oEPA
United States
Environmental Protection
Agency
Office of
The Administrator
Washington DC 20460
September 1990
Strategic Targeted Activities for Results System
Fourth Quarter FY 1990 Report
Printed on Recycled Paper
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U.S. ENVIRONMENTAL PROTECTION AGENCY
STRATEGIC TARGETED ACTIVITIES FOR RESULTS
FOURTH QUARTER 1990 REPORT
PREFACE
This quarterly report reviews Agency progress in meeting its priority program commitments.
The report is a major component of EPA's strategic planning, budgeting and accountability system.
Based on recommendations of the Deputy Administrator's Management Systems Task Force, the
accountability system on which this report is based (formerly SPMS), has been renamed STARS--
Strategic Targeted Activities for Results System. The change was implemented as of first quarter
FY 1990 and will be reflected in all future reports. Each quarter the Office of Policy, Planning and
Evaluation publishes the report using information provided by Headquarters, Regional Offices, and
State agencies. The Office of Compliance Analysis and Program Operations is responsible for the
enforcement section of this report.
We gratefully acknowledge the assistance and cooperation of the many people through the
Agency's management network who have made timely production of this report possible.
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TABLE OF CONTENTS
OFFICE PAGE
PROGRAM HIGHLIGHTS 5
OFFICE OF AIR AND RADIATION 15
OFFICE OF WATER 37
OFFICE OF PESTICIDES AND TOXICS SUBSTANCES 83
OFFICE OF SOLID WASTE AND EMERGENCY RESPONSE 103
OFFICE OF ENFORCEMENT 135
OFFICE OF GENERAL COUNSEL 155
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Program Highlights
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OFFICE OF AIR AND RADIATION
FOURTH QUARTER HIGHLIGHTS
o Regions conducted six of seven targeted site inspections for Radionuclides NESHAPS out of a
universe of 160 facilities (this excludes facilities under Subpart I of the Radiation NESHAPS
regulation -- currently under a stay). Radiation staff recommend that facilities be inspected at
least once every two years. Given the current universe and increased resources, Regional
inspection targets for FY 1991 have increased to 20.
o While performance is reported by the Regions, many of OAR's programs are delegated to the
states. States appear to have put less effort into the programs that they perceived would be
most altered by the Clean Air Act reauthorization. As a result, Regions have alternately
exceeded or fallen short of the following targets:
-- Significant Target Shortfalls include: Ozone/CO SIP corrections (42%), Group I PM-10 SIPs
which entered Headquarters review (70%), Group II and III areas in violation with SIP
development plans submitted (71%) and which entered Headquarters review (0%), and SO2
public hearings held (50%).
-- Significant Achievements Above Targets include: PM-10 control strategy demonstrations
completed (325%), PM-10 networks which reported to the National Air Data Branch
(196%), number of adequate Multi-Year Development Plans (MYDPs) submitted (113%) as
well as those adequately implemented (178%).
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OFFICI; or WATER
FOURTH QUARTER HIGHLIGHTS
MAJOR NPDES PERMITS REISSUED: Delegated State performance as a percentage of target is
at an all time low, attributed to a lack of funds, complexity of new permitting requirements and
competing priorities.
NQNPOINT SOURCE GRANTS: The EPA set aside of $1.8 million of the $40 million FY 1990
grant money was used to reward superior state performance in four states, Idaho, Minnesota, North
Carolina and Virginia, for their commitment and accomplishment in addressing nonpoint sources.
Eight other states were also given special recognition for their effective efforts to address this water
quality problem.
CHESAPEAKE BAY: In the Chesapeake Bay, there is an increase in submerged aquatic
vegetation, and a decrease in dissolved inorganic phosphorous due in part to the phospate detergent
ban. Despite nutrient treatment at some POTWs and a fall off in nitrogen fertilizer sales, there is a
slight increase in dissolved inorganic nitrogen.
WETLANDS: Five Regions have completed 20 of 78 wetlands strategic initiatives started over the
last five years, taking an average of two years to complete. Twelve wetlands projects were
completed this year, including three advanced identifications for proactively protecting these habitats.
GREAT LAKES: There is an historical decrease in pesticides in herring gulls and in municipal
phosphorous loading in Lake Erie. The Great Lakes program will be reporting here on progress
toward major goals in FY 1991.
STATE REVOLVING FUND: All States have received their first SRF capitalization grant, with a
total of $1.36 billion awarded in FY 1990.
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OFFICE OF PESTICIDES AND TOXIC SUBSTANCES
FOURTH QUARTER HIGHLIGHTS
o OPTS exceeded many of their Headquarters cumulative targets.
o OTS provided 3,399 reports covering 251 chemicals using the information gathering provisions
under TSCA for use by other Federal agencies and EPA offices.
o OTS issued 77 control actions on new chemicals received.
o OPP missed all quarterly targets for Reregistration Eligibility Documents (REDs); no REDs
were issued in FY 1990.
o OPP missed all quarterly targets for Data Call-ins; OPP issued 27 DCIs this year against a
target of 106.
o Region 5 negotiated 24 case settlements involving Environmentally Beneficial Expenditures.
o Regional Offices completed 2S2 ASHAA close-outs; 75% of the ASHAA awarded projects are
now closed-out.
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OFFICE OF SOLID WASTE AND EMERGENCY RESPONSE
FOURTH QUARTER HIGHLIGHTS
Supcrfund
The Regions achieved 90% of target for RODs, completing 152, and exceeded the Remedial
Action (RA) starts targets. At the end of 1989, Regions completed 89% of ROD target and met
their target for RA starts.
-- The Regions exceeded all of their Superfund enforcement targets. OSWER reported over $85
million in cost recovery, a three-fold increase over third quarter. There were 53 interagency
agreements signed at NPL federal facilities (100% target). In FY 1989 there were 35 signed
(66% target).
Regions exceeded targets each quarter for technical assistance and emergency simulations. Over
90% of Tide III violators were returned to compliance without formal enforcement actions.
RCRA
The Regions exceeded the targets for all permitting and closure measures.
The Regions completed 227 RCRA final permit determinations through fourth quarter. A total
of 302 RCRA facility closure plans were approved through fourth quarter.
The Regions completed 227 facility assessments for corrective action and imposed RCRA facility
investigations at 187 (80%) of these facilities.
UST
-- LUST cleanups initiated, releases under control, and cleanups completed are increasing, and
continue to be paid for by the responsible parties (over 95% in all stages).
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Office of Air and Radiation
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OFFICE OF AIR AND RADIATION
o Radiation
Radon
Radionuclides NESHAPS
o Mobile Sources
o Atmospheric and Indoor Air Pollution
o Air Quality. Planning and Standards
Paniculate Matter and Enforcement
Ozone/CO SIP Remedies and VOC Enforcement
-- Sulfur Dioxide and Enforcement
New Source Review
-- Air Toxics and Enforcement of NESHAPs
-- Air Enforcement Combined Report
Asbestos Demolition and Renovation
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RADIATION
RADON
o In FY 1990, the Regions have awarded 50 State Indoor Radon Grants (SIRG) to 48 states, the
District of Columbia, and Guam, for the first year of the three-year SIRG program. Although
eligible for funding, Montana and South Dakota chose not to participate citing financial hardship
caused by the 25% matching provision of the grants. For those states that did choose to
participate, most SIRG awards range from $100,000 - $300,000 depending on the state's needs.
The grants provide funding for state program development activities including additional
surveying, public outreach, mitigation and training.
o During FY 1990, EPA established Indian Radon Pilot Projects to provide demonstration grants
to Federally-recognized Indian tribes. The Regions awarded a total of $320,000 to 14 Indian
tribes or tribe confederations for a variety of projects including testing, training, and mitigation.
o To date, the Radon program has provided technical assistance to 34 states and five Indian tribes
to conduct State/EPA Radon Surveys. These surveys are designed to present a sketch of indoor
radon levels across an entire state or tribal reservation. Six states plus Guam and the Cherokee
nation have applied for the State/EPA Radon Survey program for FY 1991 (see map).
RADIATION
o Regions conducted six of seven targeted site inspections for Radionuclides NESHAPs out of a
universe of some 160 facilities (this excludes facilities under subpart I of the Radiation
NESHAPS regulation -- currently under a "stay"). The 160 non-subpart I facilities include
Department of Energy nuclear weapons plants or processing facilities and uranium mill tailing
impoundments. Also included are underground uranium mines, elemental phosphorus facilities,
and phosphogypsum piles. Given the current universe and increased resources, Regional
inspection targets for FY 1991 have increased to 20.
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STATE/EPA RADON SURVEYS COMPLETED OR PROPOSED FOR FY 91
As of September 30, 1990
OAR 1, 7
STATE/EPA RADON SURVEY COMPLETED
STATE/EPA RADON SURVEY PROPOSED FOR FY 1991
These surveys provide a portrait of indoor radon levels state-wide.
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MOBILE SOURCES
o The Mobile Source program met or exceeded its targets for audits of State/Local Vehicle
Inspection Programs and implementation of State/Local Vehicle Inspection Programs.
ATMOSPHERIC AND INDOOR AIR
6 For FY 1990, there are no targets for the Office of Atmospheric and Indoor Air Pollution.
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AIR QUALITY. PLANNING AND STANDARDS
PARTICULATE MATTER
In FY 1990, OAR tracked the development of State Implementation Plans (SIPs) for controlling
particulates smaller than 10 microns (PM-10) in Group I, II and III areas (Group I areas are the
most polluted, Group III are the least). Group I areas are predominantly in the western Regions
(81% fall in Regions VIII, IX, and X).
o From a universe of 58 PM-10 Group I areas: Regions exceeded their yearly targets for
completing control strategy demonstrations, completing 26 against a target of eight (325%).
Region X, which concentrated on addressing its particulate matter problem at the expense of
other air pollution issues, accomplished 13 against a target of 0.
~ Last year Regions completed 65% or 13 of the 20 they had targeted to complete. All
Regions with targets met or exceeded annual expected performance.
o In addition, 17 public hearings were held for Group I SIPs in Regions I, VIII, IX, and X.
Seven of the ten PM-10 State Implementation Plans targeted to enter Headquarters review
were submitted (70%).
o From a universe of eleven PM-10 Group II and III areas with violations: five SIP
development plans were submitted against a target of seven (71%). Regions III and VIII
exceeded their targets.
o No final PM-10 SIPS have been published in FY 1990, which may be attributed to the
expected changes in the CAA reauthorization. Eight Group II & III PM-10 areas have been
added to those existing areas in violation.
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PARTICULATES SIP DEVELOPMENT AND ENFORCEMENT
As of September 30, 1990
GROUP I PM10 SIPs - Q4 1990
60
50
40
30
20
10
0
MM UNIVERSE
II TARGET
PERFORMANCE
UNIVERSE CONTROL PUBLIC ENTERING FINAL
STRATEGY HEARINGS HDQs SIPs
DEMONSTRATIONS HELD REVIEW PUBLISHED
100
75 -
ADDRESSING SIGNIFICANT VIOLATORS
(UNIVERSE UNADDRESSED AT BOO.)
125
100 -
75
50
25
INSPECTIONS (EPA & States)
(Third Quarter FY 1990)
1234
QUARTER
UNIVERSE 3.901 TSP SOURCES IN GROUP I & II AREAS
OAR-80-84. 161-175
CZU IN COMPLIANCE (10)
ON SCHEDULE (4)
ENF. ACTION (8)
PENDING (43)
II II IV V VI VD Vdl IX X
REGIONS
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PARTICULATES ENFORCEMENT
o Compliance Rates and Inspections - There are 3,901 major particulates sources in Group I and II
areas, of which 317 (8%) are either in violation, in violation but meeting a compliance schedule,
or the compliance status of the source is unknown. The Regions and states accomplished 152%
of their third quarter inspection commitment for TSP Class A SIP and NSPS sources in Group I
and II areas.
o Significant Violators - Sixty-five TSP sources in Group I and II areas were identified as
unaddressed significant violators at the beginning of the quarter and 29 new violators were
identified during the quarter. Ten were returned to compliance, four were placed on schedules,
and eight had enforcement action commenced (six were addressed within 120 days of detection,
and six were addressed within 121-270 days after detection). Of the unaddressed violators, 17
have been in violation for more than one year but less than two years, and 13 (10 in Region V)
have been in violation for more than two years.
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OZONE/CARBON MONOXIDE REMEDIES
In FY 1990, there was a universe of 1,334 incomplete Ozone/CO regulations. To correct the
incomplete SIP regulations, states must address deficient or missing regulations so that they comply
with the SIP blue book guidance. Deficient regulations can include addressing issues of record
keeping, adding categories of a source to a regulation, or amending the limits of a regulation to
include even smaller sources ~ for example, Stage I vapor recovery at gasoline service stations.
Missing regulations can include VOC Reasonably Available Control Technologies (RACT) regulations
a state was required to adopt but never did.
o By the end of FY 1990, 381 final CO/Ozone SIP rules were submitted, against a target of 908
(42%).
- Only Regions I and VIII met or exceeded their targets. Sizeable shortfalls exist in most
other Regions.
o Explanations given for these shortfalls include:
Some states postponed activity while waiting for the new CAA to pass;
~ Some states object to making the necessary corrections because of philosophical
differences with EPA;
-- The extensive use of staff required in working on the Los Angeles and Chicago Federal
Implementation Plans (FIPs) required extensive resources; and
Region X diverted their Ozone/CO resources to address the PM-10 problem in their
Region.
o In some cases where submittals fall short of targets, regulations have moved forward in the state
rulemaking process and have gone to public hearing.
o The entire effort of states' submitting corrected VOC RACT rules will be accomplished under
the procedures set forth in the new Clean Air Act.
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200
1000
750
500
250
0
OZONE/CO SIP REMEDIES AND VOC ENFORCEMENT
As of September 30, 1990
OZONE/CO SIPs
DEFICIENT OR MISSING REGULATIONS & OTHER DEFICIENCIES
Q1
Q2
VOC SK3NFICANT VIOLATORS
(UNIVERSE: UNADDRESSED AT BOO)
1
2 3
QUARTERS
FWJjf
">v I f"K
JW0&1.'
;,,,,!,.,, !«,,<
03
125
100
75
50
25
0
Universe: 5.028 Class A VOC Sources
OAR-45. 108 to 119
I I IN COMPLIANCE (36)
ON SCHEDULE (21)
P77I ENF. ACTION (5)
PENDING (93)
PERFORMANCE
TARGET
Q4
INSPECTIONS (EPA & States)
(Third Quarter FY 1990)
III IV V VI VII VIII IX X
REGIONS
Reporting on inspections is lagged one quarter.
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VOLATILE ORGANIC COMPOUNDS (VOC) ENFORCEMENT
o Compliance Rates - There are 5,028 Class A SIP and NSPS VOC sources in ozone
nonattainment areas. OAR reports that 741 (14%) sources are either in violation, in violation
but meeting a compliance schedule, or the compliance status of the source is unknown.
o Inspections - The Regions and states accomplished 183% of their third quarter FY 1990
inspection commitment for VOC Class A SIP and NSPS sources in ozone nonattainment areas.
(NOTE: inspection data for all pollutant categories are lagged one quarter)
o Significant Violators - One hundred and fifty-five VOC sources were identified as being
unaddressed violators at the beginning of the fourth quarter and forty new violators were
identified during the quarter. Thirty-six were returned to compliance, 21 were placed on
acceptable schedules, and 5 had enforcement action commenced (22 were addressed within 120
days of detection and 13 were addressed within 121-270 days after detection). Of the
unaddressed violators, 34 have been in violation for more than one year but less than two years,
and 37 (30 in Region V) have been in violation for more than two years.
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SULFUR DIOXIDE
o For FY 1990, there was a universe of 155 SO2 regulations needing correction. These
included SO2 SIP calls for rules covered under Part D, section 110, and source emission
limits under section 123.
o Two reported measures tracked air quality meteorology and emissions data, and SO2
modeling demonstrations submitted. No activity took place in FY 1990.
o Four of the eight targeted public hearings were held this year (50%); only Region IV met its
target of four; Regions III, VI and VII missed their targets due to modeling difficulties.
Region II received four final plans from its States and these are expected to enter
Headquarters review in the first quarter of FY 1991.
o Eleven of the 12 targets for SIPs entering Headquarters review were met (92%).
SULFUR DIOXIDE ENFORCEMENT
o Compliance Rates - There are 298 sulfur dioxide (SO2) sources in SO2 nonattainment areas, of
which 41 (13%) are either in violation, in violation but meeting a compliance schedule, or the
compliance status of the source is unknown.
o Inspections - The Regions and states accomplished 282% of their third quarter inspection
commitment for SO2 Class A SIP and NSPS sources in SO2 nonattainment areas.
o Significant Violators - Twenty-nine SO2 sources were identified at the beginning of the quarter as
being unaddressed significant violators and 12 new violators were identified during the quarter.
Four were returned to compliance, one was placed on schedule, and one had enforcement action
commenced (all six were addressed with 120 days of detection). Of the unaddressed violators, six
have been in violation for more than one year but less than two years, and 15 (12 in Region V)
have been in violation for more than two years.
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SO2 RULES NEEDED
BY REGION - 155 RULES TOTAL
SULFUR DIOXIDE SIP DEFICIENCIES AND ENFORCEMENT
As of September 30, 1990
SO2 SIP 1990 PERFORMANCE
0(3.2%)
(12.9%)
IV (3.2%)
V(37.4%)
X(23.2%)
40
30 -
20 -
10 -
IX (5.8%)
VU(2.6%)
VI (3.9%)
VI (4.5%)
SO2 SIGNFICANT VIOLATORS
(UNIVERSE: UNADDRESSED AT BOO)
1
2 3
QUARTER
Universe: 298 SO2 Sources in N/A Areas
OAR-106 to 114. 134 to 145
200
150
100
50
0
i UNIVERSE
II TARGET
EESl PERFORMANCE
UMVERSE AQ PUBLIC FNAL SPS FNAL
METEOROLOGY HEARMGS PLANS ENTERS SPs
&EMSSKDNS/ HELD SUBMTTTED HDQ PUBLISHED
MODELNQ TO REVEW
DEMONSTRATION REGIONS
SUEMTTED
INSPECTIONS (EPA & States)
(Third Quarter FY 1990)
100
75
50
25
N COMPLIANCE (4)
ON SCHEDULE (1)
ENF. ACTION (1)
PENDING (23)
III IV V VI VII VIII IX X
REGIONS
Reporting on inspections is lagged one quarter.
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NEW SOURCE REVIEW
o The Regions reported that 72 major New Source Review (NSR) permit/packages were
submitted in FY 1990. All but one was reviewed on time.
AIR TOXICS
o The Regions exceeded their FY 1990 target of 58 adequate Multi-Year Development Plans
(MYDPs) by eight (114%). All Regions met or exceeded their end of year targets.
ENFORCEMENT OF NESHAPs
o Compliance Rates - Of the 1,206 NESHAP (non-transitory) sources, 438 (36%) are either in
violation, in violation but meeting a compliance schedule, or the compliance status of the source
is unknown.
o Inspections - The Regions and states accomplished 106% of their third quarter inspection
commitment for NESHAP sources.
o Significant Violators - Twenty-nine NESHAP sources were identified at the beginning of the
quarter as being unaddressed significant violators and eight new violators were identified during
the quarter. Seven were returned to compliance, nine were placed on schedules, and three had
enforcement action commenced (4 were addressed within 60 days of detection, and 12 of the
unaddressed have been in violation more than 90 days after detection).
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AIR TOXICS PROGRAMS AND NESHAP ENFORCEMENT
As of September 30, 1990
ADEQUATE MULTI-YEAR DEVELOPMENT PLANS
20
15
10
COMPLETED N Q4
1990 Q4 TARGET
UNIVERSE
III
IV
V VI
REGIONS
VII
VII IX
35
30
25
20
15
10
5
0
NESHAP SIGNIFICANT VIOLATORS
(UNIVERSE: UNADDRESSED AT BOQ)
1
2 3
QUARTERS
Urtverse: 1206 Operating Non-Transitory Sources
OAR-122. 147 to 158
N COMPLIANCE (7)
ON SCHEDULE (9)
ENF. ACTION (3)
PENDING (10)
OAR NEW SOURCE REVEW
72 REVEWS DUE
ON TIME
LATE d.4%)
INSPECTIONS
(Third Quarter FY 1990)
I I
IV V VI VI VI IX X
REGIONS
Reporting on Inspections is lagged one quarter.
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AIR ENFORCEMENT COMBINED REPORT
SIGNIFICANT VIOLATORS
o There were 451 significant violators unaddressed at the beginning of the quarter and 147 new
violators were identified during the quarter. Ninety-six were returned to compliance, 61 were
placed on schedules, and 27 had action commenced. Of those addressed, 62 were addressed
within 120 days of detection and 37 were addressed within 121-270 days of detection. Of the
unaddressed violators, 88 have been in violation for more than one year but less than two years,
and 83 have been in violation for more than two years.
o Two hundred and thirty-one significant violators are not a part of the pollutant-specific reports
discussed previously (but are included in the totals above). Thirty-nine were returned to
compliance, 26 were placed on schedules, and ten had enforcement action commenced. Of those
addressed, 24 were addressed within 120 days and 18 within 121-270 days. Thirty-four of the
unaddressed violators have been in violation for more than one year but less than two years, and
18 have been in violation for more than two years.
ENFORCEMENT ACTIONS
o Ninety-one stationary source civil judicial actions were referred to DOJ during the year. The
Regions also report issuance of 249 administrative orders (this includes lagged asbestos demolition
and renovation data from the fourth quarter of FY 1989). The states reported the referral of 30
civil cases and issuance of 902 administrative orders through the third quarter (State data are
lagged one quarter). Six Clean Air Act criminal cases have been referred to HQ thus far in FY
1990.
FEDERAL FACILITIES
o The air program identified 9 Federal facilities as significant violators at the beginning of the
quarter and two were returned to compliance. Four of the unaddressed violators have been in
violation from 1-2 years, and two have been in violation more than two years.
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AIR ENFORCEMENT COMBINED REPORT
As of September 30, 1990
ADDRESSING SIGNFICANT VIOLATORS
(UNIVERSE: UNADDRESSED AT BOO)
20
15
N COMPLIANCE (96) 10
ON SCHEDULE (61)
ENF. ACTION (27) 5
PENDMG (267)
ADDRESSING FEDERAL FACILITIES VIOLATORS
(UNIVERSE UNADDRESSED AT BOQ)
2 3
QUARTERS
CIVIL REFERRALS
(CUMULATIVE - STATE DATA LAGGED 1 QUARTER)
125
2 3
QUARTERS
100
75
50
25
[Dull
ADMINISTRATIVE ORDERS
(CUMULATIVE - STATE DATA LAGGED 1 QUARTER)
1500
1000
I I MADE BY STATES
MADE BY EPA
500
QUARTERS
QUARTERS
OAR-195to 199
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ASBESTOS DEMOLITION AND RENOVATION PROGRAM
(NOTE: Data are lagged one quarter)
o Through the third quarter of FY 1990, the EPA Regions report receipt of 5,185 notifications of
asbestos demolition, and the states reported receipt of 40,030 notifications.
o The Regions have conducted 400 asbestos demolition and renovation inspections (including 241
contractors) through the third quarter and reported identification of 39 substantive violations.
The states conducted 12,835 inspections (including 3,628 contractors) through the third quarter
and reported 326 substantive violations.
o Through the third quarter, EPA referred 53 civil actions where penalties were addressed and
issued 75 administrative actions. States referred 233 civil cases where penalties were addressed
and issued 187 administrative actions.
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ASBESTOS DEMOLITION AND RENOVATION
45250
45000
15000
4
12000
9000
6000
3000
As of June 30, 1990
(All Data Lagged One Quarter)
DEMOLITION AND RENOVATION ACTIVITY
OAR-185 to 198
NOTIFICATIONS INSPECTIONS VIOLATIONS
II STATES
i EPA
300
250
200
150
100
50
0
CIVIL REFERRALS
(FY 1990 CUMULATIVE)
2 3
QUARTERS
ADMINISTRATIVE ORDERS
(FY 1990 CUMULATIVE)
2 3
QUARTERS
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Office of Water
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OR ICIi Ol WATER
FOURTH QUARTER HIGHLIGHTS
o Drinking Water Programs
Wellhead Protection
UIC Well Permit Determinations and Mechanical Integrity Tests
UIC Well Inspections and Enforcement
PWSS Compliance and Enforcement
o Critical Habitats Programs
Ocean Dumping and Coastal Miles Supporting Designated Uses
Chesapeake Bay
Estuary Square Miles Supporting Designated Uses
Great Lakes
Great Lakes Shore Miles Supporting Designated Uses
-- Wetlands
o Surface Water Programs
Water Quality Assessment Activity
Municipal Pollution Control Programs
-- NPDES Permit Programs
Pretreatment Programs
NPDES Significant Noncompliance
NPDES Response to Significant Noncompliance Exceptions
NPDES Enforcement
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DRINKING WATER PROGRAMS
Drinking Water Programs include Wellhead Protection (WHP) within the Office of Groundwater
Protection, Underground Injection Control (UIC) Wells and Public Water Systems (PWS) within the
Office of Drinking Water.
o EPA's Wellhead Protection program provides technical assistance to States and localities to
develop their own programs to protect critical underground sources of drinking water by:
providing guidelines for WHP delineation and area management, and
training of State and local officials on WHP data management, and other technical issues.
o The UIC well program is delegated to a majority of States who are responsible for:
making permit determinations for all new and some existing wells;
-- verifying that mechanical integrity tests are performed to ensure that the well drilling
process was accomplished correctly and injected fluids are not migrating along the well bore;
inspecting wells and taking enforcement action against those wells with inappropriate
injection practices.
o The PWS program is delegated to all States except Wyoming, Indiana, and Washington, D.C.
The work includes:
monitoring to ensure complicance with maximum contaminant levels for microbiological
contamination, turbidity, trihalomethanes, and chemicals/radioisotopes;
taking enforcement actions (based upon monitoring data results) against those public water
systems in significant noncompliance.
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WELLHEAD PROTECTION PROGRAMS
The 1986 amendments to the Safe Drinking Water Act (SDWA) directed States to submit Wellhead
Protection (WHP) programs by June 1989 for EPA review and approval. WHP Programs are
statements fully outlining State WHP activities and their approval is based on adherence to EPA
guidelines. The WHP program has not been funded by Congress.
o Thirteen State WHP programs were approved by the end of the year, including all six States in
Region I and all five States in Region VI, plus New York and Delaware.
o Two States (Nebraska, and Arizona) have revised and resubmitted their WHP programs by end-
of-year which are still in the review stage.
o Two States (Maryland and West Virginia) have newly submitted WHP programs.
o Eight additional States or territories (AL, FL, IL, K.Y, NJ, ND, PR, SD) are expecting to submit
WHP programs for EPA review and approval by the close of 1991.
o Twenty-two States are working with EPA to intitially develop or revise a previously submitted
WHP program.
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STATE WELLHEAD PROTECTION
As of September 30. 1990
EXPECTED TO BE APPROVED IN 91
APPROVED IN 90
GW-I
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U1C CLASS 1, 11, ill. AND V WELLS
To protect underground sources of drinking water, EPA requires all new underground injection
(UIC) wells and some existing ones to undergo a permitting process. In addition, mechanical
integrity tests (MITs) are conducted to ensure that the well casings and tubings are sound and
injected fluids do not migrate along the well bore. All new and existing Class I and II wells, and
some Class III and V wells must demonstrate MITs within the first five years, and every five years
thereafter. Class IV wells (hazardous waste) are banned.
Well Primary Approx.
Class Purpose Location Number
1 Injection of Waste below lowest USDW Regions IV,V,VI 500
II Oil and Gas Production/Enhanced Oil Recovery Regions V,VI,VII 160,000
III Mineral Extraction Regions VI,VII,VIII 21,000
V 30 Types including Agricultural Drainage, Nationwide 180,000
Sewage-related, and Geothermal Reinjection
o Preliminary data indicates a total of about 350,000 UIC wells.
o More than 50% of all UIC wells are in Class V (other), and more than 40% are in Class II (oil
and gas).
o The Regions exceeded their targets for both permit determinations and MITs.
o The Regions' UIC wells have had a 79% pass rate for MITs the last iwo years.
o The Primacy States greatly exceeded their targets for both permit determinations and MITs.
-44-
-------
UIC CLASS I, II, III, AND V WELLS
CO
Q
i
o
DC
Z
co
_
O
OC.
EPA
As of September 30. 1990
PERMIT DETERMINATIONS
(NEW AND EXISTING)
10000
PRIMACY STATES
As of September 30. 1990
1 2 3
QUARTERS
-G- TARGET
-- ACTUAL
1 2 3
QUARTERS
EPA
As of September 30, 1990
MECHANICAL INTEGRITY TESTS (MITs)
(NEW AND EXISTING)
EPA PRIMACY STATES
PASS RATE As of September 30. 1990
DW-1-2
1 2 3
QUARTERS
-it TARGET
-- ACTUAL
1 2 3
QUARTERS
-45-
-------
UIC WELL INSPECTIONS AND ENFORCEMENT
Inspections
A UIC complete well inspection should include an assesment of: the wellhead, pressure, and flow
meters, pipeline connections, and any other equipment associated with the injection system.
Complete inspections are filed with the regulatory authority.
o The Regions completed 11,920 inspections, exceeding their target.
o The Primacy States completed 87,209 inspections, greatly exceeding their target.
Significant Noncompliance
o Based on field inspections, MITs and self-reporting, 3,418 wells have been newly identified this
year as being in SNC (2,167 by the States and 1,242 by EPA). At this time last year, 3,884
wells were identified as being in SNC (2,374 by the States and 1,510 by EPA).
-- 2,190 (64%) of the wells in SNC are in Region V.
Addressing Significant Noncompliance
o ODW reports that there were 714 wells on the exceptions list at the beginning of the quarter.
(Exceptions list includes wells in SNC for two or more quarters.) Of these wells, 159 returned
to compliance and 153 have received an enforcement action. The remaining 402 wells plus 13
wells coming onto the exceptions list during the new quarter, constitute a new pending balance
of 415 wells to be addressed.
Enforcement Actions
o Through the fourth quarter, EPA proposed 164 administrative orders and issued 109 final
orders. EPA also referred 11 judicial cases to DOJ.
o Through the third quarter the States issued 864 final orders and referred three civil actions and
five criminal actions (all by Region V States) to the State Attorneys General.
-46-
-------
EPA
As of September 30. 1990
UIC WELLS
INSPECTIONS
(NEW AND EXISTING)
100000
PRIMACY STATES
As of September 30. 1990
1 2
QUARTERS
G TARGET
-*- ACTUAL
1
2 3
QUARTERS
RESPONSE TO SK3NFICANT NONCOMPUANCE EXCEPTIONS REPORT
As of September 30. 1990
800
700
600
500
400
300
200
100
0
EX3 M SNC FOR TWO QUARTERS
1 M SNC FOR MORE THAN
TWO QUARTERS
SNC SON HETlfVEDTO REC8VH) PENDNQ
EXCS>TK3NUST COMPLIANCE BFORCOKBff
ON KCEKKR 1. 1989 ACTION
-47-
-------
PUBLIC WATER SUPPLY SYSTEMS
COMPLIANCE
o Of 58.659 Community Water Systems (CWSs). OVV reports ih;it 5ll> ;ire in SNC for violations of
microbiological, turhidiry. total trihalomeihane VlCLs and/or VliScR and 354 are in SNC' for
violations of chemical and/or radiological MCLs and or Vl«StK.
o OW also reports that of the 25.93ft non-transient noncommunity water systems (NTNCWS). 32<>
were in priority violation of microbiological, turbidity, total trihalomethane MCLs and 24 were in
priority violation of chemical and/or radiological VlCLs.
ADDRESSING PWSS SNC EXCEPTIONS REPORTING
o For the third quarter FY 1990. 138 CWSs were listed as ''new SNCs" for violations of
microbiological, turbidity, total trihalomethane MCLs and/or M«iR. Of these. 54 returned to
compliance and 42 had an enforcement action against them ("new SNCs" for violations of
chemical and/or radiological MCLs and/or M£R are reported only once during the year in first
quarter and are not included in the above "new SNC" numbers).
o At the beginning of the third quarter, there were 475 CWSs. in SNC. already pending on the
exceptions list. During the quarter. 30 systems returned to compliance and 34 were addressed by
an enforcement action. The other 411 CWSs previously on the list remain to be addressed.
ENFORCEMENT ACTIVITY
o For the year, the Regions have issued 149 final administrative orders and 14 complaints for
penalty. They also referred six new civil cases to DOJ. Through the third quarter, the states
have issued 7<>3 administrative compliance orders. The states also referred 130 civil cases and
filed 81 civil cases and three criminal cases.
( NO I I': Data are lagged one quarter)
-48-
-------
MCRO/TURHDTTY
400
350
300
250
200
150
100
50
0
PUBLIC WATER SYSTEMS
RESPONSE TO SNC
EXCEPTIONS REPORT
As of September 30. 1990
0»
150
125 -
100
75 -
50
25 -
DW/E-3
SNC RETURN TO ENF. PENONG
COI^L. ACTIONS
V77) NEW EXCEPTIONS AT END OF QUARTER
§ EXCEPTIONS AT START OF QUARTER
CHEMCAL/RAD
SNC RETURN TO ENF. PENDING
COMPL. ACTIONS
-49-
-------
-50-
-------
CRITICAL HABITAT PROGRAMS
Critical habitats include the nation's oceans, near coastal waters (i.e. estuarties and ocean areas
affected by land-based pollution), and wetlands. For FY 1990, four Critical Habitat programs are
reported here:
o The Ocean Dumping program regulates the disposal of all types of material that may adversely
affect the marine environment.
o The Chesapeake Bay program coordinates efforts by federal, state, and local governments to
improve water quality and restore living resources in the Chesapeake Bay.
o The Great Lakes program coordinates a multi-media approach to improve human health and
ecological wellbeing in the basin drainage area.
o The Wetlands program
uses strategic initiatives, a broad range of geographically focused efforts, to identify and
protect valuable and threatened wetlands; and
enforces §404 of the CWA to assess the environmental impact of all discharges of dredged
or fill material, to review or veto the sites tor COE permits for such discharges into
wetlands, and to bring civil/criminal enforcement actions against illegal dischargers.
While not tracked in STARS, EPA has several other Critical Habitat programs, including the
National Estuary programs (tracked in FY 1991), and the Near Coastal Waters and Ocean
Discharge programs.
51-
-------
OCEAN DUMPING
EPA is responsible for designating ocean dumping sites to be used by the Corps of Engineers
(COE) for the disposal of material dredged to maintain navigation. (Ocean dumping of sewage
sludge is banned under the Ocean Dumping Ban Act of 1988.) Ocean dumping dredged material
disposal sites are located in a band about three miles offshore.
o About 150 sites off of 28 States and territories were proposed for ocean dumping five years ago.
So far, final actions have been taken for 93 sites (62% of the total proposed).
o Five Regions completed taking 12 final actions, including six in Region VI, for a cumulative total
of 47 designated ocean dumping sites.
o According to preliminary data, over one-third (27 out of 74) of the ocean dumping sites
presently used have an interim use designation without any environmental review.
o A national data system being set up to track the ocean dumping program is behind schedule.
States report biennially the ocean coastal miles supporting designated uses through the CWA
§305(b) report. In FY 1990, 13 states reported, including four Atlantic states (NY, DE, MD, VA),
four Gulf Coast states (FL, AL, MS, TX), three Pacific states (CA, HA, WA), and two Carribean
island territories (PR, VI). One-third of their 12,693 ocean coastal miles were assessed.
o In FY 1990, 89% of assessed ocean coastal miles were fully supporting designated uses.
o Assessed coastal miles threatened, partially supporting, or not supporting designated uses were
(numbers do not add up due to multiple causes of pollution):
35% affected by pathogens, 22% by priority organics, and 16% by nutrients; and
36% from storm sewer runoff, 27% from land disposal, 26% from agricultural, 15% from
municipal sources.
-52-
-------
OCEAN DUMPING
As of September 30, 1990
COASTAL STATES WITH OCEAN DUMPING ZONE
NATIONAL
200
150
cc
100
50
150
USED NOT USED
PROPOSED FNAL DESKS- NTEHM* LAPSED* TEFM4-
SfTES ACTIONS MATED* ATED*
WQ-1
(47) TOTAL SITES DESIGNATED *
* Data are preliminary
* Numbers do not add up
because Data are prefminary
-53-
-------
ESTUARY WATERS SUPPORTING DESIGNATED USES
States report biennially on estuary square miles supporting designated uses through the CWA
§305(b) report. In FY 1990, 21 states reported on 35,423 estuary square miles, of which 73% were
assessed.
o In FY 1990, 57% of assessed estuary square miles were fully supporting designated uses.
25% of assessed estuary square miles were partially supporting designated uses.
Eight percent of assessed estuary square miles were not supporting designated uses.
o In FY 1990, estuary square miles threatened, partially supporting, or not supporting designated
uses were (numbers do not add up due to multiple causes of pollution):
-- 61% affected by municipal sources, and 53% by storm sewer runoff;
28% from agricultural sources;
26% by construction or land disposal; and
20% from industrial sources.
-54-
-------
ESTUARY SQUARE MILES
As of September 30, 1990
CO
CO
LU
CO
CO
UJ
75
50
CO
o-
25
SUPPORTING DESIGNATED USES
SOURCES OF POLLUTION
86
88
90
| | FULLY SUPPORTING
THREATENED
PARTIALLY SUPPORTING
NOT SUPPORTING
MUNICIPAL & STORM SEWER RUNOFF
| | AGRIC
FTl CONSTRUCTION & LAND DISPOSAL
-55-
-------
WETLANDS
Wetlands Strategic Initiatives
Wetlands strategic initiatives are long-term, geographically-focused protection efforts developed and
carried out in conjunction with federal, state and local agencies.
o The Regions started 25 wetlands strategic initiatives in FY 1990, including six advance
identifications or special area management plans.
o In the last five years, 78 wetlands projects have been started, and 20 have been completed,
including 10 advanced identifications (three listed below). These have taken an average of two
years to complete.
o In FY 1990, four Regions completed 12 wetlands projects including:
-- Three advanced identifications: Big River Basin RI; Puget Sound WA; and Junea AK;
Two enforcement initiatives;
Two public outreach projects; and
One each of a CIS inventory project, restoration/mitigation options study, field level
memorandum of agreement, interagency agreement with the FWS, and a Regional permit
for farmed wetlands.
o Five Regions have not completed any wetlands strategic initiatives in the last five years.
Wetlands §404 (Dredge and Fill) Enforcement Actions
o In FY 1990, IZPA issued 126 wetlands administrative orders including 16 lor penalties. Also,
IiPA has referred 15 civil cases and live criminal cases to DOJ, and resolved 222 cases.
-56-
-------
WETLANDS
As of September 30, 1990
STRATEGIC NTIATIVES FY 1986-90
CUMULATIVE STRATEGIC INITIATIVES
30
25
20
15
10
5
0
80
60
40
20
I
IV V VI VB V» IX X
REGIONS
LEGEND
STARTED
COMPLETED
150
100
50
ADMINISTRATIVE ORDERS
COMPLETED
126
WQ-2. WQ/E-1
2 3
QUARTERS
LEGEND
STARTED
COMPLETED
LEGEND
I I AOs WITHOUT PENALTES
AOs WITH PENALTES
-57-
-------
CHESAPEAKE BAY PROGRAM
The Chesapeake Bay Program manages a multi-media approach treating the Bay as an integrated
ecosystem. In December 1987, EPA, the Bay states (MD, VA, PA), the District of Columbia, and
the Chesapeake Bay Commission signed an agreement containing specific objectives to improve the
Chesapeake Bay. The main focus is the restoration and protection of the Bay's living resources.
Towards this, EPA and the states are committed to reducing the nitrogen and phosphorus load to
the Bay's mainstem by at least 40 percent by the year 2000.
ACTIVITIES
Of the 29 commitments in the 1987 Agreement, the 27 due to date are completed including:
o Eight fisheries management plans. Also:
o The "Chesapeake Bay Submerged Aquatic Vegetation (SAV) Aquatic Habitat Requirements and
Restoration Goals Technical Synthesis" which proposed water quality criteria for: Secchi
Depth/Light Attenuation; Chlorophyll-a; Total Suspended Solids; Dissolved Inorganic Nitrogen;
and Dissolved Inorganic Phosporous.
Case study results show that SAV returns to areas which historically had SAV when the
recommended criteria are achieved, which vary with salinity level and SAV species.
INDICATORS
The Bay Program has been compiling extensive water quality and SAV monitoring data to
characterize the natural variability of the Bay. These indicate that:
o SAV has increased 59% from 1984-1989;
o Dissolved inorganic phosphorous has decreased 52% from 1984-90, attributed to point and
nonpoint source reduction, the phosphate detergent ban, and nutrient management; and
o Dissolved inorganic nitrogen has increased 13%, despite nitrogen treatment at some POTWs and
a 33% observed reduction in nitrogen fertilizer sales from 1980-89.
-58-
-------
CHESAPEAKE BAY INDICATORS
Baywide SAV Trends
25OOO
i
1964
1885
1986
1987
1989
Source: Chesapeake Bay Monitoring Data
Figure 16.
1400-
Plol of Mass of Dissolved Inorganic Phosphorus
Measured vs Chlorophyll Growth Limiting
1200
^ 1000
° 600
2
2E 60°
400
200-
June i4 JMM M Jun« M JUM / Jun* U Jon* Jun« 90
Figure 15.
30000
Rlot of Mass of Dissolved Inorganic Nitrogen
Measured vs Phytoplankton Growth Limiting
CB-1
M JUIM M JUM / Am* M JMM Jun« 90
-59-
-------
THE GREAT LAKES
The Great Lakes program is a multi-media effort to achieve goals to improve human health,
ecological wellbeing, and economic welfare in the basin area. The Great Lakes Water Quality
Agreement (GLWQA) was signed by the United States and Canada in 1978, supplemented in 1983,
and amended in 1987. An International Joint Commission, established in 1909 as an independent
body to assist the two governments under the Boundary Waters Treaty, also provides independent
evaluation of products submitted by the parties to the GLWQA.
o The Great Lakes basin includes the five lakes (Superior, Huron, Michigan, Erie, and Ontario),
the connecting channels, and the land area in the basin watershed. One-third of the total
300,000 square miles drainage basin is covered by water, 95% of the U.S. fresh water supply.
o The Five Year Program Strategy FY 1989-93 included a review of achievements, including:
- reduced DDT, PCB, HCB, and Dieldrin concentrations in Herring Gulls at Port Colborne
on Lake Erie; and
reduced municipal phosphorous loadings to Lakes Erie and Ontario.
o The Great Lakes strategic plan under development for FY 1992-96 includes a multi-media
approach towards achieving these major goals (progress to be reported in FY 1991):
reducing toxic and nutrient loadings;
restoring and protecting habitats, including the control of exotic species such as the zebra
mussel.
-60-
-------
PUR GREAT LAKES
Herring Gulls at Port Colborne
Wet weight concentration ± standard deviation
12 s r
'« 75 76 77 78 79 80 fll 82 83 84 8S 86
Municipal Phosphorus leadings
Lake Erie
AREAS OF CONCERN IN THE GREAT LAKES BASIN
14000
13000
12000
E 11000
£ 10000
J 9000
§ 8000
2 7000
? 6000
=5 5000
3 «x»
°- 3000
2000
1000
72 73 74 75 76 77 78 79 80 81 82 83 84 85
Ywt
-61-
-------
THE GREAT LAKES
States report biennially on Great Lakes shore miles supporting designated uses through the CWA
§305(b) report. Of the total 9,402 shore line miles (including islands), 4,530 lie within the United
States. In FY 1991, 1,290 (28% of the total U.S. shore miles) shore miles were assessed in three
states (NY, IL, WI).
o In FY 1990, 6.5% of assessed shore miles were fully supporting designated uses.
~ 88% of assessed shore miles were partially supporting designated uses.
« There were no assessed shore miles not supporting designated uses.
o In FY 1990, shore miles threatened, partially supporting, or not supporting designated uses
were: (numbers do not add up to 100% due to multiple causes of pollution)
-- 100% affected by priority organics, 61% by pesticides, 20% by metals, 19% by organic
enrichment and nutrients among other causes; and
-- 45% from land disposal sources, 15% from combined sewers and storm sewer runoff, and
7% from municipal sources.
-62-
-------
GREAT LAKES SHORE MILES
As of September 30. 1990
SUPPORTING DESIGNATED USES
FULLY SUPPORTING
ThWEATENED
PARTIALLY SUPPORTING
NOT SUPPORTING
CAUSES OF POLLUTION
PESTICDES
METALS
ORGANIC ENRICHMENT & NUTRIENTS
SOURCES OF POLLUTION
LAND DISPOSAL
COMBINED SEWER & STORM SEWER RUNOFF
MUNICIPAL
-63-
-------
-64-
-------
SURFACE WATER PROGRAMS
Water quality assessment, municipal pollution control grants, NPDES permit reissuance,
pretreatment and enforcement programs are all designed to protect or improve the quality of
our surface water.
o Water quality standards, planning and assessment programs provide oversight to
States for the establishment of nonpoint source control programs, adoption of
numeric criteria for toxic pollutants, and the evaluation of waterbodies to
determine the need for Individual Control Strategies.
o Municipal pollution control programs are shifting their emphasis from
construction grants to state revolving fund capitalization grants. Grant outlays
and administrative completions for construction grant projects are tracked in this
report, as is progress in awarding capitalization grants.
o NPDES permits are the key implementation tool to limit harmful discharges,
particularly toxic pollutants, to the aquatic environment. Activity reported in
STARS includes permitting of major facilities, repermitting and permit
modification to incorporate water quality based controls and development of
Individual Control Strategies. This year, permits to sludge producing facilities
and permits for facilities discharging to near coastal waters are being issued and
tracked. EPA and delegated states also report pretreatment auditing and
inspection activity.
-65-
-------
-66-
-------
WATER QUALITY ASSESSMENT ACTIVITIES
Nonpoint Sources
Watershed projects to control and prevent nonpoint source pollution are underway in more
than 40 states. The nonpoint source program also encourages statewide programs, technical
assistance, monitoring, regulation development and TMDL work. This year, Section 319
nonpoint source program grants funded work to address a myriad of nonpoint sources,
including agricultural, urban, silvicultural, land disposal and hydrologic modification. In FY
90, EPA awarded 12 states additional grant money in recognition for special achievements in
controlling and preventing nonpoint source pollution. These awards indicate the seriousness of
EPA's intent to focus on performance.
Numeric Criteria for Toxics
As of October 31, 1990, only sixteen states are in full compliance with Section 303(c)(2)(b) of
the Clean Water Act, which is designed to address and control toxic pollutants in surface
waters. OW will promulgate Federal water quality criteria for States not in compliance.
304(1) Assessments
Section 304(1) of the Clean Water Act requires lists of waters where water quality cannot be
attained or maintained after compliance with technology based controls, pretreatment, and new
source performance standards. As of September 30, 49 of the 56 targeted states' lists have been
given final approval. EPA has additional work to do on 304(1) as a result of the September
28, 1990 Ninth Circuit Remand.
Indian Tribes
STARS data show that 67 tribes are qualified to be treated as states. These 67 tribes submitted
80 applications for grant awards under Sections 106 and 314. Seventy four grants
representing $4.5 million were awarded in FY 90.
-67-
-------
MUNICIPAL POLLUTION CONTROL PROGRAMS
EPA continues to move toward increasing state flexibility in financing wastewater
treatment facilities and other water related projects. In FY 90, 82% of total outlays
were for construction grants, and 18% were for state revolving funds.
Net Outlays: Construction Grants and State Revolving Fund
The Agency outlays for both construction grants and the SRF this year were 2.25
billion, or 97% of the targeted 2.3 billion..
State Revolving Fund Awards
All states have established SRFs. Eight states were awarded for the first time this year.
These monies may be used for a variety of water projects. Delaware, Washington and
Wyoming are financing nonpoint source projects with SRF money, although the
majority of States finance wastewater treatment activities.
Construction Grants Administrative Completions
Administrative completions represent the stage in a project just prior to the final audit.
End of year performance is 91% of target, exceeding FY 89 performance of 88%.
-68-
-------
WQ-8
CO
160
120
80
40
MUNICIPAL POLLUTION CONTROL
FY 1990
NET OUTLAYS FOR CONSTRUCTION
GRANTS AND STATE REVOLVING FUNDS
120
110
100
90
80
70
A r/A
TARGET WINDOW
IV V VI VII VIII IX X NATIONAL
PROGRAM
ADMINISTRATIVE COMPLETIONS
139
107
113
123
71
Z159
YM
96
Z
93
157
113
UNIVERSE
CZZ3 TARGET
EUD COMPLETED
70 72 6870
/
56
vx
47
4041
18
21
1092
V\
823
751
1200
900
600
300
I I III IV V VI VII VIII IX X FY90
UNIVERSE 80 109 165 153 226 108 85 70 72 24 TOTAL
-69-
-------
NPDES PERMIT PROGRAMS
Major Permits Reissued bv Delegated States and EPA
States are responsible for the lion's share of permit reissuance. State performance for the
year is 61% of target. States in five Regions reissued less than 60% of target. In Region I,
State reissuance is less than 10% of target. There is a clear downward trend in State
performance as a percentage of target for the past four years, and this trend is even more
dramatic if performance is compared to the universe of permits expired instead of the
negotiated STARS target.
Due to extraordinary performance in the fourth quarter, the EPA reissuance rate is 103%
of target this year. Performance in Regions II and X, however, was less than 70% of
target. Region VI and VII exceeded their target.
Evidentiary Hearings
States performance in resolving hearing requests is well below target, at 60%. In the
fourth quarter, states resolved 43 requests against a target of 71. EPA performance is
above target, resolving 30 requests against a target of 23.
-70-
-------
150
CO
125
O
8
QC
I-
u.
O
\-
O
75
50
25
0
o
HI
CO
O
O 100
C 75
O
DC
£ 50
MAJOR PERMITS REISSUED
FY 1990
MAJORS REPERMITTED - FY 87 to 90
25
O
DC
103
105
103
--0---.
79 ~ £>
72 64
-- EPA
-O- STATES
1987
1988
1989 1990
REISSUED BY EPA
REISSUED BY DELEGATED STATES
N/A
N/A
N/A
m
m
!;'
1
i
I II III IV V VI VII VIII IX X
REGIONS
IV V VI VII VOI IX X
REGIONS
-71-
-------
NPDES PERMIT PROGRAMS
Major and Minor Permits with Toxic Limits
STARS tracks the number of permits reissued or modified to limit priority toxic
pollutants from point sources. EPA issued/modified 350 permits and the States
issued/modified 984 permits with water quality based limits this year. Of these, EPA
and the States issued 110 permits as Individual Control Strategies. There are no targets
for these activities, but the accomplishments often come at the expense of major permit
reissuance. Generally, toxic limits are very complex and time consuming, and the ICS
statutory deadline aggravated this problem. Performance by Region is illustrated on
the next page.
Sludge Permits
These permits implement EPA's interim permitting strategy for sludge use and
disposal pursuant to section 405(d)(4) of the Water Quality Act of 1987. This year,
324 priority sludge facilities were permitted, over the target of 318. Regions III,
IV, V, VI and VII exceeded targets.
Near Coastal Waters Permits
In support of coastal initiatives, EPA is tracking major and minor permits issued to
these sensitive ecosystems. EPA and the States issued 1,065 major and minor permits
to facilities discharging into marine and estuarine waters. These permits are
designed to control the discharge of harmful pollutants, including bioaccumulative
and persistent toxicants. There are no targets for this measure.
-72-
-------
TOXIC LIMITS PERMITS
FY 1990
REISSUED OR MODIFIED WITH WATER QUALITY
BASED LIMITS (EPA & STATES)
600
500
CO
300
200
100
0
III IV V VI VII VIII IX X
REGIONS
REISSUED AS AN INDIVIDUAL
CONTROL STRATEGY (EPA & STATES)
oc
u.
O
35
30
25
20
15
10
5
0
I II III IV V VI VII VIII IX X
REGIONS
-73-
-------
-74-
-------
PRETREATMENT PROGRAMS
Pretreatment programs assure that POTWs implement and enforce controls needed
to protect human health and the environment from conventional and toxic pollutants
and hazardous wastes. To assess program effectiveness, an audit or inspection is
performed every year. At least once every five years, a pretreatment program must
be audited.
Audits
EPA performed 123 against a target of 121, and states completed 276 against a
target of 264.
Inspections
EPA inspected 316 pretreatment programs against a target of 326 and the States
inspected 713 against a target of 712.
-75-
-------
NPDES INSPECTIONS
o For coverage of major NPDES facilities, the Regions and states conducted 6.352 inspections
against an annual target of 6.783 for 94% of the aggregate national target. Only Regions IV and
VII met or exceeded their target. Based on this performance. 89% of the total universe of major
NPDES permitees have been inspected at least once.
NPDES SIGNIFICANT NONCOMPLIANCE
o Of the 7.131 total major NPDES facilities, 973 (14%) were in SNC during the fourth quarter (up
from 817 last quarter). Region II accounted for the increase with 325 facilities in SNC this
quarter, compared to 88 facilities in third quarter.
o Overall, 87% of major industrials are not in Significant Noncompliance (SNC), compared to 919e
for the previous quarter. For major industrials, 2,928 of 3,149 facilities (93%) have achieved Final
Effluent Limits (FEL). Of these facilities on PEL, 330 (11%) are in SNC. Of the 221 facilities
on Construction or Interim Effluent Limits (CS/IEL), 68 (31%) are in SNC.
o Overall, 85% of major municipals are not in SNC, compared to 86% for the previous quarter .
For major municipals, 3,401 (89%) of 3,834 facilities have now achieved FEL. (For comparison in
the fourth quarter of FY 1986, only 68% of major municipals had achieved FEL.) Of 3.401
facilities on FEL, 425 or 12% are in SNC. Of 433 facilities on CS/IEL 134 (31%) art* in SNC.
o Overall. 89% of major federal facilities are not in SNC (compared to 90% in the previous
quarter). For major federal facilities. 132 (89%) of 148 facilities have achieved FF.L. Of 132
facilities on FEL. 16 (12%) are in SNC. All of the 16 facilities on CS/IEL are not in SNC.
-76-
-------
NPDES INSPECTIONS AND MAJORS COVERAGE
As of September 30, 1990
I I TARGET (4Q)
ACTUAL (4Q)
WQ/E-12
50
4O
05 **
* 20
10
0
WQ/E-4.5
V VI
REGIONS
IX
NATIONAL
TOTAL
NPDES SIGNFICANT NONCOMPLIANCE
MXJSTRIAL
MUMCPAL
I IIVVVIVIVIIXX NATIONAL
REGIONS K?
40
30
20
10
0
SNCCS/EL
SNCFEL
IV V VI VI VI IX
REGIONS
X NATIONAL
-77-
-------
RESPONSE TO SIGNIFICANT NONCOMPLIANCE
EXCEPTIONS REPORT
i) The percentage of major industrial, municipal and federal facilities in SNC for two or more
consecutive quarters without being addressed or returned to compliance is at 2c/c. There are 29
facilities (12 industrial and 17 municipal) that have been in SNC for a year or more without being
addressed.
For major industrials, of 47 facilities from last quarter's exceptions list, 17 have returned to
compliance (RTC) and eight have enforcement actions initiated. The remaining 22 plus 25
new significant noncompliers on the exceptions report constitute the pending balance of 47.
One and a halt percent of the 3,149 major industrial facilities are pending on the exceptions
report.
For major municipals, of 103 facilities from last quarter's exceptions list, 37 have returned to
compliance and 31 have had enforcement actions initiated. The remaining 34 plus 69 new
significant noncompliers on the exceptions report constitute the pending balance of 103.
About three percent of 3,834 major municipal facilities are pending on the exceptions report.
o Of the nine Federal facilities from the last quarter's exceptions list, four returned to compliance
and three had enforcement actions initiated. The remaining two significant noncompliers plus one
new significant noncomplier constitute the pending balance of three facilities.
-78-
-------
16
12
8
RESPONSE TO SIGNIFICANT NONCOMPLIANCE
EXCEPTIONS REPORT
As of September 30, 1990
MAJOR INDUSTRIALS
NATIONAL
I I
IV V VI VI VI IX X
REGIONS
MAJOR MUNJCPALS
30
25
20
15
10
NATIONAL
150
I I IIVVVIVIVIIXX
WQ/E-6.7
I I RETURNED TO COMPLIANCE
EZZ1 ENFORCEMENT ACTION
UNADORESSED
=79=
-------
NPDES ENFORCEMENT ACTIVITY
o Through the fourth quarter, EPA issued 1.342 administrative orders compared to 1.428 during
FY 1989. The total includes 104 orders for failure to implement a pretreatment program and 192
proposed penalty orders. The states reported they have issued 1.236 orders through the fourth
quarter (compared to 1,232 reported in STARS for FY1989). The total includes 140 penalty
orders.
o During FY 1990, the Regions have referred 57 NPDES civil cases to DOJ compared to 82 last
year, plus four Pre-Referral Negotiations Cases and 13 consent decree enforcement cases. In
addition to the referrals to DOJ, the Regions also referred 12 civil cases to Headquarters. The
states have referred 249 civil cases this year compared to 323 and 532 for the last two fiscal years.
o The Regions have referred 28 Clean Water Act criminal cases (up slightly from 24 in FY1989)
and the states have filed 65 criminal cases in state courts (123 last year).
o During FY 1990, EPA had 278 Clean Water Act cases in the active civil docket. At the end of
the fiscal year, the status of these cases was:, 109 cases were at DOJ, 98 cases were filed hy DOJ.
54 cases were concluded, and 17 cases were returned to the Region. The states reported an
active civil docket of 765 cases. Two Regions carried 87% of this case load: Region V with 506.
and Reuion VII with 159.
-80-
-------
NPDES ENFORCEMENT ACTIVITY
CUMULATIVE
As of September 30. 1990
AOMMSTRA1WE ORDERS
CML REFERRALS *
760
500
400 -
300
200
100 -
60
60 -
40
30 -
20
10 -
IV V VI VI VI IX X
REGIONS
EPA
STATES
* EPA REFERRALS TO DO.t
STATE REFERRALS TO STATE AQ
WQ/E-8.9
-81-
-------
-82-
-------
Office of Pesticides and
Toxic Substances
.-83-
-------
-84-
-------
OFFICE OF PESTICIDES AND TOXIC SUBSTANCES
o PESTICIDES PROGRAM
Pesticide Registration Activities
Pesticide Special Reviews
Pesticide Regional Initiatives
FIFRA Enforcement
o TOXICS PROGRAM
Toxic Substance Control Act Activity
~ Toxic Release Inventory Activities
Asbestos Activity
TSCA Enforcement
-- EPCRA Enforcement
-85-
-------
-86-
-------
OFFICE OF PESTICIDE PROGRAMS
PESTICIDE REGISTRATION ACTIVITIES
REGISTRATION APPLICATIONS
Fiscal year 1990 actions taken to register a new chemical or biological, or to amend or add a new
use for an existing chemical:
o New Active Ingredients - 10 new chemicals registered against a target of 10.
o New Uses - 76 final decisions against a target of 60.
o Amended Registrations - 3,908 final decisions against a target of 2,625.
o Old Chemicals - 1,567 final decisions against a target of 1,425.
EMERGENCY EXEMPTIONS FOR PESTICIDES
An emergency exemption is granted by a Federal or State agency if EPA determines that emergency
conditions exist (e.g., a pest outbreak is identified and an effective pesticide is not registered for that
particular use).
OPTS made 344 final decisions (296 granted, 48 denied) against a FY 1990 target of 325.
PESTICIDE TOLERANCE PETITIONS
A tolerance petition decision applies to all requests for a tolerance level and exemption from
requirement of a tolerance level for pesticide residues in or on raw agricultural commodities,
processed foods and minor uses.
OPTS made final decisions on 72 tolerance petitions, against a FY 1990 target of 60.
-87-
-------
PESTICIDES SPECIAL REVIEWS
A "Special Review" is a review of an active ingredient for which data indicate a potential for
unreasonably adverse effects on public health or the environment. OPTS completed four Special
Reviews during fourth quarter against a target of four; for FY 1990, OPTS completed ten special
reviews against a target of ten.
REVIEW
Cadmium Chloride
Calcium Arsenate
Lead Arsenate
Stein Petition
Ethylene Oxide (ETO)
TYPE OF DECISION DECISION RESULTS
Voluntary
Cancellation
(FR 55:31227)
Tolerance Revocation
Proposed
(FR 55:33332)
Tolerance Revocation
Proposed
(FR 55:33334)
Denial of Petition
(FR 55:35347)
Sole remaining product (fungicide, used
for the treatment of turf diseases on golf
courses) cancelled effective 8/13/90.
Revoke tolerances in or on 35 Raw
Agricultural Commodities. Uses of
Calcium Arsenate met or exceeded the
risk criteria for carcinogenicity,
developmental toxicity & mutagenicity.
Revoke tolerances in or on 27 Raw
Agricultural Commodities. Uses of
Lead Arsenate met or exceeded the
risk criteria for carcinogenicity,
developmental toxicity & mutagenicity.
Denied petition to revoke ETO food
tolerances for ground spices and other
processed natural seasoning materials
under "de minimi's" exception.
-88-
-------
PESTICIDE REGIONAL INITIATIVES
The Office of Pesticide Programs initiated three new regional measures addressing concerns resulting
from pesticide application. Final publication of the Worker Protection Rule, the Groundwater
Management Strategy, and the Endangered Species Protection Program is pending, however,
Regions are reporting progress in developing cooperation with States on these initiatives.
Worker Protection
Regional Offices reported that 63 States and Indian Tribes have accepted worker protection
cooperative agreement funds (these funds are to be used to establish an infrastructure to conduct
outreach, education and enforcement activities identified in the new rule); 50 separate State and
Tribal agencies have been identified as responsible for outreach, education, and enforcement..
Groundwater Protection
Regional Offices reported that 61 States and Indian Tribes have accepted cooperative agreement
funds; 67 States and Indian Tribes have started establishing an infrastructure to map vulnerable
areas, monitor groundwater, coordinate a State or Tribal program, and prepare to implement a
State or Tribal Management Plan.
Endangered Species
Regional Offices reported 47 States with Cooperative Enforcement agreements accepted base
endangered species funding, 42 of these States are establishing an infrastructure to respond to public
inquiries and to coordinate evaluations of State habitat/range maps; 19 States are working on State
pesticide management plans or are currently engaged in Federal endangered species pilot plans.
-89-
-------
FIFRA COMPLIANCE MONITORING INSPECTIONS
AND COMPLIANCE LEVELS
(*NOTE: State data are lagged one quarter.)
o In the third quarter of 1990. the states completed 21.183 FIFRA use and restricted use pesticide
dealer inspections, completing 199% of their state grant targets. The states reported taking 5,786
enforcement actions in the third quarter representing a violation rate of 21% for "use" inspections.
In the third quarter of 1989, the states completed 18,039 inspections, with 4,884 enforcement
actions taken and a violation rate of 27%.
o In the fourth quarter of FY 1990. Regions VII and VIII, with non-delegated programs, completed
a total of 358 use and restricted use dealer inspections, achieving 105% of their targets.
ADDRESSING FIFRA SIGNIFICANT NONCOMPLIANCE
o Through the fourth quarter, the Regions referred 109 significant use violations to the states for
investigation and enforcement action. One-hundred and eight were referred at the end of the
fourth quarter of FY 1989.
o The Regions also identified 67 significant violator cases for EPA action.
FIFRA ENFORCEMENT ACTION
o The Regions issued 402 administrative complaints in FY 1990. compared to 443 a year ago. In
FY 1990, five FIFRA civil cases were referred to DOJ and one FIFRA criminal case was
referred. Five FIFRA civil cases and no criminal cases were referred in FY 1989.
-90-
-------
120
80
40
"USE" INSPECTION LEVELS
(DATA LAGGED ONE QUARTER)
FIFRA COMPLIANCE AND ENFORCEMENT
As of June 30, 1990
, COMPLIANCE STATUS
III IV V VI VII VIII IX
REGIONS
REFERRALS TO STATES
xxxxx
1
23
QUARTERS
P/E-1.3,4
(12) dl ADDRESSED WITrtN TBVEFRAME
(14) K3 PENDNG WITHN TIMEFRAME
(33) IZ2 ADDRESSED BEYOND TIMEFRAME
(0) NOT ADDRESSED BEYOND TIMEFRAME
125+
TARGET
21.183 USE
INSPECTIONS
CONDUCTED
(27%)
(73%)
VIOLATION WITH ACTION TAKEN
NO ACTION WARRANTED OR
COMPLIANCE DETERMINATION
PENDING.
EPA CASES AND REFERRALS FROM STATES
70
ffi 60
1 50
3co
"240
pO 30
10
0
VIOLATION PENDNG. CASES CASES
DETECTED ENFORCEMENT ADDRESSED CLOSED
ACTION
(67) (5) (62) (23)
-91-
-------
-92-
-------
OFFICE OF TOXIC SUBSTANCES
TSCA ACTIVITY
NEW CHEMICAL REVIEWS
Manufacturers and importers of a new chemical must give EPA a 90-day advance notice of their
intent to import or manufacture a new chemical. OTS reviews all new chemicals, imposing controls
as necessary to reduce risk.
o Valid New Chemical Notices: OTS received 2,525 notices this fiscal year. Of these, 1,736 were
Premanufacture Notices (PMNs), 787 were valid exemption notices (i.e., polymer exemptions,
low volume exemptions, and test market exemption applications) and 2 were biotech notices.
o Control Actions: OTS took 134 actions this year on new chemicals posing a threat to public
health or the environment. Of these, 36 were PMNs withdrawn in the face of regulatory action,
77 were PMNs with consent orders issued including one biotech PMN, 17 were exemptions
denied, and 3 were modifications to biotech PMNs.
EXISTING CHEMICAL REVIEWS
Under the provisions of TSCA, OTS must ensure that chemicals in commerce do not present an
"unreasonable risk of injury to health or the environment." Currently, the TSCA Inventory of
chemicals in commerce contains more than 70,000 chemical listings.
o Risk Management Decisions: OTS made 5 decisions this year (PCB Manifesting &
Notification, PCB Weight Clarification, PCB Exemption Rule, SNUR for Aromatic Ether
Diamines and HCFC 132B & HCFC 133A) against a target of 8.
o Information Provided to EPA offices and other Federal Agencies: 3,399 reports covering
251 chemicals using information gathered under TSCA for use by other Federal agencies
and EPA officies.
-93-
-------
TOXIC RELEASE INVENTORY (TRH ACTIVITIES
PUBLIC ACCESS TO SECTION 313
OTS reports quarterly on how data collected under Section 313 of the Emergency Planning and
Community Rigbt-to-Know Act (EPCRA-as referred to in Title HI of the Superfund Amendments)
is made available to the general public.
o TRI Data: EPA selected the National Library of Medicine's TOXNET automated database
system for online access to TRI data. In addition, EPA decided to produce and market
TRI data via computer tape, compact disk (CD-ROM), microfiche, and computer diskette.
Data is also provided to the public at Title III Reporting Centers.
o Outreach Presentations and Workshops: Regions report quarterly on the number of
technical presentations and outreach workshops conducted.
-- Industry: During fourth quarter, Regional Offices made 88 presentations and
conducted 98 workshops for the regulated community.
-- Government Agencies and the General Public: During fourth quarter, Regional
Offices made 106 presentations and conducted 64 workshops informing audiences on
aspects of the Section 313 program, such as how to access and use TRI.
ENVIRONMENTALLY BENEFICIAL EXPENDITURES (EBEs^)
Beginning FY91, all Regions will be required to submit data on case settlements involving EBEs. In
FY90, Region 5 reported negotiating EBEs in 24 cases through mitigation of assessed penalties.
o In 8 EPCRA cases, Region 5 reports collective EBEs estimated at $531,795 were achieved by
mitigating $47,150 in penalties: an EBEs to mitigation ratio of 11:1.
o Region 5 settled 16 of 44 Civil Administrative Complaints with EBE provisions. These EBEs
amount to almost $12 million for PCB equipment removal beyond the regulatory requirement.
-94-
-------
O s
EPCRA OUTREACH ACTIVITIES
FORFY 1990
# LISTED TRI FACILITIES, 1988*
1773 500 to 1.000
I I <500
TOXICS IN COMMUNITY 1988
EPCRA OUTREACH
to Industry
to Government/Public
(total) presentations and workshops
-95-
-------
ASBESTOS ACTIVITY
ASHAA CLOSE-OUT SITE EVALUATIONS
The Asbestos School Hazard Abatement Act of 1984 (ASHAA) provides grants and loans to school
districts for asbestos abatement. Regional Offices are to conduct close-out site evaluation
inspections of all outstanding ASHAA projects (i.e., all projects awarded ASHAA loan and grant
money during FY86-89) by confirming that abatement assistance was actually disbursed to designated
school projects and that abatement work was accomplished.
As reported in the STARS database, Regional Offices completed 282 ASHAA close-outs during
FY90; 75% of the ASHAA awarded projects have now been completed.
ACCREDITATION PROGRAMS
Asbestos training programs are approved through EPA course audits. Regional representatives must
determine that courses meet the criteria set forth in the EPA Model Accreditation Plan. As of
September, 1990, there are 14 states with fully approved programs and 9 states with partially
approved programs.
Regions report the number of fully approved State training courses conducted in each discipline (i.e.,
worker, contractor/supervisor, inspector/manager, and project designer). During fourth quarter,
States conducted 86 asbestos training courses; during FY90, a total of 522 courses were conducted.
-96-
-------
ASBESTOS SCHOOL HAZARD ABATEMENT ACT
PROJECTS AND PROGRAMS
As of September 30, 1990
EPA APPROVED
STATE ASBESTOS ACCREDITATION PROGRAMS
II! FULLY APPROVED PROGRAMS
V77( PARTIALLY APPROVED PROGRAMS
NO APPROVED PROGRAMS
(376)
ASHAA PROJECT CLOSE-OUTS UPDATE
Projects Requiring Close-Out
Projects Closed-Out
(total) ASHAA Projects Awarded 1985-90
AAP-1
-97-
-------
TSCA INSPECTIONS AND COMPLIANCE LEVELS
o The Regions and Headquarters completed 110% of their fourth quarter target for TSCA
compliance inspections. They conducted 1.856 inspections versus a target of 1.681. States with
inspection grants conducted 2.204 inspections, or 10l9c of the states' fourth quarter target. Of the
total 4.060 inspections completed through the fourth quarter. 1.637 (40%) were in compliance.
1.721 (43%) were pending a compliance determination, and 702 (17%) were in violation. The
number of initial EPA Regional and state grant inspections conducted for PCB disposal facilities
was 81, or 119% of the fourth quarter target. Initial inspections conducted for broker/storage
facilities total 156, or 138% of the fourth quarter target (only initial inspections are targeted).
RESPONSE TO TSCA SIGNIFICANT NONCOMPLIANCE
o At the beginning of the year, the Regions had 960 SNC cases on the fixed base. At the end of
the fourth quarter, 147 SNC and 391 Non-SNC pending cases were issued and 155 SNC cases
were closed. Through the fourth quarter of FY 1990, the Regions identified 90 new significant
violators based on FY 1990 inspections. The Star target is to issue 75% of cases within 180 days
of inspection. Of the 73 cases issued, 47 were issued within 180 days of inspection. The regions
issued 64% of cases within 180 days of inspection.
o For Federal facilities, 59 TSCA SNC cases were identified at the BOY. At the end of the fourth
quarter, 18 SNC and no Non-SNC pending cases were issued and 23 SNC Cases were closed.
The Regions identified 9 new significant violators based on FY 1990 inspections.
TSCA ENFORCEMENT ACTIVITY
o In FY 1990, the Regions issued 531 administrative complaints compare to 538 a year ago. Six
TSCA civil cases were referred to DOJ and four criminal cases were referred. Four TSCA civil
cases and three criminal cases were referred in FY 1989. In FY 1989 TSCA and FIFRA were
combined. Of the 538 TSCA administrative complaints, 121 were EPCRA.
-98-
-------
TSCA COMPLIANCE AND ENFORCEMENT
As of September 30, 1990
TSCA FEDERAL AND STATE INSPECTIONS
PCB INSPECTIONS
TARGET
O
DC.
<
125+
I I II IV V VI VI V« IX X HQ
I^U '
T 100
HI
0
feS 75
^
Ul _J
&ffi 50
U, ~*
H_ oc
<
3 25
r»
-
-
-
X
X
x
X
X
X
X
X
X
X
X
X
X
X
X
X
7
/
',
'/
/
.
/
X
.
,
£
/
x
X
x
/
X
X
X
x
X
X
^
/
X
X
x
X
X
X
x
X
X
/
/
x
/
X
x
/
X
X
x
/
/
^
7
',
/
/
/
X
/
X
^
^
/
y
X
x1
/
^
^
/
f
X
X
'
x
^
X
X-
x
/
/
/
/
',
^
x
/
/
7
^
^
/
^
'
/
/
'
/
7
/
/
X
/
x
x
x
X
X
X
X
X
X
X
X
125+
-TARGET
I II III IV V VI VII VIII IX X
EPA
Y77\ STATE
REGIONS
TSCA SIGNIFICANT VIOLATORS FIXED BASE
(PRE FY 1990 CASES)
REGIONS
1 PCB DISPOSAL FACILITY
PCB BROKER/STORAGE FACILITY
T/E-1.3.6
BOY OPEN PENDING PENDNG PENDING CASES
TOTAL SNC NON-SNC CLOSED
CASES CASES
ISSUED ISSUED
-99-
-------
EPCRA INSPECTIONS AND COMPLIANCE LEVELS
o During FY 1990. the Regions completed 701 EPCRA inspections or 106% of their target. Of the
total 701 completed inspections this quarter, 298 (43%) were in compliance, 211 (30%) were
pending a compliance determination, and 192 (27%) were in violation.
RESPONSE TO EPCRA SIGNIFICANT NONCOMPLIANCE
o At the beginning of the year, the Regions had 237 significant noncomplier cases on the fixed base.
This total includes 92 open cases (issued but not closed) and 145 pending issuance of enforcement
action. At the end of the fourth quarter. 104 SNC and 7 Non-SNC cases were issued. Eighty
SNC cases were closed.
o Through the fourth quarter, the Regions identified 145 new significant violators based on FY 1990
inspections. The Star target is to issue 75% of cases within 180 days of inspection. Of the 75
cases issued, 35 were issued within 180 days of inspection. The regions issued 47% of the cases
within 180 days of inspection.
EPCRA ENFORCEMENT ACTIVITY
o In FY 1990, the Regions issued 206 administrative complaints. No EPCRA civil or criminal
referrals have been issued this fiscal year. Last year there were 121 EPCRA administrative
orders. (NOTE: Last year EPCRA was a subset of TSCA).
-100-
-------
125
EPCRA COMPLIANCE AND ENFORCEMENT
As of September 30, 1990
EPCRA FEDERAL INSPECTIONS
II IV V VI VII VIII IX X
REGIONS
SIGNIFICANT VIOLATORS FIXED BASED
(PRE FY 1990 CASES)
TOTAL OPEN PENDING PENDNG PENDING CASES
BOY SMC NON-SNC CLOSED
CASES CASES
ISSUED ISSUED
E/E-1-3
-101-
-------
-102-
-------
Office of Solid Waste and
Emergency Response
-103-
-------
-104-
-------
OFFICE OF SOLID WASTE AND EMERGENCY RESPONSE
o Superfund
-- Remedial and Removal Program
ROD Accomplishments
~ Enforcement
o Chemical Emergency Preparedness and Prevention
Preparedness and Prevention
Enforcement
o RCRA
~ Land Disposal
Incinerators
Storage and Treatment
Corrective Action
Enforcement
o Office of Underground Storage Tanks
State Program Approvals
Leaking Underground Storage Tanks
-105-
-------
THE SUPERFUND PROGRAM
OVERVIEW
o The Superfund Program addresses the government's response to:
Hazardous substance releases or substantial threat of release into the environment, and;
Pollutant or contaminant releases of substantial threat of release which may present an
imminent or substantial danger to the public health or welfare.
o The Superfund Program encompasses several major areas of activity: Remedial actions,
Removal actions, Enforcement, and Chemical Emergency Preparedness and Prevention (CEPP).
The programmatic activity status, as it is tracked in STARS, will be discussed in this report by
each of these areas.
REMEDIAL PROGRAM
o The remedial program can be divided into three activity stages: Pre-Remedial Investigation,
Remedial Alternatives Evaluation, and Remedial Action Implementation, shown on the adjoining
stages track
-106-
-------
The Superfund Remedial Program in Perspective
Superfund
Removal
Program
Pie-Remedial
Investigation
Site Discovery
or
Notification
Y
Remedial
Alternatives
Evaluation
Remedial
Investigation
Feasibility
Study
I
Record of
Decision
Removal activities can be initiated at any stage in the remedial program
Activity is tracked in STARS
-107-
Remedial
Action
Implemention
-------
REMEDIAL PROGRAM OVERVIEW
o Using STARS data from the fourth quarter of FY 1990, the adjoining chart shows a national
performance summary toward the major stages in the Superfund Remedial Program "pipeline."
o While the comparison between progress at certain stages in the pipeline is not appropriate, this
diagram does indicate areas where progress is slow. These slow stages may ultimately cause a
backlog as more sites move through the earlier stages of the pipeline.
o Through fourth quarter each remedial stage shows varying progress. From first to fourth
quarter, Site Investigation (SI) activity, though slowing, remained above target. The bulk of the
Record of Decisions (RODs) were comleted in fourth quarter, as were remedial designs (RDs).
Included in this report is a summary of ROD activity from FY 1987 through FY 1990.
o The next major SARA goal states that EPA will commence 200 additional Remedial Actions by
October 1991. The Regions completed 76 RA starts in FY 1990, and have targeted 59 RA starts
for FY 1991. EPA successfully met the October 1989 SARA goal of 175 RA starts.
-108-
-------
SUPERFUND REMEDIAL PROGRAM
NATIONAL PERFORMANCE PROFILE
As of September 30, 1990
200
180
160
140
g 120
100
80
60
40
20
0
SI
COMP
REMOVAL
ACTION AND
RI/FS
START*
REMEDIES
AT NPL SITES
(RODs)
FRST
RD
RRST
RA
STARTS
COMPLETION
OF ALL
REMEDIATION
REMEDIAL ACTIVITY
PERFORMANCE / TARGET - PERCENT OF 4th QUARTER TARGET
*COMBNED M FY 1990 TO INDICATE GENERAL ACTIVITY AT SITES
CURRENT QUARTER
LAST QUARTER
- - ONE YEAR AGO
-109-
-------
Program Progress
l
Site Discovery
en-
Notification:
33,575 sites
Preliminary
Assessment:
31,012 sites
Site
Inspection:
12,980 sites
MRS
Scoring:
2,464 sites
National
Priority
Listing:
1,207 sites
SUPERFUND PRE-REMEDIAL INVESTIGATIONS
; Site Inspections
' o A site inspection (SI) characterizes the problem at a potential Superfund site to determine
I what, if any, further action is necessary. A site inspection occurs after the initial site
| discovery and notification to EPA, and after being screened by a Preliminary Assessment.
o In FY 1990, the Regions completed 1,906 Sis, exceeding the target of 1,660.
< o As of September 30, 1990, the Regions have conducted 31,012 Preliminary Assessments,
[ representing 92% of those facilities discovered and reported to EPA. The Regions have
I conducted 12,980, or 42% of all sites that have had a PA. The investigations of 18,778
| sites have shown that no further action is required.
o To date 2,370 sites have been scored by the Hazard Ranking System, 441 of which have
been scored in FY 1990. There are 1,236 sites current or proposed for the NPL. Federal
facilities account for 10% of the NPL sites to date.
-110-
-------
PRE-REMEDIAL SUPERFUND
As of September 30, 1990
SITE INSPECTIONS
S/F-2
500 -
400 -
300 -
200 -
100 -
I II III IV V VI VII VIII IX X
REGIONS
- TARGET FOR 4th QUARTER
%£& ACTUAL 4th QUARTER
KSS ACTUAL 3rd QUARTER
EZZl ACTUAL 2nd QUARTER
CZH ACTUAL 1st QUARTER
2000
NATIONAL
1000
FY 89 FY 90
Q1-Q4 Q1-Q4
NATIONAL TARGET
-111-
-------
Site Activity Starts
REMEDIAL ALTERNATIVES EVALUATION
Remedial
Investigation
and
Feasibility
Study:
1,075 sites
Record of
Decision:
568 sites
o Although the Remedial Investigation and the Feasibility Study (RI/FS) have different
purposes, the former being to define the extent of the problem and the latter being to
develop and evaluate remedial alternatives, they are often performed concurrently.
o The Superfund Removal Program involves short-term actions taken to prevent or mitigate
significant risk to human health, welfare, or to the environment. Situations which warrant
an immediate removal action may include: drinking water contamination, human health
and animal food chain exposure, fire/explosion threat, or other acute situations.
I o STARS tracks a combined RI/FS plus removal starts at NPL sites, even though removal
j actions are not exclusive to NPL sites. The Regions addressed 132 sites in fourth quarter,
against a target of 144 (91%).
o In Superfund to date, 2,517 removal or remedial activities have been started, and of these,
1140, or 45%, included PRP (potentially responsible party) financing. Ninety-one sites
were federal facilities.
Records Of Decision (RODs^
: o The Record of Decision document provides the basis for the remedial decision and
describes the selected remedy.
o This year 152 RODs were signed at NPL sites, bringing the year's performance to 90% of
the target of 169. Of total ROD activity for the year, 73% were completed in fourth
quarter compared to 30% targeted for fourth quarter. All but three of these sites were the
result of fund-lead RI/FS.
o
Remedies have been selected at 560 NPL sites (8 of which were No Action Alternatives)
through September 30, 1990. This is 45% of the 1,236 sites current or proposed for the
NPL.
-112-
-------
SUPERFUND REMEDIAL ALTERNATIVE DEVELOPMENT
As of September 30, 1990
30
NPL SITES WITH REMOVAL ACTION
OR RI/FS START
REMEDIES SELECTED AT NPL SITES (RODs)
20 -
10 -
II II IV V VI VI VII IX X
REGIONS
40
30 -
20 -
10 -
NATIONAL
RODS
FY89 FY90
Q1-Q4 Q1-Q4
II II IV V VI VII VII IX X
REGIONS
NATIONAL TARGET
S/C-2
TARGET FOR 4th QUARTER
FOURTH QUARTER
TURD QUARTER
SECOND QUARTER
FRST QUARTER
S/C-3
-113-
-------
REMEDIAL ACTION IMPLEMENTATION
Remedial Design Activity
Program P«>gre$$i
' v .*?: * o The remedial design is the detailed plan for conducting the remedial action. STARS tracks
'.. fund or PRP contract awards for remedial design activity starts. Depending on the specific
, , remedy, a site may require more than one remedial design.
Remedial
Design:
447 sites
I
Remedial
Action:
308 sites
I
Operation and
Maintenance
Post-Closure
Monitoring
This year the Regions initiated remedial design activity for 130 NPL projects (86% of
target). As of September 30, 1990, remedial design activity had been initiated at 447 NPL
sites.
Remedial Action Activity
o The Regions initiated 76 remedial action starts in fourth quarter, exceeding the target of
45. Of these, 43 (57%) were PRP-fmanced. As of September 30,1990, there were 308
NPL sites with remedies implemented or in progress. Of these 308, 151 or 49% included
PRP financing.
o Remedial Implementation was completed at 8 sites in fourth quarter, of 12 sites targeted
for completion. As of September 30, 1990, 63 NPL sites had been cleaned up. One year
ago 45 sites had been cleaned up.
o Post-closure monitoring provides the remedy verification needed to delete a site from the
NPL. Twenty-nine sites have been deleted from the NPL to date.
-114-
-------
30 -
20
10 -
REMEDIAL IMPLEMENTATION AT NPL SITES
As of September 30, 1990
REMEDIAL DESIGN STARTS
IV V VI VII VIII IX
REGIONS
15 -
10
5 -
REMEDIAL ACTION STARTS
IV V VI VU VIII IX
REGIONS
COMPLETION OF REMEDIATION
5
4
3
2
1
n
-
-
-
-
V,
n
* j
i
x^
^
8^
>o<
\\
s>v
"x^x
XX
^yS
\\
\\
1
1
1
1
1
S/C-4. 5. 6
IV V VI VII VIII IX X
REGIONS
TARGET FOR 4th QUARTER
ES3 ACTUAL 4th QUARTER
ESI ACTUAL 3rd QUARTER
IZZ2 ACTUAL 2nd QUARTER
I I ACTUAL 1st QUARTER
-115-
-------
-116-
-------
SUPERFUND ROD ACCOMPLISHMENTS
o
The Superfund Record of Decision (ROD) registers the remedy selected for a site based on the detailed
analysis of the Remedial Investigation and Feasibility Study (RI/FS). Timely ROD completion is often
problematic because the remedy must take into account a complexity of factors such as long-term effectiveness,
cost of the remedy, and community interests. As a result, there has been increased focus on ROD activity as a
critical milestone in the Superf und remedial process.
STARS tracks Regional ROD activity by fiscal quarter. Overall, Regions have met 84% of ROD targets from
FY 1987 to 1990. Analysis of national ROD activity shows that the bulk of ROD completions have occurred in
fourth quarter, although ROD activity has been targeted more uniformly across all four quarters. Data also
indicate a trend of decreasing fourth quarter targets despite increasing fourth quarter activity.
ROD TARGETS AND ACTUALS 1987-1990
100% T
75%
50%
PERCENT OF QUARTERLY
TARGET ACHIEVED
PERCENT OF ANNUAL ROD ACTIVITY
IN FOURTH QUARTER
25%
75%
SOS
25%
1987 1988 1989 1990 1
O1 Q2 O3 O4
AVERAGE OF 1987-1990
1997 1988 1989 1990 1991
-117-
-------
SUPERFUND ENFORCEMENT
o Enforcement cases under CERCLA may be brought under Section 106 (ordering cleanup to be
performed by PRPs). Section 107 (cost recovery from PRPs where EPA has performed the
cleanup by use of the Fund), or a combination of both, such as where EPA has spent money on
the site which it wants to recoup under Section 107. but also wants to require the PRPs to
perform remaining work under Section 106.
o During FY 1990, there were 57 Section 107 cost recovery site referrals to OE or DOJ for pre-
remedial action (against a target of 48). There were 22 Section 107 cost recovery site referrals
for remedial action (against a target of 21). bringing the total number of cost recovery site
referrals (greater than or equal to $200.000) to 79 against a target of 69. In FY 19
-------
SECTION 107
COST RECOVERY REFERRALS
(CUMULATIVE)
SUPERFUND ENFORCEMENT
As of September 30, 1990
IV V VI VI VI
REGIONS
25
20
15
10
5
0
SECTION 106
REMOVAL ORDERS
(CUMULATIVE)
IV V VI VI VI
REGIONS
IX X
SECTION 106
CIVL REFERRALS
(CUMULATIVE)
CUMULATIVE TARGET
CUMULATIVE ACTUAL
I I
S/E-1(a)
IV V VI VI VI IX
REGIONS
-119-
-------
CHEMICAL EMERGENCY PREPAREDNESS AND PREVENTION
Preparedness Program
The CEPP program goals are to reduce chemical accidents by promoting community awareness of
chemical hazards, and to assist states, localities, and private sector organizations to prevent and
respond to chemical accidents. CEPP is authorized under Title III of SARA.
o Simulations are table-top or full-field exercises conducted to evaluate a contingency plan. In
fourth quarter, the Regions assisted with or participated in 129 test exercises, against a target
of 58.
o Technical assistance is the provision of expertise by EPA to improve preparedness and
prevention capabilities and programs. The Regions provided technical assistance in 621
instances, exceeding the end-of-year target of 424.
Prevention Program
The CEPP Accidental Release Information Program (ARIP) focuses management attention on
facilities with repeated or "serious" chemical releases, and provides EPA with detailed information
on the causes and the activities undertaken to prevent subsequent releases. Chemical safety audits are
on-site inspections of the handling and process operations at facilities. ARIP activities combine the
authorities of CERCLA and other environmental acts.
o During fourth quarter, Regions sent 187 ARIP questionnaires to facilities with releases. EPA
will share the ARIP information with national, state, and local organizations.
o Forty on-site chemical safety audits were conducted by the Regions, meeting the fourth quarter
target of 40.
-120-
-------
CHEMICAL EMERGENCY PREPAREDNESS AND PREVENTION
Enforcement Program
o The EPCRA/CERCLA §103 enforcement program seeks to identify violators and issue enforcement
actions if necessary, such as administrative orders or complaints, to return violators to compliance.
o Investigation activities of potential violations (chemical releases or administrative) varies greatly
between the Regions and includes on-site inspections, use of CERCLA §104 and ARIP letters, and
cooperation with state and local enforcement counterparts. Activities reported might include state-lead
activity.
o Enforcement activity significantly increased during FY 1990. The Regions issued 31 administrative
complaints, an increase of 180% over FY 1989. The complaints represent penalties totalling over $2.7
million. All Regions participated in this enforcement initiative.
o Of 2,796 investigations of potential violations in fourth quarter, 1388 were in Region IV and 1306
were in Region VII. Of the 2,796 potential violations, 442 violations were identified, with 399 of these
in Region IV. Regions reported 10 violators returned to compliance without formal enforcement
actions, and none returned with formal actions.
o Regions IV and VII reported high levels of state enforcement activity in Florida and Kansas. Both of
these states have similar Right-to-Know laws that include filing fees and additional state enforcement
authority.
-121-
-------
THE RCRA PROGRAM
LAND DISPOSAL FACILITIES
As of September 30, 1990 the land disposal facility (LDF) universe numbered 1,542. Of these facilities, 162 LDFs were
on the permit track, 983 were on the closure track, 114 were on both tracks, and 283 LDFs were not classifiable.
Permitting Track
o As of September 30, 1990, 93% or 257 of the 276 facilities on the permitting track (including those facilities
on both tracks) have been determined. Nineteen LDFs have yet to be determined.
o There are no targeted LDF measures for facilities on the permit track. There were 18 draft RCRA permits
issued and 16 final RCRA permit determinations through fourth quarter.
Closure Track
o Of the 1,097 land disposal facilities on the closure track as of September 30, 1990, (including those
facilities on both tracks) 823 have approved closure plans.
o The Regions approved 88 land disposal facility closure plans through the fourth quarter, the fourth quarter
target for this measure was 60.
o The Regions have issued 39 LDF post-closure permits through fourth quarter.
-122-
-------
20 -
LAND DISPOSAL FACILITIES
As of September 30. 1990
FINAL PERMTT DETERMINATIONS
(PROGRAM TO DATE)
I IV V VI VI VI IX X
REGIONS
| | NUMBER VVTTHOIJTRNALDETERMNAT1ONS
R%£| NUMBER OF PERMTTS DENED
I NUMBER OF PERMITS ISSUED
CLOSURE PLANS APPROVED
25
20 -
15 -
10 -
5 -
I I IIVVVIVIVIIXX
[Z3 NUMBER OF CLOSURE PLANS APPROVED
----TARGET FOR 4lh QUARTER
R/C-1(DAE)
R/C-1(F)
-123-
-------
INCINERATORS
As of September 30, 1990, the incinerator universe, which includes both stand alone incinerators and incinerators at
disposal facilities, numbered 341. Of these facilities, 195 incinerators were on the permit track, 79 were on the closure
track, 10 were on both tracks, and 57 were not classified as being on either track.
Permitting Track
o Of the 205 facilities on the permitting track (including those facilities on both tracks), 80% or 163 have been
determined as of September 30, 1990. This leaves 42 facilities to be determined .
o The Regions made 50 final permit determinations through the fourth quarter, exceeding the fourth quarter
target of 26. Of the 50 determinations, 43 resulted in issued permits and seven have been denied.
o In addition, nine draft permits and four notices of intent to deny have been issued through fourth quarter.
Closure Track
o Of the 89 incinerators on the closure track as of September 30, 1990 (including those facilities on both tracks),
57 have approved closure plans.
o Through fourth quarter, the Regions have approved 20 incinerator closure plans, exceeding the target of 16.
o The Regions issued 13 notices of incinerator closure plan availability through fourth quarter. There were no
incinerator post-closure permits issued during fourth quarter.
-124-
-------
25
20
15
10
INCINERATOR DATA TRACKED IN STARS
As of September 30, 1990
RNAL PERMTT DETERMNATONS
NATIONAL
rv v vi vi vi ix
REGIONS
NUMBER OF PERMTTSDENED
NUMBER OF PERMTTS ISSUED
TARGET FOR 4th QUARTER
CLOSURE PLANS APPROVED
I I IIVVVIVIVIIXX
REGIONS
EZ3 NUVBER OF CLOSURE PLANS APPROVED
TARGET FOR 4th QUARTER
R/C-1(D&E)
R/C-1(F)
-125-
-------
STORAGE AND TREATMENT FACILITIES
As of September 30, 1990, the storage and treatment (SH') facility universe, which includes only facilities without
disposal or incineration processes, numbered 2,766. This universe was comprised of 1,650 SAT facilities on the permit
track, 490 facilities on the closure track and 905 facilities that have not submitted a permit application or closure plan.
Permitting Track
o As of September 30, 1990, 703 S/T facilities or 41% of the permit track facilities had received final permit
determinations.
o The Regions made 161 final storage and treatment facility permit determinations, through the fourth quarter,
exceeding the target of 122. Of these 161 determinations, 148 resulted in issued permits and 13 permits were
denied.
o The Regions also issued 143 draft permits and 17 notices of intent to deny a permit.
Closure Track
o Of the 490 storage and treatment facilities on the closure track, as of September 30, 1990, 346 have approved
closure plans.
o The Regions approved 194 storage and treatment facility closure plans and issued 117 notices of closure plan
availability through the fourth quarter. There was one post-closure permits issued during fourth quarter.
-126-
-------
STORAGE AND TREATMENT FACILITIES
As of September 30. 1990
RNAL PERMTT DETERMNATONS
R/C-1(DAE)
I I IIVVVIVIVIIXX
REGIONS
CHI NUMBER OF PERMTS DENED
[S3 NUKCER OF PERMTTS ISSUED
TARGET FOR 4th QUARTER
100
75
50
25
CLOSURE PLANS APPROVED
NATIONAL
I
1
I
300
200
100
0
4th Q
1990
I I IIVVVIVIVIIXX
REGIONS
ZZ3 NUKBER OF CLOSURE PLANS APPROVED
R/C-1(F)
-127-
-------
-128-
-------
CORRECTIVE ACTION ACTIVITY
o Corrective action activities may be conducted at a facility during interim status, permitting, and closure stages.
The corrective action process is shown in the graphic below. Year-to-date program information, as of
September 30,1990, is shown for several of these steps.
o Many of the corrective ac^on measures have changed for FY 1990. The RFI imposed measure is the
only corrective action measure to be targeted in STARS. The following measures have been added:
RFI workplan approved or notice of deficiency (NOD) issued, interim measures required of
owner/operator and corrective action oversight inspections at beginning-of-year corrective action
facilities.
o The Regions completed 227 RFA's and imposed 187 RFIs (exceeding the target of 108) through the fourth
quarter of FY 1990. They have completed 2,094 RFAs and imposed 738 RFIs through the corrective action
program year-to-date . The Regions completed work on 151 RFI workplans through fourth quarter and
completed 57 RFIs year-to-date.
o Nine corrective action remedies have been selected and ten corrective action designs have been approved
through fourth quarter. The Regions have completed 34 remedy selections and approved 29 corrective
measures designs year-to-date. The Regions have reported 27 interim measures required of owner operators in
the fourth quarter. They have required 79 interim measures and completed 14 year-to-date.
o Proposed regulations for the procedural and technical requirements for corrective action at solid waste
management units have been released by OMB.
Conducted by EPA
Review of the facility
and relevant record*
Determination ol
corrective ectlon need
KOLA Facility
!*««*%**.» ,
. *» >
Conductedby
Owner/Operator
wMi Agency
overalghl
Determination of
nal we/extent
I «"* J
-*
Corrective
Measures Study
(CMS) J
Conducted by
Owner /Operator
with Agency
oventghl
Identification o(
potential remedka
Implemented by
Owner/Operator
win Agency
Interim measure can be required at any point in the process
-129-
-------
RCRA ENFORCEMENT
o Inspections - Both EPA and the states performed well on yearly inspections targets for land
disposal facilities (1.334 against a target of 1.293 (103%)); for treatment, storage and disposal
facilities (1,859 against 1,629 (114%)) and for federal, state and local treatment, storage and
disposal facilities (441 against 432 (102%)). Of those generators generating over l,()()0kg of waste
and subject to land disposal restrictions. 4,843 have received a land hand inspection. Thirty-four
high priority violations were reported based on these inspections.
o Addressing Significant Noncompliance (Snapshot) - The RCRA program reported 817 treatment.
storage and disposal facilities (TSDFs) in significant noncompliance (SNC) at the end of the year.
Of these. 677 (83%) had been addressed by a formal enforcement action, but had not returned to
physical compliance.
o Of' the 817 TSDFs in SNC at the end of the year, 97 (12%) did not have a formal enforcement
action taken within 135 days of inspection.
o Federal Facilities (Snapshot) - At the end of the year, there were 71 federal facility TSDFs in
SNC. Of these, 53 (15c/c) had been addressed by a formal enforcement action, but had not
returned to physical compliance.
o Of the 71 federal facility TSDFs in SNC at the end of the year, 13 (18%) did not have a formal
enforcement action taken within 135 days of the inspection. There were three federal facilities
(EPA lead) with final EPA regional action completed within 120 days of the initial action.
o Judicial and Administrative Enforcement Activity - During the year, EPA referred 18 RCRA civil
cases to the U.S. Department of Justice and 21 criminal cases to OCEC. The states filed 64 civil
and/or criminal cases against Subtitle C handlers. EPA issued 366 formal administrative actions
compared to 453 for FY 1989. The states issued 1.350 administrative actions compared to 1,189
during FY 1989.
-130-
-------
RCRA ENFORCEMENT
As of September 30, 1990
ADDRESSING TSDFs N SMC - SNAPSHOT
175
160
125
2 3
QUARTERS
100
75
50
25
0
TSDF INSPECTIONS
IV V VI VI VI IX
REGIONS
FORMAL ADMNSTRATIVE ACTIONS
OVL AND CFHMNAL REFERRALS
1500
12OO
900
600
300 h
0
EPA
ZZ2 STATES
2 3
QUARTERS
70
60
50
40
30
20
10
0
EPA
STATES
2 3
QUARTERS
-131-
-------
OFFICE OF UNDERGROUND STORAGE TANKS
o The OUST program has two main facets: State Program Approvals and the LUST (Leaking
Underground Storage Tanks) Trust Fund for corrective action.
STATE PROGRAM APPROVALS
o State Program Approval, or "franchising," contains two stages. First, the state establishes the
necessary legislative authorities. Second, the state submits an application to the Regional
OUST for approval. The principal criterion for state program approval is that the state's
program be no less stringent than the federally mandated program.
Through fourth quarter, five states (three in Region IV, two in
Region VI) have submitted applications for program approval,
missing the target of twelve.
o Until state programs are approved, OUST works to set up agreements with states to implement
the federal UST program.
Two state programs have been approved to date. Fifty-one
states/tribes have agreements to implement the federal program
prior to state program approval.
o After state programs are approved, the role of OUST will be to continue to improve state
programs, maintain requirements no less stringent than federal requirements, and administer
the LUST Trust Fund.
-132-
-------
LUST TRUST FUND
o LUST Trust Fund monies are provided to states through cooperative agreements which are
renegotiated annually. A state is required to have certain legislative authorities in place, such
as enforcement or cost recovery provisions, before it can obligate LUST Trust Fund monies.
o An objective of OUST is to have the responsible parties lead cleanup efforts at LUST
corrective action sites.
There were 7,338 LUST cleanups initiated in fourth quarter (14%
of the 51,770 to date). Of these, 7,236 (99%) were responsible
party-led.
There were 5,439 LUST releases under control in fourth quarter
(15% of the 36,775 to date). Of these, 5,347 (98%) were
responsible party-led.
There were 1,677 site cleanups completed in fourth quarter (10%
of the 16,905 to date). Of these,!,585 (95%) were responsible
party-led.
-133-
-------
-134-
-------
Office of Enforcement
-135-
-------
-136-
-------
CIVIL ENFORCEMENT
Proposed Consent Decree Review Time
o OE reviewed and forwarded 107 consent decrees to DOJ in FY 1990 compared to 112 last .year.
o The average review time during the year was 26 days, meeting the 35 day average target. The
review times ranged from one to 186 days.
Civil Referral Activity
o The Regions referred 342 new cases directly to DOJ and 26 to HQs in FY 1990 for a total
referral activity of 368 cases; compared to 363 a year ago.
o In addition, in FY 1990:
The Regions opened 78 new pre-referral negotiation cases including 52 CERCLA cases, and
initiated 33 consent decree enforcement cases compared to 16 a year ago.
-137-
-------
FOLLOW-THROUGH ON ACTIVE CIVIL CASE DOCKET
o There are 865 active Pre-FY 1990 civil cases (i.e. cases referred to DOJ before 1.0/1/89, hut not
concluded before 10/1/89). At the end of the year, of the 865 cases :
- 18% (153) were pending at the DOJ,
- 6% (48) were returned to the Region,
- 2% (19) had been concluded before filing,
- 58% (497) were filed in court, and
- 17% (148) had been concluded after filing.
Of the 865 cases, 264 (31%) have been ongoing for more than two years since being filed.
o There were 375 civil cases (including 11 mobile source cases) referred to DOJ through the fourth
quarter (FY 1990 cases) compared to 364 a year ago. As of the close of the fiscal year, the 364
(non-mobile source) cases had the following status:
- 79% (288) were pending at the DOJ,
- 2 were returned to the Region,
- 4 were concluded before filing,
- 13% (49) were filed in court, and
- 6% (21) were concluded after filing.
o Of the 1229 civil cases active during FY 1990 (865 starts plus 364 new), 229 have been concluded,
leaving 1037 cases at the end of the year, compared to 810 and 899 in FY 1988 and FY 1989,
respectively.
-138-
-------
900
CO
111
co
<
O
£
600
300
FOLLOW-THROUGH ON ACTIVE CIVIL CASE DOCKET
As of September 30, 1990
CIVIL CASE DOCKET NEW FY 1990
REFERRALS TO DOJ
300
2 3
QUARTERS
LEGEND
CASES PENDING AT DOJ
CASES RETURNED TO THE REGION
CASES CONCLUDED BEFORE FILING
HES CASES FILED IN COURT
CASES CONCLUDED AFTER FILING
250
$ 200
<
o
O 150
100
50
0
CASES:
NUMBER OF REFERRALS - 364
E/C-4.5
-139-
-------
CONSENT DECREE TRACKING
o At the end of the fourth quarter, the Regions reported there were 646 active consent decrees
compared to 588 a year ago.
o Consent decree compliance for decrees with reported status for the quarter was 79%.
o Of 127 consent decrees reported in violation:
85 (66%) had a contempt action, a decree modification referred, or a stipulated penalty
collected.
27 (21%) had formal enforcement action planned but not commenced.
1.5 (12%) had no formal enforcement action planned or deemed necessary.
-140-
-------
V)
UJ
UJ
OC
O
LU
a
EPA CONSENT DECREE TRACKING
As of September 30, 1990
IU
IV
VII VIII
IX
NATIONAL
1234
QUARTERS
V VI
REGIONS
EZ3 IN COMPLIANCE WITH THE TERMS OF THE DECREE
S3] IN VIOLATION WITH FORMAL ENFORCEMENT ACTION INITIATED
§ IN VIOLATION WITH FORMAL ENFORCEMENT ACTION PLANNED BUT UNCOMMENCED
I I IN VIOLATION WITH NO FORMAL ENFORCEMENT ACTION PLANNED AT THIS TME
E/C-1
-141-
-------
-142-
-------
FY 1990 CONCLUSION OF CIVIL CASES
o There were 57 Superfund cases concluded in FY 1990. These cases included:
3 section 106 court orders
30 section 107 court orders
12 joint section 106/107 court orders
o The average time from filing to disposition of cases concluded in FY 1990 was 508 days
(approximately sixteen months).
127 non-CERCLA cases were concluded, by consent decree or litigation; 18 without penalties
and 109 with penalties.
Preliminary data indicates that $36,477,322 in civil judicial penalties were assessed in non-
CERCLA cases.
-143-
-------
-144-
-------
CRIMINAL ENFORCEMENT
Criminal Referral Activity
o There were 124 new criminal investigations opened in FY 1990 compared to 120 a year ago.
There were 214 open investigations at the end of the quarter compared to 185 a year ago. Thirty-
four investigations were closed prior to referral to the Office of Criminal Enforcement.
o The Regions referred 63 new cases to HQs and 65 cases were referred from OE to DOJ. A year
ago, the Regions referred 62 cases to HQs, and 60 cases were referred from OE to DOJ.
-145-
-------
FOLLOW-THROUGH ON ACTIVE CRIMINAL CASE DOCKET
o There were 107 active Pre-FY 1990 criminal cases (referred before 10/1/89), compared to 97 a
year ago. As of the close of the fourth quarter.
9% (10) were under review by DOJ,
24% (26) were under grand jury investigation,
- 30% (32) had charges filed,
21% (23) had been closed following prosecution, and
15% (16) had been closed without prosecution.
o There were 65 new criminal cases referred to DOJ through the fourth quarter compared to 60 a
year ago. As of the close of the fiscal year:
25% (16) were under review by DOJ,
48% (31) were under grand jury investigation,
- 17% (11) had charges filed,
5% (3) were closed following prosecution, and
6% (4) were closed without prosecution.
o The total number of active cases was 126 compared to 111 last year.
-146
-------
LLJ
o
&
120
100
80
60
40
20
0
FOLLOW-THROUGH ON ACTIVE CRIMINAL CASE DOCKET
As of September 30, 1990
PRE-FY 1989 REFERRALS STATUS OF NEW
FY 1990 REFERRALS
2 3
QUARTERS
70
60
50
40
30
20
10
0
LEGEND
1 2 3
QUARTERS
NUMBER OF NEW REFERRALS
E/C-7.8
IX X UNDER REVEW AT DOJ
I I UNDER GRAND JURY INVESTIGATION
JiiiiPil WITH CHARGES FLED
fe-fel CLOSED FOLLOWING PROSECUTION
I CLOSED BY DOJ WITHOUT PROSECUTION
-147-
-------
-148-
-------
FY 1990 CONCLUSION OF CRIMINAL CASES
o The average time from referral to DOJ (the date of first defendants indictment or information)
until charges were filed was six months.
o The average time from opening a criminal investigation to the referral to OCE was 5.65 months.
o OE reports that 32 criminal referrals were concluded during FY 1990, with each referral resulting
in the conviction of defendants.
o 59 defendants were charged and of those, 55 defendants were convicted and 4 were acquitted or
dismissed. Twenty-six of the defendants were sentenced to incarceration (a total of 745 months
before suspension)
o Fines (before suspension) were assessed at $5,513,300.
-149-
-------
FEDERAL FACILITY COMPLIANCE
Federal Facility Violation Rates fNOTE: Data are lagged one quarter)
o During the third quarter of FY 1990, 274 inspections of Federal facilities were conducted. Eighty-
four violations were detected in thee inspections for a 31% violation rate.
For the Air media, ten violations were detected in 59 inspections for a 17% rate.
For NPDES, ten violations were detected in 91 inspections for a 11% rate.
For SDWA, no violations were detected and one inspection was conducted.
For RCRA, 54 violations were detected in 100 inspections for a 54% rate.
For TSCA, nine violations were detected in 18 inspections for a 50% rate.
For multi-media, one violation was detected in five inspections for a 20% rate.
In the third quarter, 56 enforcement actions were taken against previous violations.
NOTE: Region I data was not submitted in time for this report.
-150-
-------
FEDERAL FACILITIES VIOLATION RATE
BASED ON INSPECTIONS
As of June 30, 1990
UJ
DC.
z
d
AIR NPDES DW RCRA TSCA
(32) (33) (3) (109) (32)
NUMBER OF INSPECTIONS
NOTE: DATA LAGGED ONE QUARTER
' I % NOT IN VIOLATION
OVERALL
(213)
E/C-1/4E
IN VIOLATION
-151-
-------
Response to Significant Federal Facility Noncompliance
o OAR identified nine Federal facilities as significant violators as unaddressed at the beginning of
the quarter. Two were returned to compliance and the remaining seven are pending.
o OW identified nine Federal facilities on the exceptions list that were carried over from the
previous quarter. Four were returned to compliance and three had enforcement action initiated.
Resolution of the remaining two SNC's is pending.
o Fifty-nine TSCA Federal facility SNC cases were identified at the BOY. At the end of FY 1990,
18 SNC cases were issued and 23 SNC cases were closed.
o RCRA compliance snapshot at the end of the year shows 71 Federally owned or enforcement
actions, but are not yet in compliance.
-152-
-------
Number of New Criminal Referrals to EPA-OCEC
(4th Quarter FY90)
Region I
Region II
Region III
Region IV
Region V
Region VI
Region VII
Region VIII
Region IX
Region X
NEIC
Total
RCRA
2
0
2
4
2
1
0
6
0
0
4
21
CLEAN
AIR
1
1
2
3
0
0
0
0
0
1
0
8
CLEAN
WATER
3
3
5
7
2
2
0
0
1
3
2
28
FIFRA
0
0
0
0
1
0
0
0
0
0
0
1
TSCA
0
0
0
0
1
0
2
0
1
0
0
4
CERCLA
0
0
0
0
0
0
0
0
0
1
0
1
Total
6
4
9
14
6
3
2
6
2
5
6
63
-153-
-------
-154-
-------
Office of General Counsel
-155-
-------
-156-
-------
RED BORDER REVIEW DEADLINES
o OGC received 121 Red Border documents for review during FY 1990. During fourth quarter
OGC reviewed 31 packages. Of these:
19 reviews were completed within three weeks,
8 reviews were completed within four weeks, and
4 were incomplete within the four week review target.
STATE DELEGATION AGREEMENT REVIEW DEADLINE FOR RCRA OR UIC
APPLICATIONS
o OGC received three applications for evaluation during FY 1990. All three were concurred on
within 15 days. There were no applications received during fourth quarter.
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