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
    -5-

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-6-

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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%).
                                            -7-

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-8-

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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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-10-

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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.
                                         -11-

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-12-

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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).
                                         -13-

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-14-

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Office of Air and Radiation
         -15-

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-16-

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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
                                       -17-

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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.
                                         -18-

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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.
                                         -19-

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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.
                                      -20-

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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.
                                          -21-

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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
                                           -22-

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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.
                                           -23-

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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.
                                          -24-

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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.
                                              -25-

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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.
                                         -27-

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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.
                                          -28-

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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.
                                               -29-

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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).
                                        -30-

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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.
                                            -31-

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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.
                                          -32-

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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
                            -33-

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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.
                                          -34-

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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
                                           -35-

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-36-

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Office of Water
 -37=

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-38-

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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
                                         -39-

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-40-

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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.
                                           -41-

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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.
                                            -42-

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                            STATE WELLHEAD PROTECTION
                               As of September 30. 1990
                                                    EXPECTED TO BE APPROVED IN 91
                                                    APPROVED IN 90
GW-I
                                       =43=

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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-

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                                  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-

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                  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-

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         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-

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                          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-

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-50-

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                           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-

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                                    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-

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             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-

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                                        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-

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                            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-

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                                           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-

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                                  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-

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                            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-

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                                   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-

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                      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-

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-64-

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                           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-

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-66-

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                    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-

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             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-

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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-

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                         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-

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  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-

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                        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-

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                                      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-

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-74-

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                     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-

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                                   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-

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                       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-

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                  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-

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  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-

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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-

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-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-

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-92-

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                          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-

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                    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-

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                                   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-

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                         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-

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                 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-

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                              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
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                                                                                          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-

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                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-

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     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-

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-102-

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Office of Solid Waste and
Emergency Response
       -103-

-------
-104-

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           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-

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                              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-

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                      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

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                           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-

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                              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-

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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-

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                               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-

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               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-

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                  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-

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                                      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-

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 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-

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-116-

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                                 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-

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                             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-

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              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-

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                      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-

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                                           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-

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      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-

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                                                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-

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     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-

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                                  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-

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                             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-

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-128-

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                                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-

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                                  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-

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                                  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-

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                              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-

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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-

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-134-

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Office of Enforcement
        -135-

-------
-136-

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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-

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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-

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     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-

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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-

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       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-

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-142-

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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-

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-144-

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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-

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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

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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-

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-148-

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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-

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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-

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                        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-

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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-

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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-

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-154-

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Office of General Counsel
        -155-

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-156-

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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.
                                         -157-

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-158-

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