United States Environmental Protection Agency Office of The Administrator Washington DC 20460 February 1983 Administrator's Guidance Operating Year FY 1984 Budget Year FY 1985 ------- ADMINISTRATOR'S GUIDANCE FOR OPERATING YEAR FY 1984 AND BUDGET YEAR FY 1985 ------- PREFACE V"""""' N \Tjiis document^ establishes the Administrator's direction forjthe Environmental Protection Agency [EPA) over the next two years and beyond. Pa'rtJ^of the documentfsets out fee principal mission of the Agency under this Administration and establishes the Administrator's six major goals to be achieved in accom- plishing this mission^] It: a^-so contains a list of fundamental approaches or strategies for achieving these goals. II and irjjbf this document provide general guidance to the Agency's program offices in the form of key objectives to be achieved by each organization in pursuit of the Agency's goalslf These objectives are defined for each of the next two years. Thus, this '"document incorporates both operating year (FY 1984) and initial budget year (FY 1985) guidance. Henceforth, general guidance from the Administrator will be issued at this time each year in order to provide an appropriate framework for the planning, budget, State/EPA Agreement and grant negotiation processes that begin in early spring. The Administrator's Guidance will integrate major elements of EPA's key management systems, combining important aspects of the planning,- budget, management accountability and personnel performance review processes (see below). It also presents the overall goals and objectives for both the operating and budget years and forms the basis for the program specific commitments contained in the FY 1984 Management Accountability System. The Office of the Comptroller will issue more specific guidance for the Agency budget process later this spring. and Finally, this document is intended as broad guidance to Agency managers iot as detailed, program specific guidance! Development of such detailed program guidance is the responsibility of Agency managers, subject only to review by the Office of Policy and Resource Management for consistency with the Administrator's integrated management program for the entire Agency. The Office of Water expects to issue its guidance in March and the Office of Solid Waste and Emergency Response will be issuing guidance in April. MANAGEMENT CALENDAR Operating Year Guidance Final Operating Plans Management Accountability Final Systems Revised Commitments Operating Plans Administrator's Guidance and Goal Setting Performance Standards *« Budge t Call Letter Draft Budget Budget Hearings Budget To OMB M j 1 ^ S 0 N D -I- ------- PART I ADMINISTRATOR'S OVERVIEW -3- ------- ADMINISTRATOR'S OVERVIEW EPA's MISSION It is EPA's mission to protect and enhance the public health and environment through effective and balanced implementation of the statutes under EPA's jurisdiction in partnership with State and local governments. AGENCY GOALS To accomplish this mission, EPA will pursue the following major goals: I. Strengthen Partnership with States. II. Achieve and Maintain a High Level of Compliance with Environmental Laws and Regulations. III. Manage for Environmental Results. IV- Improve the Quality of EPA Science. V. Promote Flexible Regulatory Approaches Making Maximum Use of Alternatives, Incentives and Reforms. VI. Meet Program Commitments with Maximum Efficiency and Effectiveness. FUNDAMENTAL APPROACHES To achieve the six major goals of the Agency, I expect all managers to carry out the fundamental approaches or strategies identified here. GOAL I: Strengthen Partnership with States. Approaches: A. Assure responsibilities are delegated to State and local governments to the maximum extent allowed by statute in accordance with provisions of the Agency's delegation policy. -4- ------- B. Utilize incentives such as greater flexibility in regulations, reduction of unnecessary Federal require- ments, and program grants to encourage delegation while maintaining program integrity. C. Provide timely program guidance, technical and other assistance to support effective State management of environmental programs. D. Oversee implementation of State programs, minimizing reporting and evaluation burdens while using clear and objective criteria that emphasize environmental results. E. Promote consistency from State to State in the application of environmental laws to guarantee a baseline of environ- mental quality nationwide. GOAL II: Achieve and Maintain a High Level of Compliance with Environmental Laws and Regulations. Approaches: A. Target inspections to verify compliance and follow-up with enforcement responses where instances of significant noncompliance occur. B. Foster a high level of voluntary compliance, but act expeditiously against sources failing to achieve timely compliance. C. Minimize duplication of enforcement efforts with State and local agencies, but pursue enforcement actions if State and local agencies fail to bring sources into compliance in a timely manner. D. Encourage development and use of control equipment, instrumentation and self-monitoring practices to ensure compliance is maintained. GOAL III: Manage for Environmental Results. Approaches: A. Evaluate the capability of the Agency's monitoring networks to produce accurate information on the true status of environmental quality nationwide and make necessary improvements where appropriate. __ C __ ------- B. Develop Region-based Environmental Management Reports for use by Agency senior management in making important program decisions. C. Develop indicators based on ambient monitoring and other basic sources of environmental data to assist in evaluating the Agency's progress toward achieving its cleanup and pollution reduction goals. GOAL IV: Improve the Quality of EPA Science. Approaches: A. Ensure that research and development efforts support the Agency's fundamental regulatory and public health respons ibilities. B. Promote state-of-the-art science to identify and abate threats to human health and the environment in the most cost-effective manner. C. Support a program of basic, long-term research foscused on finding solutions to critical problems and meeting the Agency's key future needs. D. Improve methods of risk analysis for use in managing EPA programs. E. Implement an internal Agency quality assurance program for sampling, monitoring and laboratory analysis. GOAL V: Promote Flexible Regulatory Approaches Making Maximum Use of Alternatives, Incentives and Reforms. Approaches: A. Promulgate, review and revise regulations to provide clarity, equity, flexibility and to ensure an appropriate balance between costs and benefits. B. Expand use of the bubble and other incentive-based approaches to control environmental pollution more quickly, cheaply and effectively. C. Initiate, track and follow through on innovative, new approaches, including alternatives to command-and-control regulation where appropriate. -6- ------- GOAL VI: Meet Program Commitments with Maximum Efficiency and Effectiveness. Approaches: A. Meet major statutory, court-ordered and other internal and external Agency deadlines. B. Systematically streamline administrative processes and institute management reforms to eliminate backlogs and expedite actions. IE M. 'BURFORD. ADMINISTRATOR — 7 — ------- -8- ------- PART II OPERATING YEAR FY 1984 -9- ------- OFFICE OF AIR, NOISE AND RADIATION GOAL I: Strengthen Partnership with States. 0 Maintain the full delegation of NSPS and NESHAPS achieved in FY 83 by continuing to delegate newly promulgated standards. 0 Achieve full or partial delegation of PSD for every State. 0 Initiate effective oversight of State programs that is tailored to each State and is in conformance with general audit criteria developed and tested in FY 83. 0 Work with States to improve air quality monitoring and data reporting; conduct a joint evaluation of current air quality monitoring criteria, regulations and related guidance. 0 Provide guidance and support to States on technically complex emerging air program areas such as 0 Work with States to improve programs for the control of tampering and fuel switching. 0 Continue to provide technical support to States on a request basis to help them deal with hazardous air pollutants. GOAL II: Achieve and Maintain a High Level of Compliance with Environmental Laws and Regulations. 0 Complete administrative actions on the initial group of counties included in the 1982 non-attainment exercise. 0 Take appropriate EPA enforcement actions and promote State enforcement actions against significant violators of SIP regulations to help bring remaining nonattainment areas into attainment. 0 Make special effort to address sources of hazardous air pollutants and VOC emissions. 0 Continue working with States to adapt their compliance reporting systems to make them compatible with EPA's compliance data system (CDS); improve data quality and minimize State reporting burden. 0 Work with States on a voluntary basis to develop and test elements of programs designed to ensure continuous compliance. Provide support to States in dealing with operation and maintenance of emission control devices and improved test methods . -10- ------- Assure that in-use vehicles meet emission standards. GOAL III: Manage for Environmental Results. 0 Evaluate regional Environmental Management Reports (EMR), and in conjunction with the Regions, develop procedures for incorporating results into program planning and resource allocation decisions for FY 85. 0 Target resources to areas causing or expected to cause the most serious environmental and public health problems. 0 Assess NAAQS attainment status for criteria pollutants to determine areas which are not meeting standards. 0 Complete determination of what, if any, additional baseline and trends data are needed for both criteria and non-criteria pollutants to identify public health and environmental problems. 0 Develop monitoring strategies to generate quality data for making environmental results determinations with emphasis on emerging issues such as PM^O. 0 Develop, refine and report progress against selected environmental indicators for both stationary and mobile sources. GOAL IV: Improve the Quality of EPA Science. 0 Assist ORD in revising the research strategy to identify ORD's priority projects and to reflect the program's changing priorities and objectives, including an increased emphasis on hazardous air pollutant research. 0 Implement quality assurance programs consistent with ORD's technical guidelines and instructions. 0 Accelerate development of an integrated data base management system for all ambient and air pollution source data. 0 Ensure adequate documentation of procedures used to set air standards, including use of risk assessment. GOAL V: Promote Flexible Regulatory Approaches Making Maximum Use of Alternatives, Incentives and Reforms. 0 Promulgate NSPS in accordance with approved schedules; review and revise existing NRPS in accordance with statutory -11- ------- schedule; incorporate all feasible measures to increase NSPS compliance flexibility and technological innovation. 0 Implement well balanced NESHAPS standard setting process. 0 Promulgate revised NAAQS for NO2, SO2 and PM; review ozone and lead NAAQS using innovative techniques to improve the decision- making process. 0 In conjunction with the States, continue to expand and implement the bubble, generic trading rules and other forms of emissions trading. 0 Maintain the scheduled development of radiation standards. 0 Continue mobile source regulatory relief and reform measures, especially related to heavy duty engines. 0 Continue assessment of the alternative mobile sources compliance program. 0 Provide guidance and support to States in developing generic SIPs that would simplify revision of emission limits. Techniques to be considered should include use of State operating permits. GOAL VI: Meet Program Commitments with Maximum Efficiency and Effectiveness. 0 Continue to refine SIP processing to focus on major revisions with greatest environmental impacts, and continue to process all SIPs in an expeditious manner. 0 Expedite action on lead SIPs. 0 Assess ORD research results and identify additional research needs with special emphasis on the phenomenon of acid deposition. -12- ------- OFFICE OF WATER GOAL I: Strengthen Partnership with States. 0 Increase the number of States with full delegation of the Construction Grants Program. 0 Increase the number of fully approved State NPDES programs, i.e., State programs including NPDES, pretreatment and Federal facility permitting responsibilities. 0 Complete timely action on State applications for primacy in the UIC Program. 0 Implement effective oversight of delegated programs in accordance with the Administrator's Oversight Policy once it is issued. 0 Provide guidance documents and technical assistance to States in reviewing and revising water quality standards and in issuing permits to reflect final effluent guidelines and water quality standards. 0 Work with States to improve water quality monitoring and reporting to provide site-specific and trend monitoring data for use in planning water quality programs and tracking progress in meeting environmental goals. 0 Promote State use of local agencies and the private sector in implementing water quality monitoring programs. 0 Target Clean Water Act program grant funds to specific high priority activities articulated in the Office of Water Operating Guidance. GOAL II: Achieve and Maintain a High Level of Compliance with Environmental Laws and Regulations. 0 Improve NPDES compliance rates for both municipal and nonmunicipal facilities in significant noncompliance and work with States to develop State municipal enforcement strategies implementing the National Municipal Policy. 0 Conduct inspections to verify NPDES permit compliance, targeting compliance sampling inspections on facilities in significant noncompliance, and follow-up with necessary enforcement responses to instances of noncompliance. 0 Complete revisions and refinements to compliance monitoring and enforcement tracking systems. -13- ------- 0 Improve compliance rates of public water systems with interim primary drinking water regulations, focusing on persistent violators of bacteriological and turbidity MCLs and of monitoring and reporting requirements. GOAL III: Manage for Environmental Results. 0 Target resources to priority water bodies, i.e., those waterbodies for which pollution abatement and control decisions are most needed to reverse or prevent the impairment of a designated use. 0 Develop, refine and report on environmental results indicators to track program progress in meeting environmental results objectives. 0 Evaluate regional Environmental Management Reports and incorporate findings into program planning and evaluation. 0 Implement monitoring needed to identify and assess the most significant public health and environmental problems, to make regulatory and programmatic decisions and to identify trends. GOAL IV: Improve the Quality of EPA Science. 0 Promote the development and use of biological monitoring methods, particularly for chronic toxicity testing, to support a balanced approach to water quality monitoring that will support program decisions. 0 Identify and set priorities for data collection and analysis activities which require new or revised quality assurance programs. Implement quality assurance programs consistent with ORD's technical guidelines and instructions on a priority basis. 0 Provide data management support to States and Regions to link ambient and point source data. 0 In conjunction with ORD, revise the 1983 research strategy as needed to reflect the Office of Water's changing priorities and objectives. 0 Establish a monitoring program to assess the risks associated with the transport and fate of toxic and conventional pollutants disposed at sea. -14- ------- GOAL V: Promote Flexible Regulatory Approaches Making Maximum Use of Alternatives, Incentives and Reforms. 0 Promulgate NPDES, Pretreatment, Dredge and Fill, and Ocean Dumping Regulation revisions and Sludge Management Guidance/ Regulations. 0 Promulgate remaining effluent guidelines by July 1984. 0 Propose Revised National Primary Drinking Water Standards and propose and promulgate, as appropriate, standards for volatile organic chemicals. 0 Implement the more flexible and cost-effective approaches to water pollution control identified and approved as a result of the FY 83 joint water reforms evaluation with OPRM. GOAL VI: Meet Program Commitments with Maximum Efficiency and Effectiveness. 0 Implement UIC programs in States that choose not to accept primacy and on Indian lands over which States have not demonstrated jurisdiction. 0 Ensure timely physical and administrative completion of construction grants projects and eliminate project closeout backlogs. 0 Ensure achievement of construction grants obligation and outlay projections. 0 Assist communities in developing systems to ensure the financial capability to construct and operate publicly owned treatment works. 0 Identify and take appropriate action on inactive construction grants projects with high unliquidated balances. 0 Prevent waste, fraud and abuse of construction grant funds. 0 Reduce the backlog of NPDES permit renewals and upgrade the permits to reflect the new water quality and technology-based standards, especially for toxics. 0 Issue NPDES permits to new facilities and 301(h) ocean discharge permits as expeditiously as possible. 0 Issue general permits to facilities with similar discharges and develop other vehicles for streamlining permitting procedures. -15- ------- Designate or redesignate ocean disposal sites in accordance with the revised Ocean Dumping Regulations. Establish an ocean disposal fee system, if proposed legislation is approved. Review and make final decisions on water quality standards revisions submitted by the States. Assist States in revising submittals and promulgate standards as necessary. Implement sludge management guidance or regulations to ensure consistent cross-media programs. Fulfill U.S. commitments under the Water Quality Agreement with Canada. Continue ongoing scientific studies sponsored by the Great Lakes Program. Issue health advisories to deal with unregulated drinking water contaminants. -16- ------- OFFICE OF SOLID WASTE AND EMERGENCY RESPONSE RESOURCE CONSERVATION AND RECOVERY ACT (RCRA) GOAL I: Strengthen Partnership with States. 0 Work with the States to seek full authorization of 45 States by January 1985. 0 Develop a policy for initiating and processing permits and for transferring permits to States as they become authorized. GOAL II: Achieve and Maintain a High Level of Compliance with Environmental Laws and Regulations. 0 Target RCRA compliance monitoring inspections on (1) facilities required to monitor ground water and, (2) other facilities located in environmentally sensitive areas. 0 In conjunction with OLEC, initiate prompt enforcement actions in cases of noncompliance with administrative orders. Work closely with the Office of Legal and Enforcement Counsel and the Department of Justice. GOAL III: Manage for Environmental Results. 0 Develop, refine and report progress against environmental indicators that indicate the environmental impact of the RCRA program. 0 Incorporate the findings of the Regional Environmental Management Reports into program evaluation and planning. GOAL IV: Improve the Quality of EPA Science. 0 In conjunction with ORD, revise the research strategy to reflect the program's changing priorities and objectives. 0 Maintain a quality assurance program for all sample collection and data analysis in accordance with ORD's technical guidelines and instructions. 0 Arrange for appropriate in-house expertise to provide States with assistance in reviewing and issuing permits and evaluating corrective actions at facilities. 0 Begin to develop a technology clearinghouse to facilitate implementation of State programs and information exchange. -17- ------- 0 Conduct scientific analyses and develop data necessary to issue RCRA regulations in the most cost-effective manner. GOAL V: Promote Flexible Regulatory Approaches Making Maximum Use of Alternatives, Incentives and Reforms. 0 Based on Regulatory Impact Analyses (RIAs), complete existing rule proposals and finalize appropriate changes to those existing permitting rules proposed in FY 83. 0 Promulgate RCRA regulations, especially on land disposal and incinerators, to provide for a better balance between costs and benefits. 0 Continue examination of unregulated hazardous waste problems and develop regulations as appropriate, in accordance with RIA guidelines. 0 Using analytical procedures developed in conjunction with ORD, continue the listing of additional hazardous wastes. ° Reconsider regulatory schedules in accordance with RCRA reauthorization amendments. GOAL VI: Meet Program Commitments with Maximum Efficiency and Effectiveness. 0 Work closely with the States in issuing permits for all new and existing facilities, giving priority to those facilities where there are the greatest potential environmental risks. ° Conduct full RCRA program in States that fail to receive authorization. 0 Work with OPTS to resolve the issue of whether RCRA or TSCA will cover PCB disposal activities after FY 84. OFFICE OF SOLID WASTE AND EMERGENCY RESPONSE SUPERFUND GOAL I: Strengthen Partnership with States. 0 Work with States to assume responsibility for remedial activities through cooperative agreements and provide necessary assistance to States. 0 Assist States to establish the necessary capabilities to carry out objectives of the Superfund program. -18- ------- GOAL II: Achieve and Maintain a High Level of Compliance with Environmental Laws and Regulations. 0 In conjunction with OLEC, implement a compliance program that provides timely administrative and legal enforcement, with opportunity for voluntary settlement by responsible parties. Initiate cost recovery actions where appropriate. 0 Provide support to State enforcement programs and work closely with States on Federal cases. GOAL III: Manage for Environmental Results. 0 Develop and report against indicators that measure to the extent possible the public health and environmental impact of removal and remedial actions. 0 Incorporate the findings of the Regional Environmental Management Reports into program evaluation and planning, targeting resources on actions where EPA involvement will have the greatest public health and environmental benefits. GOAL IV: Improve the Quality of EPA Science. 0 Make use of available technology and risk assessment methodologies in determining cost effective solutions at Superfund sites. 0 Maintain a quality assurance program for all sample collection and data analysis consistent with ORD's technical guidelines and instructions. 0 In conjunction with ORD, revise the research strategy as needed to reflect the program's changing priorities and objectives. GOAL V: Promote Flexible Regulatory Approaches Making Maximum Use of Alternatives, Incentives and Reforms. 0 Initiate remedial investigations/feasibility studies only at sites where sufficient funds are available to carry out complete, cost-effective actions. GOAL VI: Meet Program Commitments with Maximum Efficiency and Effectiveness. 0 Take appropriate cost-effective remedial actions at sites on the National Priority List and focus EPA removal actions on -19- ------- only the most serious incidents that require the Federal government to assume lead responsibility. Aggressively move projects toward final solution. Work with States to complete site inspections, undertaken with RCRA 3012 funds, by the end of the fiscal year. -20- ------- OFFICE OF PESTICIDES AND TOXIC SUBSTANCES PESTICIDES GOAL I: Strengthen Partnership with States. 0 Enhance State participation in the emergency exemption, experimental use permits and special local needs programs and provide guidance to States for operation of these programs. 0 Work with States to ensure that they thoroughly consider potential unreasonable adverse effects to health and the environment in reviewing emergency exemptions. 0 Consolidate and further delegate the Cooperative Enforcement and Certification and Training Programs and ensure smooth transition to newly participating States. GOAL II: Achieve and Maintain a High Level of Compliance with Environmental Laws and Regulations. 0 Develop oversight protocols for State enforcement programs. 0 Develop cooperative programs with States to ensure proper use of pesticides. 0 Foster a high degree of voluntary compliance with FIFRA and use FIFRA authority to achieve industry compliance where voluntary action is inadequate. GOAL III: Manage for Environmental Results. 0 Develop, refine and report against selected environmental indicators. Using input from ORD, the States and other agencies, develop a national monitoring network to report against selected environmental results indicators. 0 Use information from Agency tracking systems including Environmental Management Reports and FATES to evaluate and revise program priorities and to target special review and enforcement actions on areas posing the greatest threat to health and the environment. GOAL IV: Improve the Quality of EPA Science. 0 Implement the strategy developed in FY 83 to assure that registration data are developed in accordance with good laboratory practices. -21- ------- In conjunction with ORD, revise the research strategy as needed to reflect the program's changing priorities and objectives. Implement quality assurance programs consistent with ORD's technical guidance and instructions. GOAL V: Promote Flexible Regulatory Approaches Making Maximum Use of Alternatives, Incentives and Reforms. 0 Use the negotiation process where appropriate to address initial concerns of risk early in the Special Review process. 0 Minimize pre-market screening of pesticides with little potential for unreasonable adverse health or environmental effects. 0 Promote State and EPA enforcement strategies which encourage responsible, voluntary remedial actions to achieve and maintain compliance. 0 Review existing recordkeeping and reporting regulations to determine whether the regulations meet the requirements of FIFRA without creating unnecessary regulatory burdens. GOAL VI: Meet Program Commitments with Maximum Efficiency and Effectiveness. 0 Protect public health and the environment through evaluation of existing pesticide products: develop complete chronic toxicity data bases for existing pesticides scheduled for Data Call-in in FY 84; establish an appropriate number of registration standards and increase reregistration of pesticides covered by registration standards; - assure human food safety by reassessing tolerances; and conduct special reviews of pesticides that have potentially unreasonable adverse effects. 0 Develop a procedure to review data received in response to the Registration Standards Program. -22- ------- OFFICE OF PESTICIDES AND TOXIC SUBSTANCES TOXIC SUBSTANCES GOAL I: Strengthen Partnership with States. 0 Maximize cooperation with States in the development and exchange of technical information on toxic substances. 0 Complete evaluation of State pilot grant program in order to assess potential future role of States in TSCA implementation. GOAL II: Achieve and Maintain a High Level of Compliance with Environmental Laws and Regulations. 0 Foster a high degree of voluntary compliance with TSCA and use TSCA authority to achieve industry compliance where voluntary action is inadequate. 0 Develop and implement a strategy to allocate more enforcement resources to compliance monitoring activities contributing to the achievement of the goals of TSCA for both new and existing chemicals. 0 Work with the OSWER to resolve the issue of whether RCRA or TSCA will cover PCB disposal activities after FY 84. GOAL III: Manage for Environmental Results. 0 Develop, refine and report against selected environmental results indicators. 0 Evaluate information from Agency tracking systems, including Environmental Management Reports, to plan for and implement program strategies. 0 Review information from agency tracking systems, including Environmental Management Reports and FATES, and revise monitoring strategies to target monitoring activities to areas posing the greatest threat to health and the environment, GOAL IV: Improve the Quality of EPA Science. 0 Work with ORD to ensure that scientific and analytical requirements are feasible prior to promulgation of regulations 0 Implement quality assurance programs consistent with ORD's technical guidelines and instructions. -23- ------- Monitor compliance with Good Laboratory Practice Standards and, where indicated, conduct data audits to assure the quality of test data submitted for regulatory evaluation. 0 Identify areas of weak scientific expertise within the program and realign existing personnel as appropriate. 0 In conjunction with ORD, revise the research strategy as needed to reflect the program's changing priorities and objectives. GOAL V: Promote Flexible Regulatory Approaches Making Maximum Use of Alternatives, Incentives and Reforms. 0 Continue to pursue negotiated testing agreements as an alternative to formal test rule development and ensure timely completion of testing. 0 Implement the exemption and follow-up programs for the New Chemical Review program. 0 Implement the strategy developed in FY 83 for existing chemicals. 0 Implement strategies which encourage responsible, voluntary remedial actions to achieve and maintain compliance. GOAL VI: Meet Program Commitments with Maximum Efficiency and Effectiveness. 0 Meet commitments on asbestos, PCBs, formaldehyde, and other regulatory actions. 0 Meet the statutory deadline to take action on new ITC designations. 0 Review incoming Section 4 testing data quickly and efficiently and determine appropriate action. ° Emphasize the development of Significant New Use Rules and require Section 8a reporting when necessary as a follow-up to the premanufacture notification process. -24- ------- OFFICE OF RESEARCH AND DEVELOPMENT GOAL III: Manage for Environmental Results. 0 Work with program offices in their development of environmental results indicators. 0 Independent of specific operating program strategies, ORD should develop an integrated long-term Agency research strategy that focuses oh exploratory research needed to meet long-term and emerging environmental problems. 0 Consider Environmental Management Reports when developing long-term research plans. Goal IV: Improve the Quality of EPA Science. 0 In conjunction with the program offices and the Regions revise as necessary the research strategies developed in FY 83. 0 In conjunction with OANR and the Interagency Task Force on Acid Precipitation, conduct the research and monitoring necessary to make a preliminary assessment in FY 85 of the current health and environmental effects of acid deposition and to propose scientifically feasible strategies for the control and mitigation of this problem. ° Establish a process for ensuring that exploratory research findings and conclusions are distributed systematically to the relevant Agency programs. 0 In conjunction with the regulatory program offices and the Regions, establish specific, minimal criteria for the Agencywide quality assurance program, against which the regulatory programs will be audited each year. 0 In conjunction with OPRM, develop and implement a management plan to ensure systematic scientific reviews of all major regulations. 0 Develop and implement an accelerated schedule for conducting comprehensive risk assessments for hazardous air pollutants (HAPs). Work on all 37 HAPs should be well underway by midyear. 0 Work directly with the Office of Water, and through OW with State and local government officials, to develop the analytic methods needed to implement the water quality based approach to pollution control. -25- ------- Develop necessary scientific and technical information and analytic methods to support a groundwater protection policy. Continue to work with the programs to identify Regional and State research needs and to provide appropriate technical assistance to the Regions and States. Conduct research necessary to develop cost effective land disposal and incineration regulations under RCRA. Demonstrate progress toward a uniform risk assessment methodology for use by all Agency regulatory programs. -26- ------- OFFICE OF LEGAL AND ENFORCEMENT COUNSEL GOAL I: Strengthen Partnership with States. 0 Identify potential solutions for resolving legal and enforcement problems associated with state authorization applications. 0 Assist programs in developing oversight procedures and standards for enforcement aspects of delegated programs. 0 Assist States through special training programs in civil and criminal investigation and evidence collection. 0 Maximize collaboration and cooperation with State and local enforcement agencies to promote adequate resolution of problems involving noncompliance with Federal law. GOAL II: Achieve and Maintain a High Level of Compliance with Environmental Laws and Regulations. 0 Strengthen attorney-client relationship with individual program offices and Regions. Consult regularly with clients to ensure capability for representing clients' interest. Provide advice on administrative actions and case development Counsel programs on enforcement strategies. Provide legal representation for clients in dealing with outside parties. Increase familiarity with nonlitigative areas of enforcement. 0 Provide proper support to the Department of Justice in handling EPA's litigation. GOAL V: Promote Flexible Regulatory Approaches Making Maximum Use of Alternatives, Incentives and Reforms. 0 Assist program offices in developing flexible regulations by identifying solutions to legal and enforcement problems. GOAL VI: Meet Program Commitments with Maximum Efficiency and Effectiveness. 0 Implement consent decree tracking system that was developed in FY 83. 0 Ensure expeditious progress in resolving legal challenges to Agency programs. -27- ------- OFFICE OF POLICY AND RESOURCE MANAGEMENT GOAL I: Strengthen Partnership with States. 0 Ensure that program regulations specifically identify EPA's expectations concerning the evolving State role in administering the program as appropriate. 0 Continue to provide technical assistance for expeditious adoption and expansion of generic State emissions trading rules. 0 Work with the Air, RCRA, NPDES, and Construction Grants programs to develop criteria for evaluating State performance in delegated program areas. 0 Review and make necessary revisions to streamline Agency approval procedures for delegation applications. GOAL II: Achieve and Maintain a High Level of Compliance with Environmental Laws and Regulations. 0 Work with programs and OLEC to develop improved methods for both EPA and the States to target major violations. Continue to encourage use of sound corporate environmental management practices to insure better compliance and more effective use of enforcement resources, at both Federal and State levels. GOAL III: Manage for Environmental Results. 0 Work with Program Offices to analyze the status of and trends in environmental quality across the nation, including current and emerging problems, the causes associated with these problems, and the barriers to solving them. Assess the implications of this information for Regional and national strategies over the short and long term. 0 Work with Program Offices to coordinate the development of statistically valid methods for the collection, analysis and interpretation of environmental data. 0 Work with Program Offices to conduct a comprehensive evaluation of the Agency's environmental monitoring programs as part of the triennial review of information collection activities. -28- ------- GOAL IV: Improve the Quality of EPA Science. 0 Develop and implement, in conjunction with ORD, a management plan to ensure systematic scientific reviews of all major regulations. 0 Ensure that major regulatory development packages specifically identify the underlying assumptions concerning acceptable and unacceptable levels of risk. GOAL V: Promote Flexible Regulatory Approaches Making Maximum Use of Alternatives, Incentives and Reforms. 0 Develop a five year Information Resource Management Plan for managing Agency information collection activities. Review Agency programs against established criteria to ensure that no information is collected without a clearly specified need. 0 With program offices and regions, continue to track, accelerate and expand implementation of the bubble, water reform, and other new approaches. 0 Analyze possible ways to achieve integrated regulatory programs on an industry-specific basis for two of the following industries: - iron/steel petroleum refining pulp and paper and on a regional basis for at least two geographic areas. 0 Refine the Agency's benefit analysis techniques. GOAL VI: Meet Program Commitments with Maximum Efficiency and Effectiveness. 0 Increase the effectiveness of the regulatory development and review process in ways which ensure that all appropriate offices are substantively involved in early development stages, that use of consensus methods and non-regulatory alternatives is encouraged, and that final review is accomplished in a timely manner. 0 Develop a comprehensive listing of all statutory and court-imposed deadlines, and track the Agency's progress in meeting them. -29- ------- OFFICE OF ADMINISTRATION GOAL VI: Meet Program Commitments with Maximum Efficiency and Effectiveness. 0 Implement the approved changes to the procurement process identified during FY 83, and establish service standards for processing EPA procurement requests. 0 Develop a plan and schedule for implementing the President's private sector survey recommendations, based on evaluation of those recommendations in FY 83. 0 Prepare a list of the repair and improvement projects that are in the FY 84 budget and begin work on these projects in accordance with the revised policy and procedures issued jointly with OPRM during FY 83. 0 Complete the development of a program to integrate and modernize EPA's information systems technology, including establishment of required procurement vehicles, by the end of FY 85. 0 In conjunction with OPRM, explore the possibilities of alternative funding mechanisms (such as a revolving fund) to provide reliable financing of EPA's data processing and telecommunications resources. -30- ------- PART III BUDGET YEAR FY 1985 -31- ------- OFFICE OF AIR, NOISE AND RADIATION Issues to study in FY 83 for FY 85 Budget preparation: Examine alternative funding approaches, the impact of regulatory reform, and other initiatives to reduce the need for Federal grants to States. Consider the impact of meeting current schedules for promulgation of NSPR, NESHAPS, NAAOS and radiation standards on program resource requirements in FY 85. Evaluate and optimize the basis for distribution of air resources between Headquarters and the Regions, considering program trends for the decade, including increasing delegation and State self-sufficiency, decreasing Federal resources, the technical complexity of emerging air problems, the increasing EPA audit role, and the need for national consistency. Consider new approaches to our radiation program, including naturally occurring radiation and the laboratory program. Assess the technically complex problems emerging for the mid-19801s and develop a strategy that allows their solution efficiently and consistent with current policies on delegation and State self-sufficiency. For instance, regulators will require improved decision-making tools now being developed, such as modeling, risk assessment and consideration of uncertainty. States will need assistance to implement revised NAAOS, including modeling, monitoring, SIP development, definition of RACT, and compliance techniques. Evaluate greater State involvement in promoting mobile sources anti-tampering and anti-fuel switching programs. As States move toward self-sufficiency, enhance the EPA oversight function to assure effectiveness in attaining national standards. Refine the compliance monitoring and enforcement strategy to complement State efforts to address continuous compliance problems. Complete action on lead SIPs. Refine and report on environmental results indicators to track program progress in meeting environmental objectives. -32- ------- Update evaluation of emerging air issues identified in the EMRs and provide guidance, regulations, action plans, and technical support as appropriate. Improve information flow to State agencies to ensure personnel have adequate training to address with scientific credibility problems such as air toxics, visibility, fugitive emissions, regional transport, and continuous compliance. Continue to identify alternative mobile source compliance approaches; assess impact of alternative approaches implemented Accelerate support to nonattainment areas with the most severe economic sanctions to help ensure the rapid development and implementation of the most efficient regulatory programs. Develop detailed mid-course evaluation of progress and problems for each of the 1987 extension cities. Emphasis should be on early identification of those areas that may not be in attainment by 1987. -33- ------- OFFICE OF WATER Further increase the level of delegation of the Construction Grants Program, including potential State assistance in technically nondelegable activities. Define the long term role of the Corps of Engineers in the Construction Grants Program and develop a schedule for transferring appropriate Corps activities to the States. Implement and refine EPA's Oversight Policy as it relates to Office of Water delegated programs. Provide program guidance and technical assistance to States on water quality standards, monitoring, water quality based permits, and unregulated drinking water contaminants, as needed. Target Clean Water Act program grant funds to specific high priority activities identified in program operating guidance. Explore methods, including alternative State funding sources and reduced program requirements, to increase State self-sufficiency in funding. Further improve compliance rates in water quality and drinking water programs. Refine and report on environmental results indicators to track program progress in meeting environmental objectives. Incorporate findings of regional Environmental Management Reports into program planning and evaluation. Implement monitoring needed to provide baseline data and identify trends. Develop, revise and implement quality assurance programs on a priority basis. Support users of EPA and State water quality information systems. Propose revisions to trihalomethane standards and consider standards for radionuclides and alternative disinfectants and their by-products. Implement UIC program in States that do not have primacy and on Indian lands. -34- ------- Reduce backlog of NPDES permits, including 301(h) ocean discharge permits. Define role of Effluent Guidelines Program once guidelines are promulgated. -35- ------- OFFICE OF SOLID WASTE AND EMERGENCY RESPONSE RESOURCE CONSERVATION AND RECOVERY ACT (RCRA) 0 To support the development of the FY 85 budget, conduct the following analyses:* Delineate EPA's responsibilities, including oversight and technical assistance in States that have attained final authorization. Also delineate EPA and State responsibilities in implementing the RCRA program after January 1985 for those States that do not attain final authorization. In accordance with the State responsibilities delineated above, develop a multi-year resource plan which addresses the resource needs of the States to implement successfully the RCRA program. Consider ways to assist the States to develop self-sufficient RCRA programs. Develop a policy on EPA's responsibilities for initiating and processing permits in States that are nearly authorized. This policy should also address procedures for the States to pick up EPA initiated permits. Prepare a plan which specifies ongoing and planned regulatory efforts for FY 84 and FY 85, along with a schedule for completion. This plan should delineate the supporting analytic effort that will occur in the process. Analyze actual Regional resources dedicated to permitting hazardous waste facilities and determine if the FY 82 RCRA permit strategy should be revised. Also analyze new information and updated costs of processing permits. Analyze current Regional compliance activities and resource requirements. Develop a policy on the long-term Federal enforcement role after State authorization, con- sistent with the Agency's overall policy on apportioning Federal and State enforcement responsibility. 0 Reconvene the workgroup process to develop a consistent and valid analytical base to estimate and justify 1985 resource needs for EPA Regions and States. *Note: The analyses are to be completed in the spring of FY 83. The conclusions may be implemented immediately. -36- ------- Refine and report on environmental results indicators to track program performance in meeting environmental objectives, Incorporate findings of Regional Environmental Management Reports into program planning and evaluation. OFFICE OF SOLID WASTE AND EMERGENCY RESPONSE SUPERFUND Establish a coordinated Agency position on the role of the Federal government in Superfund implementation once the current taxing authority expires. To support the development of a position and the FY 1985 budget, the following analyses should be completed:* Using the following assumptions, definitions contained in the NCP and the latest cost estimates for the program, provide estimates of the total number of individual sites that can be addressed with the available resources both for the response and enforcement program if: current assumptions are used to determine the level of response that is adequate to stop work at a site; — complete source control remedial action and/or off site remedial action are required at all sites where work has begun. Review the availability of State resources, both technical and financial, to address the National Priority List sites that the Fund does not cover. Identify and develop feasible options for significantly decreasing active Federal involvement in the program. Refine and report on environmental results indicators to track program progress in meeting environmental objectives. Incorporate findings of Regional Environmental Management Reports into program planning and evaluation. *Note: The analyses are to be completed in the spring of FY 83 The conclusions may be implemented immediately. -37- ------- OFFICE OF PESTICIDES AND TOXIC SUBSTANCES PESTICIDES Implement oversight protocols for State enforcement programs. Consider development of registration fees to recover total registration program costs. For pesticide enforcement grants and certification and training grants explore methods to increase self-sufficiency in funding. Insure adequate resources are available to review data received in response to the Registration Standards Program and to update regulatory positions when necessary. Consider encouraging States to utilize a portion of their enforcement grants to provide environmental monitoring data to OPP- Refine and report on Environmental Results Indicators to track program progress in meeting environmental objectives. Incorporate findings of Regional Environmental Management Reports into program planning and evaluation. OFFICE OF PESTICIDES AND TOXIC SUBSTANCES TOXIC SUBSTANCES Develop and implement a strategy to monitor compliance with negotiated testing agreements and premanufacture notification requirements. Develop options for testing of existing chemicals other than those specifically designated by the Interagency Testing Committee. Refine and report on Environmental Results Indicators to track program progress in meeting environmental objectives. Incorporate findings of Regional Environmental Management Reports into program planning and evaluation. -38- ------- OFFICE OF RESEARCH AND DEVELOPMENT In conjunction with the client program offices and SAB, ORD should revise the research strategies as needed and assure that they are developed in a timely manner so that they can become a useful planning document for the preparation of the Agency's budget. On the basis of research, development and monitoring conducted during FY 84 and FY 85, publish a first assessment of the current health and environmental effects of acid deposition and propose alternative strategies for the control and mitigation of this problem. The engineering and technology program should be designed to produce technical information which supports regulatory development, permitting, enforcement and technical assistance activities. Except for high risk control technology, phase out control technology development activities. -39- ------- OFFICE OF LEGAL AND ENFORCEMENT COUNSEL Ensure that EPA and State duplication of enforcement effort is minimized and that the responsibilities are clear for resolving all significant noncompliance problems. Maintain and continue to develop the OLEC lead role as coordinator of Agency enforcement policy and activities. This must include a capacity to provide current and accurate indicators of the level of enforcement activity within the Agency. As a corollary to this, continue to develop innovative methods to measure enforcement success through environmental changes rather than number of cases processed. Ensure that OLEC's role in cost recovery litigation is adequately supported. Clearly identify support for the RCRA program. Conduct litigation as a high priority. There should be no case backlog in Regional field offices or at Headquarters. Consider alternative litigation and administrative action processing methods to minimize duplicative Headquarters and Regional reviews. -40- ------- OFFICE OF POLICY AND RESOURCE MANAGEMENT Ensure that the Agency's budget request reflects a shift of resources from direct operations to oversight, that it includes adequate resources to implement identified major reforms, and that program budgets for State grants reflect specific EPA expectations for delegation. Ensure that resource requests for information collection activities are fully justified in accordance with the established criteria. Ensure that Agency programs facing statutory and court- imposed deadlines are allocated Agency resources on a priority basis. Ensure that program budget requests target resources for activities that will address significant problems identified in the Regional and Headquarters analyses of status and trends in environmental quality. Ensure that Agency monitoring networks provide the information needed to manage for environmental results. -41- ------- OFFICE OF ADMINISTRATION Continue implementation of the cost control initiatives approved during FY 84. In coordination with user organizations, evaluate the services provided by the consolidated data processing office. Complete modernization of information system technology in EPA. -42- ------- |