United States Region 10 Environmental Protection 1200 Sixth Avenue Agency Seattle WA 98101 Office of the Regional Administrator v>EPA Environmental Programs in Washington An EPA Report 1983 ------- UNITED STATES ENVIRONMENTAL PROTECTION AGENCY Washington, like all other States in the country, is being urged by EPA to assume more of the authority that Congress gave State governments for implementing the body of environmental laws enacted in the last twelve years. Each of those laws expressed Congress1 intent for EPA to work in partnership with States. EPA supports State pollution control efforts with Federal grants and technical assistance and carries out Federal programs for which the State does not assume responsibility. In State Fiscal Year 1982, EPA provided Washington with almost $47 million to support State environmental efforts. In State Fiscal Year 1983, EPA has approximately $47 million available for Washington. (See Attachment A.) A key role for EPA is to help Washington develop, manage, and enforce environmental programs. Most of the nine major programs that EPA can legally delegate have been assumed in full or in part by Washington. EPA will actively encourage Washington to take on more programs that EPA now administers. EPA's purpose is to have Washington itself administer environmental programs that satisfy Federal requirements and are flexible and responsive to local situations. The following pages describe major issues facing Washington State and the EPA, and list major grant programs by which EPA supports Washington's environmental activities. Below is a roster of top management officials in EPA's Region 10 who can provide more information. Regional Administrator Deputy Administrator Regional Counsel Water Division Director Air and Waste Director Environmental Services Director Management Division John R. Spencer (206) 442-5810 L. Edwin Coate James Moore Robert Burd Alexandra Smith Gary O'Neal Nora McGee Washington Operations Office Director Al Ewing (206) (206) (206) (206) (206) (206) 442-1220 442-1152 442-1014 442-1352 442-1295 442-1233 (206) 753-9437 ------- Washington PRIORITY ISSUES I. Delegation of Environmental Programs to Washington The State of Washington over the past 10 years has assumed responsibility for implementing most major Federal environmental programs. State agencies are working toward assumption of the remaining programs. We expect these delegations to be complete within the next 15 months. Major programs yet to be delegated to the State include: A. Hazardous Waste Federal laws regulate the generation, transportation, storage, and disposal of hazardous wastes. The Department of Ecology in cooperation with other affected State agencies is moving rapidly toward full responsibility for this program. Some changes in State law are necessary. The needed statutory changes are expected to be accomplished during this session of the Legislature. B. Prevention of Significant Deterioration (PSD) The PSD program is designed to keep clean air areas clean. It applies to areas where National Ambient Air Quality Standards to protect human health are already met by a wide margin. The Department of Ecology now administers part of this program. We expect full delegation by September 1983. C. Underground Injection Control (UIC) The UIC program has construction and operating requirements to assure that wells that inject fluids underground do not contaminate groundwater. Under a delegated program, the State would assure that injection wells comply with Federal minimum standards or any more stringent requirements the State chooses. The Department of Ecology was designated by the Governor as the lead State agency. It is coordinating with other State agencies. The State Department of Natural Resources has the lead role in oil--and gas-related injections. The State Department of Social and Health Services has jurisdiction over uranium mining and certain domestic waste disposal wells. The Department of Ecology is preparing documents for the State to assume responsibility for enforcing the national regulations. Approval is expected in September 1983. ------- D. Wetlands Protection - Section 404 Permits (Dredge & Fill) The 404 permit program administered by the Corps of Engineers under EPA guidelines is intended to protect the wetlands resource against unintended adverse effects from nearby developments. Permit decisions are basically land-use decisions. EPA is encouraging the State to assume as much of the program as Federal law will allow. II. Hazardous Waste Sites Cleanup (Superfund) Federal Superfund money is available to clean up—if responsible parties do not—hazardous waste disposal sites that may pose a threat to human health or the environment. Ten such sites have been tentatively identified in Washington. Before Federal funds can be spent, the State must contribute at least 10 percent of the cleanup cost if the site is privately owned and 50 percent if the site is publicly owned. Lack of State matching funds is an impediment to cleanup in Washington. The ten sites identified in Washington: A. Tacoma - Commencement Bay Nearshore/Tideflats area including ASARCO at Ruston The Commencement Bay Nearshore/Tideflats area has been an industrial area for over 50 years. Occupants of the area include chemical companies, refineries, an aluminum plant, a pulp and paper plant, and a smelter. Nearshore Waterway sediments are contaminated with hazardous chemicals. Industrial waste has been dumped as fill throughout the Tideflats area. The Health Department has issued warnings on fish consumption. The State and EPA are negotiating a cooperative agreement to deal with the problem. Investigation will address known and suspected problems and determine appropriate corrective measures. The Cooperative Agreement is expected to be signed in March 1983. B. South Tacoma Channel The South Tacoma Channel includes areas of groundwater contamination, uncontrolled dumping and disposal, and a City landfill. The site has been a light industrial/business area for nearly 80 years. ------- EPA has already spent about $350,000 in two investigations dealing with the Tacoma Aquifer and the South Tacoma Swamp. The Aquifer is contaminated with chlorinated organics which threaten the drinking water of the City of Tacoma. The swamp was investigated because of waste disposal known to have taken place. Investigations are underway to characterize the landfill and to further identify sources around Well 12A, the most contaminated well. Measures to correct the problem at Well 12A so that it can be on line in time for peak summer drinking water demands are being pursued. The shortage of State and local match dollars may impede cleanup. C. Kent - Western Processing This industrial waste recycling and reclamation company has polluted local surface water with heavy metals and solvents. Work is underway to identify soil and groundwater contamination and to determine whether pollutants are getting off the site. If this is so, EPA will take action under Federal hazardous waste law. If these actions do not provide adequate cleanup, the next step would be a Superfund feasibility study. The State would have to pay at least 10 percent of the estimated $100,000 cost of the study and additional monitoring. D. Seattle - Harbor Island High concentrations of lead have been measured in surface dust on Harbor Island, in the Duwamish River in an industrial area of Seattle. Heavy accumulation of lead in soils and dust have resulted in lead runoff into surface water, percolation into unused groundwater, and exposure of some 6,000 workers in the immediate industrial area. The City of Seattle and industry in the area have programs to pave dusty areas and control lead-laden dust and emissions of lead. It must be determined to what extent the lead problems are caused by current emissions as opposed to the re-suspension of lead-laden soil and dust on the surface. E. Lakewood - Ponder's Corner - (Tacoma, Washington) In 1981, two major drinking water production wells of the Lakewood Water District were found to be contaminated by synthetic organic compounds. Over 10,000 people are served by this water district adjacent to Tacoma. Subsequently, these wells were shut down and EPA initiated a field investigation to determine the exact source of the problem. ------- One potential source is McChord Air Force Base. Some of the Base's operations over the past 30 years have used degreasers and organic solvents. In addition, the Base's landfill is near the well field. These sources and possible contamination routes are all part of the ongoing investigation. So far, 21 wells have been drilled in the investigation without making a clear connection to the source of the contamination. Sampling results will be available by late Spring. The local Water District is waiting for results to determine the final disposition of the wells. The District anticipates difficulty meeting summer drinking water demands. Future options include keeping the wells closed permanently or providing treatment to clean and restore them to use. Groundwater monitoring in the area is expected to continue for the foreseeable future. F. Vancouver - Frontier Hard Chrome, Inc. Process waste from the chrome finishing plant contains significant concentrations of chromium. The waste stream has been drained to the ground, contaminating soil near the drain and groundwater. There is a potential impact on the major aquifer serving the City of Vancouver. The next action will be to perform a field investigation for this site. The State has ordered the company to stop discharging wastes into the dry well and to conduct a groundwater monitoring program. G. Yakima - FMC Corporation From 1952 to 1959, the FMC Corporation and other firms disposed of agricultural pesticides and herbicides in a pit on the Company's property. The unlined pit contains at least 36 cubic yards of mixed chemicals and residues, and the surrounding soil appears contaminated. A high potential exists for contamination of groundwater, which is the source for private domestic wells in the area. Groundwater monitoring data is needed to confirm whether contamination has occurred. The plan is to have the company voluntarily take appropriate actions. H. Yakima - Pesticide Experimental Laboratory Wastes from the pesticide facility are disposed into a septic tank drainfield. The pesticides have permeated the soil and may have contaminated groundwater. ------- The site is approximately three miles from backup sources for the Yakima drinking water supply. Irrigation is now the primary use of downstream surface and ground-water. The site operator is responsible for investigating the problem and cleaning it up as necessary. Superfund money is not expected to be needed to clean up this site. I. Spokane County - Colbert Landfill The Colbert Landfill, 10 miles north of Spokane, is owned by Spokane County. For five years, its operators buried liquid solvent wastes in unlined pits in permeable soil. Some drinking water wells nearby are contaminated by liquids chemically identical to those dumped at the landfill. In addition, similar contaminants have been detected in groundwaters down-gradient from the landfill. The contaminants are considered toxic and persistent. The rural area near the landfill is dependent on groundwater for drinking and irrigation. No other supply is readily available. The next phase of the project is to do a feasibility study which will discuss cleanup alternatives and costs. The estimated cost of the study is $50,000. This site will require at least a 50 percent State or local match. J. Spokane County - Kaiser Aluminum, Mead Old pot liner wastes piled on site are identified as the source of cyanide contamination in the groundwater. Kaiser has developed and implemented a groundwater monitoring program and source control. All water supplies known to be affected (27) have been connected to alternative water. The next phase of action at Kaiser will be to oversee the groundwater investigation to verify that the corrective actions to date lower the contamination to acceptable levels. It is expected that Kaiser will continue to fund the investigation and implementation through this year. III. Air Non-Attainment Area Sanctions The Clean Air Act requires compliance in all areas with primary National Ambient Air Quality Standards (NAAQS) for particulate, sulfur dioxide (S02), and nitrogen dioxide (N02) by the end of 1982 and with the NAAQS for carbon monoxide (CO) and ozone by that date unless an extension was given. In general, if compliance is not attained in any area by the set date, the Act provides for sanctions such as construction bans on sources contributing to the problem and suspension of certain Federal grant funds. ------- EPA will take a two-tier approach. In those areas where the air is close to the standard, the State will have a chance to show the standard has been reached. Those areas where the air is far from meeting the standard are presumed to be out of compliance. Sanctions will be applied only after certain procedures are followed. These procedures include a formal finding of inadequacy along with the nature and scope of possible consequences. If enough information is obtained to indicate that the standards and other Clean Air Act requirements are met, no sanctions will be imposed. Sanctions are to be imposed for non-compliance, for inadequacy of plans, and for improperly meeting conditions of approved plans. EPA notices of deficiencies were issued in the Federal Register February 3, 1983. Four areas in Washington currently designated non-attainment for one or more pollutants include Seattle, Tacoma, Vancouver and Spokane. IV. Field Burning Washington has regulations to govern agricultural field burning. This activity is limited primarily to fields for grass-seed production. Annually, approximately 50,000 acres are burned in Eastern Washington and Northern Idaho. Regulations are intended to minimize smoke impact on populated areas. However, intrusion of smoke into neighboring towns and suburbs and across State lines does occur and citizens complain. EPA now has limited authority to control this activity. However, Region 10 is willing to work with the State to solve or further reduce this problem if it is seen as a major priority by the State. Washington EPA GRANTS TO STATE AGENCIES FY 83 Funds I. Water Pollution Control A. Municipal Sewage Treatment Grants (Section 201) $42,500,000 Construction grants now provide 75 percent of the funding to build eligible parts of municipal sewerage works. Eligible are all or part of treatment plants, interceptor sewers, final effluent discharge lines, and sewage collection systems. The Department of Ecology administers the program. The $42.5 million is the amount of new FY 83 funds. In addition, the state has $30.5 million remaining in unobligated FY 82 funds. Projects are scheduled for funding under a priority list established annually by the Department of Ecology. Projects scheduled for funding in FY 83 include Okanogan ($4.5 M), Raymond ($10.8 M), and Pierce County ($33 M). ------- The Washington allocation contains $6.7-million reserved for constructing facilities to use innovative and/or alternative technology. If not used, a portion of those funds will be lost to the State on October 1, 1983, and the balance on October 1, 1984. Special efforts would be required by both EPA and the State to identify opportunities to use these funds. B. State Management Assistance [Section 205(g)] $1,702,000 A maximum of 4 percent of Washington's annual funding to build sewage treatment plants can be used to pay the Department of Ecology's cost of managing the EPA and State sewage treatment plant construction programs. The Department is expected to use any excess funds from this program to support certain other water pollution control program activities; in 1983, $309,948 is being used for this purpose. C. Water Planning Grant [Section 205(j)] minimum $100,000 maximum $422,000 A minimum of $100,000 a year to a maximum of one percent of Washington's annual funding to build sewage treatment plants can be used for water quality planning. This is a new provision of the Clean Water Act. These are the only Federal planning funds now potentially available to local water quality agencies, but also are to support State projects. D. Water Programs Grant (Section 106) $1,167,000 This is an annual EPA grant to help the Department of Ecology manage its statewide water pollution control program. Activities partly supported by these funds include planning, permitting, enforcement and monitoring. Problems addressed by the State under this program range from protection of shellfish beds to the control of municipal/industrial discharges into State waters. E. Underground Injection Control $90,400 The Department of Ecology receives an annual grant to develop ana implement a program to protect drinking water sources by regulating the underground injection of waste materials. The Department is working in conjunction with other state agencies that may have overlapping jurisdiction over injection wells. ------- II. Air Pollution Control Air Program Grant (Section 105) $2,868,000 This is an annual EPA grant to help pay for the Department of Ecology's program and the air programs of seven local air pollution control agencies. Due to the budget crisis in Washington, the FY83 grant includes a special one time supplemental grant of $165,267 to operate programs in the current year. EPA also has been able to provide high-priority special-project funding. Over $665,000 was made available to start the inspection and maintenance (automobile emissions testing) program for the Seattle area. III. Hazardous Materials Control Hazardous Waste Grant $715,000 The Department of Ecology receives an annual EPA grant to develop and implement a hazardous-waste regulatory program. The Department is expected to receive interim authorization in 1983 to operate the State program in place of the Federal program. The State is developing a system to track the generation, transportation and disposal of hazardous waste as well as a permit program regulating treatment, storage, and disposal facilities. Interim authorization of the State program is the first step to full program delegation. Amendments to State laws are needed to provide a smooth transition in December, 1984 from Federal to State administration of the Federal program. IV. Public Water System Supervision Program $962,200 The Department of Social and Health Services administers the State's program to assure safe drinking water for residents and visitors. EPA has developed national drinking water standards. The States assure that water systems which serve the public comply with these standards or any more stringent requirements the State chooses. For the programs to be most effective, they must be preventive. The Department took responsibility for implementing the national drinking water standards in 1978 after operating a comprehensive State program for many years. Grants to the Department have allowed the State to expand its program, but the Federal program has not significantly changed the basic emphasis of the State's program. ------- 10 V. Pesticides Program A. Applicator Certification Grant $18,000 An annual EPA grant to the State Department of Agriculture helps to maintain its testing and licensing program for pesticide applicators. This program is to ensure that persons using restricted-use pesticide products are competent in handling and using these highly hazardous pesticides. B. Cooperative Enforcement Grant $195,000 The Department of Agriculture has primary responsibility to ensure that pesticide use within the State complies with label restrictions. Under this grant, the State enforces Federal and State laws regarding pesticide use and product manufacturing and sales. VI. Dredge and Fill Program (Section 404) Delegation Study $54,000 A $54,000 grant to the Department of Ecology was made by EPA's Office of Federal Activities September 1981 to determine the feasibility of State takeover of the Federal permit program for discharge of dredged or fill material into certain navigable waters. The study is being conducted by the State agency staff. The final reports are nearly completed. Under the State's shoreline management program, local jurisdictions have responsibility for issuing permits for most dredge and fill activities. If the Department of Ecology disagrees with a local decision, the Department may appeal to the State Shoreline Hearings Board for resolution. The Department's strategy for assuming the 404 program would rely heavily on the use of local jurisdictions to administer most of the program. ------- 11 Attachment A EPA Grants Summary State of Washington 1983 Funds awarded or Department of Ecology available Consolidated Programs* Air $2,867,655 Water (106) 1,133,124 (205g) 309,948 Hazardous Waste 715,564 Total $5,026,291 Water Planning (205j) $422,000 Underground Injection Control $ 90,400 Department of Agriculture Pesticides Certification $ 18,000 Enforcement 198.289 Totals $ 213,000 Department of Social and Health Services Public Water Systems Supervision $ 962,200 *The Consolidated Grant figures are for July 1982 to June 1983, the State fiscal year. All other figures are for October 1982 to September 1983, the Federal fiscal year. Some of these figures include "carryover funds"--funds awarded the State in FY 82, but which are unspent at the end of the Federal fiscal year. They can be used in FY 83 for the continuation of ongoing projects. ------- Municipal Sewage Treatment Grants (as of 1-14-83) FY 83 Funds General Fund Increase Reserve State Mgt. Asst. Innovative Tech. Alternative Tech. Small Communities Advance Reserve Water Quality Mgt. Totals 42,542,000 (FY 83 funds expire 9-30-84) Appropriation $33,006,540 4,004,999 1,701,680 212,710 1,488,970 1,701,680 1 425,420 Obligated -0- -0- -0- -0- -0- -0- -0- -0- Unobli gated Balance $33,006,540 4,004,999 1,701,680 212,710 1,488,970 1,701,680 1 425,420 -0- 42,542,000 FY 82 Funds General Fund Increase Reserve State Mgt. Asst. Innovative Tech. Alternative Tech. Small Communities Advance Reserve Water Quality Mgt. Total 41,777,700 (FY 82 funds expire 9-30-83) Appropriation $32,323,501 4,023,097 1,671,108 208,888 1,462,220 1,671,108 1 417,777 Obligated $11,270,682 13,086 -0- -0- 3,123 -0- -0- -0- Unobligated Balance $21,052,819 4,010,011 1,671,108 208,888 1,459,097 1,671,108 1 417,777 11,286,891 30,490,809 Appropriations for municipal sewage treatment grants prior to 1982 and not yet obligated amount to $1,413,886. ------- |