee adoption on February 28, 1991.
FY-91 est. workyears: 1.5
Beach/Shellfish Colonies Closures Action Plan
Water Management Division
The implementation of the Interagency Floatables Action Plan has been
successful in minimizing beach closures from floatables debris wash-ups
since 1989. However, there continue to be periodic beach closures in
Region II due to high bacterial levels. In coordination with the states, the
Region has initiated a preemptive action plan to stem the causes and
subsequent impacts of beach closures. The principal components of the
initiative are to identify the responsible party(s) in the event of a short-.
term or intermittent beach/shellfish bed closure and to assess applicable
penalties. During the summer of 1990, New Jersey issued penalty orders
to two responsible parties for contributing to beach closure events and the
Region issued two §308 requests to permittees to complete evaluations of
similar events. The Region will take formal action during the second
quarter of FY-91 against a municipality in New York that caused two beach
closures due to unauthorized sewage bypasses.
FY-91 est. workyears: 0.5
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CERCLA/SARA Environmental Review Procedures Training
Office of Policy & Management
The CERCLA/SARA Environmental Review Procedures Training initiative has
been on-going since 1988. The initiative involves training Superfund
Remedial Project Managers and On-Scene Coordinators in the procedures
tha, .-; ,st be followed to ensure that CERCLA/SARA actions comply with
the requirements of other environmental laws. The Region has provided
this training to other Regions, Headquarters, the Superfund Academy, EPA
Contractors, states and other federal agencies.
FY-91 est. workyears: 0.3
Enforcement Leveraging - New York State
Water Management Division
The Region announced the NPDES enforcement leveraging program on
April 20, 1990. Categorical Industrial Users (CIDs) with unaddressed past
violations had until June 20, 1990 to come forward and initiate settlement
with EPA for a reduced penalty. Twenty facilities responded to the
announcement, identifying themselves as either confirmed or potential
categorical industries. Two Administrative Complaints and draft Consent
Orders were issued in September 1990 and both cases have been settled
for the amounts proposed in the complaints. In addition, a complaint was
issued to a CIU which was independently found to be violating categorical
pretreatment standards. Four Administrative Complaints are projected to
be issued in the second quarter of FY-91 to facilities that responded to the
enforcement leveraging program but did not offer a settlement amount.
Evaluation of responses to §308 requests is ongoing and will be followed
up by site inspections.
FY-91 est. workyears: 2.0
Enhancement of Regional Consent Decree Tracking System
Office of Regional Counsel
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The Region initiated a program in FY-90 to enhance its consent decree
compliance tracking, and improve the reliability of the automated Consent
Decree Tracking System (CDTS). Program staff reported actual milestone
completion dates for entry into CDTS each quarter, in addition to reporting
the overall compliance status for the STARS report. The enhanced system,
along with improvements in report formatting, will provide Division
Directors with a quick overview of the general state of consent decree
compliance in their programs.
FY-91 est. workyears: 0.1
Floatabies Action Plan
Water Management Division
EPA and the other involved federal, state and local agencies are
coordinating their activities to implement the Floatabies Action Plan
initiative. The plan consists of four key elements: surveillance, regular
cleanups (moon-tides and rain events), non-routine cleanups and a
communications network to facilitate coordinated use of available resources.
Implementation of the plan began during the summer of 1990, and was
extremely successful, with a total of 709 tons of debris collected in New
York and 4,656 tons collected in New Jersey.
FY-91 est. workyears: 3.5
Improved Contingency Planning
Emergency & Remedial Response Division
This initiative developed as a result of the Region's experiences in
responding to Hurricane Hugo, which highlighted the need for an updated
regional response strategy. A Regional Response Team was established,
with the responsibility to address environmental impacts and health hazards
associated with major disasters. The establishment of the Region II
Response Team will significantly improve our ability to address major
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disasters in a comprehensive and timely manner when they occur in the
future.
FY-91 est. workyears: n/a
Incineration 2000
Air & Waste Management Division
Incineration 2000 was launched due to concern over potential human
health threats that might result from the cumulative impact of emissions
from 14 proposed new sludge incinerators, 16 resource recovery plants
and 8 medical waste incinerators in the New Jersey - New York City
Metrooolitan area which are scheduled to be built over the next 10 years.
The^r r^-.v emissions would compound health threats already posed by
exist ,wjrces, which include 1 hazardous waste incinerator, 5 sludge
incinerators, 6 resource recovery plants, 37 hospital waste incinerators and
a large variety of indjstrial and manufacturing plants. To addre_:o ihese
concerns, an air quality simulation was conducted to quantify the
cumulative air quality impacts of 18 toxic pollutants (including heavy
metals) emitted or to be emitted by existing or proposed sludge, resource
recovery, medical waste, and hazardous waste incinerators (103
incinerators). A health risk assessment will be made based upon projected
concentrations of toxics from the simulation study.
FY-91 est. workyears: 0.1
Lake Champlain Management Conference
Water Management Division
The Lake Champlain Management Conference was authorized by the Great
Lakes Critical Programs Act passed by Congress on November 15, 1990.
EPA's FY-91 budget included $2 million to convene the Management
Conference. The goal of the Conference is to develop a Comprehensive
Pollution Prevention Control and Restoration Plan for Lake Champlain
within three years. EPA Regions I and II, along with the states of New
York and Vermont, will co-lead the Conference which comprises 32
members.
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FY-91 est. workyears: 0.3
Law Enforcement Coordinating Committees in the Caribbean
Office of Regional Counsel
The Region II Office of Regional Counsel is working with the Office of
Criminal Investigation and other federal law enforcement agencies in Puerto
Rico and the Virgin Islands to establish law enforcement coordinating
committees (LECCs). The purpose of the LECCs is to coordinate
environmental crimes investigations and prosecutions.
FY-91 est. workyears: 0.1
Multi-Media Enforcement Pilot Project
Office of Regional Counsel; All Program Divisions
The Region initiated a pilot project in the first quarter of FY-90 to identify
facilities with compliance problems in two or more environmental media,
and to carry out combined and/or contemporaneous enforcement actions.
Potential targets were identified by each media program and were
presented to the multi-media workgroup. As a result, enforcement action
was taken against the Caribbean Petroleum Corporation in Bayamon,
Puerto Rico, and the region is seeking a combined penalty of $832,325 for
violations. Other targeted facilities will be or are being investigated during
FY-91, with close coordination with Region II states.
FY-91 est. workyears: 1.0
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Peconic Bay Program (Brown Tide/National Estuary Program
Nomination
Water Management Division
The Brown Tide Comprehensive Assessment and Management Plan
(BTC . '-) was initiated in 1985 in response to the brown alga! bloom
which Cbwim&ted the scallop population and eelgrass beds in Peconic Bay.
To date, local, state and federal funds have supported the BTCAMP.
Currently, a Governor's Nomination Document is being prepared and will
be submitted to EPA to support the inclusion of Peconic Bay into the
National Estuary Program.
FY-31 est. workyears: 1.5
Regional Risk Ranking Project
Office of Policy & Management; All Program Divisions
The Regional Risk Ranking project was designed to assist in setting regional
priorities as part of the strategic planning process. The project used a
combination of available data and expert judgement (all regional
programs/divisions were represented on the risk workgroup) to rank the
severity of various environmental problems (for example, air pollution
resulting from mobile sources, hazardous waste contamination of
groundwater, and destruction of wetlands) in Region II. It used three
criteria to rank environmental problems: 1) risks to human health, 2) risks
to ecological systems, and 3) damages to economic welfare.
FY-90/91 est. workyears: 4.0
RCRA Pewit Action Environmental Review Procedures
Office of Policy & Management
Complementing the Office of Policy and Management's CERCIA/SARA
training initiative, the RCRA Permit Action Environmental Review Procedures
involves the development of appropriate procedures to ensure that RCRA
permit actions comply with the requirements of other environmental laws.
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FY-91 est. workyears: 0.2
Staten Island/New lersey Urban Air Toxics Assessment Project
Air & Waste Management Division
The Staten Island/New jersey initiative resulted from the expressed concern
of the public and environmental protection agencies about the lack of
information and possible health risks attributable to air toxics in the Staten
Island and Northern New Jersey area as compared to other areas. In
response to these concerns, the EPA, in close coordination with the States
of New York and New Jersey, designed and implemented a plan to use
modern measurement techniques over an extended period of time to
document the nature and extent of toxic substances in the ambient air of
the project area. Extensive sampling was conducted over a 2 year period.
Monitoring, meteorological, emissions and health-risk data are currently
being analyzed and a final report is due to be published during FY-91.
FY-91 est. workyears: 2.0
Superfund Cost Recovery Image Processing System
Office of Policy & Management
The Superfund Cost Recovery Image Processing System (SCRIPS) project
will be implemented in Region II in FY-91. The system will image cost
recovery financial documents to an automated database. This is an
Agency-wide project in which Region II will serve as a pilot region.
FY-91 est. workyears: 2.0
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TSCA/EPCRA Enforcement Program Enhancement
Environmental Services Division
Under a regional pHot program, the Environmental Services Division was
dele-rited the authority to unilaterally issue Administrative Complaints and
Concert Agreements for certain types of TSCA and EPCRA cases without
the extensive involvement of the Office of Regional Counsel (ORC). Since
the start of this initiative in FY-90, a total of 31 complaints were issued. Of
these, 19 have been closed and a total of $132,225 in final penalties have
been assessed. During the settlement negotiations, the Region granted
$50,875 in reductions to the proposed penalties for environmentally
beneficial expenditures (EBEs) that cost respondents $239,812 to
implement. These EBEs include solvent recovery projects, improvements to
emission or discharge control systems, release warning systems and other
waste minimization/pollution prevention activities. The average length of
time from complaint issuance to case closure was 92 days. The Region
expects to achieve a similar level of success during FY-91.
FY-91 est. workyears: 3.0
Turnover & Retention Analysis
Office of Policy & Management
A comprehensive analysis of the Region's turnover and retention problems
is being conducted. The initiative includes: a detailed review of data on
turnover and length of service of Region II employees, a survey of all
permanent full-time employees to get their thoughts and ideas on the
problems, the reconciliation of survey results and data and the
development of suggestions for improvement and an action plan for their
implementation. The initial data analysis results were issued in the second
quarter of FY-91; the final report is expected by the third quarter.
FY-91 est. workyears: 1.0
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Appendix D
Region
Federal Facilities
Background Paper
&
Indian Coordination
Background Paper
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Region II FY-93
Strategic Plan
REGION II FEDERAL FACILITIES PROGRAM
BACKGROUND PAPER
PURPOSE
The purpose of this background paper is to identify the long term strategy
and goals Tor the Region II federal facilities compliance program.
BACKGROUND
In 1978, Executive Order (EO) 12088 established the Executive Branch
program to ensure that federal agencies comply with environmental
pollution control requirements. The program is administrative and requires
coordination/cooperation amons EPA, OMB, and other federal agencies.
Disputes regarding compliance by federal facilities are resolved within the
Executive Branch through administrative (not judicial) procedures based on
negotiation and, if needed, elevation between EPA and the respective
agencies. EO 12088 established a three tiered approach for EPA to follow
to ensure that fedeial agencies comply with environmental requirements.
The three-tiered approach directs EPA to:
enforce environmental regulations using traditional enforcement
mechanisms and/or interagency dispute resolution procedures,
when necessary;
educate personnel at federal facilities about their environmental
compliance responsibilities, and provide the technical assistance
necessary to enable them to carry out their responsibilities;
actively participate in the planning and budget processes of
other federal agencies through the A-106 review process, in
order to ensure that adequate resources are directed to
environmental pollution control projects.
Although federal agencies are required by EO 12088 to comply with all
federal, state, and local environmental statutes, there is a recognition that
traditional enforcement responses are not always appropriate because EPA
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is a member of the Executive Branch. Accordingly, EPA has developed a
special set of enforcement approaches for non-compliance at federal
facilities.
These approaches are detailed in the Federal Facilities Compliance Strategy
(EPA/130/4-89/003, November 1988). The strategy establishes the
national goal that federal agencies achieve a higher rate of compliance with
environmental statutes than the private sector. Additionally, it reconciles
EPA's dual responsibility of (1) providing advice/assistance under EO 12088
and (2) enforcing federal facilities' compliance of environmental statutes.
The process involves cooperation and negotiation between EPA and other
agencies to resolve compliance issues.
In Region II, there are over 1800 separate federal facilities located on some
600,000 acres of federally-owned land. Of these, approximately 200
facilities are considered majors or significant minors, and are, therefore,
tracked on a regular basis for compliance with environmental requirements.
The federal facilities of primary concern are:
the 115 that are RCRA notifiers, including 33 TSDs;
the 93 that are listed on the hazardous waste compliance
docket, including 56 major air emitters and 12 listed on, or
proposed for, the NPL; and
the 7 that are water majors.
Although the compliance data are tracked by the individual media
programs, the Region recently implemented a regional Federal Facilities
Tracking System (FFTS) to track all inspections and enforcement actions at
federal facilities by the major programs (Air, RCRA, Water [NPDES], TSCA,
and Superfund). The FFTS will become the primary means of monitoring
environmental compliance at federal facilities. Additional monitoring is
done through site visits and A-106 budget reviews.
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FUTURE DIRECTIONS
EO 12088 charges EPA with three primary functions: enforcement and
compliance, education and technical assistance, and budget oversight.
Accordingly, the proposed future directions of the Federal Facilities Program
are presented with respect to these functions.
Enforcement and Compliance
Typically, compliance rates at federal facilities are lower than those in the
private sector. Overall, the compliance rates at federal facilities in Region II
in the various media programs have ranged from 60% to 74% during the
period from 1987 through 1990. With regard to enforcement action and
compliance monitoring duties, the federal facilities program is decentralized,
with all inspections and enforcement actions performed by the media
program.,. The, Federal Facilities Coordinator (FFC) provides basic program
oversight throughout the enforcement process, as needed.
Because federal facilities are often large and complex and are not subject to
all of EPA's traditional enforcement mechanisms (e.g., they cannot be fined
by EPA), they offer an excellent opportunity for multi-media enforcement.
Facilities would be targeted for multi-media action using National
Enforcement Investigations Center (NEIC) risk rankings that have been
developed for the Region and the FFTS compliance data. The Multi-
Program Enforcement Committee (recently established in Region II) would
be a good vehicle through which to develop this program, possibly under a
Sub-Committee on Federal Facilities. The program would use a multi-
media approach, which would provide a comprehensive view of a facility's
environmental performance. By focusing on facilities' total performance, it
is hoped that EPA could capture the attention of base commanders and
facility managers, and (if necessary) the press and political leaders.
In addition to the development of a multi-media strategy, the FFC will use
FFTS to identify facilities which need inspection, environmental auditing,
and the development of facility-specific management plans. The FFC will
also continue to work with the media programs to ensure compliance with
.the Federal Facilities Compliance Strategy, and adherence to "timely and
appropriate" enforcement response protocols.
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The multi-media nature of the program could also be a valuable asset in
pursuing the Region's risk-based, geographic, and other special initiatives.
Also, pollution prevention initiatives can be negotiated into Federal Facilities
Compliance Agreements (FFCAs). The NEIC rankings and FFTS data could
be used to target future activities in these areas.
Technical Assistance and Education
EO 12088 requires EPA to provide "technical assistance and advice" to
other federal Agencies "in order to ensure their cost-effective and timely
compliance..." with pollution control requirements. It is a primary
responsibility of the Office of Federal Facilities Enforcement and EPA's
Regional FFCs to ensure that federal agencies are.provided with such
assistance.
Typically, the FFC provides general compliance program assistance to
federal facilities in Region II. More specific technical assistance is provided
by the media program offices, as needed. Current FFC assistance and
outreach activities include mailings of training information and newly
promulgated compliance guidelines; coordination of Annual Federal Facilities
Conferences; coordination of quarterly Federal Facilities Roundtables;
coordination of regional visits by other federal agencies; weekly contact
with the EPA/Department of Defense (DOD) Liaison; and participation in
Department of Energy Tiger Team audits. Future efforts in these areas will
be targeted toward promoting risk-based initiatives, geographic initiatives,
pollution prevention, improving compliance in all media, and
implementation of the new Clean Air Act.
We also propose to augment outreach efforts by increasing training
opportunities and site visits. Future training efforts will include EPA-run
courses in environmental auditing and pollution prevention techniques.
Additional on-site activity will include visits to support A-106 reviews,
meetings between higher-ranking regional officials (e.g., between the
Regional Administrator and Base Commanders), and staff participation in
other agencies' compliance monitoring programs (e.g., Tiger Teams and Air
Force Environmental Audits).
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The technical assistance role will also be expanded through the ..
implementation of pollution prevention initiatives. Regional staff will
cor* -(-3 :D v.ork with facilities in developing programs for pollution
pre .r^ .en .inj waste minimization. In addition, we will initiate pilot
projects at select major facilities in conjunction with EPA's Office of
Research and Development, and will perform outreach with DOD facilities
through the use of a volunteer West Point cadet during the summer of
1991. 5
Budget Oversight
Executive Order 12088 requires that federal agencies submit pollution
ab:' - - --.: :ians semi-annually to EPA for review. The process for
developing and maintaining these plans is described in OMB Circular No.
A-106 (12/31/74). Through this established process, federal agencies plan
projects to ensure continuing compliance, to meet new regulatory
requirements, or to correct problems or violations identified by EPA or
states. The A-106 process is unique within the government budgeting
system in that it directs EPA to review federal agency plans for OMB to
ensure that these plans will be adequate from the standpoint of timeliness,
cost, and engineering soundness.
For FY-92, the Region reviewed approximately 1,300 projects, valued at
$1.25 billion (including $0.75 billion for CERCLA/SARA projects and $0.20
billion for RCRA projects). Total expenditures in this area are expected to
increase dramatically over the next several years. The FFC is the focal
point for this process; however, the media divisions perform a critical role
in reviewing projects that affect their programs.
Because the implementation of environmental remediation activities and the
pollution control projects is so capital intensive, the A-106 process is a
valuable compliance tool. This coupled with the projected growth in
environmental spending by federal agencies, will require more diligence in
project review. Toward this end, we propose A-106 training for both
regional and other agency staff. Additionally, there will be an increase in
the number of site visits by regional staff to provide greater understanding
and participation in project review, as well as a follow-up on review
comments. The A-106 budget reviews will also be used to target and track
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facilities as part of regional and national strategic initiatives.
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Jiegion II FY-93
Strategic Plan
REGION II INDIAN PROGRAM
BACKGROUND PAPER
PURPOSE
The purpose of this background paper is to identify the long-term strategy
and goals for the Region's Indian Program.
BACKGROUND
In 1984 EPA issued a National Indian Policy based on the principle of
supporting Indian self-government. Under this policy, EPA views Tribal
governments as the appropriate parties responsible for making decisions
and implementing programs affecting Indian reservations, their environment
and the health and welfare of reservation populations.
EPA is committed to providing Tribes the same opportunities as states, and
working with Tribes to assist in establishing and implementi ,g appropriate
Tribal environmental programs. However, EPA recognizes that there are
several significant constraints that may hamper the full implementation of its
National Indian Policy. Some of these constraints include:
the lack of adequate current funding levels provided to Indian Tribes;
the fact that EPA-administered programs and statutes are not fully
integrated, which makes it difficult for Tribes to address cross-media
problems;
the lack of adequate Tribal infrastructures needed to work with EPA
to develop and implement environmental programs. Moreover, some
Tribes are so small that they may lack the critical mass needed for
environmental program development.
the need for EPA, when working with Tribes, to change its
orientation from a highly technical working partnership (as it has with
states) to a focus on less technical and more fundamental issues.
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the need for EPA to develop a "hands-on" approach to work with
Tribes. The "hands-on" approach would involve EPA efforts to assist
Tribes in developing an infrastructure, training their staff, gathering
baseline data, and in remaining available as a technical resource.
the fact that many Tribal environmental concerns are beyond EPA's
jurisdiction and may require state input.
There are seven federally recognized Tribes in Region II, all of which are
located in New York State. They are the Cayuga Nation, the Oneida
Nation of New York, the Onondaga Nation, the Seneca Nation of Indians,
the St. Regis Mohawk Tribe, the Tonawanda Band of Senecas and the
Tuscarora Nation; their estimated population and land holdings are as
follows:
Tribe POPULATION LAND HOLDINGS (in acres)
Cayuga 420 None-Live on Seneca land
Oneida 850 32
Onondaga 1,463 7,300
Seneca 5,710 64,320
.St. Regis 3,025 14,600
Tonawanda 988 7,549
Tuscarora 950 5.700
Total 13,406 99,501
FUTURE DIRECTIONS
Over the past three years, Region II has made some significant progress in
implementing the National Indian Policy. Region II has increased its annual
program funding outlays to Indian Tribes by close to 500% and has
increased technical outlays by approximately 150% since FY-87. Of
particular note in this regard is the Cooperative Agreement that has been
signed with the St. Regis Mohawk Tribe, which is considered a national
model and has led to discussions with other Tribes concerning similar
agreements.
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However, we have a long way to go before the Region achieves full
implerr -cntation of the National Indian Policy. Accordingly, we are
considering the following steps, which will be implemented over the next
2-3 years, to implement the policy:
The establishment of the Regional Indian Work Group (IWG). The
IWG will consist of key staff from the various programs that have
been involved in Indian issues. It will play an important role in
identifying environmental risks at reservations, and in developing a
strategy to address those risks.
The preparation of an Inventory of Indian Lands. To the extent that
EPA Headquarters makes funding available, the Region will prepare a
multi-media survey of environmental conditions and needs on all
Indian lands in the Region. The most critical environmental health
and ecological risks will also be identified.
The development of a Regional Strategy. Over the years, we have
pursued a number of program-specific and issue-specific initiatives on
Indian lands. However, there is a need to develop a comprehensive
approach to Indian environmental problems that will insure that our
disparate actions lead toward meaningful environmental gains and the
reduction of the most significant risks. Development of a Regional
Strategy will be completed in FY-91; implementation of the strategy
will be a primary function of the IWC.
An increase in Outreach and Exchange of Information. In order to
promote mutual understanding between EPA and the Indian Tribes,
we propose to increase outreach activities. One of the first activities
in this area will be to set up a meeting between the Regional
Administrator and Tribal leaders.
An increase in Funding and Technical Assistance. As environmental
needs are identified, we will make every effort to provide the funding
and technical assistance necessary to address those needs, within the
context of our overall strategy. Recognizing that Tribal governments
are often too small to establish discrete programs in multiple
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environmental areas, we plan to make at least two multi-media grants
during FY-92.
The development of more Cooperative Agreements. The ultimate
goal of all our Indian program activities is to assist the Region's Indian
Tribes in developing environmental programs that allow them to
address their own environmental needs in a continuing and
comprehensive manner. Toward this end, we plan to
begin/complete negotiation of more Cooperative Agreements (based
on our model agreement with the St. Regis Mohawk Tribe) with
other interested Tribes.
DATE DUE
US EPA REGION 2 LIBRARY
26 FEDERAL PLAZA, RM. 402
NEW YORK, NY 10278
(212) 264-2881
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