United States
Environmental Protection
Agency
Office of
The Administrator
(PM-222A)
December 1990
3-EPA
Strategic
Targeted
Activities
Results
S y s/re m
for
First Quarter
FY1991
Report
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U.S. Environmental Protection Agency
Strategic Targeted Activities for Results System
First Quarter FY 1991 Report
TABLE OF CONTENTS
Preface ......... 1
Office of Air and Radiation ...... 2
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U.S. Environmental Protection Agency
Strategic Targeted Activities for Results System
First Quarter FY 1991 Report
PREFACE
The Office of Policy, Planning and Evaluation is making changes to the format and content of the Quarterly
STARS report that are meant to make it more useful. These improvements reflect our continuing efforts to:
1) enable Agency management systems support strategic planning; 2) provide top management with a
systematic, reliable, and neutral source of information to make decisions, assess progress, and develop
policy; and 3) foster solid working relationships between Regions, program offices and support offices.
STARS should reflect and reinforce the goals the Agency has established for itself in its four-year strategic
plans. The Annual Operating Guidance outlines the activities, objectives, and STARS measures that
contribute toward meeting the four-year goals in the program strategic plans. This quarter, we will attempt
to describe how the priorities of the current four-year program strategic plans (recognizing that strategic
planning's first implementation year will be 1992) mesh with the Agency Operating Guidance (AOG),
STARS measures and targets. This analysis will set the stage for future quarterly analyses in STARS
reports. It should also serve as a benchmark by which media programs can improve their STARS measures
for 1992.
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OFFICE OF AIR AND RADIATION
Office of Air and Radiation (OAR) programs address many of the highest risk environmental problems
faced by EPA, as ranked in Unfinished Business, and the Science Advisory Board report, Reducing Risk:
Setting Priorities and Strategies for Environmental Protection. OAR's mission, stated in their strategic plan,
is to protect human health and the environment, including ecological and aesthetic effects, from airborne
pollutants and radiation.
The Clean Air Act amendments were signed November 15,1990. The Office of Air and Radiation (OAR)
has prepared itself for this ambitious statutory agenda. OAR acknowledges that implementation of the CAA
Amendments is their highest priority. They are committed to carry out their mandate.
The 1991 Agency Operating Guidance (AOG) - which was published in March 1990 - sets out a number
of priorities based on the development of the Clean Air Act (CAA) amendments up to that point in time.
The priorities established in the AOG are: stratospheric ozone depletion, global wanning, acid deposition,
National Ambient Air Quality Standards (NAAQS) attainment, air toxics, radon and indoor air, radioactive
waste, and emergency response. In addition, the CAA amendments include a number of provisions that
bolster the enforcement authority of the federal government. (For example, criminal violations are upgraded
from misdemeanors to felonies; administrative authorities are dramatically expanded; and new authority is
provided for a field citation program for minor violations.) The amendments also strengthen the Agency's
authority to bring civil actions for injunctive relief and to impose penalties for violations of State
Implementation Plans (SIPs) and permits.
Specific activities and strategies are being modified as a result of the amendments. FY 1991 STARS
measures are under review and may need revisions by OAR to reflect the CAA implementation plan.
OFFICE OF AIR QUALITY PLANNING AND STANDARDS
The Office of Air Quality Planning and Standards (OAQPS) focuses on air pollution problems derived from
stationary point and area sources. OAQPS STARS measures track National Ambient Air Quality Standards
(NAAQS) activities, air toxics, and permits, as well as related enforcement activities.
NAAQS
NAAQS are goals set to protect public health with an adequate margin of safety and the environment.
Currently NAAQS are established for ozone, carbon monoxide, paniculate matter smaller than 10 microns
(PM-10), sulfur dioxide, nitrogen dioxide, and lead.
FY 1991 STARS measures tracking NAAQS activities follow State Implementation Plan (SIP) revisions.
SIPs comprise a core regulatory framework that includes emission inventories, models, demonstrations of
ability to attain, and enforceable state regulations ratified by EPA.
In 1991, the highest priority is aggressive implementation of programs to attain National Ambient Air
Quality Standards (NAAQS) for ozone, carbon monoxide, and PM-10. The Agency will work with states
to ensure compliance by stationary sources of volatile organic compounds in ozone nonattainment areas.
While the program will emphasize progress toward attainment of the NAAQS for ozone, carbon monoxide,
and PM-10, attainment problems for other pollutants still exist, particularly for sulfur dioxide and lead.
Regions will be working with state and local agencies to correct SIP deficiencies, improve source
compliance, and develop necessary control measures.
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Ozone/Carbon Monoxide
For ozone/carbon monoxide attainment, STARS tracks SIPs submitted to correct deficient or missing
regulations as required by 1988 or 1989 SIP call letters to State Governors. Status of ozone/CO emission
inventories against specified base years will be tracked also. By the end of first quarter 1991,549 (108%
of target) submittals to correct deficiencies were received by EPA from the states. However, the STARS
targets were set prior to the CAA amendments and the Regions targetted far less than the new Act requires.
Only 37% of all required regulations have been submitted to EPA and a deficit is projected by the May 15,
1991 deadline.
Volatile Organic Compounds (VOC) Enforcement
Compliance Rates and Inspections: There are 5,103 Class A SIP and New Source Performance Standards
VOC sources in ozone nonattainment areas. OAR reports that 745 (14.6%) sources 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 fourth quarter FY 1990 inspection commitment for VOC
Gass A SIP and NSPS sources in ozone nonattainment areas. (NOTE: inspection data for all pollutant
categories are lagged one quarter).
Significant Violators: At the beginning of the first quarter, 121 VOC surces were identified as being
unaddressed, and 42 new violators were identified during the quarter. Twelve were returned to compliance,
12 were placed on acceptable schedules, and 2 had enforcement action commenced (11 were addressed
within 120 days of detection and 9 were addressed within 121-270 days after detection). Of the
unaddressed violators, 28 have been in violation for more than one year but less than two years, and 39 (34
in Region V) have been in violation for more than two years.
Paniculate Matter
The CAA reauthorization changes the paniculate matter non-attainment area classifications; therefore
measures will likely change after first quarter.
Particulates Enforcement
Compliance Rates and Inspections: There are 4,173 major particulates sources in Group I and II areas, of
which 220 (5%) 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 122% of their fourth quarter
inspection commitment for Total Suspended Particulates (TSP) Class A SIP and New Source Performance
Standards (NSPS) sources in Group I and II areas.
Significant Violators: Seventy-nine TSP sources in Group I and n areas were identified as unaddressed
significant violators at the beginning of the quarter and 31 new violators were identified during the quarter.
Eight were returned to compliance, 5 were placed on schedules, and 2 had enforcement action commenced
(4 were addressed within 120 days of detection, and 8 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
20 (15 in Region V) have been in violation for more than two years.
Sulfur Dioxide
Sulfur dioxide SIP deficiencies will be tracked against schedules received for corrective actions.
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Sulfur Dioxide Enforcement
Compliance Rates and Inspections: There are 293 sulfur dioxide (802) sources in S02 nonattainment areas,
of which 41 (14%) 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 203% of their fourth quarter
inspection commitment for SOa Class A SIP and NSPS sources in 862 nonattainment areas.
Significant Violators: Thirty-four 802 sources were identified at the beginning of the quarter as being
unaddressed significant violators and two new violators were identified during the quarter. Three were
returned to compliance, two were placed on schedules, and none had enforcement action commenced (three
were addressed within 120 days of detection). Of the unaddressed violators, six have been in violation for
more than one year but less than two years, and 12 (all in Region V) have been in violation for more than
two years.
OTHER NAAQS
For NO 2 Prevention of Significant Deterioration (PSD) increments, 32 SIP submittals for new delegation
agreements were received by the end of first quarter against a target of 23 (139%).
Stationary sources emitting lead need to have minimum monitor networks established and operating. As of
first quarter, 19 minimum lead monitor networks were established and operating against a target of 21
(90%). In addition, completed analyses of ambient impact of lead sources data through June, 1991 will be
tracked this year.
AIR TOXICS AND NESHAPS
Implementation of the revised compliance strategy for asbestos under the National Emission Standards for
Hazardous Air Pollutants (NESHAPs) and of the compliance monitoring strategy for non-transitory
NESHAP sources will be a priority. Regions and states will develop and implement programs to identify
asbestos non-notifiers, inspect radionuclides sources, develop inventories of all covered benzene sources,
and monitor compliance.
Air Toxics
Air toxics are not covered under the NAAQS. To address concern that risks due to emission of large
numbers of toxic substances are high, controls will be established to restrict these emissions. The new
CAA established a list of 189 toxic pollutants to be regulated. The first phase will be based on technological
standards requiring industry to install Maximum Achievable Control Technology (MACT). MACT
standards will govern selected categories of industrial facilities.
Current STARS measures track the number of Multi-year Development Plans (MYDPs) received that
adequately address new CAA activities. By the end of first quarter, four MYDPs were reported received by
EPA.
Enforcement of NESHAPs
Compliance Rates and Inspections: Of the 1,077 NESHAP (non-transitory) sources, 259 (24%) 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 93% of their fourth quarter inspection commitment for
NESHAP sources.
Significant Violators: Twenty NESHAP sources were identified at the beginning of the quarter as being
unaddressed significant violators and 13 new violators were identified during the quarter. One was returned
to compliance, 1 was placed on a schedule, and 10 had enforcement action commenced (1 was addressed
within 60 days of detection, and 15 were unaddressed for more than 90 days after detection).
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Permits
State operating permits will be a new emphasis for the air program, both integrating and enhancing the
effectiveness of the acid rain, NAAQS attainment and air toxics programs. Operating permits apply not only
to SIPs, but also to New Source Performance Standards (NSPS), Maximum Achievable Control
Technologies (MACT), etc. Permits will become the principal enforcement mechanism for meeting all
applicable requirements under the Clean Air Act. Permits will be required for major sources — those
emitting more than 100 tons per year, smaller sources in more seriously polluted areas, and sources subject
to air toxics regulations, as well as all sources subject to new source performance standards (NSPS).
FY 1991 STARS measures track EPA's progress in transmitting letters to state officials that outline
problems with current state enabling legislation. The legislation may need to be amended to meet Clean Air
Act amendment requirements for acceptable operating permits programs. Also, 60 State/local agencies must
develop and submit to EPA transition plans that indicate what they plan to do to develop acceptable
operating permits programs.
Seventy-eight of 79 major New Source Review permit packages were reviewed on time during the first quarter.
Air Enforcement ~ Combined Report
Significant Violators: There were 394 significant violators unaddressed at the beginning of the quarter and 125
new violators were identified during the quarter. Fifty-six were returned to compliance, 31 were placed on
schedules, and 19 had action commenced. Of those addressed, 34 were addressed within 120 days of detection
and 29 were addressed within 121-270 days of detection. Of the unaddressed violators, 75 have been in
violation for more than one year but less than two years, and 94 have been in violation for more than two years.
One hundred and seventy-seven significant violators are not a part of the pollutant-specific reports discussed
previously (but are included in the totals above). Thirty-two were returned to compliance, 11 were placed on
schedules, and 5 had enforcement action commenced. Of those addressed, 16 were addressed within 120 days
and 12 within 121-270 days. Twenty-four of the unaddressed violators have been in violation for more than
one year but less than two years, and 23 have been in violation for more than two years.
Enforcement Action: Fourteen stationary source civil judicial actions were referred to DOJ during the quarter, a
level similar to previous years. The Regions also report issuance of 39 administrative orders (this includes
lagged asbestos demolition and renovation data from the fourth quarter of FY 1990). The states reported the
referral of 156 civil cases and issuance of 1,312 administrative orders through the fourth quarter (state data are
lagged one quarter). Three Clean Air Act criminal cases were referred to Headquarters in the first quarter.
Asbestos Demolition and Renovation Program: (NOTE: Data are lagged one quarter) Through the fourth
quarter of FY 1990, the EPA Regions report receipt of 12,441 notifications of asbestos demolition, and the
states reported receipt of 56,764 notifications.
The Regions have conducted 659 asbestos demolition and renovation inspections through the fourth quarter and
reported identification of 69 substantive violations. The states conducted 18,646 inspections through the fourth
quarter and reported 438 substantive violations.
OFFICE OF MOBILE SOURCES
The Office of Mobile Sources (OMS) portion of OAR's strategic plan and AOG priorities for 1991 focus on
developing new Clean Air Act regulations for fuels and vehicle standards to reduce air toxics and to attain the
National Ambient Air Quality Standards (NAAQS) nationwide. OAR will track key milestones toward the
development of these rules in the Action Tracking System (ATS). 1991 OMS STARS measures report the
number of state/local vehicle inspection programs (I/M Programs) implemented and as well as the number of
audits of I/M programs by EPA to ensure that states or localities are operating I/M facilities soundly. These
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STARS measures reflect the Regional priority work of the QMS program rather than the Headquarters priority
work. They do not reflect where the lion's share of QMS resources go. Nevertheless I/M programs.are a critical
part of the QMS program because they ensure that tailpipe emissions actually decrease -- the ultimate end of the
entire mobile sources program.
This year, the mobile sources program will audit 40 of 43 I/M programs either through in-person inspections or
through questionnaires that I/M programs complete and return to QMS. In addition, QMS will implement five
new I/M programs this year.
OFFICE OF ATMOSPHERIC AND INDOOR AIR POLLUTION
The goals of the Office of Atmospheric and Indoor Air Pollution (OAIAP) program include: developing and
implementing programs to reduce acid deposition, and solving growing national and international problems.
Regulations promulgated in August 1988 to address chlorofiuorocarbon (CFC) emissions that cause the
depletion of stratospheric ozone will be enforced. STARS contains one measure on CFC enforcement,
reported to the Stationary Source Compliance Division in OAQPS. Nine CFC program inspections were
conducted this quarter, two of these were issued Notices of Violation.
For FY 1991, there are no measures dealing with indoor air or global warming in STARS. Until recently, OAR
has used STARS primarily as a Regional tracking system, using the Action Tracking System (ATS) to track
regulation development, typically a Headquarters function.
OFFICE OF RADIATION PROGRAMS
RADON
The overarching goals of EPA's radon program as expressed in the AOG and the OAR strategic plan are to
determine the extent of the radon problem nationwide, empower state radon programs, develop capacity to
prevent and mitigate elevated levels of indoor radon in new construction and existing homes, schools, and
workplaces, promote public action on elevated radon levels, and coordinate the Federal government's response
to the national radon problem. STARS measures demonstrate these priorities and do a good job of showing the
program's progress in achieving them. First quarter STARS data concentrates primarily on public awareness
activities and training at the Regional Radon Training Centers. During first quarter, 232 state/local radon
"awareness activities" were held by the Regions against a first quarter target of 27. National Radon Action
Week (October 14-20,1990) accounts for this impressive achievement by including a wide range of activities,
including press conferences, television and radio interviews, radon test kit promotions, new state hotline
numbers, poster contests, utility bill inserts, and radon displays at state fairs and local shopping malls. This
outreach effort generated a great deal of press coverage at the local state and national levels and included special
segments on the 'Today Show" and CNN.
RADIATION
The 1991 Annual Operating Guidance Radiation priorities focus on promulgating disposal regulations for
high-level and low-level radioactive wastes and developing criteria for residual radioactivity levels at
decommissioned nuclear facilities. The goals of the radiation program as expressed in the more recent
1993-1997 strategic plan also include providing public information on risks from proper disposal of man-made
radiation, providing comprehensive federal guidelines for protective actions during nuclear incidents, and
providing technical support for existing and planned federal facility agreements. Radiation STARS measures
cover radionuclides NESHAPs - site inspections for radionuclides NESHAPs, number of industrial facility
requests reviewed, and number of states given NESHAPs authority. Measures also include low level
radioactive waste: number of facilities subject to standards, and status of states participating in compacts.
Finally, STARS tracks the number of emergency response exercises conducted. No radiation activity is
reported in STARS for the first quarter.
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OFFICE OF PESTICIDES AND TOXIC SUBSTANCES
INTRODUCTION
STARS tracks the most important of a program's activities; in doing so, it provides the feedback necessary
to determine what and how well a program is doing toward achieving the goals and objectives set forth
under the auspices of the program mission. OPTS's FY 1991 first quarter STARS data is presented in the
context of Program Directions as outlined in the FY 1991 Agency Operating Guidance (AOG). The
measures are linked to the OPTS FY 1993-1996 Strategic Plan (SP) in order to provide a broad perspective
of how OPTS's STARS related day-to-day (Quarterly) work fits in with its long-term aspirations.
OFFICE OF TOXIC SUBSTANCES
ASBESTOS ABATEMENT
Through course audits, Regional representatives ensure that asbestos training programs meet EPA Model
Accreditation Plan criteria. Currently, 17 states have fully approved accreditation programs and 8 states
have partially approved programs. During first quarter, states conducted 24 approved asbestos training
courses for workers and contractors/supervisors and 17 courses for inspectors, management planners, and
project designers.
These measures provide feedback on the OTS SP objective, "Eliminate unreasonable risk to maintenance,
service workers, and asbestos removal workers by requiring proper training and accreditation of personnel
performing inspections and abatement actions and establish vigorous enforcement efforts." The objective
falls under the program goal, "Prevent or Eliminate Unreasonable Risk." The measures also reflect
progress toward the program goal of enhancing productivity by increasing State level capacity.
EPCRA
OTS reports how Emergency Planning and Community Right-to-know Act (EPCRA) Section 313 data is
made available to the public. Public access to TRI data via the National Library of Medicine's TOXNET
database totaled 1,139 online hours during the first quarter. OTS also reported 1S9 first quarter information
requests at Title III Reporting Centers.
These measures relate to the SP objective, "Increase data and information sharing with other agencies and
the public to help stimulate pollution prevention efforts," found under the program goal, "Reduce
Unnecessary Exposure and Promote Pollution Prevention."
POLYCHLORINATED BIPHENYLS (PCBs)
During the second quarter, a Regional report to STARS will assess State PCB program enhancement
progress and activities. This will be primarily a narrative report that should provide a measure of progress
toward a number of SP State capacity enhancement objectives under the program goal, "Maximize Program
Productivity."
TOXIC SUBSTANCES CONTROL ACT (TSCA)
New Chemicals
Under TSCA, OTS reviews new chemicals and imposes controls as necessary to reduce risks. During the
first quarter, OTS received 505 valid new chemical notices; there were 354 Premanufacture Notices (PMNs)
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and 151 exemption applications. OTS took 40 control actions during first quarter thirty were PMNs with
consent orders issued under Section 5(e), 9 were PMNs withdrawn in the face of regulatory action, and 1
was a denied application for a low volume exemption.
These measures relate directly to the SP objective, "Review all new chemicals and apply risk management
as necessary to prevent unreasonable risk," falling under the program goal, "Prevent or Eliminate
Unreasonable Risk."
Existing Chemicals
Under TSCA, OTS ensures that chemicals in commerce do not present an "unreasonable risk of injury to
health or the environment" No existing chemical risk management decisions were made during first quarter
of FY 1991.
Over the year, this measure will track the SP objective, "Increase the speed and efficiency of data gathering
and review of existing chemicals; increase the rate at which risk management decisions are made for risky
chemicals," that appears under the program goal, "Maximize Program Productivity."
REGIONAL INITIATIVES AND OUTREACH ACTIVITIES
The objective of this measure is to highlight Regional outreach efforts and to provide a forum for reporting
innovative Regional projects. First quarter Regional reports include: a Region I workshop (co-sponsored
by industry and OAR) regarding alternatives to ozone depleting solvents; Region n presentations regarding
AHERA inspection and re-inspection; Region III and Region IV Section 313 workshops and seminars; and,
Region VII outreach presentations in four states as part of their Notification and Manifesting Rule Pilot
Outreach Project
If Regions embrace the opportunity inherent in this measure, the resulting information could highlight
OPTS's major FY 1991 program structure modification: "... a shift from being primarily national licensing
programs to being Headquarters/Regional/State programs...." Activity reported under this measure could
provide feedback toward a variety of the SP objectives under each of OTS's program goals.
OFFICE OF PESTICIDE PROGRAMS
STATE AND REGIONAL ENHANCEMENT
A goal of OPP's 1993-1996 Strategy is to enhance Regional and State capacity. The primary objective
under this goal is decentralization of program activities that directly impact Regions and States (including
territories and tribes). The Program Office, coordinating with the Regions, has developed a series of
activity measures showing progress toward achieving this objective. These measures address the worker
exposure, groundwater protection, and endangered species protection strategies.
Certification and Training
The successful implementation of Regional and State programs relies on training. Regions report the
incorporation of new and updated state training materials and competency standards for their Groundwater
and Endangered Species Programs. During the first quarter, Regional Offices reported that 45 groundwater
and 36 endangered species programs were revised.
Groundwater Protection
Regions reported 30 States developing generic Pesticide and Groundwater State Management Plans.
Thirty-three States have identified sensitive or priority groundwater areas within their jurisdiction and, of
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these, six States are implementing Best Management Practices to prevent contamination of those vulnerable
areas. Twenty-five States have adopted Federal Groundwater Reference points or more stringent standards.
Endangered Species Protection
Regional Offices report that 54 States have accepted Federal base funding to conduct an endangered species
program or are conducting an approved program with their own funding. Of these, Regions II, IV, VI, and
VIII are conducting approved endangered species pilot programs.
Pesticide Worker Protection
Regional Offices report that S3 States have accepted Federal base funding to conduct worker protection
programs. Nine States have identified labor organizations or clinics that are willing to work on outreach
and education activities and provide information regarding unnecessary exposure to workers; five of these
States have begun implementing those plans which include outreach, education, and communication.
PESTICIDE REGISTRATION ACTIVITIES
Major goals in OPP's SP are risk reduction and food safety through ongoing review of old chemicals and
the registration of new and safer pesticides.
Registration Applications
First quarter, the following final decisions were made to register a new chemical or biplogicals, or to amend
or add a new use for an existing chemical: Registration of 2 new active ingredients (biochemicals) meeting
the target of 2; 5 new use final decisions against a target of 10; 733 amended registration final decisions
exceeded the target of 550; and, 506 old chemical final decisions exceeded the target of 340.
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 use).
During first quarter, OPP made 36 final decisions (31 issued and 5 denied) against a target of 40.
Pesticide Tolerance Petitions
A tolerance petition decision applies to all requests for a tolerance level or exemption from requirement of a
tolerance level for pesticide residue in or on raw agricultural commodities, processed foods and minor uses;
OPP made final decisions on 5 tolerance petitions against a target of 10.
Pesticide Special Reviews
A Special Review is a review of an active ingredient for which data indicate a potential for unreasonable
adverse effects on public health or the environment. OPP missed its target of one.
PESTICIDE REREGISTRATION ACTIVITIES
In 1988 the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) was amended. These
amendments mandated an accelerated reregistration process for currently registered pesticides, and that this
process be carried put in five phases over a nine year period. OPFs reregistration activities are an integral
part of the SP objectives of food safety, worker protection, reduction of ecological and human risks,
protection of endangered species and their habitats, and pollution prevention.
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Comprehensive Data-Call-ins (DCIs)
As pan of the reregistration process, pesticide usage data are evaluated to determine what data are required
to support reregistration. If data requirements have not been satisfied with scientifically accepted studies, a
DCI is issued to require their submission. During the first quarter OPTS completed 7 DCIs; 4 mailed to
affected registrants and 3 sent to the Office of Management and Budget for clearance.
Reregistration Eligibility Decisions/Documents (REDs)
The reregistration process requires a determination of reregistration eligibility for each pesticide chemical
case that has satisfied all FIFRA, Section 4(g)(2)(A) requirements (currently numbering 409 chemical
cases). Two REDs were issued first quarter meeting the target of two.
REDs ISSUED FIRST QUARTER, FY 1991
Chemical Case
ALIETTE
HELIOTHIS NPV
\
Active
Ingredients
(total #)
1
1
Products
Affected
(total #)
1
1
Food Uses
b = bearing
nb = non-bearing
almonds (nb), asparagus,
avocadoes (nb), ginseng,
canberries, pome fruit (nb)
stone fruit (nb), pineapples
citrus fruit (b & nb)
peanuts, sorghum
soybeans, tomatoes,
com, lettuce, beans
strawberries
OFFICE OF COMPLIANCE MONITORING
INTRODUCTION
The goals of the OPTS enforcement program are: to focus enforcement actions on cases and violators that
represent the greatest potential threat to health and the environment; increase and improve enforcement
coordination with other Federal programs and States; focus on full compliance of Federal facilities; develop
an effective export and/or import strategy for existing chemicals; and ensure prompt and adequate disposal
of chemicals.
Environmentally Beneficial Expenditures (EBEs)
This new OPTS measure applies to TSCA, EPCRA and FIFRA. In this measure the regions are to specify,
on a cumulative basis, the number of cases closed containing one or more Environmentally Beneficial
Expenditures (EBE). This is an expenditure the violator incurs beyond the cost of returning to compliance
that the participants in the case settlement expect will provide an immediate or future environmental benefit
10
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The Enforcement Strategy discusses the issue of environmentally beneficial expenditures in detail. In the FIFRA
program, administrative civil penalties can be settled for significantly reduced amounts in exchange for
environmentally beneficial activities to be conducted by the respondent, including pollution prevention projects.
The Strategy further discusses conditional settlements under TSCA in the PCB program. Under this program,
environmentally beneficial expenditures can be use to mitigate penalties. This effort not only benefits the
environment but also increases awareness of the issue among the regulated community, thus encouraging
compliance.
New Enforcement Initiatives
This new measure applies to TSCA. This measure is to list on a cummulative basis, for the Hexavalent/Chromium
and Asbestos Ban and Phase Out initiatives, the number of inspections conducted and the number of inspections
found in violation.
As stated in the FY1991 Agency Operating Guidance, FY1991 will represent the first full year of the hexavalent
chromium program. This rule under TSCA section 6, prohibits the use of hexavalent chromium-based water
treatment chemicals in comfort cooling towers (CCTs) and the distribution in commerce of such chemicals for
use in CCTs. EPA will focus its compliance effort on identifying the following: use violations, distribution
violations, labeling violations, reporting failures, recordkeeping violations, and export notification violations.
Significant Non Compliance (SNC)
Timely & Appropriate (T&A) SNC case issuance is tracked for Pre-FY 1991 and FY 1991 SNC's. Each region
has its own percentage target The T&A case issuance is to issue enforcement actions within 180 days of
inspection. Under TSCA the target is only for PCB, AHERA and Asbestos Worker Protection.
FIFRA ACTIVITIES
FIFRA Inspections and Compliance Levels
State Enforcement Data: In the fourth quarter
of 1990, the states completed 27,149 FIFRA
use and restricted use pesticide dealer inspec-
tions, completing 181% of their state grant
targets. The states reported taking 6,937 en-
forcement actions in the fourth quarter repre-
senting a violation rate of 27% for "use" in-
spections. In the fourth quarter of 1989, the
states completed27,392 inspections, with 7010
enforcement actions taken and a violation rate
of 26%
Use Inspection Levels
(fourth quarter lagged data)
IX
Federal Enforcement Data: In the first quarter of FY 1991. Regions VTJ and Vm. with non-delegated programs.
completed a total of 76 use and restricted use dealer inspections, achieving 211% of their target
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Addressing FIFRA Significant Noncompliance
At the beginning of the first quarter of FY 91, ten FIFRA violations were outstanding for Pre-FY 1991
SNC's. By the end of the first quarter, all ten were issued and one closed for Pre-FY 1991 SNC's. For
FY 1991 SNCs two were detected and none were issued or closed.
FIFRA Enforcement
The Regions issued 103 administrative complaints in FY 1991. In the first quarter of FY 1991, one criminal
case was referred to DOJ.
TSCA ACTIVITIES
TSCA Inspections and Compliance Levels
The Regions and Headquarters completed 316 TSCA compliance inspections, 119% of their first quarter
FY 1991 target States with inspection grants conducted 337 inspections, or 63% of the states' first quarter
target A total of 653 inspections were completed through me first quarter.
Under TSCA New Enforcement Initiatives, 14 Hexavalent Chromium inspections were conducted and no
violations were detected.
Response to TSCA Significant Noncompliance
At the beginning of the first quarter of FY 1991, the regions had 333 violations outstanding for Pre-FY 1991
SNCs. By the end of the first quarter, 287 actions were issued and 24 cases closed for Pre-FY 1991
SNCs. Twenty-five violations were detected, 12 actions issued, and 1 case closed for FY 1990 SNCs.
At the beginning of the first quarter of FY 1991, for Federal Facilities the regions had 32 violations
outstanding for Pre-FY 1991 SNCs. By the end of the first quarter, 32 actions were issued and 11 cases
closed for Pre-FY 1991 SNCs. Three violations were detected, and one case closed for FY 1991 SNCs.
TSCA Enforcement
In the first quarter of FY 1991, the Regions issued 86 administrative complaints. Two TSCA civil cases
were referred to DOJ during the first quarter.
EPCRA ACTIVITIES
EPCRA Inspections and Compliance Levels
In the first quarter of FY 1991, the Regions completed 109 EPCRA inspections or 83% of their target
Response to EPCRA Significant Noncompliance
At the beginning of the first quarter of FY 1991, ten EPCRA violations were outstanding for Pre-FY 1991
SNCs. By the end of the first quarter, ten actions were taken and one case closed for Pre-FY 1991 SNCs.
Two violations were detected and none issued or closed for FY 1991 SNCs.
EPCRA Enforcement
During the first quarter, 50 administrative complaints were issued by the region. No civil or criminal cases
were issued.
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OFFICE OF SOLID WASTE AND EMERGENCY RESPONSE
INTRODUCTION
The mission of the Office of Solid Waste and Emergency Response is to protect human health and the
environment from unacceptable risks posed by solid and hazardous wastes as well as the release of
petroleum and chemicals. OSWER's strategic plan outlines four major program objectives to accomplish
this: waste minimization, environmentally sound waste management, preventing harmful releases, and
preparing for and respond to hazardous releases.
Activities are carried out in the traditional program areas: RCRA, Underground Storage Tanks (UST),
Superfund, and Chemical Emergency Preparedness and Prevention (CEPP). The FY 1991 Agency
Operating Guidance follows this programmatic approach with STARS measures to track specific steps to
carry out procedures or enforce provisions. OSWER's progress toward meeting priorities is assessed
quarterly through national STARS activity measures.
THE RCRA PROGRAM
RCRA PERMITS AND CLOSURES
The OSWER strategic plan calls for waste minimization and environmentally sound waste management
This echoes the goals of the Resource Conservation and Recovery Act (RCRA) program to protect human
health and the environment through sound waste management practices and the conservation of materials
and resources. The RCRA program promotes waste minimization through the development of strategies
including public education, technical assistance, and economic incentives.
The RCRA program carries out environmentally sound waste management of active waste disposal sites
through permits to owners/operators to manage their facilities in an environmentally sound way, closes sites
that do not meet permit requirements, and provides post-closure monitoring and reporting for a 30-year
period. Environmentally sound management of these sites is enhanced through modifications to existing 10-
year permits. The Regions and states have the responsibility to develop a mix of activities that address the
environmentally significant waste handlers and maintain a balance between prevention and cleanup.
There were 4493 RCRA-regulated hazardous waste treatment, storage, and disposal facilities tracked in the
RCRA national hazardous waste data systems as of December 30,1990. The national RCRA program
guidance has placed emphasis on completing permit determinations (issued or denied) and closure actions at
environmentally significant facilities, issuing post-closure permits, and processing permit modifications.
The RCRA program has targeted the following management activities in STARS for FY 1991:
FIRST QUARTER
ACTUAL TARGET BOY
STORAGE/TREATMENT FINAL PERMTT DETERMINATION 13 20 130
INCINERATOR CLOSUREPLANS APPROVED 20 2
lJ^NDDISPC>SALFACILrrYC3X»SURE PLANS APPROVED 9 1 47
LAND DISPOSAL FAOLnY POST-CLOSURE PERMIT ISSUED 56 52
o The program issued 15 significant permit modifications issued during the first quarter.
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RCRA ENFORCEMENT
In FY 1991, the RCRA program will focus on enforcing requirements in permits and closure plans,
requiring and enforcing corrective action in permits and orders, and enforcing other major Hazardous and
Solid Waste Act (HSWA) requirements, including the land disposal restrictions and corrective action
requirements.
RCRA Enforcement will target generators and non-notifiers, as well as their traditional emphasis on
treatment/storage/disposal facilities (TSDFs). Priority enforcement attention will be paid to violations,
releases, and threatened releases that involve: (1) Commercial facilities receiving wastes classified under
CERCLA; (2) land disposal facilities that place hazardous waste in surface impoundments not meeting
requirements; (3) TSDFs for violations of land disposal restrictions or corrective action requirements; and
(4) federal facilities.
The Agency will emphasize innovative enforcement techniques and pollution prevention by examining the
role inspectors may play in disseminating technical information, verifying the receipt and quality of waste
minimization reports, and in RCRA settlements. EPA will seek higher penalties and make greater use of
economic sanctions. Development and prosecution of criminal cases remain a high priority.
Inspections
During the first quarter, both EPA and the states performed well on yearly inspections targets for land
disposal facilities (167 against a target of 145 (115%)); for treatment, storage and disposal facilities (224
against 193 (116%)) and for federal, state and local treatment, storage and disposal facilities (45 against 41
(110%)).
Addressing Significant Noncompliance
The RCRA program reported 53 treatment, storage and disposal facilities (TSDFs) in significant
noncompliance (SNQ at the end of the first quarter. None of the 53 TSDFs had been addressed by a
formal enforcement action.
Return to Compliance
Several new measures were added for FY 1991 to track the number of facilities in SNC returned to
compliance. As of October 1,1990, there were 538 facilities in SNC as a result of an inspection conducted
prior to October 1,1988. By the end of the first quarter, only one SNC facility had returned to compliance
with all the violations that caused it to be in SNC. One SNC facility was currently undergoing legal
proceedings and four had formal final enforcement actions and are on compliance schedules (all four are
complying with their schedules).
Federal Facility Enforcement
At the end of the first quarter, 34 federally owned or operated TSDFs were in SNC. Twenty-three had been
addressed with one or more initial enforcement actions, but had not returned to compliance.
Enforcement Activity
During the first quarter, EPA referred 4 RCRA civil and 6 criminal cases to the U.S. Department of Justice
compared to 1 civil case and 3 criminal cases for the same period last year. The states filed 15 civil cases
against Subtitle C handlers compared to none for the same period last year. EPA issued 59 formal
administrative actions compared to 39 for the same period last year. The states issued 183 administrative
actions compared to 181 this time last year.
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RCRA CORRECTIVE ACTION
OSWER responds to potential or actual risks from
storage or waste sites through RCRA Corrective
Action (active waste sites), the Leaking
Underground Storage Tank (LUST) program, and
Superfund (inactive waste sites), with priority on
the worst sites and worst problems. To improve
the identification and remediation of hazardous
waste sites, the OSWER strategic plan includes the
development of a RCRA site stabilization strategy.
development of owner/operator performance
standards, and integration of cleanup programs.
The RCRA Corrective Action program initiates
owner/operator activity through permits and
enforcement orders for corrective action of releases
of hazardous wastes. The program also oversees
owner/operator activities in order to assure timely
and effective cleanup according to the terms of
facility permits and orders.
79 RCRA Facilities Have Been Determined To Pose
Significant Risks Requiring Interim Measures
Source: Hazardous Waste Data Management System
(HWDMS) as of 12/3/90
STARS tracks the principal stages of the Corrective Action process, including information collection and
study, remedy development and selection, and remedy implementation, as well as interim measures that
address immediate risks posed by potential or actual releases. Under the Environmental Priorities Initiative
(EPI) some RCRA sites are evaluated under the Superfund Preliminary Assessment (PA) process.
o In first quarter, Regions reported that the information collection and study stage was started at 24
facilities. This stage is targeted nationally for 83 facilities in second quarter and 197 by the end of
the year. RCRA also reported that interim measures were required at three facilities, and RCRA
Facility Assessments (RFAs) were completed at four facilities.
OFFICE OF UNDERGROUND STORAGE TANKS
The Office of Underground Storage Tanks mission is to protect human health and the environment by
protecting surface and ground water quality against contamination and preventing human exposure to
carcinogenic or explosive vapors from underground storage tanks (USTs).
The priority activities to accomplish these goals are: 1) develop state UST regulatory programs; 2) develop
systems to assure that funding is available for corrective action; 3) evaluate and improve performance in
both the prevention and correction programs; and 4) establish a national communication network to enhance
prevention and correction programs. STARS tracks three significant UST trends related to these priorities:
o The number of states authorized to implement their own UST program: To date, six states have
submitted complete applications for state program approval; of these. New Mexico and Georgia
have authorized programs.
o The percentage of response actions taken by responsible parties: To date, 97% of all corrective
action has been funded by responsible parties.
o The number of sites achieving permanent risk reduction. As of the end of first quarter FY 1991,
19,420 site cleanups have been completed (33% of site cleanups that have been initiated).
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SUPERFUND
The OSWER strategic plan outlines several key objectives for Superfund, such as improving site
identification and long-term remediation, increasing use of innovative technology, and building state-run
programs.
In FY 1991 STARS will track the fundamental stages in the remedial pipeline, from Site Investigation
through Completion of Remediation, with increased emphasis on completion of remedial designs and
remediation projects.
o In the first quarter, Regions completed 18 RODs of a target of 22 (81%), an improvement in
performance as compared to previous first quarters (1987 to 1990). The ROD target for the end of
the year is 180.
o Regions started two remedial actions, against a target of seven (end-of-year target is 45). Regions
also reported the completion of ten remedial actions. Superfund is required under SARA to start an
additional 200 Remedial Action starts from October 1989 to October 1991. In FY 1990 Regions
started 76 RAs.
SUPERFUND ENFORCEMENT
In FY 1991, the Superfund enforcement program will follow an "enforcement first" for both recovery and
response actions before using the Fund, except in emergency situations. Key steps include: (1) Early use
of section 104(e) information requests and enforcement of section 104(e) when necessary; (2) rapid
initiation of remedial investigation/feasibility study (RI/FS) and remedial design/remedial action (RD/RA)
negotiations; (3) use of administrative orders if settlements are not reached, and referral to the Department of
Justice if that order is ignored; and (4) lodging and entering of a consent decree once a settlement is reached.
The Agency will continue to enforce existing administrative orders and consent decrees. To implement this
approach, EPA will increase the use of unilateral administrative orders, particularly for RD/RA. The
Agency also will encourage the increased use of section 122 settlement tools without compromising
environmental goals by establishing guidelines for the use of de minimis and mixed funding authorities.
Top priorities for cost recovery are remedial actions and removal actions valued over $200,000, but the
Agency will continue to pursue certain cases under $200,000 in order to maintain an overall enforcement
presence.
Cost Recovery Referrals
During the first quarter, there were nine section!07 referrals (greater than or equal to $200,000) for
pre-remedial action (against a target of 10). The end of year target is 55. The dollar value of the sectionlO?
referred cases was $15,846,000. The dollar value of cost recovery settlements during the quarter was
$14,354,000. There were four section 106 or 106/107 referrals for RD/RA with settlement (against a target
of nine). The end of year target is 85. In the OE docket, the total number of CERCLA section 107 cost
recovery referrals to DOJ, including those less than $200,000 and/or those involving proof of claim of
bankruptcy issues, was 13 for the first quarter of FY 1991. Overall, there were 19 CERCLA civil referrals
during the first quarter.
Administrative Orders
The Regions issued eight administrative orders on consent for removal, RI/FS, remedial design or cost
recovery. There were 14 unilateral administrative orders issued for removals, RI/FS or RD/RA (in first
quater of last year three UAOs were issued). Overall, there were 33 CERCLA administrative orders issued
in the first quarter of FY 1991.
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Federal Facility Enforcement
There were four Interagency Agreements signed at NPL federal facilities (all in Region X).
SUPERFUND ENVIRONMENTAL PROGRESS
In 1990 Superfund reported on three environmental indicators to show progress toward reducing significant
risks to human health and the environment. Superfund has documented environmental progress at 604
sites: 422 NPL sites and 182 non-NPL sites have had acute threats addressed or are moving toward meeting
long-term cleanup goals.
Acute Threats Addressed
Superfund took immediate action at 538 sites to protect nearby populations and to control the threat of
exposure to contaminants. Responses may have involved a combination of actions (the numbers do not
sum to the number of sites):
SITES
REMOVING. TREATING, OR CONTAINING THE WASTE 416
SITE SECURITY (FENCING, GUARDING) 374
PROVISION OF ALTERNATE WATER SUPPLES 82
POPULATION RELOCATION 33
Achievement of Health and Environmental Goals:
Goals for site cleanup are established in the Record
of Decision (ROD). Superfund reported progress
toward meeting health and environmental goals at
318 sites. There is significant progress toward
cleanup at 251 sites, and cleanup has been initiated at
67 additional sites (see chart; numbers do not sum
due to multiple contamination at any one site).
The Greatest Progress Has Been Made In Permanently
Addressing Land Contamination
Und
ConuiriMBon
Qroundwiwr
ConUirtmdon
Swt*M wow
Centum Mflon
244
274
11 02
Q Pragma tawvd CHanup
• Ctotmip Inltattd
Quantities of Waste Removed from the Environment
Though not a measure of actual risk reduction, quantities handled indicates the magnitude of the Superfund
program.Soils and solid wastes handled so far total over 9 million cubic yards, and liquid wastes total over
1 billion gallons. Groundwater treated to date totals almost 4 billion gallons, and surface water over
100 million gallons.
o In the land pathway, soils and solids were most often contained, and in the water pathways, waters
were almost always pumped and treated. Superfund reports an increasing number of remedies
including treatment, from 50% in 1987 to over 70% in 1989.
(from Superfund: Reporting Progress Through Environmental Indicators, Office of Solid Waste and
Emergency Response, November 1990.)
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EMERGENCY PREPAREDNESS
Under Title ffl of SARA, states and localities are responsible for developing and implementing emergency
planning and response programs that ensure adequate prevention of and preparedness for chemical
emergencies. The Chemical Emergency Preparedness and Prevention (CEPP) program will support state
and local programs and will provide for a national capability for responding when events exceed state and
local capabilities. CEPP also makes available planning information about past emergency activities.
STARS tracks regional assistance to state and localities, and enforcement activities against facilities with
chemical releases. STARS does not track the status of national preparedness to respond to chemical
emergencies.
*
o In the first quarter, Regions assisted states and localities in developing or testing emergency
response plans in 224 instances.
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OFFICE OF WATER
INTRODUCTION
This discussion links water program priorities and themes expressed in the Water Strategic Plan and the
Office of Water FY 1991 Agency Operating Guidance with activity measures that are tracked in STARS.
An overview of performance expectations for the year is presented, as well as significant first quarter
performance highlights. We have followed the design of the strategic plan by presenting themes and
performance by natural resource area.
COASTAL AND MARINE
The goal for this natural resource area is to "protect, restore and maintain the Nation's coastal and marine
waters to sustain living resources, protect human health and the food supply, and recover full recreational
uses of shores, beaches and waters." (OW Strategic Plan)
NEAR COASTAL WATERS PERMITS
This year, EPA is tracking progress in issuing combined sewer overflow and storm water permits in near
coastal waters. Last year, 1,065 major and minor permits were issued to facilities discharging in marine
and estuarine waters. The STARS measure reflects the strategic plan priority to tighten controls on point
source discharges. It is in keeping with the objectives to remove impairments from point sources and to
eliminate the discharge of highly persistent, bioaccumulative pollutants.
CONSTRUCTION GRANTS
This year, construction grant funds to address secondary wastewater treatment needs in Boston Harbor,
San Diego, Seattle, New York, Los Angeles and the international treatment plant at Tijuana, Mexico will
have a significant positive effect on coastal water quality.
OCEAN DUMPING
OW identified ocean dumping of dredged material as a leading risk to coastal water quality in their strategic
plan. There are 110 ocean sites which must be considered for dumping dredged material. EPA takes final
action on a site in order to determine if the site will be designated or not In FY 1991, EPA is committed to
completing 10 final actions, which are tracked in STARS. To date, 47 ocean dumping sites out of a
universe of 150 sites have been designated on a final basis in 12 out of the 28 coastal states.
NATIONAL ESTUARY PROGRAM
There is a new measure in STARS to track progress in developing the Comprehensive Conservation and
Management Plans for the National Estuary Program. Implementation of the Comprehensive Conservation
and Management Plans is a key priority of the strategic plan, and its focus on state and local government
involvement is a major theme of the Agency Operating Guidance. Reporting in STARS is limited to the
fourth quarter.
LAKES, RIVERS AND STREAMS
The Water Strategic Plan outlines similar risk reduction objectives for these natural resource areas. The
Agency Operating Guidance and accompanying STARS measures support objectives to target watersheds;
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reduce threats from nonpoint sources runoff; eliminate impairments due to point sources of toxics,
ammonia, chlorine and whole effluent toxicity; and eliminate discharges of highly persistent,
bioaccumulative pollutants.
NPDES PERMITS
The NPDES permit program is the key implementation tool for limiting point source discharges "to
improve/protect water quality. The permit program has evolved from dealing with conventional pollutants
to dealing with more complex pollutants such as toxics and non-traditional pollution sources such as
combined sewer overflows and storm water.
EPA reissued permits to 25 out of the 32 targeted facilities in the first quarter. Delegated state performance
for majors repermitted is 132 out of the original end of quarter target of 316. This original target of 316
has been changed to reflect recent negotiations and resolutions of targets discrepancies with Region III.
The new target for the first quarter is 243; thereby delegated state performance is 54% of this new target.
There are two other Regions for which targets are still being negotiated.
STARS also tracks the number of permits reissued or modified with water quality-based limits for toxics.
Water quality-based limits ensure that a discharge does not violate state water quality standards and
therefore protect against adverse impacts to aquatic life and human health. This quarter, EPA and the states
reissued 148 water quality-based permits.
NONPOINT SOURCES
The objective to reduce threats and impairments from nonpoint sources appears in almost every natural
resource area of the water strategic plan. The Nonpoint Sources Agenda for the Future (January 1989)
clearly states the goal of the nonpoint source program: "To protect and restore designated uses of the
nation's waters by providing strong leadership...and by helping States and local governments overcome
barriers to successful implementation of NPS measures." State NPS Management Programs are the
cornerstone of the EPA effort to reach this goal. In the second and fourth quarters of FY 1991, STARS
tracks the implementation of NPS programs.
TOXICS CRITERIA
Section 303(c)(2)(B) of the CWA calls for criteria to address and control toxic pollutants in surface waters.
There are 20 states in full compliance with this section. OW will promulgate Federal Water Quality criteria
for states not in compliance. The proposed rule is planned for June 1991. Progress in state adoption of
human health and aquatic life criteria is tracked in STARS during the second and fourth quarters.
CONSTRUCTION GRANTS
A STARS measure was added this year to assess progress in phasing down the construction grant
program. The majority of Regions performed over target in the first quarter. Grant and SRF outlays are
proceeding at 99% of target, but administrative completions are falling behind, at 59% of target
AUDITS AND INSPECTIONS
Pretreatment audit and inspection programs assure that POTWs implement and enforce controls needed to
protect human health and the environment from conventional and toxic pollutants and hazardous wastes.
This quarter, the number of audits of approved pretreatment programs exceeded expectations for both the
Regions and delegated states. EPA audited 12 programs.against a target of 10; delegated states audited 35
against a target of 24. These audits ensure program effectiveness and by law must be done once every five
years. In the first quarter, EPA also performed 27 inspections against a target of 42; the states did 127
against a target of 146.
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NPDES ENFORCEMENT
The NPDES program is shifting emphasis from construction of POTWs to improving compliance of
completed facilities with final effluent limits. POTW noncompliance will be identified and resolved through
diagnostic inspections and the use of corrective action plans utilizing §308 letters, administrative orders, or
judicial actions.
Of the 7,141 total major NPDES facilities, 931 or 13% (389 non-municipals + 519 municipals + 23 federal
facilities) were in Significant Non-Cpmpliance (SNQ during the first quarter (down from 973 last quarter).
Region II accounts for over one-third of the national total, in large pan due to a SNC definition issue
between the Region and Headquarters.
Last quarter's exception list contained 153 major facilities (47 nonmunicipal, 103 municipal, and 3 federal).
During the first quarter, 68 returned to compliance (25 nonmunicipal, 41 municipal, and 2 federal), and 23
were subject to enforcement action (4 nonmunicipal, 18 municipal, and 1 federal). The remaining 62
unresolved facilities (18 nonmunicipal, 44 municipal, and no federal) plus 68 new SNCs added as
exceptions during the quarter (25 nonmunicipal, 42 municipal, and 1 federal) constitute the pending balance
of 130 facilities.
During the first quarter, EPA issued 278 administrative compliance orders, including 13 for failure to
implement a pretreatment program and 26 proposed penalty orders for NPDES violations. States issued
181 orders, including 17 penalty orders.
Regions referred eight NPDES civil cases to DOJ during the first quarter, while States referred 17 cases to
their State Attorney Generals, filed 14 in State court and concluded 18 cases.
WETLANDS
In support of the goal of no-net-loss, the wetlands program vigorously enforces Section 404 of the Clean
Water Act and uses State-wide inventories, advanced identifications, ecosystem initiatives and other
strategic initiatives to focus protection efforts at the Federal, state and local level.
SECTION 404 ENFORCEMENT
The wetlands compliance program will continue to place a high priority on enforcing against unpermitted
discharges. A national enforcement initiative is being developed for FY 1991, utilizing civil and criminal
enforcement authorities to create an appropriate deterrent atmosphere.
For enforcement, the STARS management system tracks the number of administrative orders,
administrative penalties, civil referrals, criminal referrals and cases resolved. In the first quarter, 64 cases
were resolved, compared to 48 in the first quarter of last year.
STRATEGIC INITIATIVES
STARS data show that in FY 1991 the start up of 11 initiatives, including four advanced identifications, are
planned. To date, 20 initiatives have been completed; and an additional 18 are scheduled for completion
this fiscal year. In the first quarter, Region X completed one advanced identification for the Columbia
South Shore in Portland, Oregon. Nationally, we have now completed 11 advanced identifications.
GROUND WATER
The overall goal of EPA's ground water program is to prevent adverse effects to human health and the
environment and to protect the environmental integrity of this natural resource. The strategic plan focuses
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on increasing state/tribal and local capacity to prevent contamination by means of a variety of technical,
educational, planning and enforcement mechanisms.
STATE GROUNDWATER PROTECTION PROGRAMS
The FY 1991 AOG priority to assist states in their development and implementation of comprehensive
groundwater protection programs mirrors the strategic planning goal to build state capacity. Two new
grouhdwater measures have been added to STARS: completed state groundwater protection profiles; and
comprehensive state groundwater protection program submittals. The Regions are targeted in STARS to
complete state profiles of groundwater protection strategies and implementation activities in FY 1991 for all
states in by third quarter. There are no targets for comprehensive state ground-water protection program
submittals for FY 1991. More significantly, continuing delays in OMB's review of the EPA Ground-Water
Task Force Report, which outlines the Agency's ground-water protection criteriea for State programs, have
eliminated the Office of Water's earlier expectations for submittals in this fiscal year.
WELLHEAD PROTECTION PROGRAM
FY 1991 AOG and strategic plan priorities support continued development and implementation of state
wellhead protection programs. This program is a key pollution prevention activity. It is expected that each
Region will work to increase the number of states with approved WHP programs. At least seven state
programs will be submitted or re-submitted for approval in FY 1991. STARS targets 13 states for wellhead
protection program approval in FY 1991.
DRINKING WATER
The goal of the strategic plan is to ensure that drinking water is of sufficient quality to protect human
health. To this end, strategic objectives of reducing population exposures to designated contaminants,
strengthening state capacity to adopt and implement drinking water requirements, and public education have
been identified. Progress toward meeting these objectives through the FY 1991 Agency Operating
Guidance initiatives and STARS data is outlined below.
UNDERGROUND INJECTION CONTROL
The strategic plan identifies management of Class IV and V wells as the major undertaking of the UIC
program with the ultimate goal of eliminating identified Class IV and known endangering Class V wells by
1995. To this end, in FY 1991, the program will propose comprehensive regulations for Class V wells and
continue the identification and closure to Class IV wells.
For the past several years, the UIC program has focused on inspection and review of aging Class n wells.
This universe is now considered to have been brought up to standard, and STARS measures now target
compliance and enforcement priorities. These measures support the FY 1991 AOG emphasis on
enforcement, and the strategic plan key directions to increase enforcement activity at the state and Federal
levels to maintain high compliance.
Beginning this quarter four fewer UIC STARS measures are included in the system. These changes reflect
UICs emphasis on enforcement and should improve reporting timeliness and quality feedback. In
addition, all UIC measures are reported now in real time.
UIC ENFORCEMENT
The FY 1991 enforcement priorities include violations occurring at Class I and IV wells, implementation
and enforcement of hazardous waste restrictions promulgated under HSWA, and implementation of a
strategy for Class V wells. UIC violations such as false reporting, fraud, and injections that continue after
being prohibited will be candidates for criminal enforcement investigations.
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Field inspections, MTTs and self-reporting during first quarter have identified 489 wells as being in SNC
(287 by the States and 202 by EPA). At this time last year, 868 wells were identified as being in SNC (712
by the States and 156 by EPA).
ODW reported 588 wells on the exceptions list at the beginning of the quarter. Of these wells, 98 returned
to compliance and 52 were subject to an enforcement action. The remaining 408 wells plus 3 wells coming
onto the exceptions list during the first quarter constitute a new pending balance of 411 wells being
addressed.
Through the first quarter, EPA proposed 21 administrative orders and referred civil judicial cases to DOJ.
States issued 151 final administrative orders.
PUBLIC WATER SYSTEMS SUPERVISION STRATEGY
Strategic plan objectives for Mobilization Strategy implementation, National Primary Drinking Water
Standards (NPDWS) compliance and building state capacity have high priority on the FY 1991 agenda.
Headquarters has initiated use of the new definition of significant noncomplier (SNC). The concept of
SNC now prioritizes violations by threat to human health and is intended to identify the worst offenders
against which EPA and states should target their enforcement resources. Further, OW has developed a
model for escalating responses to violations of the regulations.
First quarter STARS data reflect two system changes. The new definition is more stringent and is now
being applied consistently across all Regions. Second, the definition now includes Nontransient
Noncommunity Water Systems (NTNCWS). Consequently, STARS reports Community Water Systems
(CWS) and NTNCWS in a single measure. As in prior years, SNC and enforcement data are reported on a
one quarter lag basis.
As a result of these changes, first quarter data for the number of microbioligical/turbidity SNCs show a
significant increase over that reported in prior quarters. Due to mandatory waiting periods, reporting under
the new definition for chm/rad SNCs will not be reflected in STARS until second quarter of FY 1991.
PUBLIC WATER SYSTEMS SUPERVISION ENFORCEMENT
Enforcement priorities for FY 1991 will emphasize measured reductions in microbiologicalAurbidity/TTHM
SNCs, and on CWSs that have failed to comply with requirements set in past enforcement actions.
FY 1990 fourth quarter EPA performance included issuance of 63 NOVs, 140 proposed administrative
orders, 50 final administrative orders, and 5 complaints for penalty. States issued 241 administrative
compliance orders, referred 45 civil cases and filed 30 civil cases.
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OFFICE OF ENFORCEMENT
OFFICE OF CIVIL ENFORCEMENT
CIVIL ENFORCEMENT
The Office of Enforcement (OE) reviewed and forwarded to the Department of Justice (DOT) six consent
decrees during the first quarter of FY 1991. The average review time for these consent decrees was 23
days. The reviews ranged from two to 56 days.
CIVIL REFERRAL ACTIVITY
The Regional Offices referred 42 new cases directly to the DOJ in the first quarter of FY 1991. Three new
cases were referred to Headquarters. The Regions opened ten new pre-referral negotiation cases. No
consent decree enforcement cases were initiated during the first quarter.
FOLLOW-THROUGH ON ACTIVE CIVIL CASE DOCKET
Active pre-FY 1991 civil cases are those which were active (not concluded) at the start of FY 1991 per the
docket. At the beginning of FY 1991 there are 1,021 active pre-FY 1991 civil cases. Of these, 377 were
pending at the DOJ; 51 were returned to the Regions, six had been concluded before filing; 560 were filed
in court, and 27 were concluded after filing. Of the 1,021 cases, 279 have been ongoing for more than two
years since being filed.
There were 50 new FY 1991 referrals on active civil cases referred to the DOJ in first quarter. The 50 cases
had the following status: 44 were pending at the Department of Justice; five were filed in court, and one
was concluded after filing.
CONSENT DECREE TRACKING
The Regions report there were 654 active consent decrees at the end of the first quarter of FY 1991. Of
these 654,503 (77%) were reported in compliance. One year ago there were 599 active consent decrees, of
which 479 (80%) were in compliance.
At the end of first quarter, 140 consent decrees were reported in violation. Of these: 75 had a contempt
action, a decree modification referred, or a stipulated penalty collected; 46 had formal enforcement action
planned, but not commenced; 19 had no formal enforcement action planned or deemed necessary. Eleven
were unknown or not reported.
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OFFICE OF CRIMINAL ENFORCEMENT
CRIMINAL REFERRAL ACTIVITY
There were 35 new criminal investigations opened in first quarter of FY 1991 compared to 27 during first
quarter of last year. Of the 35 opened during first quarter, 18 had CERCLA aspects. There were 218 open
investigations at the end of the first quarter compared to 195 at the end of first quarter last year. Eighteen
investigations were closed prior to referral to the Office of Criminal Enforcement (OCE).
The Regions referred 20 new cases to Headquarters and 16 cases were referred from OCE to the DOJ. A
year ago the Regions referred 16 cases to Headquarters and 10 were referred from OE to DOJ.
FOLLOW-THROUGH ON ACTIVE CRIMINAL CASE DOCKET
There were 126 active pre-FY 1991 criminal cases (referred before 10/1/90), compared to 106 a year ago.
At the close of the first quarter, 14 were under review by the DOJ; 53 were under grand jury investigation;
49 had charged filed; five had been closed following prosecution; and five had been closed without
prosecution.
Sixteen new criminal cases were referred to the Department of Justice the first quarter, compared to 10 a
year ago. Three (19%) were under review by the DOJ; 11 (69%) were under grand jury investigation; one
(6%) had charges filed; and one was closed without prosecution.
NUMBER OF NEW CRIMINAL REFERRALS TO EPA-OCEC
(FIRST QUARTER, FY 1991)
CLEAN CLEAN
RCRA AIR WATER FIFRA TSCA CERCLA
TOTAL
REGION!
REGION II
REGION III
REGION IV
REGION V
REGION VI
REGION VII
REGION VIII
REGION DC
REGION X
NEC
TOTAL
0
0
0
3
0
1
1
2
0
0
0
7
0
0
2
0
1
0
0
0
0
0
0
3
1
1
1
1
0
1
0
0
1
1
0
7
0
0
0
0
0
1
0
0
0
0
0
1
0
0
0
0
0
0
0
0
1
0
0
1
0
0
0
0
1
0
0
0
0
0
0
1
1
1
3
4
2
3
1
2
2
1
0
20
25
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THE GREAT LAKES
THE GREAT LAKES BASIN
The Great Lakes basin of 300,000 square miles includes the five Great Lakes (Superior, Michigan, Huron, Erie,
and Ontario), connecting channels, and the land area in the watershed. The watershed is one-third covered by
water, which constitutes 95% of the U.S. surface water supply.
STRATEGIC PLANNING AND STARS MEASURES
i
In June 1990, EPA's Administrator asked fora concerted multi-media approach toward achieving goals to protect
human health and the environment in the Great Lakes basin to serve as an example for the nation. The Great Lakes
program and Regions II, in, and V immediately started work on a five year strategic plan to integrate the ongoing
Regional base programs with the Great Lakes developmental programs. This draft strategic plan will be completed
during FY1991. Meanwhile, the Great Lakes FY1991 Action Plan, started at the same time as and in conjunction
with the strategic plan, was finalized in January 1991. This year, STARS will track activities in the FY 1991 Action
Plaa During this year, additional STARS measures will be developed to track an integrated multi-media program
for FY 1992.
RISKS IN THE GREAT LAKES BASIN
Risks to human health and the environment in the Great Lakes basin come from two source types. One is the human
population centers with fixed point sources generating pollutants to air, water, and land. Another is areal sources
within or outside the basin which generate pollutants to air, water, and land within the basin. Below are examples.
AIR Selected Air Emissions
The Toxic Release Inventory (TRI) of chemicals re- Motor vehicle Manuf.
leased to all media show they are primarily released to steel MM and coke li§§§§§§| • Benzene
airoraretransferredoff-site. Facilityairemissionsare baaaamLi Q Lead
largely centered in industrial areas in the basin. Two Motne sources E£ra8raa
examples are trichloroethylene concentrated in the {Amoa
Chicago, Buffalo, and Rochester areas; and lead in the
Oshkosh and Cleveland areas. Mobile sources are other industrial
even larger contributors than fixed point sources. other Area sources
1234
Thousands of Tons per Year
WATER
Water quality sampling since 1980 shows that PCB concentrations vary considerably in Lake Superior and are
increasing in Lake Erie. Fish contamination studies show dioxin/furan, hexachlorobenzene and trichlorobenzene
risks are related largely to the location of human population centers around the shores of the Great Lakes.
Contaminated sediments have been identified in 42 areas of concern near urban areas. Major water dischargers
are concentrated in the large urban areas with the exception of Illinois, which has diverted discharges from the
Great Lakes to the Illinois and Mississippi Rivers.
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LAND
Agriculture is a major land use throughout the basin, particularly the southern half. The most intensive row
crop cultivation, which contributes to the heaviest nutrient and pesticide loadings, is concentrated around
western Lake Erie and Saginaw Bay in Lake Huron.
>
Hazardous and solid waste generation and its storage, treatment and disposal are centered in the large
industrial centers. Detroit has one of the largest hazardous waste treatment, storage, disposal or recycling
facilities and landfills in the natioa Three basin states (Illinois, Michigan, and Ohio) are among the highest
municipal solid waste generators per capita in the natioa
THE FY 1991 ACTION PLAN
The FY 1991 Action Plan guides the transition from traditional regulatory programs for specific media to a
more holistic, integrated approach to ecosystem management It includes two fundamental objectives:
o Reduce toxics, i.e. prevent and reduce the release and deposition of harmful toxic pollutants from all
sources into the Great Lakes ecosystem, and remediate in-place toxic pollutants; and
o Restore habitats and protect species, i.e. provide for the further recovery of native species, and enhance
the biological diversity and stability of the Great Lakes basin through habitat restoration and species
protectioa
KEY ACTIVITIES IN SUPPORT OF THE OBJECTIVE TO REDUCE TOXICS:
o Prevention of future discharges of toxic pollutants, with special emphasis on persistent, bioaccumulative
pollutants from all sources;
o Abatement of continuing discharges and emissions of toxic pollutants from all sources; and
o Remediation of in-place sources of toxic pollutants from all sources ("toxic hot spots").
KEY ACTIVITIES IN SUPPORT OF THE OBJECTIVE TO RESTORE HABITATS
AND PROTECT SPECIES:
o Inventory existing aquatic, semi-aquatic, and terrestrial habitats;
o Mobilize binational interagency efforts to protect and manage remaining habitats of importance to plants
and animals, including active support to control the spread of exotic species; and
o Mobilize binational, interagency efforts to mitigate lost habitats and restore remaining habitats.
The FY 1991 Action Plan has 15 elements representing a series of key steps toward an ecosystem approach.
Each of the elements includes one or more of the key activities outlined above. These elements include a
Great Lakes Five Year Strategic Plan to be completed in October 1991, Lakewide Management Plans
(LAMPs) for Lakes Michigan and Ontario, Remedial Action Plans (RAPs) for the 31 US Areas of Concern
(see map next page), and Exotic Species work among others.
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AT»M of Concern In ttwOrMtUkm Basin
PROGRESS
AIR
Section 112(m) of the 1990 CAA Amendments directs EPA to work with NOAA to identify and assess the
extent of atmospheric deposition of hazardous air pollutants to the Great Lakes. OAR and ORD in their
Great Waters study will plan and monitor networks and develop guidance for Regions and States to fill data
gaps, such as in emission inventories.
WATER
The US and Canada cooperate through the International Joint Commission to meet the commitments in the
1987 Great Lakes Water Quality Agreement (GLWQA). The GLWQA specifically calls for identification of
contaminated sediment areas, watershed management for nonpoint source pollution, monitoring airborne
toxics, mapping of contaminated groundwater, and bilateral research. Bans on phosphorous in laundry
products, construction or upgrading of municipal sewage treatment facilities to control phosphorous
discharges from sewage treatment plants, coupled with strict controls on industrial wastewater through
NPDES permits, have largely freed lakes from their phosphorous burden.
28
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Lakewide Management Plans (LAMPs) are being prepared for critical pollutants affecting open waters of the
Lakes, similar to those done to control phosphorous. In developing the Lake Michigan LAMP, a
preliminary list of critical pollutants has been identified in the problem characterization stage, and a core
committee of Regional and State personnel has been formed to help establish the intergovernmental
coordination process. Two important steps that have been taken towards the development of the Lake
Ontario LAMP are: progress towards the identification of use impairments (Canada has the lead) and
progress towards the identification of habitat characteristics impairments and trends (US has the lead).
Remedial Action Plans (RAPs) are being prepared for specific geographic areas of concern where problems
are most severe. The regional allocation of FY 1991 funds to support RAP activities has been received, and
the first meeting of the USEPA/State RAP Policy Guidance Workgroup has been held.
Exotic Species work done so far includes zebra mussel observations conducted in cooperation with the
Coast Guard. Hot water and chlorine have been found to reduce the population of zebra mussels, but both
have limits or side effects reducing their overall effectiveness as a control strategy.
LAND
The 1990 Great Lakes Critical Programs Act included a new section [118(c)(ll)] on Combined Disposal
Facilities. This directs EPA and the Army Corps of Engineers to develop and implement management plans
for every confined disposal facility to include monitoring at the facilities and identifying the anticipated use
and management of the site over the next 20 years, with a schedule for plan review in five year intervals.
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OFFICE OF GENERAL COUNSEL
RECOMMENDATION ON FINAL AGENCY DECISION ON A RCRA OR UIC STATE
AUTHORIZATION APPLICATION
The Office of General Counsel (OGC) has responsibility for concurring on RCRA or UIC State
authorization applications received from a Regional Administrator within 15 days of receipt. OGC must
notify the submitting office of their concurrence or evaluation of deficiencies in the package requiring
correction; negotiate an extension for review with the submitting office reporting progress in meeting the
deadline; or report progress in meeting the deadline and report the number of extensions negotiated. During
first quarter, OGC received one application and concurred on it within the IS day timeframe.
RED BORDER REVIEW
The Office of General Counsel reviewed 24 Red Border packages during the first quarter. Of these, 15
reviews were completed within the three week review period; 6 within the four week review period and 3
were not completed by the end of four weeks. The 3 packages not completed were OSWER packages, of
which 2 related to the new dean Air Act Amendments and required additional time to be reviewed by both
media areas within OGC. The third package required OGC to review a companion package as well, thus
delaying their review.
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