SEPA
United States
Environmental Protection
Agency
Office of
The Administrator
(PM-222A)
21Z-1009
November 1991
Strategic
Targeted
Activities
Results
Sy sAe
For
Fourth Quarter
FY1991
Report
To continue receiving the STARS report, please fill out and return the enclosed questionnaire
{gc9 Printed on Recycled Paper
-------
Help Us Improve STARS and the Quarterly Report by
Filling Out This Questionnaire and Returning It to PMB
Please return this questionnaire by January 15,1992. To return it. tear out this sheet, fold it. and tape or staple
it so that our address - on the reverse - shows. Alternatively, you may fax It to the Planning and Management
Branch at FTS 260-4903 (non-FTS add area code 202)
1. Why do you read the STARS report? Review overall program performance
Other?
2. What part of the report do you read? Al of it Just my program. Other?.
3. Which quarters of the STARS report do you read? Every quarter Only Fourth Quarter?
Other? .
4. What do you find most useful in the report? (e.g. The Highlights Section?)
5. Please rate the STARS report on a scale from 1 to 10 (10 being excellent) for Its overall quality in reporting
program/Agency progress against strategic plans. Comments?
6. On the same 1 -10 scale, how weU do you think the measures reflect what is important in the program(s) ?
7. What would you do to improve the STARS system and/or improve the quarterly report and what barriers do you
see that inhibit that improvement?
8. Do you have any additional comments?
9. If you are involved In planning/budgeting, writing measures, or evaluating your program, please describe your role.
10. If you would ike to remain on the mailing ttst for the STARS report, please fill out the information below.
Name \ Position
Office
Mailing Address
If we may call you to discuss your suggestions, give your telephone number.
FTS
-------
Environmental Protection Agency
Planning and Management Branch
PM-222A
401 M St. SW
Washington, DC 20460
Attn: Jeff Wells
-------
U.S. Environmental Protection Agency
Strategic Targeted Activities for Results System
Fourth Quarter FY 1991 Report
TABLE OF CONTENTS
Program Office Highlights . . . . i
Office of Air and Radiation ...... 1
Office of Pesticides and Toxic Substances . . . 15
Office of Solid Waste and Emergency Response . . 25
Office of Water 41
Office of Enforcement . . . . . . 51
Office of General Counsel...... 55
Gulf Mexico ........ 57
Chesapeake Bay . 59
Great Lakes ........ 61
-------
STARS FY 1991 FOURTH QUARTER
PROGRAM HIGHLIGHTS
OFFICE OF AIR AND RADIATION
EPA has issued findings against 9 states and the District of Columbia that
failed to submit VOC RACT fix-up schedules for ozone nonattainment areas
by May 15,1991.
There are 70 statutory nonattainment areas for PM-10 that require a SIP
(State Implementation Plan) submission by the States. The statutory deadline
for submitting SIPs for approval was November 15, 1991; as of that date,
the program received approximately 50% of the SIPs.
Four core rules; permits, allowance system, continuous emission
monitoring, excess emissions,were signed by the Administrator October 29.
The Federal Register notice listing the Air quality designations and
classifications for all areas in the U.S. was published on 11/6/91.
OFFICE OF PESTICIDES AND TOXIC SUBSTANCE
During FY 1991, OPP completed 13 Reregistration Eligibility Documents
(REDs); seven were completed during fourth quarter. The number of
REDs that have been issued to date stands at 13 against a universe of 405
cases requiring review.
The 33/50 Program is actively pursuing additional emission reduction
commitments. The Program estimates that EPA currently has reductions
commitments for 267 million pounds of the 17 targeted chemicals.
Sixty-two EPCRA cases were closed with environmental beneficial
expenditures included in case settlement packages; Region II closed 26 cases
or 42% of the national total.
At the end of FY 1991, 25 states had asbestos accreditation programs fully
approved by EPA. Eleven of these states were approved during FY 1991 -
a 79% increase over FY 1990.
Under FIFRA, the national compliance rate during FY 1991 was 89%.
-------
OFFICE OF SOLID WASTE AND EMERGENCY RESPONSE
OSWER has drafted the first RCRA Waste Minimization Action Plan which
they sent to the Regions for review and comment.
Nationally the Regions met all its RCRA targets for; final permit
determinations for storage and treatment facilities; and closure plans for
land disposal facilities and for incinerators.
As of October 1, 1991, there were 709 RCRA facilities in significant
noncompliance, 533 (75%) have been out of compliance for three years.
To date only, only nine facilities have returned to compliance.
About 12 States have active total quality management projects to reduce
unnecessary steps in corrective action for leaking underground storage
tanks. In addition, one county and several States (including Idaho and New
Mexico) have started to issue field citations of $50 to $600 for on-the-spot
violations of underground storage tank regulations.
Nationally the Regions met or exceeded all Superfund targets. Over $280
million in clean up costs were recovered.
OFFICE OF WATER
Performance in activities supporting OW's water quality standards strategy
fell below expectations. EPA will promulgate §303(c)(2)(B) toxics
standards for a record 22 States.
NPDES delegated state performance for FY 1991 was 70% of target
compared to 64% in FY 1990. Regional performance was 80% of target in
FY 1991, down from 103% of target in FY 1990. Much of the decline can
be attributed to three issues: growing workloads without commensurate
funding; state fiscal problems; and new toxics requirements which make
permitting more complicated and subject to legal delays.
FY 1991 was the first year of implementation of OW's Construction Grant
Completion and Close-out Strategy. Excellent progress was made with the
national average at 121% of target in phasing down the construction grants
program.
OFFICE OF ENFORCEMENT
During FY 1991, the Agency referred a total of 393 new civil cases to the
Department of Justice. Forty-eight criminal referrals were concluded in
FY 1991 with each referral resulting in conviction of defendants. Fines
imposed before suspension were $14.1 million compared to $5.5 million in
FY1990.
-------
FY 1991 Fourth Quarter STARS Report OAR
OFFICE OF AIR AND RADIATION
INTRODUCTION
The 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 states in its strategic plan that its mission is to protect human health and
the environment, including ecological and aesthetic effects, from airborne pollutants and
radiation.
To accomplish this mission, OAR identified a major environmental goal in its strategic plan
for each of seven program areas: stratospheric ozone protection; global warming
prevention; acid rain reduction; National Ambient Air Quality Standards (NAAQS)
attainment; air toxics reduction; radon, indoor air, and electromagnetic radiation; and cross-
media radioactive waste and emergency response. The STARS measures track specific
activities related to these program areas.
OAR is finishing the first year of implementing the Clean Air Act Amendments (CAAA) of
1990. As with any new mandate in the initial years of implementation, EPA is focusing on
the development of regulations and guidance. OAR has 44 projects in the Action
Tracking System (ATS).
OFFICE OF AIR QUALITY PLANNING AND STANDARDS
NAAQS
Ozone/Carbon Monoxide
The Regions have issued a finding against the 9 states and the District of Columbia that
failed to submit VOC RACT (Volatile Organic Compound Reasonably Available Control
Technology) fix-up schedules for ozone nonattainment areas by May IS, 1991. A finding
starts an 18 month clock running for imposing sanctions on States for failure to submit
VOC RACT rule corrections on time and a two-year clock for promulgation of Federal
VOC regulations for those areas. These submissions are critical if EPA is to bring all ozone
nonattainment areas into attainment by the deadlines in the CAAA. By moving quickly
to issue findings, OAR wants to show the States that it is serious about meeting the
deadlines in the act. The Regions should be congratulated on their hard work.
-------
FY 1991 Fourth Quarter STARS Report
OAR
THE DISTRICT OF COLUMBIA AND NINE STATES HAVE
FAILED TO SUBMIT REVISIONS TO THEIR OZONE SIPS
As of the end of
fourth quarter, the
Regions received
1224 submittalSj'
against a universe
of 1655 or 74%.
(See chart below
that shows
submittal
achievements per
Region). The map
shows which
States had not yet
contributed
submittals by the
end of fourth
quarter. Region II
performance
appears poor because both States in the Region had not submitted regulations by the end
of fourth quarter. Immediately after fourth quarter, however, Region II reported that New
Jersey submitted its regulations and that New York is well on the way to completing its
work. In other words, no sanctions will be required for either State.
Conformity criteria were made available in June. However final criteria will be delayed
past the statutory deadline of November, 1991 because of complex and controversial
policy issues.
OAR2B07B1
400 T
74% OF ALL RACT REGULATIONS HAVE BEEN SUBMITTED
Total Achieved
D Universe
III
IV
VI
VII
VIII
IX
-------
FY 1991 Fourth Quarter STARS Report OAR
Paniculate Matter (PM-10)
OAR has been working on a regulation to improve visibility in the Grand Canyon. The
regulation, which requires Best Available Retrofit Technology (BART) at the Navajo
Generation Station, was published in the Federal Register on October 3,1991.
There are 70 statutory nonattainment areas for PM-10. The deadline for submitting State
Implementation Plans (SIPs) for approval was November 15,1991. States not submitting
SIPs as of that date are subject to sanctions from EPA; however, the Office of Air Quality
Planning and Standards expects to continue to receive SIPs daily, and to work with the
Regions into December to encourage the States to submit their SIPs. Most of the SIPs are
due from Regions Vffl, IX, and X, who received approximately 50% of their SIPs by the
statutory deadline. The short time frame between enactment of the CAAA and the due
date for these SIPs, as well as the complexity of some of the PM-10 SIPs, contributed
greatly to the difficulty in receiving them all on time.
Sulfur Dioxide (SO-))
m tin t. # of SO2 Schedules Received for Corrective Actions
There are 118 areas in the
Region VI received six schedules for corrective actions against a
target of two, and already have draft rules for some of them.
The Quarterly Management Memo can be used to highlight the
decision to shift resources from low priority to high priority areas.
Making the decision explicit can avoid misunderstandings.
U.S. with SO2 SIP
enforceability deficiencies.
OAR received 25 schedules
for corrective actions
against a target of 45, with
Region I, EH, IV, and V States
not meeting expectations.
This was due to a
combination of factors including late guidance from Headquarters, and the Regions and
States working on other items of higher priority.
Lead
The lead NAAQS is currently under review. OAR had been waiting to coordinate its rule
with OPTS; however, OPTS has decided not to pursue a lead acid battery recycling rule.
OAR is currently developing an implementation strategy under the amended act. A
revised NAAQS schedule will be developed once the strategy is complete.
There were 29 stationary sources identified in OAR's lead strategy, but two have been
closed. Of the remaining 27 sources, 26 have monitoring networks (2 sites per network)
established and operating. The Regions analyze the data from these sites quarterly for
violations of the NAAQS standard. If the monitor shows a violation, then the Region must
determine whether a SIP revision or an enforcement action is needed. The Regions
completed 34 analyses of data from the 52 sites in FY 1991, of those analyses, 4 indicated
a need for a SIP call, and 12 a need for non-attainment designation (3 sites are possible
non-attainment designations).
-------
FY 1991 Fourth Quarter STARS Report OAR
Prevention of Sinificant Deterioration (PSD) For Nitroen Dioxide
Of 54 States and territories that need to revise their SIP delegation agreements to
implement PSD for NO2, 49 submitted final packages/agreements against a target of 52.
Air Toxics
The CAAA dramatically changed the way the Federal program regulates air toxics. In
1985, about the time the National Air Toxics Strategy was issued, the Administrator has as
a goal, the development of an air toxics program in every State within a year. The purpose
was to reduce exposure to air toxics in cases where there were localized problems. The
national program, which was moving very slowly, was to deal with those problems that
are national in scope. Since it was impossible for states to develop and implement an air
toxics program within one year, the concept of multi-year development plans was
implemented. As most States now have operative air toxics programs in place, the STARS
measure that monitors the progress of air toxics program development is not as important,
especially given the new requirements of the CAAA.
The majority of the activity in air toxics with respect to implementing Title III of the Clean
Air Act in FY 1992 and early FY 1993 will be in Headquarters. During this time, OAR
currently plans to publish the list of categories of major sources and the schedule for
regulation of those source categories, promulgate regulations for dry cleaners and
chemical plants, and propose standards for municipal waste combustors, coke ovens,
electroplating, and commercial sterilizers. Other Title III rules or guidance to be issued
include: 1) the promulgation of a rule tightening standards for major sources of the most
toxics chemicals; 2) the guidance for submitting petitions to add or delete chemicals to the
chemical list or deleting source categories from the list of source categories, 3) guidance
for new, modified, or reconstructed sources; 4) guidance for State programs, and 5) the list
of accidental release chemicals. Activities that are needed at the State and local level and
Regional Offices include implementation of the early reduction program and enforcement
of existing NESHAPS. In FY 1992 and early FY 1993 State and local agencies also
should begin to examine delegation and enforcement aspects of both the MACT
(Maximum Achievable Control Technology) program (Section 1 12(d)) and the guidance
for new modified and reconstructed sources under Section 112(g).
Guidance for the modification provisions will not be finalized until December, 1992. The
statutory deadline is May, 1992. OAR states that the reason for the delay is the difficult
policy, technical and scientific issues that cannot be resolved until EPA develops a
complete guidance package for public review. The current schedule for the final list of
source categories has slipped a month because of overwhelming comments from the
public and the question raised about the characterization of source categories. The
regulations for large and small municipal waste combustors (MWCs) as well as other
incinerators was delayed from November, 1991 to August, 1993. These provisions were
added during Congressional debate. Due to the complex new statutory structure, the
precedent-setting nature of the initial MACT rules, and the difficulty of determining how
to apply the new statutory requirements to both large and small MWC's, EPA has decided
to delay proposal and promulgation of the large MWC standard and issue it with the small
-------
FY 1991 Fourth Quarter STARS Report OAR
MWC standard.
A recent General Accounting Office Report (June 1991) stated that EPA needs to refine its
strategy and add more resources to its air toxics efforts. The principal findings of the
report are:
EPA's air toxics implementation strategy is vague.
EPA's strategy does not spell out plans for scientific data collection on phase two
risk decisions.
EPA's use of generic measurement methods may result in ineffective permits.
Extensive use of categories and subcategories of air toxics may preclude significant
reductions.
Under funding means that EPA will have to use crude, highly uncertain methods of
risk assessment, with the likely result that EPA's regulations will be challenged.
If EPA misses some of the MACT standard deadlines (some come as early as
February 1992), some 107 State and local agencies will have to individually issue
air toxics permits on the basis of what each State or local agency believed the
eventual MACT standards would be.
These findings were addressed by Administrator Reilly in his testimony before the
Subcommittee on Energy and Commerce, United States House of Representatives on
November 12,1991.
New Source Review
Since the mid-eighties, the New Source Review program has improved tremendously. One
of the driving factors behind that improvement was a policy decision to establish "real
time review" of new sources where a permit would be reviewed within a certain time after
it was received by the Region. This policy was recently reaffirmed at an Air Division
Directors meeting. Regions and States both believe that it helps them to get the necessary
guidance out on time. This quarter, the Regions received 58 new source review permit
packages and reviewed 55 of them "on time." This represents excellent performance.
Operating Permits
The highest priority activity for the operating permit program this year was for the
Regions to notify the States, via letter, of potential changes they would have to make to
their enabling legislation in order to implement the new operating permit program. The
Regions met their collective target of 52, however, in some cases Regions chose to meet
with the States to discuss legislative needs rather than to send letters. Efforts to provide
support to help States get the required enabling legislation will continue into FY 1992.
Final State permit regulations were due in November and will be issued in December.
-------
FY 1991 Fourth Quarter STARS Report . OAR
OFFICE OF MOBILE SOURCES
States and localities establish inspection/maintenance (I/M) programs in areas that do not
meet the NAAQS. I/M stations check the emissions of cars and light duty trucks against
standards established by title II of the Clean Air Act. The Regions audit the 43 I/M
programs across the country through questionnaires that they send to the States.
Because of resource constraints, Regions mailed audit questionnaires instead of
conducting site inspections. In future years, the Office of Mobile Sources (QMS) intends
to conduct more site inspections of I/M programs. While some Regions believe the site
inspections to be a better indicator of I/M program quality than a questionnaire, they are
nevertheless reluctant to spend scarce travel dollars to audit I/M programs believing that
other items, such as attendance at public hearings, take a higher priority. Nationally, 42
I/M programs were audited by the Regions against a target of 43. Region VII delayed one
of its audits until second quarter of FY 1992 because it and headquarters agreed that
other work took higher priority.
The Regions also help States implement new I/M programs. This year, the program met its
target of implementing 5 new I/M programs: 1 in Region IV, 3 in Region V, and 1 in
Region IX.
EPA is supposed to finalize cold temperature CO standards and publish a study on non-
road engines by November 1991. The CO standards have been at OMB for two months.
The non-road engine study will be announced in the Federal Register in early December.
Guidance on I/M programs will be delayed past the statutory deadline of November of
1991 to February of 1992. New information on high technology transient and
evaporative testing procedures required more time with interested parties. EPA Office of
General Counsel has also ruled that full rulemaking procedures should be followed for I/M
instead of just issuing guidance as the Act stated. Final reformulated gasoline
requirements have a statutory deadline of November 1991. Issuance is expected in May
or June, 1992. Transportation Control Measures went to public comment on October, 29
and are expected to be final by the end of the calendar year, The deadline for the final
rule was November.
OFFICE OF ATMOSPHERIC AND INDOOR AIR POLLUTION (OAIAP)
OAIAP is responsible for programs addressing acid deposition, indoor air, and global
change. The majority of the. program's work has been based in Headquarters; although, in
FY 1992 more of the work will begin to be done in the Regions. OPPE and OAR will
jointly be developing STARS measures based on OAR's Strategic Plan for this office for
FY1992.
The Acid Rain Division worked very hard to get its four core rules on permits, allowance
system, continuous emission monitoring, and excess emissions proposed. They were
signed by the Administrator October 29.
-------
FY 1991 Fourth Quarter STARS Report
OAR
The Global Change Division has been working on several regulations: a procedure to
maximize federal use of safe CFC alternatives; a ban on non-essential consumer products
containing CFCs; a recycling and disposal program for ozone depleting substances; and a
safe alternatives rule.
RADON
OFFICE OF RADIATION PROGRAMS
STARS tracks the f of States participating In various parts of the
Radon program
ED Target
Parformanca
Stata/EPA School
Surveys Testing
Determine the extent of the
radon problem nationwide
SIRG
projects
Empower the development
of state radon programs
School Mitigation
Demos.
Adopting
Certification
Construction
Stds.
Develop capacity to prevent
and mitigate indoor radon
EPA's radon program was generally successful in achieving its targets for STARS
measures related to radon's four overarching goals for 1991 as expressed in the OAR
Strategic Plan:
1) Determine the extent of the radon
problem nationwide: The graph on
the next page shows the States
generally meeting expectations for
the number of State/EPA surveys
completed, and the number of States
performing school testing programs.
2) Empower the development of
state radon programs: Every State
was targeted to receive a State Indoor Radon Grant (SIRG). Fourth quarter performance
for SIRGs awarded by the Regions was 66, surpassing the target of 56. The graph below
shows the number of SIRG innovative projects completed by the States. Due to tight
budgets and other items of higher priority, some States have not been willing to accept the
full amount allocated to them for matching grants; therefore, the Regions had to work
particularly hard in the fourth quarter to meet expectations for SIRGs awarded.
State/EPA surveys completed
Region IV completed two surveys against a target of one.
The Region worked with an Indian tribe for their second survey.
Region VIII was targeted to do one survey, and will work
with Montana to do it over this winter (in FY 1992).
-------
FY 1991 Fourth Quarter STARS Report
OAR
3) Develop capacity to prevent
and mitigate indoor radon: All
Regions exceeded their targets
for school mitigation
demonstrations and certification
programs adoption. Most
Regions missed their targets for
promoting model construction
standards; however, more States
are likely to promote such
standards once EPA issues the
Model New Construction
Standards that are now in draft
form. The STARS measures are shown in aggregate in the graph below. The Regional
Radon Training Centers (RRTC) exceeded their target of 90 with 127 courses held. The
program hopes that the RRTCs (which are shared by Regions) will offer courses in FY
1992 for States in Regions VI, YE, DC, and X.
Regional Radon Awareness Activities Hiehliehts
Region I Met with the MA and CT lung associations.
Region V participated in an OSHA indoor air course.
Region IX had radon information printed in a utility bill newsletter.
Region X presented radon information to 6 county boards of realtors.
4) Promote public action on elevated radon levels: The Regions and States continued to
promote radon awareness publicity activities. For this goal, the radon program has several
contradictory indicators of success. The graph below shows the % of people who believe
in the statement indicated.
100%
The Various Indicators of Success for the Radon Program Show a Mixed Message.
% of People Who:
of those, who say Radon is unhealthy*
80%'' have heard of Radon.
60%"
40%"
20%
0%
think It is a very serious problem*
say they have tested A
18 89
A
90
o
91
TteMComi
-Th»Rcp»rPel
*" ThctarionPragnm
-------
FY 1991 Fourth Quarter STARS Report OAR
RADIONUCLIDES NESHAPS
Site inspections for radionuclides NESHAPs (National Emission Standards for Hazardous
Air Pollutants) is a significant STARS measure because it charts EPA's site inspections of
approximately 160 sites (DOE facilities, uranium mill tailings, phosphogypsum piles, and
others). The program achieved 18 inspections against a target of 20 facilities. The
program also tracks the number of emergency response exercises undertaken by the
States. For FY 1991, 23 emergency response exercises were undertaken against the
radiation program's target of 30.
OFFICE OF AIR AND RADIATION - ENFORCEMENT
STATIONARY SOURCE COMPLIANCE AND ENFORCEMENT PRIORITIES
Program activities will center upon implementation of the Clean Air Act Amendments of
1990, including 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.
The highest priority is aggressive implementation of programs to attain National Ambient
Air Quality Standards (NAAQS) for ozone, carbon monoxide, and size-specific paniculate
matter (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. This is
particularly true for sulfur dioxide and lead. The regions will work with state and local
agencies to correct SIP deficiencies regarding sulfur dioxide and lead that contribute to
the violations, to improve source compliance, and to develop necessary control measures.
The program also will enforce regulations promulgated in August 1988 to address
chlorofluorocarbon emissions that cause the depletion of stratospheric ozone.
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 nontransitory NESHAP sources will be a priority. Regions and
states will develop and implement programs to identify asbestos non-notitlers. They will
also inspect radionuclide sources, develop inventories of all covered benzene sources, and
monitor compliance.
-------
FY 1991 Fourth Quarter STARS Report OAR
VOLATILE ORGANIC COMPOUNDS (VOC) ENFORCEMENT
Compliance Rates & Inspections
There are 5,214 Class A SIP and NSPS VOC sources in ozone nonattainment areas. OAR
reports that 669 (12.8%) 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 201% of their third quarter FY 1991 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)
Significant Violators
One hundred and seventy-six VOC
sources were identified as being
>180^
VOC Significant Violator*
Universe at Beginning of Quarter
unaddressed violators at the beginning
the fourth quarter and 80 new violators 140.'
were identified during the quarter. 120..
Eighteen were returned to compliance, 27100.. I
were placed on acceptable schedules, and so
10 had enforcement action commenced 60"
(27 were addressed within 120 days of
detection and 10 were addressed within
121-270 days after detection). Of the
unaddressed violators, 27 have been in
violation for more than one year but less than two years, and 27 (20 in Region V) have
been in violation for more than two years.
20 f
0
O In Compliance
On Schedule
E3 Enf. Action
Pending
UnivwM:
Q2 03
CtaMAVOCSowcM
PARTICIPATES ENFORCEMENT
Compliance Rates and Inspections
There are 4,061 major particulates sources in Group I and n areas, of which 168 (4.1%) 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 211% of their
third quarter inspection commitment for total suspended particulates (TSP) Class A SIP
and NSPS sources in Group I and n areas.
10
-------
FY 1991 Fourth Quarter STARS Report
OAR
Significant Violators
Particulates Significant Violators
Universe at Beginning of Quarter
In Compliance
On Schedule
Enf. Action
Pending
Eighty-five TSP sources in Group I
and II areas were identified as
unaddressed significant violators at
the beginning of the quarter and 14
new violators were identified
during the quarter. Eighteen were
returned to compliance, 7 were
placed on schedules, and 3 had
enforcement action commenced (10
were addressed within 120 days of
detection, and 3 were addressed
within 121-270 days after
detection). Of the unaddressed
violators, 26 have been in violation
for more than one year but less
than two years, and 12 (9 in Region V) have been in violation for more than two years.
SULFUR DIOXIDE ENFORCEMENT
Compliance Rates & Inspections
There are 309 sulfur dioxide (SO2) sources in SO2 nonattainment areas, of which 40
(12.9%) 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 183%
of their third quarter inspection commitment for SCh Class A SIP and NSPS sources in SO 2
nonattainment areas.
Q2
Q3
O4
Universe: TSP Sources in Group I & II Areas
Significant Violators
Thirty SO2 sources were identified at
the beginning of the quarter as being
unaddressed significant violators and 4
new violators were identified during
the quarter. One was returned to
compliance, 2 were placed on
schedules, and 2 had enforcement
action commenced (1 was addressed
within 121-270 days of detection). Of
the unaddressed violators, 4 have been
in violation for more than one year but
less than two years, and 4 (all in
Region V) have been in violation for
more than two years.
35j
30--
Sulfur Dioxide Significant Violators
Universe at Beginning of Quarter
D In Compliance
On Schedule
Enf. Action
Pending
Q1
Universe:
S02
Q3 Q4
lurees in Nonattainment Areas
11
-------
FY 1991 Fourth Quarter STARS Report
OAR
ENFORCEMENT OF NESHAPs
Compliance Rates & Inspections
Of the 1,334 NESHAP (non-transitory) sources, 419 (31.4%) are either in violation, in
violation but meeting a compliance schedule, or the compliance status of the source is
unknown. This quarter, Region DC reported an additional 228 NESHAP sources, of which
145 were reported in violation. The Regions and states accomplished 123% of their third
quarter inspection commitment for NESHAP sources.
Significant Violators
Seventeen NESHAP sources were
identified at the beginning of the
quarter as being unaddressed
significant violators and 17 new
violators were identified during
the quarter. Three were returned
to compliance, 1 was placed on a
schedule, and 11 had enforcement
action commenced (4 were
addressed within 60 days of
detection, and 15 were
unaddressed for more than 90
days after detection).
25 j
20-
15-
NESHAP Significant Violators
Universe at Beginning of Quarter
10
D In Compliance
On Schedule
Enf. Action
Pending
Q1
Universe: Operating
0.2 Q3 Q4
NESHAP Sources
AIR ENFORCEMENT-COMBINED REPORT
Significant Violators
There were 424 significant violators
unaddressed at the beginning of the
quarter and 174 new violators were
identified during the quarter. Sixty-six
were returned to compliance, 66 were
placed on schedules, and 31 had action
commenced. Of those addressed, 62
were addressed within 120 days of
detection and 27 were addressed within
121-270 days of detection. Of the
unaddressed violators, 93 have been in
violation for more than one year but less
than two years, and .54 have been in
violation for more than two years.
Significant Violators - Combined Report
Universe at Beginning of Quarter
03
04
12
-------
FY 1991 Fourth Quarter STARS Report OAR
One hundred and seventy-five significant violators are not a part of the pollutant-specific
reports discussed previously (but are included in the totals above). Twenty-six were
returned to compliance, 29 were placed on schedules, and 5 had enforcement action
commenced. Of those addressed, 21 were addressed within 120 days and 13 within
121-270 days. Thirty-six of the unaddressed violators have been in violation for more
than one year but less than two years, and 11 have been in violation for more than two
years.
ENFORCEMENT ACTIONS
Seventy-four stationary source civil judicial actions were referred to DOJ in FY 1991,
compared to 91 and 82 in the previous two years, respectively. The Regions also report
issuance of 137 administrative orders (this includes lagged asbestos demolition and
renovation data through the third quarter of FY 1991). The states reported the referral of
125 civil cases and issuance of 1,229 administrative orders through the third quarter (state
data are lagged one quarter). Nine Clean Air Act criminal cases were referred to HQ in FY
1991, compared to 8 and 6 in the previous two years, respectively.
ASBESTOS DEMOLITION AND RENOVATION PROGRAM
(NOTE: Data are lagged one quarter)
Through third quarter of FY 1991, the EPA Regions report receipt of 10,172 notifications
of asbestos demolition, and the states reported receipt of 37,015 notifications.
The Regions have conducted 379 asbestos demolition and renovation inspections
through the third quarter and reported identification of 31 substantive violations. The
states conducted 11,983 inspections through the third quarter and reported 397
substantive violations.
13
-------
FY 1991 Fourth Quarter STARS Report OAR
BLANK PAGE
14
-------
FY 1991 Fourth Quarter STARS Report OPTS
OFFICE OF PESTICIDES AND TOXIC SUBSTANCES
INTRODUCTION
STARS attempts to track the most important of a program's activities; to the degree that it is
successful, STARS provides the feedback necessary to determine what and how well a program
is doing toward achieving the goals and objectives set forth under the auspices of a program's
mission. The Office of Pesticides and Toxic Substances (OPTS) expresses priorities through two
distinct strategic plans: one for the Office of Pesticide Programs (OPP) and one for the Office
of Toxic Substances (OTS). Each Office is improving the measures they report to STARS.
OTS is taking a critical look at measuring program progress and has submitted a substantially
improved set of measures for FT 1992. Improvements include a broader look at various phases
of the existing chemical review process as well as a more structured look at regional and state
roles in first and second generation projects and outreach programs.
In FY 1992, OPP Headquarters measures will continue to address statutory mandates,
ecological risk, food safety and human exposure. An expansion of OPP's regional measures will
more clearly reflect progress in the areas of ground water, worker protection, and endangered
species at the state, territory, and tribe levels. Regional activities in these areas flow from
strategies driven by pollution prevention and risk reduction themes.
OFFICE OF TOXIC SUBSTANCES
OTS is focusing on three priority areas: better utilization of the authorities granted under
TSCA, coupled with a balanced mix of regulatory and non-regulatory risk management
approaches; more effective and efficient sharing of toxics data and information inside and
outside EPA; and, enhancement of regional and state roles, especially in implementing OTS
Second Generation Chemical Programs (including TRI, the 33/50 Project, and components of
the Lead Strategy).
TOXIC SUBSTANCES CONTROL ACT (TSCA)
Existing Chemicals (EC)
Under TSCA, OTS ensures that chemicals in commerce do not present an "unreasonable risk
of injury to health or the environment." OTS completed one existing chemical risk management
action in FY 1991 - a Section 6 Notice of Proposed Rulemaking (NPR) for Pulp and Paper
Sludge (published in the Federal Register on May 10, 1991); 8 risk management actions were
targeted for FY 1991. OTS completed 5 actions in FY 1990, also against a target of 8.
15
-------
FY 1991 Fourth Quarter STARS Report
OPTS
EC REVITALIZATION
The EC process was restructured in FY 1991 to provide
greater focus on pollution prevention opportunities,
rather than relying solely on regulatory options. In fourth
quarter, OTS completed the carpet dialogue, concluded
its regulatory negotiation work on the lead acid battery
recycling rule (deciding regulation was not warranted),
issued letters of concern on chemicals based on
evaluations of their potential risk, and completed risk
assessment screening on several cases.
The disposition of three other
anticipated FY 1991 actions is as
follows: publication of the Section 6
NPR for Acrylamide and N-
methylolacrylamide grouts was set
back to first quarter, FY 1992 (this
NPR was published in the Federal
Register on October 2, 1991); final
Significant New Use Rules (SNURs)
for 2,4-Pentanedione and Aromatic
Ether Diamines are expected to be
complete during first quarter, FY
1992; and, the Lead Acid Battery
Rule was dropped.
New Chemical Notices
Authorized by TSCA, OTS's objective is to review all new chemicals and apply risk
management as necessary to prevent unreasonable risk. During fourth quarter, OTS received
379 valid new chemical notices; of these, there were 271 Premanufacture Notices (PMNs) and
108 exemption applications (i.e., 47
applications for polymer VALID NEW CHEMICAL NOTICES DOWN IN FY 1991
exemption, 59 for low volume
exemption, and 2 for test market
exemption). OTS reports taking 43
control actions during fourth
quarter: Section 5(E) Consent
Orders were issued for 15 PMNs
and 19 PMNs were withdrawn in
the face of regulatory action; 3 low
volume exemption application were
denied and 6 were withdrawn in
the face of regulatory action.
a. joo
1.500
u
1.000
4J
D Exempt ion ACPI 'cat lonsl
E3 Premanufaeture Notices!
Compared to the
previous year. 26*
fewer valid new
chemical notices
were submitted
in FY 1991.
rr 1190
During FY 1991, OTS received a
total of 1,871 valid new chemical notices - 26% fewer notices than were received in FY 1990.
The FY 1991 total includes 1385 PMNs, 483 exemption applications and 3 biotech notices. In
FY 1990, there were 2,525 valid new chemical notices submitted including 1,736 PMNs, 789
exemption applications and 2 biotech notices. OTS took 103 control actions during FY 1991
compared to 134 during FY 1990. No control actions were required this year for biotech
submissions.
16
-------
FY 1991 Fourth Quarter STARS Report OPTS
EPCRA
OTS is committed to increasing data and information sharing with other agencies and the public
in order to stimulate pollution prevention efforts. OTS tracks quarterly how Emergency
Planning and Community Right-to-know Act (EPCRA), Section 313 data is made publicly
available. Toxic Release Inventory (TRI) data was accessed via the National Library of
Medicine's TOXNET database through 836 searches for a total of 1,558 online hours during
fourth quarter; OTS also reports 188 fourth quarter information requests at Title m Reporting
Centers.
TOXNET and the Title HI Reporting Centers were utilized fairly consistently throughout both
FY 1990 and FY 1991; during FY 1991, TOXNET accommodated 6,985 searches over 5,067
online hours and 672 information requests.
STATE AND REGIONAL ENHANCEMENT
OTS is seeking to increase state administrative capacity for current asbestos and PCB activities
(First Generation Chemical Programs). The program also will rely heavily on regional
involvement in implementing the new Second Generation Chemical Programs.
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. Seven Regions (I, III, V, VI, VII, VIII and X)
reported fourth quarter outreach activities under this measure. During FY 1991, each Region
(except Region IX) reported some region specific activities under this optional measure.
Reports on regional initiatives and outreach activities during the year have focused primarily
on the 33/50 Project. The following, by region, are some of FY 1991's highlights:
Region I continues to actively pursue company commitments to 33/50 through mailings and staff
contacts. A 33/50 State Network is fully established with all N.E. States participating; the Region
is developing state-specific 33/50 Progress Report press releases.
Region II focused reporting on asbestos related outreach. The Region made a number of
presentations on AHERA reinspection requirements and managing asbestos in place.
Region HI finalized development of a 33/50 Project tracking and targeting system. The Region also
provided 33/50 sessions via the EPCRA Section 313 workshop forum.
Region IV co-hosted an Operations and Maintenance seminar on managing asbestos in place.
Region V and Region VII worked on a joint geographic pollution prevention project in the St. Louis
area. Region V is pursuing commitments to 33/50 through mailings and targeted conferences.
Region VI conducted several EPCRA Section 3D workshops and seminars and provides ongoing
training for industry on completing EPCRA reporting requirements.
17
-------
FY 1991 Fourth Quarter STARS Report
OPTS
Region VII is approaching the 33/50 Project as a limited geographic initiative with the focus on
specific counties identified through the 33/50 listing of top 100 parent companies.
Region Vin developed an active 33/50 Regional Network and has focused 33/50 efforts in Utah
and Colorado according to top 100 facilities concentration. The Region planned and participated
in a number of TRI related conferences and is advancing its CIS efforts.
Region DC reported no activities under this measure during FY 1991.
Region X began lead (Pb) outreach and technical assistance in anticipation of the Lead Initiative.
The Region has directed activities of the 33/50 Regional Participation Subcommittee and developed
a number of major issue papers dealing with 33/50 topics.
Asbestos Abatement
These measures provide feedback
on OTS efforts to enhance worker
safety by requiring proper training
and accreditation of personnel
performing asbestos inspections
and abatement actions. Through
course audits, regional
representatives ensure that asbestos
training programs meet EPA
Model Accreditation Plan criteria.
During fourth quarter, states
conducted 33 approved asbestos
training courses for workers,
contractors, and supervisors and 25
courses for inspectors, management
planners, and project designers.
AHERA APPROVED STATE ACCREDITATION PROGRAMS
Fully Approved EB Vitbout Approval
Partially Approved ^| without Program
States Fully Approved During FY 1991
Currently, 48 states have some type []
of accreditation program for
asbestos training courses. Twenty-five of those states have accreditation programs which are
fully approved by EPA across all disciplines; 11 of the 25 were added in FY 1991. Eight states
have programs which are partially approved by EPA in one or more disciplines. Only Wyoming
and Arizona have no accreditation programs.
18
-------
FY 1991 Fourth Quarter STARS Report
OFFICE OF PESTICIDE PROGRAMS
OPTS
Risk reduction and pollution prevention are major strategies in OPP's Strategic Plan. OPP is
focusing efforts in four priority areas: food safety; safer pesticides; pesticide exposure and
environmental burden reductions; and, field operations. The program is also seeking to
maximize productivity across the board.
FOOD SAFETY AND SAFER PESTICIDES
Registration Activities
Registration activities measures
focus on maximizing productivity to
meet FTJFRA statutory mandates.
These measures account for a
significant portion of OPP
headquarters activity. Since FY
1989, OPP has maintained the
same target levels (self-imposed,
not mandated) for the measures.
In FY 1991: 14 new active
ingredients were registered against
a target of 10; 47 new use final
decisions were completed against a
target of 60; 3455 amended registration final decisions were completed against a target of 2,625;
and, 1566 old chemical final decisions were processed against a target of 1,425.
REGISTRATION ACTIVITIES
1 «
o>
01
u
a»gIstration Amncmnta Old Chemical*
F i sea I Year
PESTICIDE EMERGENCY EXEMPTIONS:
APPUCATIONS GRANTED ARE CONSTANT
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 fourth
quarter, OPP made 59 final
decisions; 45 exemptions were
granted and 14 were denied.
OPP is attempting to reduce the
number of pesticide emergency ^ TO
exemptions that are granted. The
number of exemptions granted decreased from FY 1990 to FY 1991; the number of exemptions
granted, as a percentage of decisions issued remained fairly constant over the past three years.
3OD
15
S ««
in
01
g »
0
in
O JOO
&
a
C 100
u.
0
Q Appl i cat ions Denies 1
^Applications Granteol
-
»«
.
^ ^ m
'.
>
..-.
','
rn
MHIHI
''
^ f
\v
^
&*
. %%
;i.
'
Applications granted.
rn
fww^
^
^
'^
;*\
,;^
v%
as a percentage of
final decisions.
remained constant
over three years.
FY 1989 = 86.4SS
FY 1990 = 87. 8%
FY 1991 = 88. 6*
19
-------
FY1991 Fourth Quarter STARS Report . OPTS
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, or minor uses. OPP made final decisions on 19 tolerance petitions against a
target of 20 during fourth quarter. During FY 1991, OPP completed 51 decisions against a
target of 60, or 85%. By comparison, in FY 1990, OPP completed 120% of their target of 60.
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. During fourth quarter, OPP
completed 5 Special Reviews against the target of 5. During FY 1991, OPP completed 15
special reviews against a target of 13, or 115%. In FY 1990, OPP completed 10 special reviews
or 100% of their target.
SPECIAL REVIEW DECISIONS
Parathion: Negotiated Settlement Agreement.
Decision Results: All uses were voluntarily canceled except for aerial application on 9 field crops;
severe restrictions were imposed on remaining uses to reduce worker exposure.
Carboruranfgranulaf); Negotiated Settlement Agreement.
Decision Results: The use of granular carbofuran will be phased out over the next three growing
seasons. A ceiling is imposed on the amount of granular carbofuran which can be sold. The
settlement contains geographic restrictions imposed to reduce the possibility of bird kills.
DDVP: Proposed Tolerance Revocation (PD 2/3), (FR 56:50576).
Decision Results: Proposal to cancel registration of products containing arsenic acid as a dcsiccant
on cotton due to unreasonable cancer risks posed to workers; proposal to conclude the Special
Review of arsenic acid for use on okra for seed, sodium arsenite, lead arsenate, and calcium
arsenate (registrations for these chemicals were voluntarily canceled in 1988).
Dicofol: Proposed Tolerance Revocation (FR 56:50466).
Decision Results: Proposal to revoke the food additive regulation for dicofol in or on dried tea.
REDUCING EXPOSURE AND ENVIRONMENTAL BURDEN
In 1988, the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) amendments
mandated an accelerated reregistration process for currently registered pesticides. This process
is to be carried out in five phases over a nine year period. OPP's reregistration activities are
an integral part of its Strategic Plan objectives: food safety, worker protection, reduction of
ecological risks, protection of endangered species and their habitats, and pollution prevention.
20
-------
FY 1991 Fourth Quarter STARS Report OPTS
Data-Call-ins
As part of the reregistration process, information submitted to support current registration of
pesticide chemical cases is reviewed for adequacy based on Pesticide Health Assessment
Guidelines. Information found inadequate under these guidelines must be resubmitted to the
Agency in response to a DCI. OPP completed 43 DCIs during fourth quarter against a target
of 53; 11 of these have been sent to the Office of Management and Budget for review, 32 were
sent directly to the registrants. During FY 1991, OPP missed second, third, and fourth quarter
DCI targets; OPP completed 159 DCIs against a target of 216 or 81%. During FY 1990, OPP
completed 27 DCIs or 25% of its target.
Reregistration Eligibility Decisions /Documents (REDs)
REDs ISSUED FOURTH QUARTER
LIST A: Hypochlorites, affecting 770 products.
LIST D: Sodium Diacetate, affecting 2 products; Silicon
Dioxide/Silica Gel, affecting 75 products; Dried Blood,
affecting 3 products; Carbon/Carbon Dioxide, affecting
9 products;. Propionic Acid, affecting 14 products; and,
Potassium Nitrate/Sodium Nitrate, affecting 6 products.
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; at
the end of FY 1991, the universe of
cases requiring such review stands at
405. OPP issued 1 List A and 6 List
D REDs fourth quarter against a
target of 6. The total number of
REDs that have been issued now stands at 13 (all issued during FY 1991). The FY 1991 target
for REDs was 15; 16 REDs are targeted for completion in FY 1992.
FIELD OPERATIONS
A goal of OPP's Strategic Plan is to enhance regional and state capacity including that of tribes
and territories. The primary objective under this goal is to decentralize program activities that
directly impact regions and states. The program office and the regions have developed a series
of activity measures showing progress toward achieving this objective. These measures address
worker exposure, ground water protection, and endangered species protection strategies.
Reducing Exposure And Environmental Burden
Certification And Training: Successful implementation of regional and state programs relies
on training. Regions report the incorporation of new and updated training materials and
competency standards for state, territory, and tribe ground water and endangered species
programs. During fourth quarter, regional offices reported that, cumulatively, 57 ground water
and 51 endangered species programs were revised.
Endangered Species Protection: Regional offices report that 60 states, territories, or tribes
accepted federal base funding to conduct an endangered species program or are conducting an
approved program with their own funding. Of these, eight states in Regions IV, V, VI, VII,
21
-------
FY 1991 Fourth Quarter STARS Report OPTS
and VIII conducted approved endangered species pilot programs.
Pesticide Worker Protection: Regional offices report that 64 states, territories, or tribes
accepted federal base funding to conduct worker protection programs. Thirty-two states have
identified labor organizations or clinics willing to work on outreach and education activities and
provide information regarding unnecessary exposure to workers; four of the states are
implementing plans including outreach, education, and communication elements.
Pollution Prevention (Ground Water Protection')
During FY 1991, regions reported 51 states, territories, or tribes developing generic pesticide
and ground water management plans. There are no fully approved ground water management
plans, however, 51 states, territories, or tribes have identified sensitive or priority ground water
areas within their jurisdiction. Of those 51 states, 20 are implementing Best Management
Practices to prevent contamination of those vulnerable areas. Fifty-seven states, territories, or
tribes have adopted Federal Ground Water Reference Points or more stringent standards.
OFFICE OF COMPLIANCE MONITORING
OCM is focusing on increasing the rate of compliance within the regulated community to reduce
risk and raise pollution prevention awareness. In FY 1991, regions exceeded federal TSCA,
FIFRA, and EPCRA inspection targets. Nationally, compliance under FIFRA, EPCRA, and
TSCA has been better than 60% each year since FY 1989; During FY 1991, the national
compliance rate under FIFRA stood at 89%.
The regions and Headquarters settled 136 cases in FY 1991 with environmentally beneficial
expenditures (EBEs) included among the settlement conditions. In FY 1992, OCM plans to
continue strong efforts to increase the use of Environmentally Beneficial Expenditures and
perform more detailed tracking of accomplishments in this area.
FEDERAL INSECTICIDE, FUNGICIDE, AND RODENTICIDE ACT (FIFRA)
Inspections And Compliance Levels (State data is lagged one quarter.)
In third quarter of FY 1991, the states completed 22,613 FIFRA use and restricted use pesticide
dealer inspections, completing 152% of their state grant targets. The states reported taking
2,436 enforcement actions during third quarter with a violation rate of 11% for "use"
inspections. Through third quarter of FY 1990, the states had completed 199% of their state
grant targets with a violation rate of 27%. [Note: In FY 1990, warning letters were included
as enforcement actions; they are not being included in FY 1991.]
Through fourth quarter of FY 1991, Regions Vn and VTJI, each with non-delegated programs,
completed a total of 333 use and restricted use dealer inspections, achieving 110% of their
target.
22
-------
FY 1991 Fourth Quarter STARS Report OPTS
Addressing Significant Noncompliance (SNCV
At the beginning of FY 1991,6 FIFRA violations were outstanding for pre-FY 1991 Significant
Noncompliers (SNCs); at the end of fourth quarter, all 6 cases were issued and 2 were closed.
In FY 1991, one new violation was detected and issued (by Region VTJI); the SNC case was
issued within the targeted 180 days from date of inspection.
Enforcement Actions
The Regions issued 299 administrative complaints in FY 1991 compared to 402 for FY 1990.
In FY 1991, 1 civil and 2 criminal FIFRA cases were referred to the Department of Justice.
Environmentally Beneficial Expenditures
In FY 1991,14 FIFRA cases were settled with environmentally beneficial expenditures, all within
Region VTJ.
TOXIC SUBSTANCES CONTROL ACT (TSCA)
Inspections And Compliance Levels
The regions and Headquarters completed 1854 TSCA compliance inspections; this is 114% of
their FY 1991 target. States with inspection grants conducted 2039 inspections or 90% of their
FY 1991 quarter target. Of the total 3,893 inspections conducted through fourth quarter, 37%
were in compliance, 48% were pending a compliance determination and 15% were in violation.
During FY 1990, the regions and Headquarters completed 110% and states had completed
101% of their targets.
Under the TSCA New Enforcement Initiatives, 65 hexavalent chromium inspections were
conducted and one violation was detected in FY 1991.
Response To Significant Noncompliance
At the beginning of FY 1991, the regions had 405 violations outstanding for pre-FY 1991 SNCs.
As of the end of fourth quarter, 393 actions were issued and 156 cases were closed. In FY
1991 cases, 174 violations were detected, 149 actions issued and 24 cases closed.
For federal facility SNCs, the regions detected 39 violations, issued 38 actions, and closed 24
cases for their pre-FY 1991 SNCs; 20 violations were detected, 15 actions issued, and 9 cases
closed for FY 1991 SNCs.
Under the TSCA SNC measure, only PCB, AHERA and Asbestos Worker Protection cases are
targeted for 180 day issuance; for FY 1991, there are individual targets for each region. Under
the targeted cases, none of the regions met their target for pre-FY 1991 SNC cases during
fourth quarter. Region VI did not issue any pre-FY 1991 SNC cases. For FY 1991 cases,
23
-------
FY 1991 Fourth Quarter STARS Report OPTS
Regions I, II, HI, VII and X met their fourth quarter target.
Enforcement Activity
In FY 1991, the regions issued 424 administrative complaints compared to 531 a year ago. [The
FY 1990 figure for TSCA administrative complaints is unusually high compared to the 538
administrative complaints issued in FY 1989 which included 130 complaints under EPCRA.]
In FY 1989 538 administrative complaints were issued which included 130 for EPCRA. Twelve
TSCA civil cases and 3 criminal case were referred to DOJ in FY 1991.
Environmentally Beneficial Expenditures
In FY 1991, 60 TSCA cases were settled with environmentally beneficial expenditures.
EMERGENCY PLANNING AND COMMUNITY RIGHT-TO-KNOW ACT (EPCRA)
Inspections And Compliance Levels
In FY 1991, the regions completed 607 EPCRA inspections or 110% of their target. In FY
1990, 106% of the targeted inspections were completed.
Response To Significant Noncompliance
At the beginning of FY 1991, 297 EPCRA SNC violations were outstanding for pre-FY 1991
SNCs; by the end of fourth quarter, 273 actions had been taken and 151 pre-FY 1991 SNC
cases were closed. Through fourth quarter, 91 FY 1991 SNC violations were detected, 83
actions were issued, and 28 cases were closed.
For the cases SNC targeted for issuance within 180 days of inspection, there are individual
regional targets. Regions III and X met their targets for pre-FY 1991 SNC cases; Regions IV
and VII did not issue any pre-FY 1991 SNC cases. Regions I, ffl, VI, VII, VIE, IX, and X met
their targets for issuing FY 1991 SNC cases; Region IV did not issue any FY 1991 SNC cases.
Enforcement Activity
In FY 1991, 179 administrative complaints were issued by the regions compared to 206 in FY
1990; of the 179, 21% of the administrative complaints were issued by Region II. No civil or
criminal cases were issued in FY 1991.
Environmentally Beneficial Expenditures
In FY 1991,62 EPCRA cases were settled with environmentally beneficial expenditures; Region
II closed 26 of these cases or 42% of the national total. [Under a pilot in Region II, the
Environmental Services Division Director has special authority to sign off on administrative
complaints and negotiate settlements under EPCRA.]
24
-------
FY 1991 Fourth Quarter STARS Report OSWER
OFFICE OF SOLID WASTE AND EMERGENCY RESPONSE
INTRODUCTION
OSWER's mission is "to protect
human health and the environment
from unacceptable risks posed by
solid and hazardous wastes as well
as the release of oil and chemicals
into the environment." OSWER's
Strategic Plan outlines four major
program objectives to accomplish
this. This report organizes OSWER's
progress by program (RCRA, UST,
Superfund, and CEPP) and by major
program objectives from the OSWER
Strategic Plan.
QSWER's MAJQfr PROGRAM OBJECTIVES
1. Minimize the quantity and toxicity of waste created by
commercial, domestic, and governmental activities;
2. Ensure environmentally sound management of solid and
hazardous wastes;
3.Prevent harmful releases of oil and hazardous substances
into the environment; and
4. Prepare for and respond in a timely and effective manner
to releases of hazardous materials into the environment.
RESOURCE CONSERVATION AND RECOVERY ACT (RCRA)
MINIMIZE THE QUANTITY AND TOXICITY OF WASTE CREATED BY
COMMERCIAL, DOMESTIC, AND GOVERNMENTAL ACTIVITIES
The Offices of Solid Waste (OSW) and Waste Programs Enforcement (OWPE) developed a
draft RCRA Waste Minimization Action Plan (sent to the Regions in October 1991 for
review and comment). Its goal is to integrate source reduction and recycling wherever
possible into implementation of the RCRA program. The plan will be updated annually.
Objective 1.1: Source Reduction and Recycling Bv Industries
OSW will incorporate source reduction
and recycling into the listings process
for new wastes, and in treatment
requirements for wastes under the land
disposal restrictions. OSW will use data
on generation and management of
hazardous waste to target areas,
facilities, waste, and industries where
waste minimization may be most useful.
OSW awarded grants to two major
waste exchanges for a comprehensive
network to increase the market for
recyclable wastes and serve as an
information transfer on source
reduction and recycling technologies.
POSSIBLE WASTE MINIMIZATION PROJECTS
Surveying facilities to characterize baseline waste
generation and pollution prevention activities.
Assisting to identify opportunities in mining, oil and
gas, and mineral processing wastes.
Participating in facility specific, state specific, and
industry specific projects led by other offices.
Participating in CAA MACT regulations development
to incorporate source reduction.
Develop a compendium of waste minimization
techniques that work, and listing the industries to
which these may be applicable.
25
-------
FY 1991 Fourth Quarter STARS Report
OSWER
Product Life Cycle Assessment:
OSW is in process of developing (over two years) a standardized product life cycle
assessment methodology to assist industry, government, and the public in determining the
total environmental impacts of products and processes.
Measures of Progress:
In July 1991, OSW published the 1987 National Biennial Report on RCRA hazardous
waste. For the first time, waste minimization information was collected from 7,716 sites
(42% of the sites which filed, 20% of the 238 million tons of RCRA hazardous waste
generated). While not representative, this information provides insights into waste,
minimization efforts. Most (64%) of the sites responding reported they created or
expanded waste minimization programs, and most (69%) of these were manufacturing
companies. Predominantly this was waste auditing (63%), but also included employee
training (47%), written policies (41%) and employee incentives (21%). Here are what
these sites reported as waste minimization activities.
BETTER OPERATIONS OR PROCEDURE MODIFICATIONS
WERE THE PRIMARY SOURCE REDUCTION ACTIVITIES IN 1987.
27
Better Housekeeping/Operations
Process Modification/Substitution
Equipment/Technology Modification
Input/Raw Materials Substitution
Waste Stream Segregation
Other Source Reduction Activity
Reform/Redesign Product
0% ?0% 20%
Source: 1987 National Biennial RCRA Hazardous Waste Report, p. 10.
30
The factors delaying or preventing
source reduction activities in 1987 were
technical limitations of the production
process followed by lack of technical
information on source reduction
techniques that applied to the
respondents' specific production
process.
FACTORS DELAYING OR PREVETJTTNG SOURCE
REDUCTION dhof Respondents!
Technical limitations of the production process (33%)
Lack of technical information (32%)
Concern that product quality may decline (30%)
Economically unfeasible (27%)
Insufficient capital (25%)
Other factors (20%)
Permitting burdens (9%)
26
-------
FY 1991 Fourth Quarter STARS Report
OSWER
Measuring Waste Minimization:
EPA is developing ways to better
measure the efforts and effectiveness of
industries and States at waste
minimization. All sectors of society will
be expected to be able to measure the
gams made in waste minimization. OSW
has initiated several projects to do this.
MEASURING WASTE MINIMIZATION
Develop methodology to evaluate State Waste
Minimization claims in their Capacity Assurance
Plans (CAPS);
Study why different sectors of society want or need to
measure progress made in waste minimization; and
With OTS, investigate common data elements of the
TRI and Biennial Report databases to better
understand how to measure waste minimization.
Objective 1.2: Markets For Secondary Materials
STARS tracks progress toward
development of regional plans to
implement the federal procurement
guidelines. Regions m, IV, VI, Vffl, and
IX have submitted plans to implement
the guidelines (see text box). Also
OSW has recently awarded a waste
exchange computerized network grant
to the Pacific Materials Exchange in
Washington, and to Waste Systems
Information in Michigan.
REGIONAL ACTIVITIES AS OF OCTOBER 1991
Regions have held procurement workshops and
vendor shows promoting procurement of materials
with recycled content.
Regions have conducted tests of recycled copying
paper.
Regions have met with various federal agencies
promoting implementation of procurement
guidelines.
Objective 1.4: Pollution Prevention through the Coordinated Use of Permitting
OSWs recent draft waste minimization action plan also has several state components.
There are several criteria for authorization of a state plan, one of which is the development
of a state plan. OSW is participating in Agency-wide multi-media pilot projects with the
States of Kansas, Massachusetts, and New Jersey to explore multi-media permitting to
promote pollution prevention. The RCRA Implementation Plan provides flexibility to
States to reset activities based on waste minimization priorities, if the State deems it
appropriate. In the future, OSW plans to summarize how States and Regions are
addressing waste minimization in permits.
27
-------
FY 1991 Fourth Quarter STARS Report
OSWER
ENSURE THE ENVIRONMENTALLY SOUND MANAGEMENT OF SOLID AND
HAZARDOUS WASTES
Objective 2.1: More Effective and Rational RCRA Subtitle C Program
State Authorization:
STARS tracks the number of States authorized to carry put several parts of the RCRA
program. Currently, all but five States (Hawaii, Alaska, California, Wyoming, and Iowa) are
authorized for the RCRA base program, as well as Guam and the District of Columbia.
There are 27 States authorized for the RCRA Mixed Waste program. South Dakota joins
seven other states (Idaho, Utah, Colorado, Texas, Minnesota, Illinois, and Georgia) to be
authorized for the RCRA Corrective Action program (see maps on next page).
Permitting:
Almost all of the 238 million tons of hazardous waste generated (96%) is treated on-site,
with only 4 million tons (4%) sent off-site to RCRA waste management facilities (1987
National Biennial Report, p. 2-22). All hazardous waste management facilities are
controlled through RCRA permits, whether on-site or off-site.
THIS YEAR, THE NUMBER OF
STORAGE & TREATMENT FACILITIES GREW SOME,
LAND DISPOSAL FACILITIES GREW SLOWLY, AND
INCINERATORS DECREASED SLIGHTLY.
3500T
%
&
S
3000 "
2500'
2000'
1500-:
1000"
500"
LDFs
1,620
Incinerators
+
-f-
264
88 '89 "90 "91
Sourc*: RCRA Fialitifn Monthly Reports for Septomberl 988,1989,1990,1991;PSPD,O$W.
STARS tracks regional permitting and closure activities for about 5,333 storage and
treatment, land disposal facilities, and incinerators (numbers do not sum due to multiple
units). As of the fourth quarter, the Regions met three of four national targets: final permit
determinations for storage and treatment facilities (131 done, 119 targeted), and closure
plans approved for land disposal facilities (68 done, 47 targeted) and for incinerators (11
done, 1 targeted). The Regions almost met their targets for issuing post closure permits for
land disposal facilities (49 done, 94% of 52 targeted).
28
-------
FY 1991 Fourth Quarter STARS Report
OSWER
ALMOST ALL THE STATES ARE AUTHORIZED
TO CARRY OUT THE RCRA BASE PROGRAM .,
... AND HALF THE STATES ARE AUTHORIZED
TO CARRY OUT THE MIXED WASTES PROGRAM.,
... BUT FEW STATES ARE AUTHORIZED
TO CARRY OUT THE CORRECTIVE ACTION PROGRAM.
SOURCE: State A Regional Programs Branch, PSPD.SWO
29
-------
FY 1991 Fourth Quarter STARS Report OSWER
New rules which expand the hazardous waste universe have brought additional facilities
under RCRA regulation since 1988. Trends in RCRA permitting and closure activities
over the last three or four years show the degree of control established by these permits
over facilities that process hazardous wastes (see chart on next page):
storage and treatment facilities increased in number to 3,413 this year, perhaps due to
an expanded universe brought in by new rules;
land disposal facilities, which pose the greatest potential for groundwater degradation,
have increased slightly in number. Few are permitted (13%) and the majority (71%) are
closed or closing; and
incinerators are few in number and 68% are controlled by permits, another 25% are
closed or closing, with 7% in interim status with some controls (not as extensive as if
permitted).
Corrective Action: STARS tracks progress at RCRA facilities in several stages of the
RCRA Corrective Action process. As of the fourth quarter, the Regions as a whole met
one of three targets, including:
information collection and study activities (Stage I) were completed at 167 facilities
(89% of 188 targeted);
remedy development and selection activities (Stage II) were completed at 51 facilities
(of 52 targeted);
remedy implementation activities (Stage III) were completed at nine facilities (of 12
targeted); and
interim measures have been required at 22 sites.
Measures of Progress:
In July 1991 OSW published the 1987 National Biennial Report on RCRA Hazardous
Wastes. It reported on responses from 17,677 large quantity generators of 238 million
tons of hazardous waste. The five largest hazardous waste generators reported more than
57% of the total generated, and the 50 largest generators reported more than 90% of the
total. Most of the largest RCRA hazardous waste generators are in the manufacturing
sector, primarily chemical manufacturing and oil refining.
30
-------
FY 1991 Fourth Quarter STARS Report
OSWER
STORAGE & TREATMENT FACILITIES PERMITTED OR CLOSED
HAVE INCREASED FROM 51% TO 70% SINCE 1988
100%
Interim Status
^^^mf******?**
Closed/Closing 24%
Permitted/Being Permitt
0%
88
LAND DISPOSAL FACILITIES CLOSED WENT FROM
64% LAST YEAR TO 71% THIS YEAR
100%
80%
60%
40%
20%
Interim Status
Closed/Closing 71%,
f.> f +.ffffjtr.j
"
Permitted/Being Permitted
'89 "90
84%
13%
INCINERATORS PERMITTED OR CLOSED HAVE GONE FROM
83% LAST YEAR TO 93% THIS YEAR
1
-------
FY 1991 Fourth Quarter STARS Report
OSWER
Development of Environmental Indicators:
OSW published a draft report on
RCRA Environmental Indicators in
November 1991. It discusses the most
promising indicator categories (waste
minimization, safe management, and
corrective action), and outlines a
schedule for reporting.
Data Management:
SCHEDULE FOR RCRA ENVIRONMENTAL
INDICATORS
12/91* Compile data from existing data sources (RCRIS
and Biennial Report System) for summary on
four short-terra indicators
7/92- Final repeat on RCRA Environmental Indicators
Future- Investigating feasibility of additional indicators
which may require changes in data systems
(RCRIS & BRS)
OSW has carried put an intensive effort over the last two years to upgrade its data
management capabilities. One upgrade was to develop a new RCRA Information System
(RCRIS) into which all States were to put their hazardous waste reports by January 1992.
As of October 1991, half the States were reporting data into RCRIS and OSW expected all
States to report data into RCRIS by spring or summer of 1992. Also, OSW has developed
an automated data base for the Biennial Report on RCRA hazardous wastes. This
Biennial Report System (BRS) had all the 1987 data from States entered by spring 1991,
and over half of the 1989 data from States was entered by November 1991.
Objective 2.3: Managing Special Wastes In An Environmentally Sound Manner
The Policy Dialogue Committee on Mining Waste, a group composed of environmentalists,
states, federal agencies, and mining industry representatives, has been meeting for several
months to discuss proposals for a modified mining waste program. This committee
anticipates that a reauthorized RCRA will address mining wastes. The information
developed by this committee will assist the Agency in regulation development.
32
-------
FY 1991 Fourth Quarter STARS Report
OSWER
RCRA ENFORCEMENT
ENSURE THE ENVIRONMENTALLY SOUND MANAGEMENT OF SOLID AND
HAZARDOUS WASTES
Objective 2.1: More Effective and Rational RCRA Subtitle C Program
In FY 1991, the RCRA program focused 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). The Agency will emphasize
innovative enforcement techniques
and pollution prevention by
examining the role inspectors 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 FY 1991, both EPA and the states performed well on yearly inspections targets
for land disposal facilities (1,298 against a target of 1,193 (109%)); for treatment, storage
and disposal facilities (1,785 against 1,503 (119%)) and for federal, state and local
treatment, storage and disposal facilities (434 against 431 (101%)).
Priority enforcement attention will be paid to violations,
releases, and threatened releases that involve:
(1) Commercial facilities receiving classified wastes under
CERCLA
(2) T,-an
-------
FY 1991 Fourth Quarter STARS Report OSWER
Addressing Significant Noncompliance:
For this measure, significant noncompliers (SNCs) are all handlers including TSDFs as
well as transporters, generators and non-notifiers that are High Priority Violators and are
identified during FY 1991. At the end of the year, the RCRA program reported 709 SNCs,
of which 134 (19%) had been addressed by a formal enforcement action, but have not
returned to physical compliance. Since October 1, 1990r 29 SNCs have returned to
compliance without an enforcement action. Of the 709 SNCs, 303 (43%) had not
received a formal enforcement action within 135 days of the inspection.
RETURN TO COMPLIANCE
Several new measures were added for FY 1991 to track the number of facilities in significant
noncompliance (SNCs) which returned to compliance. As of October 1,1991, there were
533 SNCs out of compliance as a result of an inspection conducted prior to October 1,1988
(three years prior). By the end of the year, nine SNCs has returned to compliance with all the
violations that caused them to be in SNC. Fifteen facilities in SNC were currently undergoing
legal proceedings and 15 had formal final enforcement actions and are complying with their
compliance schedules.
Federal Facility Enforcement:
At the end of FY 1991, 56 federally owned or operated TSDFs were in SNC.
Twenty-five (45%) had been addressed with one or more initial enforcement actions, but
had not returned to compliance. Twenty-nine federal TSDFs in SNC did not receive a
formal enforcement action within 135 days of the inspection. Three federal facilities, where
EPA had the enforcement lead, had the final Regional action completed within 120 days
of the initial action.
Enforcement Activity:
During FY 1991, EPA referred 29 RCRA civil and 36 criminal cases to the U.S.
Department of Justice compared to 18 civil and 22 criminal cases last year, while the states
filed 63 civil cases against Subtitle C handlers compared to 64 last year. EPA and the
states issued 1,859 formal administrative actions compared to 1,716 last year.
34
-------
FY 1991 Fourth Quarter STARS Report OSWER
OFFICE OF UNDERGROUND STORAGE TANKS
PREPARE FOR AND RESPOND TO HAZARDOUS RELEASES
Objective 4.2: Improve Identification and Remediation of Hazardous and Petroleum
Waste Sites
Number of sites addressed:
There has been a 94% increase in
the number of emergency responses
to leaking underground storage
tanks over the last two years, from
801 in FY 1990 to 1,557 in FY
1991. Similarly, there has been a
106% increase in the number of
tank closures the last two years,
from 66,456 in FY 1990 to 136,648
in FY 1991.
SUMMARY OF OUST ACCOMPLISHMENTS
Increase in emergency responses to leaking USTs
Increase in tank closures
Slight decrease in initiating cleanups to leaking USTs as
program matures
TQM projects with States to streamline corrective action
PRPs cleanup 97% of leaking USTs
Increase in sites with cleanups completed
Eight States applied and four States authorized for EPA
approved UST/LUST programs
As the program matures and more sites near completion of cleanups, the number of leaking
UST cleanups initiated has decreased as state staff oversee both. During FY 1990, there
were 31,214 LUST cleanups initiated, while in FY 1991 there were 27,736 (an 11%
decrease). In addition, there was a $10 million decline in LUST trust fund monies to the
States in FY 1991. OUST has initiated several projects with the States, including the use
of total quality management principles in streamlining the corrective action process.
Percentage of response actions taken by responsible parties:
Of cleanups initiated, responsible parties started out at 95% in the first quarter of FY 1989,
averaged 96% for FY 1990, and 97% in FY 1991, a gradual increase over time.
Number of sites achieving permanent risk reduction:
Through FT 1991, cleanups were completed at 26,666 sites, an increase over 16,905 sites
with cleanups completed through FY 1990.
Objective: Enhance State Capabilities to Cleanup Ha7rardous & Petroleum Waste Sites
Increase in the number of States running EPA approved UST/LUST programs:
Fifty-five States and territories currently implement state UST/LUST programs. Of these,
eight have submitted completed applications for EPA approval, and four have received
EPA approval. New Mexico and Mississippi were the first two programs to receive
approval, and Georgia and New Hampshire received approval during third quarter of FY
1991.
35
-------
FY 1991 Fourth Quarter STARS Report
OSWER
SUPERFUND
PREPARE FOR AND RESPOND TO HAZARDOUS RELEASES
Objective: Improve Identification and Remediation P,f Hazardous and Petroleum Waste
Sites.
The Superfund program addresses the government's response to:
hazardous substance release or substantial threat of release in the environment; and,
pollutant or contaminant releases or substantial threat of release which may present an
imminent or substantial danger to the public health or welfare.
Superfund encompasses different areas of activity through remedial and removal actions,
and enforcement. The programmatic activity, as it is tracked in STARS, will be discussed
for each of these areas.
SUPERFUND REMEDIAL PROGRAM
NATIONAL PERFORMANCE PROFILE
As of September 30,1991
ActMl/Tngct
Currant Qutntr
Ste
Inspections
RI/FS
+
Removals
RODS
Remedial
Design
Completions
Remedial
Action
Starts
Completion
of
Remediation
Remedial Program Overview: Using recent STARS data, the chart above shows a national
performance summary of the major stages in the Superfund remedial program "pipeline."
While comparison between progress at certain stages in the pipeline is not appropriate,
this diagram does indicate areas where progress is slow, and suggests where backlogs may
occur.
This is the first quarter that Superfund has exceeded all STARS nonenforcement targets.
For several years, Regions have surpassed the targets of the earliest stages of the pipeline,
while later stages of the pipeline, such as Records of Decision (RODs) or Remedial
Designs, have often been below target
36
-------
FY 1991 Fourth Quarter STARS Report
REMEDIAL AND REMOVAL PROGRAM
OSWER
The Superfund Remedial Program can be divided into three general activity stages: Pre-
Remedial Investigation, Remedial Alternatives Evaluation, and Remedial Action
Implementation. STARS tracks key program activity in each of these stages.
Pre-Remedial Investigation
Site Inspections: In fourth quarter, Regions completed 2,055 site inspections (SI),
exceeding the national target (111%). Of these, 74% are sites requiring further action.
Remedial Alternatives Evaluation
Site Activity Starts: STARS tracks a combination of Remedial Investigations / Feasibility
Studies (RI/FS) at NPL sites plus removal starts, even though removal actions are not
exclusive to NPL sites. In addition, a removal may occur at any time, before or during the
remedial process. The Regions addressed 38 sites in FY 1991, about 94% of the NPL.
Records of Decision: Nationally, the Regions accomplished
101% of target, completing 177 of 175 targeted RODs. In
FY 1990, Regions had completed 90% of target.
Federal Facilities: There were 20 RODs completed out of 25
targeted.
116 RODs* were completed
in fourth quarter.
Federal
'Facilities
EOYFY90
Actual (152)
Remedial Action Implementation
Remedial Designs: Regions completed 133 of 117
targeted remedial designs. Last quarter, Regions
completed 62 (76% of target) RDs. In FY 1990,
Regions had completed 130 RDs, (86% of target).
01 2 3 4
FUND, PRP. and Federal Facility
Four Regions Missed Their
Remedial Action Target.
Ttrgei
.Actual-
Superfund was required under SARA to start 200 RAs from
October 1989 to October 1991. The goal was not met, with 76
RAc turted in FY 1990. As of this writing, the RA Suns targets
for FY 1992 have not been established.
9 10
Remedial Actions: Regions started 55 remedial actions (RAs), against a target of 47. Last
quarter, Regions had started 19 of 31 targeted RAs. One year ago, Regions had started 76
(59 were targeted).
Completion of Remediation: Regions completed 67 remedial actions, surpassing the EOY
national target of 45.
37
-------
FY 1991 Fourth Quarter STARS Report OSWER
SUPERFUND ENFORCEMENT
PREPARE FOR AND RESPOND TO RELEASES
Objective: Identification and Remediation of Hazardous and Petroleum Waste Sites
In die OE Docket, the toul number of CERCLA Section
107 cost recovery referrals to DOJ. including those less
than $200,000 and those involving proof of claim
bankruptcy issues, was 93 for FY 1991 compared to 80
last year. The total number of CERCLA referrals was
164 compared to 157 last year.
The Agency will continue to enforce
administrative orders and consent decrees
already in force. 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 §122 settlement tools without compromising environmental goals by establishing
guidelines for the use of deminimis 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.
Enforcement Activity Cost Recovery Referrals
During FY 1991, there were 70 Section 107 cost
recovery referrals (greater than or equal to
$200,000) to HQ or DOJ for pre-remediaJ action
(against an end of year target of 55). There were
four Section 107 cost recovery referrals for
remedial action (against a target of 13). The dollar
value of the Section 107 cost recovery cases to
DOJ was $166,107,000, and the dollar value of
cost recovery settlements during the year was
$125,909,000. There were 101 Section 106 or
106/107 referrals for RD/RA with settlement
(against a target of 83).
Enforcement Activity - Administrative Orders
By the end of the year, the Regions had
issued 121 administrative orders on consent for
removal, RI/FS, remedial design and/or cost recovery. There were 67 unilateral
administrative orders (UAO) issued for removals or RI/FS, and 48 UAOs were issued for
RD/RA (against a target of 31). Overall, there were 269 CERCLA administrative orders
issued in FY 1991 compared to 288 in FY 1990.
In FY 1991, the Superfund enforcement program
followed an "enforcement first" policy for both
recovery and response actions before using the
Fund, except in emergency situations. Key steps
included:
(1) Early use of § 104(e) information requests and
enforcement of §104(e) information requests
when necessary;
Rapid initiation of remedial investigation /
feasibility study (RI/FS) and remedial
design/remedial action (RD/RA) negotiations;
Use of administrative orders if settlements are
not reached and referral of civil cases to the
Department of Justice if that order is ignored;
and,
Lodging and entering of a consent decree once
a settlement is reached.
(2)
(3)
(4)
38
-------
FY 1991 Fourth Quarter STARS Report
OSWER
TECHNOLOGY INNOVATION OFFICE
ENVIRONMENTALLY SOUND MANAGEMENT
Objective: Make Greater Use of Technology for Site Remediation.
In September 1991, the Technology Innovation
Office of OSWER reported on the current status
of Superfund treatment technologies that are
planned for use or are being used at NPL sites.
nationwide. Of the three types of technologies
(treatment, off-site disposal, and containment), this
report focuses on treatment technology. In
second quarter the STARS report included a
summary of innovative treatment technologies in
Remedial Actions. This report summarizes
treatment technologies in emergency response actions.
Emergency response actions are conducted in response to an immediate threat caused by
a release of hazardous substances. To date, innovative treatment has been used in
relatively few emergency response actions. Innovative technologies have been used 18
times in 15 emergency responses. In addition, infrared incineration, no longer considered
innovative, was first used at two emergency response actions.
Alternative treatment technologies are
"alternative" to land disposal. The most frequently
used alternative technologies are incineration, and
solidification-stabilization.
Innovative treatment technologies are
alternative technologies for which lack of data on
performance and cost inhibit their use for many
hazardous waste cleanup applications. In general, a
treatment is considered innovative if it has had
limited full-scale application.
Emergency Responses: Summary of Innovative
Technologies through August 1991*
Vacuum Extraction (1)
In-Situ Rushing (1)
Soil Washing (1)
In-Situ Vitrification (1)
Bfcremediation (5)
The selection for innovative treatment
for removals has remained relatively
constant: one to five selected per year
since 1984. EPA would like to increase
the use of innovative treatment methods
to address emergency response
problems. However, many emergency
responses involve small quantities of
waste or immediate threats requiring
quick action to alleviate the hazard (a
Record of Decision is not required).
Often, emergency activities do not lend
themselves to on-site treatment
approaches. In addition, SARA does not contain the same preference for innovative
treatment for removals as it does for remedial actions. It is expected that more innovative
technology will be used for the larger, less time-critical emergency responses in the future.
Chemical
Treatment (4)
Solvent Extraction (2)
Dechlorinafjon (3)
' Data from CERCUS and from phont surveys of Regional offices.
39
-------
FY 1991 Fourth Quarter STARS Report OSWER
BLANK PAGE
40
-------
FY 1991 Fourth Quarter STARS Report OW
OFFICE OF WATER
INTRODUCTION
The Office of Water (OW) program emphasized sustaining ecological resources and
protecting human health and welfare through the protection, restoration, and
enhancement of the nation's water resources. FY 1991 activities represented a transition
toward implementation of OW's strategic planning efforts begun in 1990. The policy
choices and strategies developed through the planning process emphasize the need for
continued success in established and operating federal/state/tribe regulatory programs, but
also stress the need to build partnerships that will work toward sustainability and
renewability of the nation's water resources. OW's long-term planning also places a
greater emphasis on measuring environmental results, such as: improvement in the
chemical or physical condition of a resource, human health risk reduction, and
demonstrable prevention of degradation of a resource.
This report links water program priorities and themes expressed in OW's Strategic Plan
and the FY 1991 Agency Operating Guidance (AOG) with activity measures tracked in
STARS.
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."
NEAR COASTAL WATERS PERMITS
Keeping with the OW strategic planning objectives to remove impairments from point
sources and to eliminate the discharge of highly persistent, bioaccumulative pollutants,
EPA tracked progress in reissuing combined sewer overflow (CSO) permits in near coastal
waters. CSOs are subject to Clean Water Act (CWA) treatment and compliance
requirements, meaning they must be permitted, meet the more stringent of technology or
water quality-based controls, and must comply with these standards by specified dates.
Permits issued for FY 1991 were done under different definitions across the Regions and
States making reporting for this measure was somewhat erratic. There were no targets,
however, 4 of the 8 Regions with coastal boundaries reissued permits. Regions identify
performance as a function of slow implementation of the increasingly complex CWA
toxicity standards, and the relatively low priority of CSO permits vis-a-vis other regional
or state work. This measure and its reporting process are currently under review by OW.
OCEAN DUMPING
The OW strategic plan identifies ocean dumping as a leading risk to coastal water quality.
41
-------
FY 1991 Fourth Quarter STARS Report OW
In FY 1991, STARS tracked the number of final environmental impact statements (EIS)
completed, and the number of potential dumping sites where final action was taken.
For FY 1991, OW completed 4 of 8 final EIS commitments, and 4 of 10 targeted final
action commitments. Final actions were completed in both Mississippi and Oregon, and
two were completed in California. On-going controversies delayed the completion of 4
Final EIS sites and 6 final action sites: the States of Florida and Louisiana objected to
ocean dumping site designations under their Coastal Zone Management Plans;
Congressional interest in another Region involves a potential Superfund evaluation; and
the recent listing of wild-run salmon as endangered species is slowing EIS preparation on
the West Coast.
NATIONAL ESTUARIES PROGRAM (NEP)
FY 1991 STARS tracked the number of completed Comprehensive Conservation and
Management Plans (CCMPs). CCMPs outline strategic programs critical to
improve/preserve environmental integrity of targeted estuaries. For each program, goals
and key activities are identified as well as the lead agencies responsible for program
activities and implementation costs. Implementation of the CCMP is a key priority in the
OW Strategic Plan toward achieving coastal resource goals. Further, the program's
promotion of State and local government involvement echoes the State and local capacity
theme in the draft Agency-Wide Strategic Plan.
In FY 1991, Puget Sound became the first of 17 NEP identified estuaries to complete its
CCMP. Completion of the Puget Sound CCMP was the result of a joint effort by the
State of Washington and Region X that included extensive collaboration with local
agencies, Indian Tribes, citizens groups and individuals. The 15 Puget Sound CCMP
pograms include traditional OW programs such as shellfish protection and municipal and
industrial discharge elimination as well as a strong multi-media component, and a pollution
prevention program to control household hazardous waste. The plan also includes an
education and public participation program supported by a non-profit Puget Sound
foundation.
Puget Sound was amoung the six estuaries originally identified for the National Estuary
Program in 1987. Between 1987 and 1991, $6, 379,000 was earmarked for the Puget
Sound, and a cumulative total of $52,518,000 in funding went to the 17 the designated
estuaries. All CCMPs are to be completed by FY 1996. In addition, over 30
demonstration projects, undertaken at these estuaries, have been completed. Local
response to the demonstration projects has been highly favorable.
LAKES, RIVERS, AND STREAMS
The OW strategic planning objectives for these natural resource areas include: targeting
high-risk watersheds; reducing threats from nonpoint source runoff; eliminating
impairments due to point sources of toxics, ammonia, chlorine and whole effluent toxicity,
and eliminating discharges of highly persistent bioaccumulative pollutants. The AOG and
accompanying STARS measures support these objectives though the following programs.
42
-------
FY 1991 Fourth Quarter STARS Report
OW
NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM (NPDES)
The NPDES permit program is a priority activity to implement OW's strategy to limit point
source discharges. 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 stormwater.
NPDES Permits
EPA reissued 80% of the FY 1991 target for NPDES major permits. This suggests a
dramatic drop from last year, when performance was 103% of target. Because Region VI
reissues over 40% of all regional permits, the decrease in the number they reissued had a
140%' '
120 %'
UJ
NPOES NON-DELEGATED PERFORMANCE WAS DOWN AGAINST
TARGETS IN FIVE OUT OF SEVEN REGIONS IN FY 1991
100 %t
is 80*
S 60%-
»-
fe 40%-
#
20%-
0%
II
IV
VIII
IX
VI
REGIONS
(Regions III, V. and VII have delegated all permitting to the states.)
o%
DELEGATED STATES IN REGIONS I & X IMPRESSIVELY IMPROVED NPDES
REISSUANCE PERFORMANCE AGAINST TARGETS IN FY 1991
CD FY89
13 FY90
n FY91
III
IV
V VI
REGIONS
VII
VIII
IX
43
-------
FY 1991 Fourth Quarter STARS Report OW
strong impact on overall regional performance. New toxics standards adopted by States
are extremely stringent, making the permit writing process more time consuming. Delays
from legal challenges by permittees to the new regulations have also increased.
Performance in the 39 States with NPDES delegation authority improved from 64% in FY
1990, to 70% in FY 1991 (see chart on previous page). The State of Oregon was cited by
headquarters and Region X as an outstanding example of an efficient state permitting
program. Of the States not meeting targets, California's performance was the weakest.
This is attributable to both budget cuts and to the low priority California gives NPDES.
Although overall delegated State performance has shown improvement over the past few
years, this trend is threatened due to growing budgetary constraints in virtually all the
States, and the more complicated water quality permits being issued.
NPDES Enforcement
Of the 7,175 total major NPDES facilities, 668 or 9% (217 non-municipal + 429 municipal
+ 22 federal facilities) were in Significant Non-Compliance (SNC) during fourth quarter
(down from 747 last quarter).
Last quarter's exceptions list contained 113 major facilities (43 nonmunicipal, 67
municipal, and three federal). During fourth quarter, 45 returned to compliance (12
nonmunicipal and 33 municipal), and 27 were subject to enforcement action (13
nonmunicipal, and 14 municipal). The remaining 41 unresolved facilities (18 nonmunicipal,
20 municipal, and 3 federal) plus 64 new SNCs added as exceptions during the quarter (21
nonmunicipal and 43 municipal) constitute the pending balance of 105 facilities.
Through fourth quarter, EPA issued 1,626 administrative compliance orders, including 84
for failure to implement a pretreatment program and 264 proposed penalty orders for
NPDES violations. States issued 1284 orders, including 218 penalty orders.
Regions referred 78 new NPDES civil cases to the Department of Justice (DOJ) through
the fourth quarter, while States referred 119 cases to their state Attorney's General, filed
58 in State court and concluded 161 cases. States also filed 61 criminal referrals in state
courts.
PRETREATMENT PROGRAMS
Pretreatment programs assure that Publicly Owned Treatment Works (POTW) 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. These audits ensure program effectiveness
and, by law, must be completed once every five years. Although state-completed audits
lagged well below targets in Regions DC and X, national targets were met by both EPA
and the States. Targets for inspections of appoved pretreatment programs were met again
at the national level; however, 5 of 10 Regions (Regions I,V,VII,VIII,X) missed targets
among delegated States, and 5 of 10 Regions (Regions m,VtVI,vn,DC) missed targets for
EPA-led inspections.
44
-------
FY 1991 Fourth Quarter STARS Report
OW
NONPOINT SOURCES
The strategic goal is 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 NFS measures." The objective to reduce threats
and impairments from nonpoint sources appears in almost every natural resource area of
the OW Strategic Plan.
In FY 1991, emphasis has been on the implementation by States and qualified Indian
Tribes of nonpoint source management programs approved under §319 of the CWA, as
amended. To ensure timely implementation of approved program elements, STARS tracks
the number of watershed programs or projects initiated and completed, and programs or
projects initiated but not yet completed in FY 1991. Performance across the nation was
consistent with targets for the number of watershed NPS programs initiated but not
completed in FY 1991; and the number of programs initiated but not yet completed in FY
1991 met expected targets. Performance is up significantly over that of FY 1990 with a
133% increase in program completions, and a 54% increase in the number of programs
initiated.
In addition, FY 1991 marked the first year that state water quality agencies were actively
involved in the selection of watershed projects funded by the U.S. Department of
Agriculture (USDA) for water quality demonstration programs. This interagency targeting
resulted from several years of effort by EPA to persuade USDA to use state §319 water
quality priorities to target these special cost-share funds.
WATER QUALITY STANDARDS
Water quality standards play a critical role in OW's water quality-based pollution control
program. Standards provide the measurable goals for water quality and the legal authority
and regulatory basis for treatment requirements. OW cites the elimination of known
impairments due to point source discharges of toxic pollutants, ammonia, chlorine, and
whole effluent toxicity as
a key direction in its 22 STATES & TERRITORIES ARE NOT YET IN
strategic planning. A key ^\ FULL COMPLIANCE WITH CWA §303(cX2)(B)
direction identified by OW
to implement this strategy
is diligent enforcement of
the CWA requirement
that States develop water
quality standards for toxic
pollutants. The FY 1991
activities for this program
include state adoption of
aquatic life and human ?4
health numeric criteria for
§307(a) priority pollutants,
and completion of triennial
review of State standards.
States Not In Full Compliance
45
-------
FY 1991 Fourth Quarter STARS Report OW
Toxics Criteria (see map on previous page)
The FY 1991 STARS activity measures for this strategy tracked regional approvals of
State adoption of aquatic life and human health numeric criteria for CWA §307(a) priority
pollutants pursuant to §303(cX2)(B). For the year, a total of 20 States adopted human
health standards and 27 States adopted aquatic life standards. Regions IV, V, and VI met
their targets for human health; only Regions V and VI met targets for aquatic life.
Nationally, out of a universe of 57 States and Territories, 35 are in full compliance. EPA
will promulgate numeric criteria for the remaining 22 States (including District of
Columbia, Puerto Rico, and the Common Wealth of the Marianas Islands) by February 18,
1992. This is the single largest EPA promulgation in the history of the CWA.
Triennial Review
States completing the FY 1991-1993 triennial review of water quality standards must
adopt five program requirements: (1) standards that apply directly to wetlands; (2)
standards that apply directly to estuaries; (3) narrative biological criteria in standards to
protect the designated uses for wetlands, estuaries, and other priority waters; (4) salt water
criteria, as appropriate; and (5) anti-degradation implementation methods in standards.
Performance was below expectations in 3 of the 5 Regions with targets. Headquarters
and Regions agree that, historically, first year performance for triennial reviews tends to
lag behind expectations. This is because States are just beginning to assess the
implications of the new review requirements.
CONSTRUCTION GRANTS
FY 1991 was the first year of implementation of OW's Construction Grant Completion
and Closeout Strategy. In order to measure OW progress, a STARS measure was added
to track progress in phasing down of the construction grants program. The national
average was 121% of target, with most states exceeding this number. Region IV exceeded
its target by 179%. Performance was weakest in Regions I and II.
REGIONS I & II LAGGED IN PROJECT CLOSEOUTS
1
III
IV
VI
%/n
VII
VIII
Vill
FYMTvgets
50% 100% 150% 200% 250%
% OF TARGET ACCOMPLISHED
46
-------
FY 1991 Fourth Quarter STARS Report
OW
In some Regions, including Regions I and II, the Office of the Inspector General (OIG), has
limited acceleration of the phase-down by not returning to the Regions the small audit
projects for accelerated completion. Recent OIG guidance, designed to accelerate the
process, increased the dollar amount of grants that are subject to audits. The field office
serving Regions I and II is not returning grants screened-out by the new criteria to the
program office for final processing as quickly as expected. OW and the OIG are working
to assure that the new guidance is consistently followed by all OIG field offices.
Administrative-completions finished the year at 93% of target, a slight improvement over
FY 1990. Cumulative Construction Grants and State Revolving Fund outlays for FY 1991
were within target at 95%; only Regions I and IV failed to reach target.
WETLANDS
In support of the goal of "no net loss," the wetlands program enforces CWA §404 and
uses a variety of strategic initiatives to promote wetlands protection activities, including
advance identifications, comprehensive enforcement actions, public education and
outreach efforts and comprehensive planning.
In FY 1991, the Regions completed 3
advance identifications, 1 major public
education project, 1 comprehensive
enforcement initiative and three
comprehensive planning projects.
Region IV completed 2 Advanced
Identification Initiatives (ADID) in FY
1991. The Northeast Shark River
Slough ADID encompasses
approximately 125 square miles
adjacent to the Everglades National
Park, in Dade County, Florida, and
determined 116.5 square miles as
unsuitable for development. The
second ADID was in West Broward
County, Florida. It encompasses 52
square miles, 60% of which was
identified as suitable for development
and 40% unsuitable for development.
The Corps of Engineers is working to
develop a general permit with
mitigation requirements. The third
ADID was completed in Region Vn.
The City of Eugene. Oregon has developed a wetlands
management plan with the help of technical and financial
sistance from Region X. The plan would allow development
in 360 acres of low value wetlands out of 1430 acres of
wetlands in the West Eugene area. A mitigation bank is being
developed that would compensate for the developed wetlands by
restoring a corridor of wetlands adjacent to the Amazon
Channel that runs through the middle of West Eugene. This
area would serve as a greenway as well as a means to reconnect
existing high quality wetlands to provide a wildlife corridor
through the urban setting.
The planning effort was begun in 1988 after discovery that the
areas slated for industrial and commercial development were
dominated by wet prairie wetland, a relatively rare remanant
wetland community that used to cover much of the Willamette
Valley. The planning effort succeeded due in large pan to an
excellent public involvement process and an appropriate, but
unobtrusive, level of oversight by federal and State technical
experts. The West Eugene planning effort could serve as a
national model for addressing wetland protection and growth
management conflicts.
Region IV also completed a study entitled High Risk Geographic Areas Targeted For
Wetlands Advance Identification. The list identified wetlands in danger of being harmed
by urban, silviculture, and/or agricultural stressors. The Region gave higher priority to
those wetlands potentially affected by urban stressors. The study was based primarily on
data from the U.S. Census Bureau and USDA.
47
-------
FY 1991 Fourth Quarter STARS Report OW
SECTION 404 ENFORCEMENT
The Federal wetlands enforcement program issued 119 administrative orders through the
fourth quarter, including 21 for penalties. EPA also referred 11 new civil judicial cases to
DOJ during the fiscal year. Region HI resolved 138 wetlands enforcement cases, including
125 cases resolved through voluntary compliance or informal processes. The Regions
resolved a total of 300 wetlands enforcement cases in FY 1991.
DRINKING WATER
The goal of this program is to ensure that drinking water is of sufficient quality to protect
human health. The drinking water program is expanding rapidly and its priorities for
accomplishing this goal are described in the OW Strategic Plan and the FY 1991 AOG as:
regulation development, implementation, compliance and enforcement, and mobilization.
In FY 1991, only enforcement activities were tracked in STARS.
PUBLIC WATER SYSTEMS SUPERVISION ENFORCEMENT
Through third quarter (with the exception of Timely and Appropriate enforcement
response data, PWSS data are lagged one quarter), OW reported 1,844 Community Water
Systems (CWS) and Nontransient Noncommunity Water Systems (NTNCWS) to be in
significant noncompliance (SNC) for microbiological/ turbidity, and 801 for chem/rad.
Follow-up of the 464 SNCs for M/T previously reported as new in first quarter FY 1991
has resulted in 42% being resolved by either returning to compliance or by an
enforcement action during the timely and appropriate period. The remaining 271 systems
were added to the exceptions list. Follow-up of the 147 new chem/rad SNCs for the same
period resulted in 70% being resolved and the remaining 44 systems being added to the
exceptions list.
Of the 739 exceptions for micro/turbidity/TTHM identified at the beginning of third
quarter, 30% were resolved by either returning to compliance or initiating enforcement
action by the end of the quarter. The other 514 systems remain to be addressed. Only
22% of the 194 chem/rad exceptions were resolved for the same time period, leaving 152
systems to be addressed.
Third quarter EPA enforcement activity (data are lagged one quarter) included issuance of
1,055 notice of violations, 105 proposed administrative orders, 28 final administrative
orders, ten complaints for penalty and referral of two civil judicial cases. States issued 428
administrative compliance orders, referred 59 civil cases and filed two criminal cases.
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. Ground-water protection programs represent both significant challenges and
48
-------
FY 1991 Fourth Quarter STARS Report
OW
opportunities since they encompass both pollution pevention and cross-media aspects.
The strategic plan focuses on increasing state/tribal and local capacity to prevent
contamination by means of a variety of technical, educational, planning, and enforcement
mechanisms.
STATE GROUND-WATER PROTECTION PROGRAMS
OW received a major boost to its ground-water strategy through the final report of the
EPA Ground-Water Task Force, Protecting the Nation's Ground Water: EPA's Strategy
for the 1990's. This report, completed in third quarter FY 1991, sets out recommendations
for providing EPA with a more integrated and effective approach to comprehensive
protection of ground-water resources. Performance highlights for FY 1991 include
completion of 52 of 53 targeted state ground-water protection profiles. These profiles,
prepared by the Regions, will serve as the cornerstone for the Agency's FY 1992
activities aimed at developing national guidance for Comprehensive State Ground Water
Protection Programs.
WELLHEAD PROTECTION PROGRAM (WHP)
The FY 1991 AOG and strategic plan goals support continued development and
implementation of state wellhead protection programs. This program is slated as one of
OW's key pollution
STATE WELLHEAD PROTECTION PROGRAMS
October 1991
Approved for FY 1991
! Targeted but not Approved in FY 1991
prevention activities. It
was expected that each
Region would work to
increase the number of
States with approved
programs to ensure that
60% of the States would
have a WHP in place by
the end of FY 1991. Of
the 12 States with
commitments for program
approval, only 4 were
approved, bringing the '*
national total to 17 of 57
States and Territories, or
30%, with approved
programs. Of the other 8
States with commitments
to approve, 5 submitted
programs were judged to be inadequate by the Regions, while 2 States suffered setbacks
from staff turnovers and hiring freezes. The remaining State had difficulty getting final
internal sign-off of their submittal. Seven Regions had targets for program approval; only
Regions V and VII met their targets.
Although the 1986 amendments to the Safe Drinking Water Act (SDWA) directed States
to submit WHP programs by June 1989 for EPA review and approval, the program has
49
-------
FY1991 Fourth Quarter STARS Report OW
never been funded by Congress. Wellhead protection, however, is considered by the EPA
Ground-Water Task Force a critical component of a mature comprehensive ground water
protection program. This factor should, consequently, increase die Agency's leverage to
get WHP programs in place nationwide.
UNDERGROUND INJECTION CONTROL (UIC)
The OW Strategic Plan identifies management of Class IV and V wells as one of two major
undertakings of the UIC program with the ultimate goal of eliminating identified Class IV
and known endangering Gass V wells by 1995. The other major goal relates to ensuring
compliance of Class I, II, and ni and permitted Class V wells. Strategies for the UIC
program include targeted enforcement and mechanical integrity testing to achieve the
program's pollution prevention goal. It is expected that OW will propose comprehensive
regulations for Class V wells in FY 1992.
Mechanical Integrity Tests (MIT)
In FY 1991, EPA met or exceeded all but two regional MIT targets. The Region VI
program experienced inclement weather in fourth quarter, resulting in an 11% (58 wells)
shortfall; and the Kansas State program in Region VII reported the financial problems of
operators as the cause of a 6% (352 wells) shortfall.
UIC Enforcement
Field inspections, MITs and self-reporting through third quarter have identified 2,363
wells as being in SNC (1,818 by the States and 545 by EPA).
Office of Ground Water and Drinking Water reported 353 wells on the exceptions list at
the beginning r-f the quarter. Even though wells returned to compliance, or were
addressed by an enforcement action, the exception list only decreased by one at the end
of the quarter. Regional performance varied. For exmple, in Region V wells on the
exceptions list decreased by 44, while they increased by 41 in Region I.
Through fourth quarter, EPA proposed 134 administrative orders (including ten issued by
Headquarters, the first national orders issued under SDWA authority), and referred three
civil judicial cases to DOJ. States issued 538 final administrative orders.
50
-------
FY 1991 Fourth Quarter STARS Report OE
OFFICE OF ENFORCEMENT
INTRODUCTION
The Office of Enforcement (OE) Strategic Plan is an operative guide for media-specific, cross-
program, and multi-media enforcement. Activities within OE's purview are being aimed toward
targeting compliance monitoring and enforcement resources to achieve environmental results,
screening for enforcement response in order to realize the full potential of enforcement
authority, and gaining maximum leverage from each individual enforcement action.
CIVIL ENFORCEMENT
CONSENT DECREE REVIEW
During FY 1991, OE reports reviewing and forwarding 75 consent decrees to the Department
of Justice (DOJ). Of the 75 consent decrees: 28 were referred under CAA; 33 were referred
under CWA; 1 was under SDWA; 6 were under RCRA; and, 7 were referred under CERCLA.
The average review time for FY 1991 consent decrees was 24 days with review times ranging
from 1 to 114 days. During FY 1990, the average review time was 26 days with review times
ranging up to 186 days.
CONSENT DECREE TRACKING AND FOLLOW-UP
Regions report there were 686 active consent decrees at the end of fourth quarter, FY 1991;
of these, 538 (78.4%) were reported in compliance. Of the remaining consent decrees: 76
(11.1%) were in violation and had an enforcement action taken; 29 (4.2%) were in violation'
and had a formal enforcement action planned; 13 (1.9%) were in violation but had no formal
action planned or deemed necessary; and, the status of 30 (4.4%) consent decrees was unknown
or unreported.
CIVIL REFERRAL ACTIVITY
During FY 1991, the Agency referred a total of 393 new civil cases to DOJ. The regions
referred 364 new cases (including two EPCRA cases) directly to DOJ and 19 new cases directly
to Headquarters (HQ) during the year; of these regional referrals, 168 (46.2%) were referred
to DOJ and 6 (31.6%) to HQ during the final quarter of the fiscal year.
In addition, the regions initiated 101 new pre-referral negotiation cases during FY 1991 (45%
of which were initiated during fourth quarter) compared to a total of 78 in FY 1990. The
regions also initiated 14 new consent decree enforcement cases during FY 1991 compared to
33 during the previous year.
51
-------
FY 1991 Fourth Quarter STARS Report OE
FOLLOW-THROUGH ON ACTIVE CIVIL CASE DOCKET
According to the docket, there were 980 civil cases active (not concluded) at the start of FY
1991. The status of these cases at the end of FY 1991 was as follows: 195 were pending at
DOJ; 62 were returned to the regions; 26 were concluded before riling; 521 were filed in court;
and, 176 were concluded after filing. Of the 980 active pre-FY 1991 cases, 270 have been
ongoing for more than two years since being filed.
New active FY 1991 civil cases are those cases referred to DOJ on or after October 1, 1991.
One hundred sixty new FY 1991 civil cases were referred to DOJ during fourth quarter bringing
the cumulative number of FY 1991 civil case referrals to 393 (total includes 10 CAA Mobile
Source cases). The status of FY 1991 civil case referrals at the end of FY 1991 (not including
the Mobile Source cases) was as follows: 264 were pending at DOJ; 82 were filed in court; 10
were concluded before filing and 23 were concluded after filing; and, 4 referrals were returned
to the submitting region.
FY 1991 CONCLUSION OF CIVIL CASES
Seventy-five Superfund (CERCLA) civil cases were concluded during FY 1991; during FY 1990,
57 Superfund cases were concluded. These cases included 5 Section 106 Orders, 30 Section 107
Orders, and 27 Joint Section 106 & 107 Orders. OE will report on FY 1991 civil case penalty
assessments after completion of the National Penalty Policy.
The average time for processing civil cases from filing to disposition (concluded with consent
decree or litigation) during FY 1991 was 742 days (approximately 24 months). During FY 1990,
the average was 508 days (about 16 months).
CRIMINAL ENFORCEMENT
NEW CRIMINAL REFERRAL AdTvnY
There were 150 new criminal investigations opened in FY 1991 (65 with CERCLA aspects)
through the end of fourth quarter; 49 criminal investigations were closed during the year prior
to referral to the Office of Criminal Enforcement. At the end of fourth quarter, a total of 257
criminal investigations remained open (120 with CERCLA aspects).
During FY 1991, the regions referred 89 new cases to HQ (plus one RCRA referral to the
State/Local level) and HQ referred 81 new cases to DOJ. Respectively, during fourth quarter,
43 cases were referred to HQ and 39 to DOJ.
FOLLOW-THROUGH ON ACTIVE CRIMINAL CASE DOCKET
One hundred twenty-six criminal cases were active (referred, but not closed) at the beginning
of FY 1991. The status of these 126 pre-FY 1991 active criminal cases at the end of FY 1991
52
-------
FY 1991 Fourth Quarter STARS Report OE
was as follows: 3 of the cases were under review at DOJ, 34 were undergoing a grand jury
investigation, 42 had charges filed, 27 were closed following prosecution, and 20 were closed
by DOJ without prosecution.
Thirty-nine new criminal cases were referred to DOJ during fourth quarter. During FY 1991,
a total of 81 new criminal cases were referred to DOJ; of these, at the end of fourth quarter,
16 cases were under review at DOJ, 47 were undergoing a grand jury investigation, charges were
filed in 12 cases, 2 cases were closed following prosecution, and 4 cases were closed by DOJ
without prosecution.
During FY 1991, 104 new defendants were charged in criminal cases.
FY 1991 CONCLUSION OF CRIMINAL CASES
OE reports that 48 criminal referrals were concluded during FY 1991 with each referral
resulting in the conviction of defendants. In these 48 cases, 79 defendants were charged during
the year and, of those, 72 were convicted and 7 had cases acquitted or dismissed. These cases
resulted in fines totaling (before suspensions) $14,120,387; 28 of the convicted defendants were
sentenced to incarceration (cumulatively totaling 903 months before suspensions).
During FY 1991, the average time from referral to DOJ (the date of first defendant's
indictment or information) until charges were filed was 9.88 months (up from an average of 6
months in FY 1990). The average time from opening a criminal investigation to referral to the
Office of Criminal Enforcement during FY 1991 was 6.38 months (up from 5.65 months during
FY 1990).
OFFICE OF FEDERAL FACILITIES ENFORCEMENT
LAGGED DATA
The Office of Federal Facilities Enforcement's
compliance data lags by one quarter; this section provides
information through third quarter of FY 1991.
During the first three quarters of FY
1991, a total of 734 federal facility
inspections were conducted; 219
violations were detected yielding a
violation rate of 29.8% (70.2%
compliance). In FY 1990 (counting
all four quarters), 868 inspections
were conducted and 276 violations were detected; the violation rate for FY 1990 was 31.8%
(68.2% compliance).
One hundred fourteen enforcement actions have been taken against federal facilities through
third quarter of FY 1991. In FY 1990, a total of 200 enforcement actions were taken against
federal facilities; 4 of these actions proceeded in response to the 4 violations identified through
FY 1990's 13 multi-media federal facility inspections.
53
-------
FY 1991 Fourth Quarter STARS Report OE
During third quarter of FY 1991, 26n federal facility inspections were concluded and 84
violations were detected for a quarterly violation rate of 32%. Sixty-one enforcement actions
were taken against federal facilities during third quarter.
The status of federal facility inspections, violations, and enforcement actions for third quarter
of FY 1991 is as follows:
ENFORCEMENT '
MEDIA
RCRA
NPDES
SDWA
AIR
TSCA
MULTI-MEDIA
TOTAL
INSPECTIONS
93
90
12
64
4
_!
264
VIOLATIONS
57
15
2
9
1
_Q
84
ACTIONS
44
6
2
9
0
_fl
61
Enforcement actions include actions taken on any outstanding violation, that is, the
actions may not correspond directly to violations detected during the quarter.
54
-------
FY 1991 Fourth Quarter STARS Report
OGC
OFFICE OF GENERAL COUNSEL
INTRODUCTION
The Office of General Counsel (OGC) reports on two measures in STARS; each measure
expresses workload and timeliness in the completion of legal evaluation and review.
RESPONSE TO RCRA OR VIC STATE AUTHORIZATION APPLICATIONS
The Office of General Counsel (OGC) is responsible for responding within 15 days to all
memoranda from Regional Administrators recommending final decision on a RCRA or UIC
State authorization application. OGC must review the package and respond to the submitting
Agency office with concurrence or an evaluation of deficiencies requiring correction, or
negotiate an extension for review of the package with the submitting Agency office. During FY
1991, OGC received (during first quarter) and concurred on one such application within the
specified 15 day timeframe.
RESPONSE TO RED BORDER REVIEW DOCUMENTS
OGC reviewed 29 Red Border packages during fourth quarter, FY 1991. Of these, 15 reviews
were completed within three weeks of receipt; seven additional reviews were completed during
the fourth week following receipt. Over the course of FY 1991, OGC reviewed a total of 99
Red Border packages; of these, 83% were reviewed within four weeks of receipt.
FY1991
1st Qtr.
2ndQtr.
3rd Qtr.
4th Qtr.
FY Total
Regulatory
Packages
Received
24
22
24
29
99
Completed
within three
weeks (#/%)
15/63%
13/59%
22/92%
15/52%
65/66%
Completed
within four
weeks (#/%)
21/88%
16/73%
23/96%
22/76%
82/83%
Incomplete
after four
weeks (#)
3
6
1
7
17
Non
Concurrence
(#)
0
0
0
0
0
During fourth quarter, seven Red Border Reviews were delayed beyond the four week
timeframe due to the length and complexity of the packages. Five of the Reviews were being
handled within OGCs Solid Waste and Emergency Response Division and two of them within
the OGCs Water Division.
55
-------
FY 1991 Fourth Quarter STARS Report OGC
BLANK PAGE
56
-------
FY 1991 Fourth Quarter STARS Report GULF OF MEXICO
GULF OF MEXICO PROGRAM
OPPE will be working closely with Region IV, Region VI, and the Office of Water to
develop STARS measures for EPA's Gulf of Mexico program in FY 1992. These measures
will align with and support the Agency's strategic plan and initiatives for the Gulf of
Mexico.
Two-thirds of the contiguous United States drains into the Gulf. Excessively low levels of
dissolved oxygen (hypoxia) exists in the bottom waters of Texas and Louisiana. Nearly
three and a half million acres (57%) of the shellfish growing waters have been either
permanently or temporarily closed due to pollution. Gulf coastal wetlands comprise about
half the national total of wetlands; 40 to 60 square miles of Gulf wetlands are lost each year
to erosion. Beach cleanup volunteers pick up as much as a ton of marine debris per mile
from Gulf beaches annually.
In 1991, Agency resources devoted to the Gulf totaled 1.4 million dollars and 7 FTE.
The Gulf of Mexico program has two goals:
Provide a mechanism to coordinate Federal, State, and international efforts to
address complex ecological problems that cross jurisdictional lines.
Provide a forum for affected user groups, the public and private education
institutions and the general public to participate in the "solution" process.
Over 400 committee and subcommittee members of EPA's Gulf of Mexico advisory
committees are developing detailed action plans on the following priority issues: 1) Marine
debris; 2) habitat loss; 3) freshwater flow; 4) nutrient enrichment, 5) toxics and pesticides
contamination; 6) public health; 7) coastal and shoreline erosion. Action plans on the first
four priority issues are scheduled for completion during FY 1992. Implementation of these
plans will be the target of future funding.
57
-------
FY 1991 Fourth Quarter STARS Report GULF OF MEXICO
BLANK PAGE
58
-------
FY 1991 Fourth Quarter STARS Report
CHESAPEAKE BAY
CHESAPEAKE BAY PROGRAM
In December 1987, the Bay states (MD, VA, PA), the District of
Columbia, and the Chesapeake Bay Commission signed ah
agreement containing specific objectives for cleaning up the
Chesapeake Bay. Of the primary 29 commitments under the
agreement, 27 have been completed. On schedule for
completion are revaluations of the 40% nutrient reduction
commitment and of the toxics reduction strategy.
In August 1991, this group reconvened to undersign four main
objectives: accelerate nutrient reduction, adopt pollution
prevention, restore and enhance living resources and their
habitat, and broaden participation in the Bay program. The
focus will increase on accelerate nitrogen removal, facility
compliance, and education and outreach, and the program will
address recent legislation, such as the Oil Pollution Act and
Clean Air Amendments of 1990.
Among activities the Bay program has completed:
tamM WMtinpon tat, W1M7
Developed an implementation plan for wetlands, including a wetlands inventory and
permit management system.
Bay Funding In 1991
Chesapeake Bay Program
Other EPA programs
Other Federal*
PA.VA,MD,andDC
TOTAL
$mllllons
15
110
142
200
467
Identified 14 toxic substances, in addition to the
17 included under the 33/50 initiative (see
below), which adversely affect or have the
potential to cause damage to the Bay system.
This list will be updated every two years.
Established a panel to evaluate the effectiveness
of nonpoint source controls and offer
recommendations. One recommendation was to
develop standard nutrient management plans.
Developed a state-of-the-art computer model of the Bay-for analysis of cause and effect
data.
Established the Tidewater Memorandum of Understanding to continue efforts and
coordination for pollution prevention.
In FY 91 nearly half a billion dollars were directed
at the Bay. In FY 92, EPA'i Bay Program received
$16.3 million (+36% since 1989).
DOD, USDA, Interior, Commerce. Cout Guard, and
Smithfonun Iiuanioon.
59
-------
FY 1991 Fourth Quarter STARS Report
CHESAPEAKE BAY
Among the many activities the program will undertake in FY 1992 are:
Under the "33/50" initiative, encourage companies in the Bay watershed toward a 33%
reduction in the discharge of 17 selected chemicals by 1992 (and 50% by 1995).
Refine nutrient reduction commitments, including the 40% nutrient reduction goal, based
on data and modeling, cost effectiveness, implementation considerations, and living
resource benefits.
Develop and finalize management plans for commercially valuable and exotic species.
Striped bass respond
to protection
ENVIRONMENTAL INDICATORS
The Bay Program uses a wide variety of indicators,
such as submerged aquatic vegetation (SAV), nitrogen,
phosphorus, and fishing harvest data. They also track
significant non-compliance of NPDES facilities in the
basin.
Some indicators are showing improvement
(phosphorous, underwater grasses), some are
unchanged (nitrogen, oxygen), and others are
showing declines (fish harvests). Striped bass have
responded to protection from fishing, but oysters
and others continue to decline.
MM MM IMt 1W1 1B»
Enforcement: At EOY the NPDES facility *****
significant noncomptiance (SNC) rate was measured
at 3.1% (national average is 13%). The federal facility compliance rate for all major
environmental requirements is 94% - 47 of the 50 fedegaXfacilities in the Bay watershed.
Nitrogen is essentially
unchanged tf Wag^Subrnerged grasses are
i «*Hrecovering Baywide
OCIM oct*5 OCIM octfr octet octet octeo
60
-------
FY 1991 Fourth Quarter STARS Report
THE GREAT LAKES
The Great Lakes
INTRODUCTION
The 300,000 square mile Great Lakes basin includes the five Great Lakes, connecting
channels, and the surrounding drainage area in the watershed. The watershed is one-third
covered by water, constituting 95% of the U.S. fresh water supply.
THE FIVE YEAR STRATEGIC PLAN AND THE ANNUAL ACTION PLAN
EPA has led the development of a Great
Lakes Five Year Strategic Plan, working
in cooperation with State and Federal
natural resource agencies. This strategic
plan was presented to the Great Lakes
Advisory Committee in September.
Implementation was discussed at the U.S.
Great Lakes Policy Committee meeting in
November. This report summarizes recent
activities pursuant to the Great Lakes FY
1991 Action Plan. The FY 1992 Action
Plan is almost final.
GREAT LAK^s STRATEGIC PLAN GOALS
Reduce pollution and virtually eliminate toxics from
the great lakes ecosystem;
Protect and restore wetland, terrestrial, and aquatic
habitats; and
Protect the health of the various species within the
basin by protecting human health and restoring
biodiversity.
RECENT GREAT LAKES ACHIEVEMENTS AND ISSUES
Contaminated Sediments: Field work to support mini-mass balance modeling of the Buffalo
and Saginaw Rivers was completed. Pilot Assessment and Remediation of Contaminated
Sediments (ARCS) demonstration projects began in Buffalo (demonstrating particle size
separation) and Saginaw (demonstrating low temperature thermal extraction) in late
October.
Water Sampling: The Research Vessel Lake Guardian concluded its shakedown cruise in
mid September after sampling numerous sites in Lakes Michigan and Ontario for trace levels
of PCBs and pesticides.
Enforcement: Region V filed multi-media enforcement cases against Inland Steel (under
RCRA, CWA, SDWA), Bethlehem Steel (under RCRA, SDWA), and Federated Metal (under
RCRA). Region V's case against the City of Hammond, IN (under CWA, TSCA), seeks
penalties and a court order to implement pretreatment requirements. Region II initiated a
multi-media case against Bethlehem Steel of Lackawanna, NY (under CAA, EPCRA),
proposing a fine of $135,000 for not reporting 20,000 pounds of benzene emissions in
1987. Region II also issued and administrative order to the City of Oswego, NY(under
CWA), to enforce implementation of its industrial pretreatment program geared toward to
reducing toxic loadings to the Oswego River and Lake Ontario.
61
-------
FY 1991 Fourth Quarter STARS Report
The Great Lakes
Spill Response and Prevention (SPCO: Regions n and V carried out 196 SPCC inspections,
more than twice their FY 1990 SPCC inspections, exceeding their target of 182. Areas with
the greatest threat of spills were mapped through a cooperative effort of the Great Lakes
National Program Office, the U.S. Coast Guard, and the Department of Transportation.
Habitat: The Great Lakes Wetlands and Habitats Protection Plan was revised as Agency
programs work together to better integrate their programs based on the Great Lakes Five
Year Strategic Plan.
Great Lakes Water Quality Initiative (GLWQD: The revised GLWQI schedule provides for
an expedited rule making. The proposed guidance will be published in the Federal Register
in the spring of 1992 at the earliest. Complex scientific, technical, and policy issues for the
Agency and the States, a commitment to a scientifically and legally defensible guidance, and
a commitment to consensus among the stakeholders have caused delays.
Outreach: This summer, the R/V Lake Guardian visited 15 cities and over 4,300 visitors
toured the ship, concluding with a press tour at its homeport in Bay City, MI. At the end of
September 1991, U.S. EPA and Environment Canada co-sponsored the IJC Biennial
Meeting and Pollution Prevention Symposium in Traverse City, MI. Some 1,600 people
attended from industry, government, and environmental groups, participating in about 100
different sessions over several days.
Lake Ontario Lakewide Area Management Plan (LAMP^: Although Canada did not agree
formally to converting the Lake Ontario Toxics Management Plan into a LAMP, Canada did
agree to develop a joint workplan for pre-LAMP activities by December 1991.
Lake Michigan LAMP: Lamp activities continue on schedule for meeting requirements of
the Great Lakes Critical Programs Act. Some activity schedules were revised to allow input
from the LAMP management structure, to reflect the effects of delays in mass balance model
development, and to bring the Lake Michigan data management schedule in line with basin-
wide data management efforts.
Lake Superior Demonstration Program: At
the Pollution Prevention Symposium in
Traverse City, U.S. EPA and the States of
Michigan, Minnesota, and Wisconsin, and
Environment Canada and the Province of
Ontario announced an agreement to
restore and protect the Lake Superior
basin.
LAKE SUPERIOR DEMONSTRATION PROGRAM
* Achieve /^T^ discharRe or emission of persistent
bioaccumulative toxic substances:
- Special water designations
- Broad-scale pollution prevention activities
Enhanced controls and regulations
> Identify impairments and restoring and protecting the
basin ecosystem:
- Systematic evaluation of chemical induced
environmental impairments
- Identification of conective measures
62
------- |