United States
Environmental Protection
Agency
Office of
The Administrator
(PM-222A)
EPA230-Q-83-002
April 1993
4>EPA QUARTERLY
PROGRESS
k REPORT
FY1993
SECOND QUARTER
Printed on Recycled Paper
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U.S. ENVIRONMENTAL PROTECTION AGENCY
QUARTERLY PROGRESS REPORT
FY 1993 - SECOND QUARTER
PREFACE
The Quarterly Progress Report reviews Agency progress in meeting priority
program, commitments. The report is a major component of EPA's strategic
planning, budgeting, and accountability systems. As part of EPA's centralized
management system, the report helps to inform the Agency's strategic choices
by providing information on current strategies and performance.
Each quarter, the Agency publishes the report using information from
Headquarters programs, regional offices, and state agencies. The primary
source of data for this report is the Deputy Administrator's Strategic Targeted
Activities for Results System. STARS is designed to track the most important
of a program's activities. To the degree that the measures indicate progress
within program priority areas, STARS provides the feedback necessary to
determine what and how well a program is doing toward achieving the goals
and objectives set forth under the auspices of a program's mission.
The Office of Strategic Planning and Environmental Data is responsible for
program sections within the Quarterly Progress Report. The Office of
Compliance Analysis and Program Operations is responsible for the Report's
enforcement sections.
We gratefully acknowledge the assistance and cooperation of the many people
through the Agency's management network who make the timely production
or this report possible.
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U.S. Environmental Protection Agency
Quarterly Progress Report
Second Quarter FY 1993 Report
TABLE OF CONTENTS
FY 1993 Second Quarter Progress Report
Program Highlights
Office of Air and Radiation 1
Office of Prevention, Pesticides, and Toxic Substances ... 7
Office of Solid Waste and Emergency Response 17
Office of Water 25
Office of Enforcement 33
Office of General Counsel 37
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FY 1992 FOURTH QUARTER PROGRESS REPORT
PROGRAM HIGHLIGHTS
OFFICE OF AIR AND RADIATION
• Preliminary data show that the oxygenated fuels program, implemented for 36 of the
required 39 cities, has helped reduce carbon monoxide exceedences this past November,
December, and January. This past winter there were two reported exceedences; the
previous winter there were 43.
• The Global Change Division launched a voluntary program to reduce emissions from
operations of natural gas transmission and distribution systems in the U.S. Potential
emissions reductions from the National Gas Star program are at least 1 million metric tons
of methane.
• OAR enforcement activity is highlighted by increased success in both identifying and
addressing significant violators and by somewhat lower EPA and state administrative and
judicial enforcement outputs.
OFFICE OF PREVENTION, PESTICIDES, AND TOXIC SUBSTANCES
The regions and headquarters settled 39 cases through second quarter with provisions for
Supplemental Environmental Projects included in the settlement conditions. Twenty of
these were TSCA cases, 16 were EPCRA cases, and 3 were FTFRA cases.
• OPP completed three (100%) of the Reregistration Eligibility Documents targeted for the
first half of FY 1993; however, the 1997 deadline for completing reregistration eligibility
reviews is looking increasingly unrealistic. With 139 product-specific reregistration
completions, OPP completed only slightly more than half of mid-year target.
OPPT took 644 new chemical control actions during the first two quarters of FY 1993;
over the same period in FY 1992, the Office took 375 control actions. Seventy-five percent
of all premanufactured notices received this year contain voluntary reports on pollution
prevention practices and activities.
OFFICE OF SOLID WASTE AND EMERGENCY RESPONSE
• As of May 14th, there are 164 sites on the National Priority List with cleanup construction
completed.
Over 4,000 of the estimated 6,000 major above ground oil storage facilities have submitted
plans to regional offices, pending finalization of the Facility Response Plan rule. This rule
will require facilities to outline steps they will take to respond to a worst-case oil spill.
OFFICE OF WATER
• EPA regional performance in re-issuing NPDES permits is well below last year's
performance level.
• Almost one-third of the wetlands public education and outreach initiatives to date have been
completed this year.
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OFFICE OF ENFORCEMENT
• Due to a staffing shortfall brought about by the loss of contractor staff, the percentage of
consent decrees on which OE has reported current status (27%) has decreased dramatically
since last year (73%).
• OFFE is reporting for the first time on Superfund activity at federal facilities; this
information was previously reported by OSWER.
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FY 1993 Second Quarter Progress Report OAR
OFFICE OF AIR AND RADIATION
INTRODUCTION
OAR's mission is to protect human health and the environment from airborne pollutants and radiation.
Air and radiation programs address many of the highest risk environmental problems faced by EPA, as
ranked in the Science Advisory Board report, Reducing Risk: Setting Priorities and Strategies for
Environmental Protection.
Within OAR, an annual memoranda of agreement (MOA) process between each of the ten regional
offices and the headquarters program office establishes the regional intentions and commitments for the
year in light of the OAR program-specific guidance. The regional offices report quarterly on
commitments in the MOAs by use of a data system called the Memoranda of Agreement Reporting
System.
CLEAN AIR ACT IMPLEMENTATION
OAR's highest priority for FY 1993 is continuing the implementation of the Clean Air Act
Amendments of 1990 (CAAA) and encouraging state and local implementation. The most important
environmental goals are to attain healthy air in all cities, cut toxic air emissions by 75%, reduce sulfur
dioxide emissions by 10 million tons, phase out chlorofluorocarbons by 1995, and reduce public
expose to indoor air pollutants.
OZONE and CARBON MONOXIDE
EPA establishes these standards for criteria air pollutants at a level considered adequate to protect
human health. The CAAA seeks to achieve and maintain NAAQS in most nonattainment areas by 2011
and to achieve substantial near-term reductions in criteria pollutants and precursors by 2001.
Of the six criteria air pollutants, the problems of ozone (and its precursors, volatile organic compounds
(VOCs) and nitrogen oxides (NOX)) and carbon monoxide have been the most pervasive. Both
pollutants are human health threats. The amendments call for attainment by controlling both mobile
and stationary pollutant sources.
Mobile Sources
Pollution from cars and trucks and other mobile sources are one of the largest single sources for ozone
and carbon monoxide pollution. In most urban areas, mobile sources contribute over 90% of the
carbon monoxide pollution. Two important efforts underway in FY 1993 are the oxygenated fuels and
the inspection and maintenance programs.
Oxygenated Fuels
The Clean Air Act established a November 1,1992 deadline for the start up of the oxygenated fuels.
Preliminary data show that the oxygenated fuels program, implemented for 36 of the required 39 cities,
has helped reduce carbon monoxide exceedances this past November, December and January. This
past winter there were 2 reported exceedances, the previous winter there were 43 exceedances.
In Fairbanks, Alaska the oxygenated fuels program caused many citizen complaints about acute health
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OAR FY 1993 Second Quarter Progress Report
effects and was therefore suspended. OAR is working with the Office of research and Development
and the Centers for Disease Control to review the health effects of the oxygenate used in Alaska, and
expects that health concerns can be resolved before next winter's oxyfuels season.
Inspection and Maintenance
The implementation of the enhanced Inspection and Maintenance program requires 23 states to adopt
enabling legislation. Fifteen have done so to date. California has been threatened with sanctions by the
EPA and the Department of Transportation if legislation is not passed by the November 15, 1993
deadline.
Stationary Sources
Volatile Organic Compounds Rule Corrections
VOCs are precursors of ozone, and stationary sources of VOCs emit 50% of the national inventory.
To control emissions the Clean Air Act requires existing sources to use reasonably available control
technology, or RACT. The rules were due from the states on May 15, 1991. To date, 93% of the
rules have been submitted nationwide.
VOC RACT Rules in Nonattainment Areas
States with newly designated ozone nonattainment areas were required to adopt RACT for all current
control techniques guidelines categories and for all major VOC sources by November 15, 1992.
Thirteen states have submitted rules as of second quarter. Kentucky, North Carolina and Tennessee
are expected to complete rule revisions in third quarter. Regions V, IX and X did not report progress
on catch-ups this quarter.
Nitrogen Oxides RACT
Controls apply to all areas with "moderate or greater" ozone nonattainment classification and to all
areas in the ozone transport region by November, 1992. Regions VIII, IX and X did not report on
this activity this quarter. States with satisfactory submittals are Delaware, Virginia, Illinois, Indiana,
Michigan and Wisconsin.
AIR TOXICS
Toxic air pollutants pose especially serious health threats, causing an estimated 1,600 to 3,000 cancer
cases each year and a multitude of non-cancer illnesses. The goal of the program is to reduce these
excess cancer deaths and other non-cancer effects. There are three basic sources of toxic air pollutants:
large industrial facilities, motor vehicles and small "area" sources.
To .address risks of toxic substance emissions from large industrial facilities, OAR will focus on
maximum achievable control technology (MACT) standards development Under the CAAA, standards
addressing 25% of listed source categories must be promulgated by November 1994.
The early reductions program strategy encourages facility operators to reduce emissions before MACT
standards are in place. Currently submittals to the early reductions program number 71; of these 56 are
being reviewed for completeness and 15 for technical determinations. To date, no submittals have
been approved.
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FY 1993 Second Quarter Progress Report OAR
ACID RAIN REDUCTION
OAR's strategic objective in the acid rain program, as defined by the CAAA, is to achieve a permanent
10 million ton per year reduction in sulfur dioxide (SOz) emissions and a 2 million ton per year
reduction in NOX emissions, both by the year 2000. In so doing, the program will facilitate active
trading of sulfur dioxide allowances in order to minimize compliance costs and maximize economic
efficiency.
The emissions of SO;> and NOX react in the atmosphere to form sulfates and nitrates and eventually, in
the presence of rain, sulfuric and nitric acids, hence "acid rain." Acid rain causes serious health effects
and ecological and economic damage.
To reduce SQz there is a two phase reduction program. Phase I affects high-emitting coal fired utility
plants, and goes into effect in 1995. By the February IS deadline, all 110 of the utilities affected in
Phase I had submitted their Phase I permit applications. Phase n affects smaller low-emitting utility
plants, and is effective in 2000. The final Phase II Allowance Allocations rule was published in the
Federal Register on March 23. EPA sponsored the first sulfur dioxide allowance auction at the Chicago
Board of Trade on March 29.
STATE AND LOCAL OPERATING PERMIT PROGRAMS
State operating permits integrate and enhance the effectiveness of the acid rain, NAAQS attainment,
and air toxics programs. States are required to submit programs to regulate implementation of new
enabling legislation and related fee regulations by November 15,1993. It appears that many states will
not be in a position to submit complete packages by the deadline due largely to lack of adequate
enabling legislation. Sanctions may be applied under §110(m) of the Clean Air Act.
STRATOSPHERIC OZONE PROTECTION
The goal of the stratospheric ozone protection program is to reduce skin cancer deaths associated with
ozone depletion. The strategic objective for achieving this goal is to lower cumulative chlorine
concentrations in the stratosphere to less than two parts per billion by the year 2015.
Current activities are designed to facilitate the transition away from ozone-depleting chemicals. In FY
1993 four final rules will be published:
• banning nonessential consumer products containing CFCs and HCFCs
• labeling consumer products using ozone depleting chemicals
• recycling and disposing ozone depleting substances
• encouraging development of safe alternatives.
As of the second quarter, the status on these rules is:
Nonessential uses for CFCs final rule was issued January 15.
The proposed HCFC nonessential uses rule is due in June. The final rule is due in the fall.
The final rule establishing labeling requirements was published in the Federal Register on
February 11.
A proposed rule on recycling was issued in the December 10 Federal Register.
The proposed rule on safe alternatives will be published May 12.
Two rules were published last year: one to complete phaseout of production and consumption of Class
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OAR FY 1993 Second Quarter Progress Report
I substances by 2000 and one on servicing motor vehicle air conditioners. Class I substances are the
most potent ozone depleters. All six rules are designed to meet or exceed the revised Montreal
Protocol.
GLOBAL WARMING PREVENTION
OAR's strategic goal for global climate change is to avoid or reduce potential increases in global
wanning. To support this goal OAR is directing activities toward stabilizing methane concentrations in
the earth's atmosphere by the year 2005 and promoting voluntary energy conservation.
Methane Reduction
The dominant strategy for methane reduction is to identify and promote, within the U.S. and
internationally, profitable options for reducing methane emissions from major anthropogenic sources.
Activities include: removing institutional barriers to methane reduction; identifying and promoting
profitable options for the U.S. livestock industry to reduce methane emissions while enhancing
productivity of cattle; and promoting profitable options for methane reduction through animal waste
management, from natural gas distribution systems, from landfills and during coal mining operations.
The natural gas distribution system represents 10% of the anthropogenic sources. In early March the
Global Change Division launched a voluntary program to reduce methane emissions from operations
. of natural gas transmission and distribution systems in the U.S. Sixteen companies, representing 40%
of the market, joined the partnership with EPA. Potential emission reductions from the Natural Gas
Star program are at least 1 million metric tons of methane.
Energy Conservation
OAR has set a goal for the year 2000 to reduce U.S. combustion-related air pollution from stationary
sources by 20 percent through the use of market-based energy conservation programs. Strategies
include:
• using voluntary programs to encourage industry to pursue profitable energy saving
investments
• promoting the development and sales of energy efficient technologies
• accelerating state actions to provide market incentives for utilities to promote energy-
efficiency
• identifying and removing private regulatory liability and other institutional obstacles to
energy efficiency.
Several efforts that employ these strategies are underway. Green Lights encourages U.S. corporations
and governments to install energy-efficient lighting, thereby cutting air pollution and saving energy.
The Energy Star Computer program was developed with industry cooperation with the goal of
manufacturing and marketing energy-efficient computer equipment. The Golden Carrot Super
Efficient Refrigerator Program will market refrigerators that use less energy and no GFCs. Prototypes
of the new models are expected in the summer of 1993. The refrigerators are 30 to 50 percent more
efficient than the Department of Energy's existing standard for electricity consumption.
The Energy Star Printers program was launched in January to increase the energy efficiency of
computer printers. Savings are expected to be six billion kilowatt-hours in electricity and $450 million
in electricity bills each year upon full implementation of the program. Green Lights participants number
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FY 1993 Second Quarter Progress Report OAR
800, with 132 new partners since November 1992. EPA and three other federal agencies have also
joined.
INDOOR AIR and RADON
The indoor air program seeks to identify the nature and magnitude of the health and welfare problems
posed by indoor air pollution and to reduce risk to human health by reducing exposure. In Title IV of
the Superfund Amendments and Reauthorization Act the Agency is required to conduct a research and
information dissemination program in order to create a more systematic approach to addressing indoor
air quality problems. The strategy to achieve these goals is threefold: (1) provide coordination among
EPA, other federal agencies, states and localities, (2) prepare and disseminate information and (3)
provide policy direction to the indoor air research program.
To address elevated radon levels the Radon Action Program does: problem assessment, mitigation and
prevention, capability development, public information and federal coordination. The national strategy
for the radon program is to target geographic areas with the highest risk of indoor radon
contamination.
Information regarding recent activities in indoor air and radon were not available for this quarter.
ENFORCEMENT
OAR second quarter data is highlighted by increased success in both identifying and addressing
significant violators and by somewhat lower EPA and state administrative and judicial enforcement
c outs.
OAQPS reports that during the first half of FY 1993,515 significant violators were identified (about a
60% increase over last year) and that 516 significant violators were addressed. The regions and states
addressed more than a hundred more violators within 150 days than a year ago (329), although the
number of unaddressed violators after one year has increased by 78 this year. As of the end of the
second quarter, there were 746 violators active on the significant violators list, of which 226 remained
unaddressed after one year.
This year OAQPS is using its Air Facility Subsystem (AFS) to report on significant violators for the
first time. They anticipate that moving from manual to computerized reporting will improve data
quality and reduce problems with data consistency which had been a concern in the past.
Major air enforcement output levels through March 31,1993* were:
EPA States
Civil Referrals 18 31
Criminal Referrals 5 3
Administrative Penalty Orders 48 *
other Administrative Orders 65 242*
NOTE: State data and EPA asbestos demolition data is only first quarter data (lagged).
* The 242 state orders include penalty orders.
The number of EPA CAA civil referrals is down from 24 last year and 29 in FY 1991. The CAA
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OAR FY 1993 Second Quarter Progress Report
decrease is similar (though smaller) to decreases in the number civil referrals in other major media
programs. To some extent, the lower civil referral levels are offset by (and somewhat the result of)
APOs which the regions began to issue last year. Region IX accounted for six of the 18 civil referrals;
no other region had more than three. The 113 administrative orders are an increase over 97 last year at
this time and include 48 administrative complaints for penalties (Region I had the most with 19). The
remaining 65 FY 1993 administrative orders include 34 for stationary sources and 31 for asbestos
demolition.
State enforcement levels are down compared to last year (AOs down from 329 to 242 and referrals
down form 47 to 31). However the data only covers first quarter activity and reporting and may not be
representative of the year. Next quarter data will be evaluated to see if the lower trend continues.
NAAQS Enforcement
Starting in FY 1993, OAR is reporting on the status of all Class A SIP and New Source Performance
Standard sources. Previously OAR reported only on the status of Class A SIP and NSPS sources in
nonattainment areas. As a result, the universe of sources being reported on has increased from 10,826
to 39,041. Regions V and IV (9447 and 7710 sources) account for 44% of all facilities. The
compliance rate for all Class A SIP and NSPS sources is lower than that previously reported for just
the sources in nonattainment areas (87.6% compared to 90.1%). Regional rates were relatively
consistent ranging from 83% in Region II to 94% in Region VII.
The regions and states plan to conduct 26,198 inspections of Class A sources this year. They reported
3,368 inspections in the first quarter (lagged data). Only a small percentage of inspections are
scheduled for or conducted in the first quarter.
Non Transitory NESHAP Sources
OAR reports 1,210 sources for National Emission Standards for Hazardous Air Pollutants. Of these,
1,007 (83%) were reported as in compliance (89% for sources with a known status). The 203 sources
not in compliance had the following status: 83 had unknown status (down from 130 a year ago), 83
were noncomplying (down from 89 a year ago), and 40 were on a compliance schedule. Generally,
regions with the most sources reported the lowest rates 75% to 79%, while regions with fewer
sources had higher rates, over 90%.
Asbestos Demolition and Renovation Activity
Data are lagged one quarter. For the first quarter, regions and states reported 3,217 and 13,737
notifications respectively, about the same as last year. The regions conducted 153 inspections (up
from 99) and the states 4,173 (up from 3,127). These inspections resulted in increased numbers of
notification violations - regions identified 90 (from 77 last year) and the states 317 (up from 272);
substantive violations - Regions 18 (up 3) and the states 92 (up from 41 last year). In response to
violations, the regions and states initiated 48 administrative orders and 22 civil referrals.
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FY1993 Second Quarter Progress Report OPPTS
OFFICE OF PREVENTION, PESTICIDES, AND TOXIC SUBSTANCES
INTRODUCTION
The Office of Prevention, Pesticides, and Toxic Substances (OPPTS) expresses program priorities
through two distinct strategic plans: one for the Office of Pesticide Programs (OPP) and one for the
Office of Pollution Prevention and Toxics (OPPT). The OPP and OPPT strategic plans incorporate
strategies specific to the Office of Compliance Monitoring (OCM).
OPPTS engaged in a process for developing Memoranda of Agreement (MO As) with each region for
FY 1993. Headquarters (HQ) set priorities for program areas based on an assessment of risk
reduction potential!. Working from this base, the MOA negotiations incorporated regional priorities,
specific geographic needs, and localized risks. The OPPTS FY 1993 measures are largely consistent
with the program's HQ and regional priorities identified through the MOA process.
OFFICE OF POLLUTION PREVENTION AND TOXICS
OPPT focuses on four priority areas: 1) the development and integration of multi-media pollution
prevention approaches to environmental protection; 2) better utilization of the authorities granted by
the Toxic Substances Control Act (TSCA), coupled with a balanced regulatory and non-regulatory
risk management approach; 3) more effective sharing of toxics data and information inside and
outside EPA; and, 4) enhancement of regional and state roles.
NEW CHEMICALS
Authorized by TSCA, OPPT's objective is to review all new chemicals and respond as necessary to
prevent unreasonable risk. Chemical companies are required to notify EPA before manufacture or
import of any new chemical. The premanufacture notification (PMN) process provides EPA an
opportunity to review new chemicals and impose necessary controls or restrictions to protect human
health and the environment before the chemical enters commerce. EPA-imposed controls on new
chemicals have less of an economic and social impact than they do on chemicals already established in
commerce. Because many types of exposure-reducing measures can be readily integrated into a
manufacturer's plans at the early pre-manufacturing stage, the PMN process provides the Agency
with a powerful mechanism for promoting pollution prevention.
During the first half of FY 1993, OPPT received 938 valid new chemical notices. Of these, there
were 703 Premanufacture Notices (PMNs) and 235 exemption applications (i.e., 142 for low volume
exemption, 75 for polymer exemption, and 18 for test market exemption); no biotech notices were
received. Five hundred twenty-five of the PMNs (75% of the total received) contained voluntary
reports on pollution prevention practices and activities. The Office targeted 130 of the new chemical
notices for regulatory review or action. Activity over the same period one year ago was nearly
identical. In the first half of FY 1992, OPPT received 927 new chemical notices; 655 of these were
PMNs and 76% of the PMNs contained voluntary pollution prevention reports.
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OPPTS FY1993 Second Quarter Progress Report
OPPT took 644 control actions during the first two quarters of FY 1993. The Office issued § 5(e)
Consent Orders for 15 PMNs and modified or revoked Consent Orders for 6 others. Thirty-one
PMNs were withdrawn in the face of regulatory action and 592 PMN cases were dropped from
further review during the first half of the year. During the first half of FY 1992, OPPT took only 375
control actions; the bulk of this year's increase occurred in the number of PMN cases dropped from
further review.
EXISTING CHEMICALS
Under TSCA, OPPT ensures that chemicals in commerce do not present "unreasonable risk of injury
to health or the environment;" there are more than 60,000 existing chemicals in the TSCA inventory.
OPPT receives nominations for chemical testing from several sources including other Agency offices,
other government agencies, industry, the Interagency Testing Committee, and other interested parties.
Screening efforts focus on identifying chemicals of greatest concern in order to rank candidates for
testing and risk assessment. OPPT requires testing to fill gaps in the data needed to assess risk. Risk
assessment analyses use the information obtained through screening and chemical testing to support
risk management decisions.
OPPT has strengthened the components of the testing and review process with its priority areas
focus. The Office examines pollution prevention opportunities to reduce the processing and use of
toxic chemicals, involves interested parties early in the process through notification of intended
action, and encourages voluntary control actions.
The Existing Chemicals program strategy relies on chemical specific risk assessments and appropriate
regulation when necessary. However, the strategy also includes an emphasis on processing chemical
clusters (both chemical use and chemical class clusters) as an alternative to the single chemical
approach and on managing identified risks as early as possible in the review process by considering
and using a full range of regulatory and non-regulatory risk management options.
During the first half of FY 1993, the first stage of the risk management process (RM1) produced
decisions on six chemical cases. OPPT dropped Methylethyl Ketone/Methyl Isobutyl Ketone
(MEK/MIBK) and Disperse Blue 79:1 from further risk management analyses. The Office advanced
Aerosol Spray Paints (15 chemicals), Glycol Ethers Update (5 chemicals), N-Nitrosamines (7
chemicals), and Mercury to the second stage of the risk management process (RM2). [Note: during
FY 1992 fourth quarter reporting, OPPT incorrectly reported decisions on MEK/MIBK and Aerosol
Spray Paints as FY 1992 decisions; these decisions actually occurred early first quarter, FY 1993.]
OPPT reports that three additional chemical cases (Dry cleaning, Printing, and Diisocyanates) were
entered directly into the queue for RM2 during the first half of the year. [Note: Diisocyanates (27
chemicals) was reported entering the queue for RM2 during first quarter ofFY 1992 as well. There
appears to be a definition problem with this measure in terms of determining when a chemical case
actually moves from one stage to another within the risk management process.] In addition, OPPT
reports RM2 closure on three chemical cases: Benzidine dyes, Acrylonitrile, and Chloroethane.
TOXIC RELEASE INVENTORY (TRI) INDICATORS
In FY 1993, OPPT intends to report indicators of environmental progress as reflected in reported
releases of chemicals on the Toxic Release Inventory. Separate indicators will be estimated for
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FY1993 Second Quarter Progress Report OPPTS
human health and ecological effects. The indicators will be based on facility-specific multi-media
releases of TRI chemicals weighted by toxicity, exposure potential, and population for human and
ecological endpoints. Each indicator will be calculated as the sum of the weighted releases for all
relevant facility-chemical-media-specific combinations. FY 1993 indicators reflect 1990 releases.
At the end of second quarter and for each of the anticipated indicators, OPPT reports that insufficient
data have been developed to determine a TRI indicator at this time.
FIELD OPERATIONS
OPPT is seeking to increase state administrative capacity for current asbestos and PCB activities
while concentrating effort on a "second generation" of toxics field operation programs focusing on
pollution prevention and empowerment through information of regions, states, and the public to effect
reduction of exposures to toxics. The top OPPT risk-based regional priorities under the MOA
include: the Toxic Release Inventory, key lead (Pb) activities, and the 33/50 program.
Regions report three narrative measures (on TRI, 33/50, and decentralization) in STARS covering the
bulk of regional toxics program activity. The following sections provide a synopsis and highlights of
the regional narratives; for more region specific information, please refer to the STARS database
comment fields for datapoints OPTS-30, 31, and 32.
Toxic Release Inventory (TRD:
This narrative highlights regional efforts to help the regulated community in complying with TRI
reporting requirements through outreach and technical assistance and to promote the use of TRI data
by states and the public. It appears that activity during the first half of FY 1993 focused largely on
laying the groundwork for what will be a busy third quarter TRI workshop season. Many of the
planned workshops will focus on TRI reporting requirements and, especially, Form R (pollution
prevention reporting requirement). The following are some of the regional TRI highlights from the
first half of FY 1993:
Region I reports publication and distribution of the second "TRI New England Report."
Region in reports development of a Prototype Indexing System which ranks TRI releases by relative
toxicity - this information was presented at die recent TRI Data Use Conference in Chicago.
TRI data are being used in preparing State Annual Reports by three of the states within Region IV.
Region VI reports conducting monthly training sessions on Form R reporting throughout first and
second quarter, the Region also reports working with Louisiana on an environmental equity analysis of
geographic high risk areas in that state.
Region Vm is assisting DOE as they prepare to start reporting EPCRA § 313 data.
Region X reports that Oregon is using an EPA grant to feed TRI data into a risk screening model to
assign relative risk rankings to facilities.
The 33/50 Program:
This narrative highlights regional efforts to increase the number of company commitments to the
33/50 Program through outreach and technical assistance to industry. Most regions report continuing
their pursuit of additional company commitments to 33/50 during the first half of the year. Most also
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OPPTS FY1993 Second Quarter Progress Report
report activity underway in setting up 33/50 awards and recognition programs. Additional activity
ranged from conferences to targeted calls to pollution prevention meetings. The following are some
of FY 1993's year to date highlights:
Region I has developed a brochure with information on EPA and state technical assistance resources,
including the 33/50 program, for industry in New England; these brochures are being distributed during
inspections.
Region n is working on a pollution prevention program that requests voluntary reductions by facilities
that release highly bioaccumulative chemicals that exceed risk-based criteria for the Lake
Ontario/Niagara River.
Region V is working directly with the City of Chicago which has offered to help publicize 33/50.
Region IV and Region Vffl each report substantial 33/50 coordinator specific networking activity.
Region VI reports efforts to assist states in developing and implementing "33/50" type programs -
including geographic specific (or "cluster") programs.
Region IX has developed a voluntary, multi-media geographic initiative to reduce industrial releases to
the environment in the southwest zone of Los Angeles County called GIPPP (Government/Industry
Pollution Prevention Partnership).
Region X reports the development and distribution of a Pacific Northwest 33/50 Program Fact Sheet
which defines the program, compares efforts across states, characterizes the universe of potential 33/50
participants, and lists all current participants.
Decentralization Of Toxics Programs:
This narrative highlights regional efforts to decentralize toxics program administration to the states,
especially the PCB, asbestos, and TRI programs. Reporting under this measure provided an updated
snapshot of current state program capacity in the areas of PCBs, asbestos, and TRI. While significant
progress has been made over the past several years in the area of asbestos training accreditation and
in the area of TRI data access and use, there were no reports of dramatic progress this quarter in the
decentralization of toxics programs.
Over the past year, efforts to further decentralize the administration of toxics programs to the states
have met with only limited success and the outlook for the immediate future, as painted by the
regional narratives, is not encouraging. One barrier to greater decentralization is an unwillingness on
the pan of states to incur major financial liability for such programs coupled with limited and
uncertain federal funding. Another barrier is the inability of state toxics programs to rely on revenue
generated through penalties since these revenues are almost always funneled directly into a state
general fund. In the present climate of shrinking state and federal budgets, barriers such as these
become extremely acute.
The regions are continuing efforts in this area despite a general lack of optimism. Regions are
supporting state commitment to implementing those parts of the toxics program they have already
assumed; maintaining that commitment may be a very valid measure of regional success in this area.
The primary vehicle for success in this area is the cooperative agreement. This is supported by closer
and more frequent contacts with state officials sympathetic to and supportive of the regional
objectives and continuing education and outreach.
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FY1993 Second Quarter Progress Report
OFFICE OF PESTICIDE PROGRAMS
OPPTS
Risk reduction and pollution prevention are major strategies for OPP. The Office is focusing efforts
in four priority areas: 1) food safety; 2) safer pesticides; 3) pesticide exposure and environmental
burden reductions; and, 4) field operations.
NEW CHEMICALS
Under the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA), all new chemicals (pesticide
active ingredients, biochemical or microbiological products) must be registered by the Agency to
prevent unreasonable risks from new ingredients and products. OPP reviews new chemical
registration applications and associated data to complete final decisions on the application; the review
typically involves both risk assessment and risk-benefit analyses. Final decisions may result in denial,
unconditional registration, conditional registration, or administrative denial. In addition, under the
Federal Food, Drug, and Cosmetic Act, registration of any chemical that might leave a residue on a
food or feed item requires the establishment of a tolerance or an exemption from tolerance.
OPP records the number of final decisions on new chemicals (new pesticide active ingredients, new
biochemicals, or new microbiologicals) in STARS. To measure performance within the registration
program, OPP counts applications withdrawn by the applicant along with the more typical final
decision outcomes outlined above. During the first half of FY 1993, OPP recorded final decisions on
five new active ingredients against a target of five (the comparable number was six in FY 1992):
New Active Ingredient Name
Pseudomonas cepacia (type Wisconsin)
Cinnamomum cassia
Cimectacaib (primo/viston) Trinexapac-ethyl
Dimethenamid (frontier) San-582
Pyridate
Type of Ingredient
Biological
New Chemical
New Chemical
New Chemical
New Chemical
Function of Ingredient
Fungicide
Insecticide
Fungicide
Herbicide
Herbicide
OPP also recorded 12 tolerance petition final decisions against a mid-year target of 21. By the end of
second quarter, FY 1992, the Office had recorded 39 tolerance petition final decisions against a target
of 29. A tolerance petition decision applies to all requests for a tolerance level or exemption from
requirement of a tolerance level for pesticide residue in or on raw agricultural commodities, processed
foods, or for minor uses. At the end of second quarter, OPP had 197 tolerance petitions with actions
overdue (i.e., tolerance petitions that have not been processed within an administrative deadline of
240 days from initial receipt); there were 121 actions overdue at the end of second quarter one year
ago.
EXISTING CHEMICALS
Reregist ration
EPA is required by law to reregister pesticides that were evaluated years ago when standards for
government approval were less stringent. This comprehensive revaluation of pesticide safety is
11
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OPPTS
FY1993 Second Quarter Progress Report
critical to protecting human health and the environment. In 1988, Congress amended FIFRA to
strengthen and accelerate the reregistration program; FIFRA '88 mandated that EPA complete
reregistration eligibility review of existing pesticides within nine years. However, the 1997 deadline is
looking increasingly unrealistic given the scope of the work remaining.
There are currently 407 registrant
supported cases of related existing
pesticide active ingredients requiring
review; OPP divided the cases into
four lists, with List A pesticides
(accounting for 151 cases) having the
highest priority for reregistration
eligibility review. The 407 cases
represent about 20-25,000 pesticide
products that require reregistration.
List A
ListB
LiitC
ListD
PESTICIDE LISTS A, B, C, D
The List A pesticides are primarily food use chemicals; they
include approximately 80% of the total volume of food use
pesticides subject to reregistration.
List B contains less significant food use pesticides, outdoor
non-food use and indoor use pesticides.
List C contains antimicrobials including disinfectants and
wood preservatives.
List D contains other outdoor and indoor uses,
antimicrobials, and microbial pesticides.
In STARS, OPP reports the number of Reregistration Eligibility Documents (REDs) issued or
appropriate regulatory actions taken (when a case is ineligible for reregistration). REDs announce
that products containing the active ingredients in the chemical case are eligible for reregistration. In
the first half of FY 1993, OPP issued 3 REDs (1
from List A and the other 2 from List D) against
a target of 3.
CURRENT STATUS OF REREGISTRATION
300
_ 400
o
B
1 300
i
s
T8200
I
a
"»o
o
At the end of second
quarter. FY 1993. 31
REDs were complete
out of a universe of 407
supported cases. Eleven
List A REDs were complete
(407)
H
||93%{|
out of 151 supported cases.
(150
HHIHH
' J93%|
J— 1,
} 99% |
(80
!»**!
(70)
PPHHI
i|77%|;
.. •
,:
\
~~
':
Lift A
Lot B Lai C
Availing Data/Data In Review
REOi Com pie led
LntD An till
Products are not actually reregistered until
product-specific data and labeling information
are submitted and accepted by the Agency
(usually fourteen months after the last active
ingredient in the product is eligible for
reregistration). OPP reports the number of
product reregistration decisions completed;
besides reregistration, decisions may include
product suspension, cancellation, or amendment.
During the first half of the year, OPP reported
139 product reregistration completions; the
Office achieved only 51% of the product
reregistration completions targeted for this
period. The 139 completions included 135
product cancellations, 2 product reregistrations, and 2 product amendments. In addition, OPP has
sent 298 products to the Office of Compliance Monitoring for suspension.
Special Review
The Special Review process begins when EPA has reason to believe that the use of a registered
pesticide may result in unreasonable adverse effects to human health or the environment. A Special
Review involves a very specific resource intensive and time consuming sequence of events; each step
of the Special Review process, from Notice of Special Review (Position Document 1) to Notice of
Final Determination (Position Document 4) and any voluntary actions taken by registrants to reduce
risk, is documented in the Federal Register.
12
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FY1993 Second Quarter Progress Report OPPTS
OPP reports Special Review decisions and accomplishments in STARS for chemicals in Special
Review or under consideration for Special Review. During the first half of FY 1993, OPP completed
four special reviews against a target of four:
Methazole
Receipt of request for voluntary cancellation (FR 58:4167).
Sodium pentachlorophenate (Salt of Pentachlorophenol)
Final determination to terminate special review (FR 58:7848). The notice announces the Agency's
decision to terminate special review of the non-wood, biocide uses of the sodium salt of
pentachlorophenol. The determination is based on the decision of all registrants to voluntarily cancel or
discontinue their registrations of products containing sodium pentachlorophenate.
Delanev Issue
Petition to modify policy on pesticide tolerances, request for comment (FR 58:7470). The notice
announces receipt and solicitation of comments on a petition requesting EPA to change its policies
related to establishing tolerance levels for pesticide residue in or on raw agricultural commodities and
processed foods under Federal Food, Drug, and Cosmetic Act.
TPTH
Negotiated settlement. After risk reduction negotiation discussions with the Agency, the TPTH
registrants submitted applications to amend registrations to provide for mechanical transfer of water
soluble packages for all applications in the 1994 growing season. In addition, registrants submitted a
draft of their Exposure Reduction Training Program for mixer/loaker/applicators for Agency review
and committed to develop a new study regarding the dermal developmental effects of this pesticide.
FIELD OPERATIONS
OPP is seeking to enhance regional, state, territorial, and tribal capacity; the primary objective is to
decentralize program activities that directly impact these entities. In the FY 1993 MO A, OPP
identified Ground Water, Worker Protection, Certification and Training (C&T), Managing Crises
(emergency reaction to chemical and area specific incidents), and Core FEFRA as risk-based priorities
warranting increased regional attention and effort.
Both Managing Crises and Core FTFRA activities involve improving communications and enhancing
data systems. Regional activity in the areas of Ground Water, Worker Protection, and C&T focuses
on cooperative agreement oversight and evaluation as well as outreach and technical assistance to
states, pesticide users, and agricultural employers and workers. Regions report program status (state
accomplishments) for Ground Water, Worker Protection, and C&T in STARS. The following
sections provide a baseline by region for state Ground Water, Worker Protection, and C&T
programs.
Ground Water:
The table below lists the states, territories, and tribes that (a) are developing generic State
Management Plans (SMPs) and (b) have submitted completed generic SMPs. It also (c) lists the
states where the state lead pesticide agency and the state lead ground water agency are working to
coordinate development of the generic SMP with a comprehensive ground water protection program.
13
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OPPTS
FY1993 Second Quarter Progress Report
GROUND WATER
Region
RI
Rfl
Rffl
RIV
RV
RVI
RVH
RVffl
RIX
RX
Total #
(«)
Developing SMP
CT,MA,ME,NH,RLVT
NJ, NY, Puerto Rico
DE, DC, MD, PA, VA, WV
GA,MS,NC,SC,TN
IL,IN,MLMN,OH,WI
AR,LA,NM,OK,TX
IA.KS.MO
MT.ND.SD.UT.WY
American Samoa, AZ, CA, Guam, HI,
ITCA,Navajo,NV
AK, ID, OR, Shoshone/Bannock
Tribes, WA
52
0>)
Completed SMP
None
None
WV
GA,KY,NC,SC,TN
WI
AR,LA,NM,OK,TX
None
None
AZ, CA, Guam, ffl, ITCA, NV
None
18
(c)
Coordinated Development Program
CT, MA, ME, NH, RI, VT
NJ, NY, Puerto Rico
DE, DC, MD, PA, VA, WV
AL, FL, GA, KY, MI, NC, SC, TN
WI
AR,LA,NM,TX
IA.KS.MO
UT
AZ,CA,HLNV
AK, ID, OR, WA
40
Worker Protection:
The following table lists the states that: (a) are developing Worker Protection Implementation Plans;
(b) have submitted completed Worker Protection Implementation Plans; and, (c) are actively pursuing
projects described in their Worker Protection Implementation Plan.
WORKER PROTECTION
Region
RI
Rfl
Rffl
RTV
RV
RVI
Rvn
RVffl
RK
RX
Total #
(•)
Developing Implementation Plans
CT,MA,ME,NH,RJ,VT
NJ, NY, Puerto Rico
DE,DC,MD,PA,VA,WV
AL, FL, GA, KY, ML NC, SC, TN
IL,IN,MI,MN,OH,WI
AR,LA,NM,OK,TX
IA,KS,MO,NE
MT.ND.SD.UT
American Samoa, AZ, CA, Guam, HI,
ITCA,Navajo,NV
AK.1D, OR, WA
54
(b)
Completed Implementation Plans
CT,MA,ME,NH,RLVT
None
None
None
None
None
NE
None
None
None
7
(c)
Implementing Implementation Plans
CT,MA,ME,NH,RLVT
NJ, Puerto Rico
None
None
None
None
IA,KS,MO,NE
None
None
AK, ID, OR, WA
16
Certification And Training (C&T):
The following table lists the states, territories, and tribes that: (a) have core training sessions or
materials for private and commercial applicators that include information on ground water, worker
14
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FY1993 Second Quarter Progress Report
OPPTS
protection and endangered species; (b) take measures to determine Private Applicator Competency
for Certification in the areas of ground water, worker protection and endangered species; and, (c)
include questions in Commercial Applicator Examinations on ground water, worker protection and
endangered species.
CERTIFICATION AND TRAINING
Region
RI
Rfl
Rffl
RTV
RV
RVI
RVE
Rvm
RTX
RX
Total #
(•)
Core Training Material/Sessions
CT,MA,ME,NH,RI,VT
NJ, NY, Puerto Rico
DE,DC,MD,PA,VA,WV
AL, FL, GA, KY, NO, NC, SC, TN
IL, IN, MI. MN. OH, WI
AR,LA,NM,OK,TX
IA,KS,MO,NE
CO.MT.ND.SD.UT.WY
AZ,CA,Guam,HI,NV
AK, ID, OR, Shoshone/Bannock
Tribes, WA
54
(b)
Private Applicator
CT,ME,NH,RI
NJ, NY, Puerto Rico
DE,DC,MD,PA,VA,WV
AL, FL, GA, KY, MI, NC, SC, TN
None
AR,LA,NM,OK,TX
IA,KS,MO,NE
CO.MT.ND
AZ,CA,Guam,HLNV
AK, ID, OR, Shoshone/Bannock
Tribes, WA
43
(c)
Commercial Applicator
CT,ME,NH,RI
NJ, NY, Puerto Rico
DE, DC, MD, PA, VA, WV
AL, FL, GA, KY, MI, NC, SC, TN
IL, IN, MI, MN, OH, WI
AR,LA,NM,OK,TX
IA,KS,MO,NE
MT.ND.SD.WY
AZ,CA,Guam,HI,NV
AK, ID, OR, Shoshone/Bannock
Tribes, WA
SO
OFFICE OF COMPLIANCE MONITORING
SUPPLEMENTAL ENVIRONMENTAL PROJECTS
Through second quarter of FY 1993, the regions and Headquarters settled 39 cases with
Supplemental Environmental Projects (SEPs): 20 TSCA cases, 16 EPCRA cases and 3 FIFRA cases.
Of the total 51 individual settlement terms identified as SEPs, 20 related to source reduction activities
and 16 to disposal activities.
FEDERAL INSECTICIDE, FUNGICIDE, AND RODENTICIDE ACT
FIFRA Inspections (State Inspection Data Is Lagged One Quarter)
During first quarter, the states completed 7,925 inspections or 32% of their yearly target of 24,491.
In first and second quarter, Regions 7 and 8 with non-delegating programs conducted 131 pesticides
inspections or 38% of their 342 yearly target.
FIFRA State Enforcement Indicators
Through second quarter, states had the following enforcement indicators:
Significant Enforcement Actions 375
15
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OPPTS FY1993 Second Quarter Progress Report
Stop-Sale Orders 70
Warning Letters 1,119
FIFRA Enforcement Activity
One hundred fourteen FIFRA Administrative Complaints were issued through second quarter of FY
1993, compared to 134 in FY 1992. One civil referral was sent to DOT in FY 1993 and one had been
referred at this time last year. No criminal referrals have been referred this year compared to 7 in
second quarter of FY 1992.
TOXIC SUBSTANCES CONTROL ACT
TSCA Inspections
At the end of second quarter, the regions had conducted 409 TSCA compliance inspections or 42%
of the yearly target of 966 inspections.
Under cooperative agreements with states, 859 TSCA inspections were performed or 50% of their
yearly target of 1731 in FY 1993.
TSCA Enforcement Activity
Through second quarter of FY 1993, 110 administrative complaints were issued for TSCA, compared
to 180 at this time last year.
One TSCA civil referral was referred to DOJ in FY 1993 compared to three in FY 1992. To date,
one TSCA criminal referral has been referred to the Office of Criminal Enforcement. None had been
referred at this time last year.
EMERGENCY PLANNING AND COMMUNITY RIGHT-TO-KNOW ACT
EPCRA $313 Inspections
The regions conducted 321 EPCRA § 313 compliance inspections or 44% of their 683 yearly target.
EPCRA § 313 Enforcement Activity
Fifty-two EPCRA administrative complaints have been issued to date compared to 80 at this time last
year.
16
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FY 1993 Second Quarter Report OSWER
OFFICE OF SOLID WASTE AND EMERGENCY RESPONSE
INTRODUCTION
The Office of .Solid Waste and Emergency Response (OSWER) has programs to address statutory
mandates and environmental goals through its strategic plan. Each program develops measures of
progress through their annual operating guidance process, and regions and states report their
numerical and narrative accomplishments into the Agency's centralized management system, called
Strategically Targeted Activities for Results System (STARS). Most of the OSWER data in STARS
come from large, national automated databases maintained by OSWER: Resource Conservation and
Recovery Information System (RCRIS) and Comprehensive Environmental Response,
Compensation, and Liability Information System (CERCLJS).
SOLID WASTE
The Office of Solid Waste (OSW) in OSWER manages a solid waste program under Subtitle D of the
Resource Recovery and Conservation Act (RCRA) of 1974, as amended by the Hazardous and Solid
Waste Amendments (HSWA) of 1984. OSW has activities to minimize waste quantity, and to
promote environmentally sound management
MUNICIPAL SOLID WASTE HAS INCREASED STEADILY OVER TIME
% MATERIALS RECYCLED HAS INCREASED ALSO
200 -I
150 •
100 •
i
50 •
0-
Millions of Tons
per year
-xx"
. .1^"
•^
1 1 h h-
•
/
•
4.5.
4-
3.5 •
3-
2.5;
2-
-H 1
Pounds per capita
per day ^*^-
t^*^r
.x^*
.
i i i
17.1%
% Recovered for
recycling per year
9.6%
7.1% '
'60 '65 70 75 '80 '85 '90 '60 70 '80 '90
Source: RCRA Environmental Indicators, FY 1992 Progress Report, April 1993, pp. 4-9, 4-10, 4-11.
MINIMIZING WASTE
OSWER has no STARS measures to track solid waste minimization activities. Some recent solid
waste minimization activities from OSW weekly reports include:
• Shredded tires for the White House jogging path were located through the National Electronic
Network for Waste Exchanges in Spokane WA;
• OSW may soon start a "Challenge" program to minimize waste with Fortune 1000
companies (500 manufacturing and 500 service);
• Several grocery store chains are starting source-separated composting, combining yard
trimmings with organic wastes, to reduce the cost of landfilling; and
• Eight states participated in a State/EPA industrial waste workshop.
17
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OSWER FY 1993 Second Quarter Report
ENSURING ENVIRONMENTALLY SOUND MANAGEMENT
For sound management of municipal wastes, OSW is fostering the development of EPA-approved
state and municipal solid waste landfill (MSWLF) programs. STARS data show:
• Virginia and Wisconsin are the first to receive final approval for their MSWLF programs;
• Florida and Colorado applied for approval of their MSWLF programs; and
• The Menominee and Campo Indian Tribes also expressed interest in the MSWLF program.
OSWER has no STARS measures to track sound management of special or industrial wastes.
HAZARDOUS WASTE
OSW and the Office of Waste Programs Enforcement (OWPE) manage the hazardous waste program
under Subtitle C of RCRA and HSWA. OSW and OWPE have activities to minimize waste,
promote environmentally sound management, and prepare for and respond to releases.
ONLY 4.6% OF ALL HAZARDOUS
WASTES ARE NON-WASTEWATER
MANAGED UNDER RCRA
Non-Wastewaten
7 m tons. 4.6%
Chemicals & Allied
Products (SIC 28)
2.5 m tons, 34.2%
Primary Metals
(SIC 33)
1.6 m tons, 22.8%
Source: RCRA Environmental Indicators, FY 1992 Progress Report, April 1993, p.4-6.
MINIMIZING WASTE
Region V, the first ever to report hazardous waste
minimization activities to STARS, reported:
• Providing technical assistance to two
companies in northwest Indiana;
• Finalizing waste minimization language in
permits;
• Following several supplemental
environmental projects in consent decrees;
and
• Participating in the Midwest States Pollution
Prevention Roundtable.
RECENT HAZARDOUS WASTE
MINIMIZATION ACTIVITIES
Region V reports one settlement agreement for
$7 million for Inland Steel, which includes
pollution prevention in its supplemental
environmental projects.
Region VIII reports 80% of its hazardous waste is
generated by federal facilities, and a federal
facility policy to address this is under
development.
18
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FY 1993 Second Quarter Report
OSWER
Regions submitted complete 1991 Biennial Report data for 45 states by the goal date of November
30th, 1992, and for three more states since then, for a total of 48 states by mid-year.
ENSURING ENVIRONMENTALLY SOUND MANAGEMENT
OSW has two main activities to carry out environmentally sound management: making the program
more effective and rational, and enforcing statutory requirements. OSWER has no STARS measures
to track state capacity planning, although this is an important program element.
More Rational RCRA Subtitle C Program
For RCRA facility permitting and closure, STARS data at mid-year show regions and states:
Approved closure plans of 147 facilities by
mid-year, up from 65 this time last year.
Many closure plan approvals are for facilities
losing their interim status or are non-
notifiers. OSW's priorities for closing
facilities are to complete Part-B Applications
and corrective action.
Made operating permit decisions for 39
facilities by mid-year, down from 46 this
time last year. OSW's priority for operating
facilities is corrective action at high risk
facilities (where needed).
RCRA FACILITIES FILE FOR
CLOSURE PLAN APPROVALS
AND OPERATING PERMITS
1500-r
1000--
500
Closure Plans
Approved
805
•*243
Permit Determinations
Made
89
90
91
92
93
Q2
Enforcing Statutory Requirements
In FY 1993, the RCRA enforcement program will emphasize compliance with regulations regarding
incinerators, boilers, and industrial furnaces. It will
conduct inspections of treatment, storage, and
disposal facilities to ensure compliance with
operating requirements and corrective action
schedules (if any), as well as inspections of
transporters and large quantity generators. The
regions and states will focus on addressing facilities
that have been in significant noncompliance (SNC)
for long periods.
The enforcement program will also implement the
Strategic Management Framework for the corrective
action program, targeting highest priority facilities
by environmental significance and long-term
environmental benefit.
RECENT RCRA ENFORCEMENT RESULTS
There are 1,912 facilities in full physical
compliance with no outstanding class I
violations. This is a new measure of good
performance. There are also:
No facilities where class I violations are on
compliance schedules with nfl schedule
violations;
300 facilities in SNC for three-plus years
with a formal enforcement action;
468 facilities with same subsequent
violations after a FY 1991 formal
enforcement action; and
569 facilities with same subsequent
violations after a FY 1990 formal
enforcement action.
19
-------
OSWER FY 1993 Second Quarter Report
By mid-year, there were inspections at:
13 land disposal facilities by regions (compared to 37 for the same period last year);
453 land disposal facilities by states (compared to 435 last year).
37 treatment, storage and disposal facilities by regions (compared to 61);
592 treatment, storage and disposal facilities by states (compared to 714).
132 federal, state and local treatment, storage and disposal facilities; and
2,819 hazardous waste generators.
During the first two quarters, EPA referred 2 RCRA civil cases to the U.S. Department of Justice
and 9 criminal cases to the Office of Criminal Enforcement compared to 10 civil cases and 17
criminal cases for the same period last year. The states reported 8 criminal actions and 43 civil
actions for the first two quarters. EPA issued 68 formal administrative actions compared to 136 for
the same period last year. The states issued 600 administrative actions compared to 608.
PREPARING FOR AND RESPONDING TO RELEASES
OSW estimates that about 50-70% of 4,218 treatment, storage, or disposal facilities need corrective
action because of releases. The RCRA Environmental Indicators FY 1992 Progress Report shows:
2,637 RCRA FACILITIES WERE PRIORITIZED BY FY 1993
24% ARE HIGH PRIORITY
REGIONS PLAN TO PRIORITIZE 1,581 IN FY 1993.
Unranked37%
1,581 Facilities
Medium priority 20%
Low priority 19% \ JT> 831 Facilities
785 Facilities
Source: RCRA Environmental Indicators, FY 1992 Progress Report, April 1993, p. 6-6.
By mid-year, STARS data showed:
• Six NCAPS high priority facilities had information collection and study started (Stage I),
• Six have had remedy development and selection started (Stage El), the same as last year,
• 170 facilities have been evaluated for immediate stabilization measures (where needed),with
more than 25% of the work done in Region IV, down from 244 this time last year, and
• 15 have had remedy or stabilization started (Stage HI), about the same as last year.
SUPERFUND
The Office of Emergency and Remedial Response (OERR) and OWPE implement the Superfund
program established by the Comprehensive Environmental Response, Compensation and Liability
Act (CERCLA) of 1980, as amended by the Superfund Amendments and Reauthorization Act
(SARA) of 1986. OERR addresses abandoned hazardous waste sites through the Hazardous Waste
20
-------
FY 1993 Second Quarter Report
OSWER
Trust Fund (Superfund) for emergency removals or long-term remediation, and OWPE uses
enforcement actions to encourage potentially responsible parties (PRPs) to clean up the 1,286 sites
now on the National Priority List (NPL). OERR and OWPE have several activities to promote
environmentally sound management, and to prepare for and respond to releases.
ENSURING ENVIRONMENTALLY SOUND MANAGEMENT
SARA increased the emphasis on ensuring the effectiveness of long term cleanup solutions for
Superfund sites. By mid-year, Superfund completed cleanup construction at 154 NPL sites.
NPL SITE
CLEANUP STAGE
Remedial Investigation/
FS or Removal Started
Remedies Selected plus
Removal Started
Remedial Action
Started On Site
Remedial Action
Completed for OUs
NPL Site Cleanups
Completed
Through 2nc
Qtr (Actual)
5
28
17
11
154*
End of This
Year (Goal)
30
172
67
200
* Note: Per Superfund staff, as of May 14th, 164 NP
not entered the data into the CERCLIS data base (or S
End of Last
Year (Actual)
35
120
101
88
149
Comments
Removal Started refers to
Action Memorandum signed.
Changed to Contractor
Mobilization On Site.
There may be more than one
Operable Unit on site.
Goal may not be reached with
budget reduction.
L sites had been cleaned up, but Regions have
TARS).
OSWER has no STARS measures to track innovative technology to remediate soil and ground
water with greater effectiveness at lower cost, or the Superfund Accelerated Qeanup Model (SACM)
which has pilots in each region this year.
PREPARING FOR AND RESPONDING TO RELEASES
Improve Site Identification and Remediation
OERR is trying to reduce the time from site identification to effective response. STARS data show
five NPL sites with first activity (a removal or remedial investigation or feasibility study started).
OSWER has no STARS measures to track progress cleaning up non-NPL sites. Each year about
1,750 site investigations are done, resulting in 60-80 sites nominated for the NPL.
Enforcing Statutory Requirements
In FY 1993, the Superfund enforcement program will continue to both expand the universe and
accelerate the process of private party response by emphasizing:
• Timely and thorough searches for PRPs;
• Negotiation of Remedial Investigation/Feasibility Study and Remedial Design/Remedial
Action agreements within established firm deadlines;
• Implementation of the Superfund Accelerated Cleanup Model by participating in negotiations
on enforcement activities for PRP responses at earlier stages of the Superfund process;
• Compliance with consent decrees and administrative orders; and
• Compliance with their terms of settlement agreements, unilateral orders, and judgments to
implement response action by taking enforcement actions where necessary.
21
-------
OSWER
FY 1993 Second Quarter Report
In order to reduce "transaction costs", EPA will
seek to resolve the liability of more parties and
deal with "collateral" PRPs (e.g., small parties)
earlier in the process through the use of de
minimis settlements. To further reduce transaction
costs, EPA published its final lender liability rule
in June 1992, making clear that lenders with
mortgages on contaminated properties are not
candidates for enforcement actions unless they
actually controlled operations at the facility or
foreclosed on the property and caused
contamination at the site.
RECENT SUPERFUND ENFORCEMENT RESULTS
• 20 RD/RA settlements (consent decrees
referred to DoJ and UAOs in compliance);
• No RD/RA injunctive referrals under §107,
§106/7;
• 50 cost recovery actions/decisions taken over
$200,000;
• 2 de minimis §122 settlements and PRP
signatories; and
• No de minimis §122 settlements and PRP
signatories prior to first ROD.
The program will maintain its emphasis on case
referrals against noncompliers and non-settlers to the Department of Justice. The cost recovery
component will continue to stress targeted case referrals and improved claims resolution to maximize
reimbursement of Trust Fund revenues. In addition to pursuing § 107 cost recovery civil actions
(including treble damage claims), the program also will increase the use of Alternative Dispute
Resolution (ADR) and mediation for settling cost recovery actions administratively.
In the Office of Enforcement Docket, the total number of CERCLA § 107 cost recovery referrals to
DOJ, including those less than $200,000 and/or those involving proof of claim bankruptcy issues,
was 15 for the first two quarters of FY 1993 compared to 18 for the first two quarters of FY 1992.
Overall, there were 30 CERCLA civil referrals during the first two quarters compared to 39 in FY
1992 and 50 in FY 1991. During the first two quarters of FY 1993, 81 administrative orders (AOCs
and UAOs) were issued compared to 86 last year.
ACCIDENTAL RELEASES
The Chemical Emergency Preparedness and Prevention Office (CEPPO) manages a program under
the Emergency Planning and Community Right-to-Know Act of 1986, the Clean Air Act
Amendments of 1990 as it relates to accidental chemical releases, and the Hazardous Materials
Transportation Uniform Safety Act of 1990. CEPPO has activities to track and prevent harmful
accidental releases, and to prepare for and respond to accidental releases.
PREVENTING HARMFUL RELEASES
CEPPO's strategy is to improve release prevention practices and technologies by:
• LandviewTM, a new mapping software, which can generate maps with the locations of high
risk areas and with population and housing data from the 1990 census. These maps can help
determine the distribution of human exposure to risks by population subgroups.
• Chemical safety audits in companies, which are done to review where improvements can be
made and the options for implementing better safety measures. By mid-year, STARS data
show 17 chemical safety audits were conducted on site with final reports submitted.
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FY 1993 Second Quarter Report
OSWER
PREPARING FOR AND RESPONDING TO RELEASES
CEPPO improves the preparedness of federal, state, and local entities to respond to hazardous
materials releases by working with states and local
communities to help them develop and implement
emergency response programs. A CEPPO team
recently went to Jamaica at the request of the
Jamaican government to evaluate its chemical
emergency preparedness and contingency planning.
As a result of the visit, the Jamaican Coast Guard
agreed to include local government in its upcoming
exercise, which will address some of the problems
which were identified. The EPA team made
recommendations for short and long term technical
assistance and training programs for Jamaica.
RECENT RESULTS IN PREPARING FOR AND
RESPONDING TO ACCIDENTAL RELEASES
455 technical assistance and training activities
carried out;
202 facilities with releases returned Accidental
Release Information Program questionnaires;
54 penalty enforcement actions with final
complaints were referred to the Office of
Regional Counsel with evidence.
OIL POLLUTION ACT
OERR manages a program under the Oil Pollution Act (OPA) of 1990 to address releases of oil from
above ground storage tanks. The OPA program has activities to prevent harmful releases and to
prepare for and respond to releases.
PREVENTING HARMFUL RELEASES
OERR implements a. program to reduce the harmful effects of spills from above ground oil storage
tanks. Nationwide, there are about 6,000 major above ground oil storage tank facilities which are
the highest risk (high volumes or vulnerable water resources). All major above ground oil storage
facilities must have their response plans reviewed and approved by February 1995, or stop handling,
storing, or transporting oil. So far:
• EPA proposed the Facility Response Plan regulation in the Federal Register in February
1993. This rule outlines which facilities must submit plans for review and approval, what
information is required in the plans, and what steps facilities will take to respond to a worst
case oil spill.
• Pending finalization of the Facility Response Plan regulation, over 4,000 major above
ground oil tank storage facilities have sent in plans to regional offices.
PREPARING FOR AND RESPONDING TO RELEASES
Improve Site Identification and Remediation
To improve identification and remediation, OERR plans and conducts responses to oil spills from
major above ground oil storage tank facilities. By mid-year, STARS data show:
• 11 OPA-funded oil spill cleanups; but
• No administrative or judicial penalties against violations of the OPA or prevention
regulations.
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OSWER
FY 1993 Second Quarter Report
UNDERGROUND STORAGE TANKS
The Office of Underground Storage Tanks (OUST) manages a program under Subtitle I of RCRA to
address leaking petroleum (and in some cases chemicals) from underground storage tanks (USTs).
The OUST program has activities to prevent harmful releases and to prepare for and respond to
releases.
PREVENTING HARMFUL RELEASES
OUST implements a program to reduce the harmful effects of releases from underground storage
tanks. Although there are about five to seven million underground storage tanks in the nation,
OUST regulates about 1.6 million, of which 15-25% have leaked or will leak. In addition, about
500,000 USTs have been closed.
All states and territories currently implement UST
programs. STARS data show:
• 16 states applied for EPA approval of their
UST programs, including five new states
this year; and
• 12 states got EPA authorization of their
UST programs, two new ones this year.
OUST recently sponsored the Fifth Annual
UST/LUST National Conference for 300 state and
federal program representatives. EPA and state
staff conducted sessions on UST leak prevention,
detection, and cleanup, as well as UST technology
transfer and inspector health and safety.
STATE UST PROGRAMS
State Applications (new in italics)
EPA Authorizations (new In Italics
New Hampshire
Vermont
Maine
Massachusetts
Rhode Island
Maryland
Mississippi
Georgia
Alabama
Oklahoma
New Mexico
Louisiana
North Dakota
Utah
Nevada
Washington
PREPARING FOR AND RESPONDING TO RELEASES
Enhance State Cleanup Capabilities
To enhance state capabilities to clean up hazardous
and petroleum waste sites, OUST provides training
on innovative corrective action and technical
assistance on such matters as field citations for
violations. Since the program started in 1987, mid-
year STARS data show:
• 216,233 underground storage tanks with
confirmed releases;
• 163,404 (75% of leaking USTS) with
cleanups initiated; and
• 74,263 (34% of leaking USTS) with
cleanups completed.
UST RELEASES RISE BUT
CLEANUPS ARE CONTINUING
250 T
216
89
Cleanups
Completed
t i
90
91
92
93
Q2
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FY 1993 Second Quarter Progress Report
OFFICE OF WATER
INTRODUCTION
ow
The Water Program mission, as stated in its draft strategic plan Water Planet IV, is to maintain
environmental and human health gains, to prevent or reduce pollution to maximize risk reduction,
and to restore high-priority resources.
The FY 1993 Quarterly Progress Reports will chart the Office of Water's (OW) progress in
meeting its program priorities as expressed in the FY 1993 Agency Operating Guidance and
accompanying activity measures tracked in Strategic Targeted Activities for Results System
(STARS). This discussion of program priorities and progress will be organized by environmental
program areas.
POINT and NONPOINT SOURCES
Threats to rivers, streams and lakes are characterized as point or nonpoint in origin. Point source
discharges include industrial and municipal effluent; pollutants of concern include total suspended
solids, toxic organics and inorganics and thermal pollutants. Nonpoint source discharges include
runoff from agriculture, urban, industrial and silvicultural lands; surface discharge of septic tanks;
contaminated sediment; acid deposition; solid waste disposal; hazardous waste sites; and pesticide
runoff.
The goal of the Water Program is to reduce loadings to improve ambient conditions. Current
strategies are to target pollution prevention and control activities. As describe below, some
activities in support of this goal are tracked in STARS.
POINT SOURCES
Construction Grants and State Revolving Fund (SRF)
The Construction Grant Program provides
monies to local governments for the construction
of wastewater treatment facilities. The 1987
Clean Water Act (CWA) amendments provided
no new additional monies for the Construction
Grant Program after FY 1990, but provided new
resources for the State Revolving Fund Program
(SRF) and special projects under the SRF. The
SRF provides assistance to states for wastewater
treatment facilities, nonpoint source pollution
control, and estuary projects.
The construction grant process tracked in STARS begins with outlays. In the second quarter of FY
1993, Agency-wide cumulative net outlays for grants and SRF were 89% of the quarterly target.
OW explained that outlays are lagging at mid-year due to a decision by the State of New York to
change the basic structure of its SRF program away from an aggressively leveraged program,
which will lower outlays by about $80 million dollars overall this year. The unusually wet weather
in California also impacted outlays during the first half of the year.
Construction Grant Process
Planning (1-2 years)
Engineering Design (1-2 years)
Obligation of Funds (2-3 years)
-Net Outlays for SRF & Conduction Grants
Construction (3-5 years)
> Administrative Completion (18 months)
Audit and Audit Resolutior
———————- Project Qoseout
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FY 1993 Second Quarter Progress Report
In response to the 1987 CWA Amendments, OW developed a national strategy to expedite closeout
of the Construction Grant Program. The strategy calls for the administrative completion of all
construction grant projects by FY 1995 and project closeout by the end of FY 1997.
Administrative completion occurs after the construction has been completed, the project has
successfully concluded a one-year performance startup period and all costs have been paid. The
actual event that signifies administrative completion is the formal request to the Office of the
Inspector General requesting a formal audit. Administrative completion is the last major action
performed by a delegated state agency in the construction grant process. Closeout occurs after an
audit has been performed, the audit findings resolved, and all recovered funds repaid to the U.S.
Treasury. The actual event that signifies closeout is the formal transfer of the project files to the
Federal Records Center.
Through the second quarter, the regions reported 199 administrative completions against an end of
the year (EOY) target of 516 (39%). Last year at this time administrative completions were at the
same 39% level, with in an EOY performance of 92% of target. Through the second quarter, the
Regions reported 394 project closeouts against an EOY target of 769 or 51%. Last year at this
time project closeouts were at a 60% level, with in an EOY performance of 135%.
National Pollutant Discharge Elimination System (NPDES) Permits and Enforcement
NPDES Permits:
The NPDES permit program is the key regulatory tool
for limiting point source discharges. Originally
designed to control conventional pollutants, the
program now also limits toxics and combined sewer
overflows (CSOs). STARS tracks permits reissued or
modified with water quality-based limits for toxics by
EPA and the 39 delegated states. NPDES permits
ensure that a discharge does not violate state water
quality standards and therefore protects against adverse
impact to aquatic life and human health.
NPDES
Non-Delegated States
EPA regional performance in re-issuing
permits was well below last year's
performance. EPA regions reported re-
issuing 26 NPDES permits against a EOY
target of 299. Delegated states reported re-
issuing 330 permits against an EOY target
of 956. Historically performance in the first
half of the year has been low with regions
and states making up the majority of the
work by the EOY.
Compared to previous levels of
activity, Regions may not make the
EOY expectation.
400
300
200
100
02 Q4
AVERAGED FY 90-92
' O2 larger extrapolated
from provioiM years.
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FY 1993 Second Quarter Progress Report OW
NPDES Enforcement
The principal FY 1992 enforcement objective for the NPDES r. _0 n is to maintain high levels of
compliance utilizing the SNC / Exception reporting and enforcement process.
Of the 7,170 total major NPDES facilities, 593 or 8% were in SNC during second quarter. At this
time last year, 674 or 9% of the majors were in SNC.
Last quarter's exceptions list contained 110 major facilities. During second quarter, 46 returned to
compliance, and 20 were subject to enforcement action. The remaining 44 unresolved facilities
plus 55 new SNCs added as exceptions during the quarter constitute the pending balance of 99
facilities.
Through second quarter, EPA issued 455 administrative compliance orders, including 20 for
failure to implement a pretreatment program and 62 proposed penalty orders for NPDES
violations. States issued 649 orders including 145 penalty orders. Last year's second quarter
numbers were 649 for EPA and 609 for states.
State civil actions included 55 referrals sent to their State Attorneys General, 16 filed in state court,
and 90 cases concluded.
Pretreatment Audits and Inspections
Pretreatment programs assure that Publicly Owned Treatment Works (POTWs) enforce controls to
protect human health and the environment from conventional, hazardous and toxic pollutants.
n audit must be performed once during the five-year term of each facility's permit. An audit or
spection should be conducted annually. EPA and the states conduct audits of pretreatment
programs and inspections of pretreatment facilities. STARS tracks the number of audits and
inspections conducted quarterly.
Nationally, audit and inspection performance is proceeding at last year's pace. Regions and states
reported completing 109 audits and 348 inspections.
Storm Water
Combined sewer systems are designed
to transport both sanitary and industrial
wastewaters as well as storm water
runoff to POTW treatment facilities for
treatment prior to discharge to receiving
water bodies.
Storm water runoff is a pan of the natural hydrologic
process. However, human activities, particularly
urbanization, can alter natural drainage patterns and add
pollutants to the rainwater and snowmelt that enters our
nation's rivers, lakes, streams, and coastal waters. The
National Water Quality Inventory, 1990 Report to
Congress indicates that roughly 30% of identified cases of
water quality impairments are attributable to storm water discharge. To address this problem, the
CWA required EPA to publish regulations to control storm water discharge under NPDES.
NPDES storm water discharge permits will allow the states and EPA to control pollution, and track
and monitor sources of storm water pollution program.
The goal of the storm water program is to improve the water quality by reducing the pollutants
contained in storm water discharges. A major key to meeting this goal is the development and
implementation of a storm water pollution prevention plan as a condition of the general permit
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FY 1993 Second Quarter Progress Report
STARS tracks the number of baseline permits issued for industrial sources and the number of
Notices of Intent (NOI's) submitted under those general permits. A baseline general permit is a
permit issued focusing in on regulating storm water discharges associated with industrial activities.
During second quarter, regions and states reported issuing 26 general baseline permits and
receiving 14,364 NOI's. Regions HI, IV, and V did not report under this measure.
NONPOINT SOURCES (NFS)
Watershed Assessment
The OW will continue to assist states in implementing approved state NFS Management Programs
under Section 319 of the CWA, and will continue to support the Agricultural Pollution Prevention
Strategy. In addition, OW will continue to support the states in the development of the Total
Maximum Daily Loads (TMDLs) as a basis for priority watershed assessment and protection
programs.
STARS will track, in the fourth quarter.the degree to which states are actively implementing NFS
controls and management practices in the watersheds of the priority waterbodies. As with last
year, STARS will also track the total number of complex and non-complex TMDLs. This
information will be used as baseline data for tracking impaired and threatened waterbodies.
ESTUARIES, COASTS, AND OCEANS
In the National Water Quality Inventory: 1990 Report to Congress, 22 states provided use-support
information on their estuarine waters. Of the total 26,500 square miles assessed, 56% were found
to fully support designated uses.
Threats to estuaries and coastal waters are similar to
those affecting rivers, lakes, and streams. Problems
of particular concern in coastal waters include
contaminated shellfish waters and impacts on unique
estuarine and marine ecosystems such as sea grasses,
shrimp nurseries, and habitats for migratory fish such
as shad and salmon.
Triennial Review
In support of ecological protection to
ensure healthy fish and wildlife populations,
current program objectives include:
• increasing the percentage of waters fully
supporting aquatic life use in targeted waters;
• decreasing the dead zones in
geographically targeted waters; and
• reducing the amount of debris in the marine
environment.
The emphasis of these reviews is the reduction of ecological risk to critical waterbodies. The
requirements are designed to enhance the ability of states to adopt water quality standards that will
reduce risks facing aquatic resources, particularly from nonpoint sources, combined sewer
overflows, and storm water runoff. The critical waterbodies targeted include wetlands and coastal/
estuarine; but may also include lakes, streams, and rivers.
• In second quarter, three states (in Regions VI, DC, and X) completed a review, meeting the
target Nationally, states are expected to complete an additional 20 reviews by EOY.
• A total of 20 states and territories completed reviews in FY 91-92. A total of 57 reviews had
been targeted for the FY 91-93 cycle.
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FY 1993 Second Quarter Progress Report
OW
National Estuary Program (NEP)
The NEP assists state and local implementation of
Comprehensive Conservation and Management Plans
(CCMPs) which outline recommendations critical to
improving or preserving the environmental integrity of 21
targeted estuaries. The development of a CCMP has four
phases:
• 1) creating a decision-making framework through
involvement of all stakeholders;
• 2) characterizing the estuaries' priority problems and
their probable causes;
• 3) developing the CCMP (tracked in STARS); and
• 4) approving and implementing the CCMP.
In second quarter, no CCMPs were reported to have been
completed in draft or final.
Ocean Dumping
OW has identified the ocean dumping of dredged material
as a risk to coastal water quality. STARS tracks two
stages in the process of designating a dumping site:
environmental impact statements (EIS) and final actions.
A final action is used to determine whether the site will actually be designated for ocean dumping.
In second quarter no EIS were completed (EOY target is four), and no sites were designated (EOY
target of five).
WETLANDS
A variety of activities and physical alteration can result in damage to wetlands and habitats.
Channelization, dam construction and operation, surface and ground water withdrawals, urban
development, and the disposal of dredged material are all among the disturbances which alter water
quantity and flow patterns, and wetlands and other aquatic ecosystems. The goal for our nation's
wetlands is "no net loss" as measured by acreage and function. Over time, the Agency seeks to
help achieve an increase in the quality and quantity of the nation's wetlands.
The Wetlands program implements and enforces CWA §404 and uses a variety of strategic
approaches to promote wetlands protection activities, including making advance identifications,
working with federal and state agencies, providing public education and outreach and assisting in
wetlands resource planning.
17 Management Conferences
of the NEP
Puget Sound - final FY91
Buzzards Bay - final FY92
Narragansett Bay - final FY92
San Francisco Bay - draft FY92
Albemarle-Pamlico Sounds - draft FY92
Long Island Sound
New York-New Jersey Harbor
Delaware Inland Bays
Santa Monica Bay
Sarasota Bay
Galveston Bay
Delaware Bay
Casco Bay
Massachusetts Bay
Indian River Lagoon
Tampa Bay
Barataria-Terrebonne Bays
- nominated but not convened --
Peconlc Bay, New York
San Juan, Puerto Rico
Corpus Christ), Texas
Tlllamook Bay, Oregon
In FY 1993, STARS tracks strategic initiative activities undertaken by the regions to improve
protection of wetlands and other critical aquatic habitats.
• In second quarter, regions completed 36 major public education/outreach initiatives (half were
in Region IV), and 3 comprehensive management and planning initiatives.
• Almost one-third of the Wetlands public education and outreach initiatives to-date have been
completed this year.
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OW FY 1993 Second Quarter Progress Report
§404 ENFORCEMENT
FY 1993 enforcement priorities identified by the wetlands program include participation in
geographically based enforcement initiatives and expanded use of judicial and administrative
enforcement authorities. STARS tracks enforcement cases initiated and resolved. Through second
quarter, the Federal wetlands enforcement program issued 77 administrative compliance orders
including 20 for penalties. Regions reported 127 cases were resolved.
DRINKING WATER
Drinking water may contain a wide variety of contaminants from both natural and man-made, and
point and nonpoint sources. Pollutants of concern include microbial contamination, disinfection by-
products, lead and other inorganics such as copper and heavy metals, radionuclides, and toxic
organics. The overall strategic planning goal for this area is to ensure, by enforcing existing and
new regulations, that all Americans receive drinking water of quality sufficient to protect their
health.
In FY 1993, OW will continue to emphasize regulatory development for contaminants specified in
the 1986 Safe Drinking Water Act (SDWA) Amendments. Program activities include increasing
enforcement to maintain and improve compliance rates, building state capacity and providing
increased public education to help speed the adoption of new regulations by the states, and
improving the Agency's scientific and technical base to strengthen federal, state, and local
decisionm along.
Public Water Systems Supervision (PWSS)
The drinking water program's principal focus is on public water systems that serve 25 or more
people and are covered by SDWA. A secondary, nonregulatory emphasis of the program is on
systems supporting fewer than 25 people. In FY 1993, the PWSS program will shift its focus to
building the support, expertise, and institutional mechanisms to implement the lead and copper
rule, and the 38 new and revised inorganic and synthetic organic standards that will be in effect this
fiscal year. Regions report that all states have adopted the SDWA regulations for Volatile Organic
Compounds, Public Notice, Total Coliform rule, and Surface Water Treatment rule (Kansas has
not adopted the Surface Water Treatment rule), and that 19 states have adopted both the Phase n
and Lead/Copper rules.
PUBLIC WATER SYSTEMS SUPERVISION ENFORCEMENT
The objective of the PWSS enforcement program is to protect public health by ensuring compliance
with drinking water standards. Violations of drinking water regulations are reported into a national
database, and significant noncompliers (SNCs) are those water systems with large numbers of
violations, or those where the levels of contamination exceeds a short-term acceptable risk level.
SNCs that do not return to compliance and are not addressed by an enforcement action within a
specified time become "exceptions."
States and regions are expected to initiate enforcement actions against SNCs/exceptions promptly,
or in certain instances, initiate other actions that will return a system to compliance quickly.
Compliance is monitored primarily with the SNCs/exceptions report format, and enforcement
actions are initiated by the states and regions against those systems which do not return to
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FY 1993 Second Quarter Progress Report OW
compliance within standard times. PWSS STARS measures are reported on a one-quarter lagged
basis to accommodate the state data reporting process.
Follow-up of the 617 SNCs for microturbidity (M/T; previously reported as "new" in fourth
quarter FY 1992 and first quarter FY 1993) has resulted in 63% being resolved by either returning
to compliance or by an enforcement action during the timely and appropriate period. Tl
remaining 231 systems have been added to the exceptions list. Follow-up of the 351 ne.v
chem/rad SNCs for the same period resulted in 71% being resolved. The remaining 143 systems
were added to the exceptions list. These statistics portray an improvement over FY 1992 progress.
• Of the 684 exceptions for M/T which existed at the beginning of second quarter, a total of 352
(51%) were resolved by either returning to compliance or initiating an enforcement action by
the end of the quarter, the other 332 systems remain to be addressed. In addition, at the end of
second quarter 122 systems were added to the exceptions list, a total of 454 exceptions.
• Of the 301 chem/rad exceptions, 149 (49%) were resolved in the same time period, leaving 152
systems to be addressed. In addition, 91 systems were added to the exceptions list, making a
total of 243 chem/rad exceptions at the end of the quarter.
EPA enforcement activity for the first two quarters of FY 1993 included issuance of 602 notices of
violations, 244 proposed administrative orders, 137 final administrative orders, 21 complaints for
penalty, and 3 new civil referrals. States issued 141 administrative compliance orders, referred 88
civil cases, and filed 2 criminal cases.
GROUND WATER
Ground water provides drinking water supplies for about
half of the U.S. population, and several states depend on
ground water for over 90% of their drinking water. All
forms of ground water pollution comprise this problem
area. Pollution sources include fertilizer and pesticide
leaching, septic systems, road salt, all injection wells,
waste treatment/storage/disposal sites, Superfund sites,
nonwaste material stockpiles, pipelines, and irrigation
practices. The list of possible contaminants is extensive,
including nutrients, toxic inorganics and organics, oil and
petroleum products, and microbes.
The Water Program has identified a set
of priority objectives to meet its Ground
water goals including:
• increase the number of states
implementing Comprehensive State
Ground Water Protection Programs;
• increase state and local involvement
in the Wellhead Protection Program; and
• work to eliminate 100% of identified
hazardous waste and endangering
shallow injection wells, and ensure
continued compliance for the operation
of all other injection wells.
EPA's overall goals are to prevent adverse affects to
human health and the environment and to protect the
environmental integrity of the nation's ground water. Progress in activities to meet this goal is
described in the following sections.
Comprehensive State Ground Water Protection Programs (CSGWPP)
The CSGWPPs provide a state-level framework that integrates the various federal, state, and local
government ground v/ater activities, the final guidance of which was released in second quarter.
Integration will extend beyond various ground water pollution source control programs to include
ground water data systems, coordinated federal grant assistance to states, and consistent ground
water regulations. Participating states will develop their programs through a multi-step process
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FY 1993 Second Quarter Progress Report
over several years, and progress will be reported to STARS annually (in fourth quarter). Pilot
programs are underway in 11 states.
Wellhead Protection Program (WHPP)
The Wellhead Protection Program is a vital and key
component of the CSGWPP and serves as a prime
example of OW's pollution prevention efforts to
protect underground sources of drinking water.
Priority will be given to contaminating shallow
injection wells in targeted wellhead protection areas.
Because the CSGWPPs are required to include an
approved WHPP, the number of WHPPs is
expected to increase in future years. One plan, from
West Virginia, has been approved this year, bringing
the total to 27 states approved.
Underground Injection Control (UIO
Wellhead Protection Plans have increased gradually
from FY 89, when the emphasis was to help states
and territories develop and implement either a whole
or partial plan.
Cumulative
FY90: 13 states
FY91: 17 states
FY92: 26 states
FY93: 27 states
I Approved programs.
I States most heavily using ground
water resources. (Environmental
Trends. CEO. 1989)
In FY 1993, the UIC program will continue its emphasis on targeted Class V wells that pose the
greatest risk to underground sources of drinking water, and on Class I hazardous waste wells
impacted by the RCRA land ban. Key components of the UIC pollution prevention strategy are
elimination of high risk wells and continued testing and monitoring of active wells.
• At mid-year, regions reported that 16,846 wells had been tested (EPA Direct Implementation
wells plus state primacy wells), exceeding the combined total of 14,242 wells targeted for
FY 1993. The wells tested are nine percent of all operable Class I-II-III wells, a level of
activity comparable to previous years.
• Region n was able to complete only 66% of the target due to a significant percentage of the
EPA-Direct Implementation wells that closed unexpectedly. For the most part, other regions
met or exceeded their respective targets.
UIC ENFORCEMENT
The UIC enforcement program focused on three objectives in FY 1992: identifying noncompliers,
maintaining compliance through enforcement, and reducing risk to public health arid the
environment through Class IV and Class V well closures.
Field inspections, MTTs, and reporting through second quarter have identified 1,071 wells as being
in SNC: 953 by the states and 118 by EPA (up from last year at this time, when 2,363 wells were
in SNC). This is an increase from the number of SNCs (894) that were identified at this time last
year. At the end of second quarter there were 629 wells on the Exceptions List (wells which have
remained in SNC for 90 or more days without a formal enforcement action). Most of these are
primacy wells in Regions I (124), V (150), and X (300).
In second quarter, EPA proposed 39 and issued 33 final administrative orders. States issued 508
administrative orders, of which 461 (91%) were issued by states in Region V (Illinois also
reported some enforcement actions against non-UIC oil producers). A total of 363 Class IV and V
wells were closed through second quarter (154 EPA and 209 primacy). Well closure requires the
owner/operator to permanently discontinue injection of an unauthorized and endangering fluid
contaminant which is in violation of RCRA, SDWA, or other applicable regulations.
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FY 1993 Second Quarter Progress Report OE
OFFICE OF ENFORCEMENT
INTRODUCTION
The Office of Enforcement (OE) Strategic Plan is an operative guide for media-specific,
cross-program, and multi-media enforcement. Activities within OE's purview aim toward: targeting
compliance monitoring and enforcement resources to achieve environmental results; screening for
enforcement response to realize the full potential of enforcement authority; and, gaining maximum
leverage from each individual enforcement action.
REGIONAL MULTI-MEDIA ENFORCEMENT ACTIVITIES
This is the second year that OE has gathered data on regional multi-media enforcement activities and
reported it to STARS. These data represent a new focus for OE and the regions, expanding the
Agency's traditional enforcement efforts to the multi-media arena.
For the first half of FY 1993, multi-media enforcement data are currently unavailable for Regions V,
VI, and Vm. Because there is almost no overlap of regions that reported on multi-media
enforcement activities in the first half of both FY 1992 and FY 1993, it is not possible to compare
regional performance in this area between the two years. Starting in third quarter, OE also will begin
to report on multi-media checklist inspections.
MULTI-MEDIA CONSOLIDATED INSPECTIONS
A consolidated inspection occurs when a single inspection covers two or more programs. By the end
of the second quarter of FY 1993, regions conducted a total of 77 consolidated inspections. The 77
multi-media consolidated inspections included 256 program-specific inspections (within twelve
different programs). All but one of the consolidated inspections included an EPCRA inspection.
MULTI-MEDIA COORDINATED INSPECTIONS
A coordinated inspection is one in which no more than three months have elapsed between inspection
by one program and subsequent inspection by another program. The coordinated inspection must be
the result of prior collaboration and planning between programs. The regions completed 13
multi-media coordinated inspections during the first half of the year; these included 28
program-specific inspections.
MULTI-MEDIA CIVIL JUDICIAL REFERRALS
Civil judicial referrals include both consolidated referrals and coordinated referrals. A consolidated
referral is one in which: at least two discrete environmental problems from different programs
combine to form one referral package; or, an existing judicial referral or complaint expands to include
an additional violation from a different program. A coordinated referral is a separate referral package
related to an existing referral or complaint; for these, the consent decree negotiations are resolved
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OE FY1993 Second Quarter Progress Report
jointly although the referrals or complaints are not combined. The regions reported two multi-media
civil judicial referrals through second quarter of FY 1993.
MULTI-MEDIA ADMINISTRATIVE OR JUDICIAL ACTIONS
Multi-media administrative and judicial actions include actions meeting the STARS criteria of the
various programs - generally administrative orders. Regions recorded seven multi-media
administrative actions during first and second quarter; one of these was coordinated with judicial
action.
SINGLE-MEDIA ACTIONS WITH MULTI-MEDIA SETTLEMENTS
Single-media actions with multi-media settlements include single-media settlements with multi-media
Supplemental Environmental Projects, multi-media pollution prevention projects, or settlement
provisions addressing an environmental problem under a different program not part of the original
case referral. By the end of second quarter, FY 1993, regions recorded three multi-media settlements
occurring because of single-media actions.
CIVIL ENFORCEMENT
CONSENT DECREE REVIEW
During the first half of FY 1993, OE reported having reviewed and approved 49 consent decrees.
The Office targets 35 days as an average for reviewing proposed consent decrees. The average
review time for the 49 decrees was 38 days; twenty of the 49 reviews exceeded the 35 day average
review time standard.
CONSENT DECREE TRACKING AND FOLLOW-UP
Regions report 821 active consent decrees at the end of second quarter, FY 1993. Of these, the
status of 218 (27%) decrees was reported and the status of 603 (73%) consent decrees was unknown
or unreported. This proportion is the exact inverse of that reported at the end of FY 1992 (status was
reported on 73% of the active consent decrees while the status of 27% was unknown or unreported).
Together, Regions HI, IV, VI, VII, Vffl, and DC reported 448 active consent decrees at the end of
second quarter, FY 1993; the status of all 448 is unreported (or unknown) - these Regions account
for 74% of the active consent decrees in the unreported or unknown category.
Of tfie 218 consent decrees with known status: 157 (72%) were in compliance; 13 (6%) were in
violation and had an enforcement action taken; 41 (18%) were in violation and had a formal
enforcement action planned; and, 7 (3%) were in violation but had no formal enforcement action
planned or deemed necessary. [Percentages do not add to 100% due to rounding.]
Since last year, the percentage of consent decrees on which OE has reported current status has
decreased. OE states that current reporting of consent decree status has been severely impacted by
the loss of CSC contractor staff that had provided data update services in the past for OE's Consent
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FY1993 Second Quarter Progress Report OE
Decree Enforcement Tracking System (a part of the docket) from the regions. OE is working to
address this staffing shortfall.
CIVIL REFERRALS AND FOLLOW-THROUGH ON ACTIVE CIVIL CASES
During the first half of FY 1993, the Agency referred a total of 64 new civil cases to DOJ. The status
of these new active civil cases at the end of second quarter was as follows: 61 were pending at DOJ;
2 were filed in court; and one was concluded after filing.
At the end of second quarter, the docket listed 1,091 civil cases active (not concluded) at the start of
FY 1993. The status of the 1,091 cases at mid-year was as follows: 390 were pending at DOJ; 48
were returned to the regions; 17 were concluded before filing; 585 were filed in court; and 51 were
concluded after filing. Of the 1,091 active pre-FY 1993 cases, 351 have been ongoing for more than
two years since being filed.
CRIMINAL ENFORCEMENT
CRIMINAL REFERRALS AND ACTIVE CRIMINAL CASE FOLLOW-THROUGH
There were 170 new criminal investigations opened during the first half of FY 1993. At the end of
second quarter one year ago, 90 new criminal investigations had been opened. There were a total of
385 criminal investigations open at the end of second quarter, FY 1993.
The regions referred 24 new cases to HQ during the first half of the year and HQ referred 24 new
cases to DOJ. The regions closed 25 investigations prior to referral to OE. At the end of second
quarter, the status of the 24 new criminal cases referred to DOJ was as follows: 3 cases were under
review at DOJ, 11 were undergoing a grand jury investigation, and charges were filed in 8 cases; one
case closed following prosecution and DOJ closed one other case without prosecution.
Two hundred one criminal cases were referred, but not closed, at the end of FY 1992; the number
•v-s 156 at the end of FY 1991 and 126 at the end of FY 1990. The status of the pre-FY 1993 active
c . ninal cases at the end of at the end of second quarter was as follows: 31 of the cases were under
review at DOJ, 82 were undergoing grand jury investigation, 55 had charges filed, 25 were closed
following prosecution, and DOJ closed 8 cases without prosecution.
V
OFFICE OF FEDERAL FACILITIES ENFORCEMENT (OFFE)
FEDERAL FACDL1TD2S OMB A-106 POLLUTION ABATEMENT PROJECTS
OFFE reports the total number of needed or inadequate OMB A-106 projects for each media
program by compliance class cactegory (i.e., Class I, n, and III). Class I includes projects that are
out of compliance, have been subject to enforcement actions, or involve provisions of a signed
consent order or compliance agreement with EPA or a state government. Class II projects include
those that are required to meet a compliance deadline other than those identified as Class I. Class III
projects include those that are important to an agency, but are not an imminent compliance
requirement. At the end of second quarter, FY 1993, data are not available for this measure.
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OE
FY1993 Second Quarter Progress Report
FEDERAL FACILITY INSPECTIONS, VIOLATIONS, AND ENFORCEMENT ACTIONS
During the first half of FY 1993, the regions concluded 149 federal facility inspections and detected
36 violations for a year-to-date compliance rate of 76%. Forty-six enforcement actions were taken
against federal facilities during first and second quarter.
FEDERAL FACILITY SUPERFUND ACTIVITY
Data on federal agency Superfund sites are, for the first time, being reported through the Office of
Federal Facilities Enforcement. During FY 1993, OFFE is reporting four measures in this area.
These include: the number of Interagency Agreements or Federal Facilities Agreements signed; the
number of federal facility sites for which a Record of Decision has been signed; the number of
remedial action activities initiated at federal facilities; and, the number of removal actions initiated at
federal facilities.
A reported Interagency Agreement completion means that EPA has entered into an agreement with
another federal agency with a site on the National Priorities List. This action is required within six
months of a federal facility Record of Decision completion. EPA policy is to enter into an
Interagency Agreement with the federal agency and, to the extent feasible, the state, as soon as
possible after a site is listed on the National Priorities List.
Federal facilities must complete a Record of Decision to select a remedy for the Superfund site. EPA
must agree with the remedy selected or the Administrator must select a remedy. Completion of a
Record of Decision is recorded when the Regional Administrator or the Assistant Administrator for
OE signs the Record of Decision.
Recording the initiation of a remedial action activity signifies that response measures intended to
protect human health and the environment are being implemented pursuant to a Record of Decision,
an Interagency Agreement, or some other enforceable agreement.
Removal actions are conducted in response to emergency, time-critical, and non-time-critical
situations. A federal facility removal action is recorded when on-site removal activity is initiated
pursuant to a Record of Decision, an Interagency Agreement, or some other enforceable agreement.
The raw data for the first half of FY 1993 are as follows:
Federal Facility Superfund Activity
Interagency Agreements at National Priority List-Federal Facilities
Records of Decision at National Priority List-Federal Facilities
Remedial Actions at National Priority List-Federal Facilities
Removal Actions at National Priority List-Federal Facilities
End of Second Quarter
FY1993
(cumulative)
1
14
6
3
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FY 1993 Second Quarter Progress Report
OGC
OFFICE OF GENERAL COUNSEL
INTRODUCTION
The Office of General Counsel (OGC) reports one measure in STARS; it expresses workload and
timeliness in the completion of legal (Red Border) evaluation and review. OGC is measuring progress
toward assisting regulation development by ensuring timely final Red Border reviews. OGC commits
to completing its response to Red Border documents within a maximum of four weeks (and within
three weeks for eighty percent of the reviews conducted).
RESPONSE TO RED BORDER REVIEW DOCUMENTS
OGC received 33 Red Border packages during the first half of FY 1993. Of these, the Office
completed 19 reviews (58%) within three weeks of receipt and nine additional reviews (85% of total
packages received) in the fourth week following receipt.
FY1993
IstQtr.
2ndQtr.
3rdQtr.
4th Qtr.
FY1993
(total)
Regulatory
Packages
Received
n/a1
33
33
Completed
within three
weeks (#/%)
n/a
19/58%
19/58%
Completed
within four
weeks (#/%)
n/a
28/85%
28/85%
Incomplete
after four
weeks (#)
n/a
5
5
Non
Concurrence
(#)
n/a
0
0
1. First quarter reporting not required during FY 1993; second quarter numbers are cumulative.
Similarly, by the end of second quarter, FY 1992, OGC had received 36 Red Border packages. Fifty
percent of these packages had been reviewed within 3 weeks of receipt and a total 81% of them had
been reviewed within 4 weeks of receipt.
The five Red Border packages incomplete after four weeks since receipt were spread across all of
OGC's major media divisions; a listing of these packages follows:
OGC'S Air And Radiation Division
• Regulation: 40 CFR Part 51, SAR # 2915 - Methods for Measurement of Visible Emission to
Appendix M (92-09-52FR).
• Comment: The Red Border Review was delayed while OGC and the Air Program staff worked
together to clear changes to the package.
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FY1993 Second Quarter Progress Report OGC
OGC'S Pesticides And Toxic Substances Division
• Regulation: Office of Water Chemicals Final Test Rule (92-12-19FR).
• Comment: Some issues related to placement of the test guidelines/protocols associated with the
test rule had to be worked out. Resolving these issues required discussion and coordination
between the Office of Water, the Office of Prevention, Pesticides, and Toxic Substances, the
Office of Federal Register, and three Divisions within OGC.
OGC'S Solid Waste And Emergency Response Division
• Regulation: Degradable Plastic Ring Carrier Regulation (92-12-18FR).
• Comment: Delay was experienced in obtaining concurrence and sign-off during the end of the year
holiday season.
• Regulation: Hazardous Waste Management System; Identification and Listing of Hazardous
Waste; Toxicity Characteristic; Hydro (93-01-16FR).
• Comment: The proposed rule touched on some very significant legal and policy issues. OSWER
indicated some reluctance in going forward with the rule in the face of concerns raised by
OGC and OPPE. OGC assumed that OSWER would withdraw the rule from Red Border
review while examining alternative approaches for dealing with the problem address by the
rule. However, the rule had not been withdrawn from review by the end of the Red Border
period.
OGC'S Water Division
• Regulation: Sediment Quality Criteria for the Protection of Benthic Organisms (Endrin, Dieldrin,
Acenaphthene, Flouranthene, PH (93-02-18FR).
• Comment: The document proved more complicated than originally anticipated; additional time for
the review was granted by the Office of Water.
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