United States Office ?f
Environmental Protection The Administrator
Agency . (PM-222A)
June 1992
Quarterly
Progress
Report
Second Quarter
Printed on Recycled Paper
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U.S Environmental Protection Agency
Strategic Targeted Activities for Results System
Second Quarter FY1992 Report
TABLE OF CONTENTS
Office of Air and Radiation 1
Office of Enforcement . . 11
Office of General Counsel . . . ... . .14
Office of Prevention, Pesticides, and Toxic Substances . .15
Office of Solid Waste and Emergency Response ... 23
Office of Water 34
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FY 1992 SECOND QUARTER PROGRESS REPORT
PROGRAM HIGHLIGHTS
OFFICE OF AIR AND RADIATION
OAR expects to publish final Title IV (acid deposition) rules for permits,
continuous emissions monitoring, excess emissions penalties, and the
allowance system by September 1992. OAR expects to publish the final rules
for the Phase n allowance allocations and the NOx reduction regulations by
December 1992. The initial "core" Acid Rain Data System is expected to be
completed by May 1993.
OFFICE OF ENFORCEMENT
The Office of Enforcement is collecting regional reports on multi-media
enforcement activities; this information is now being transmitted for
inclusion in the quarterly prgoress Report (see page 11).
Two hundred thirty-two program specific inspections have been completed
this year as part of 88 multi-medi consolidated inspections; eighty-four
program spefic inspections have been completed as part of 27 multi-media
coordinated inspections
OFFICE OF PREVENTION, PESTICIDES AND TOXIC SUBSTANCES
Regions exceeded inspection targets in all inspection categories: TSCA federal
(104% TSCA state (101%); FIFRA federal (160%); FIFRA state (153%); and
EPCRA federal (138%).
The regions and headquarters settled 86 cases with provisions for
environmentally beneficial expenditures (EBEs) included in the settlement
conditions; across all case types, the ration of EBE cost to the respondent
versus the associated penalty reduction is running well above ten to one.
OFFICE OF SOLID WASTE AND EMERGENCY RESPONSE
Approximately 35% of RCRA permitting facilities have been ranked for
environmental priority.
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OSW published the RCRA Environmental Indicators report in January 1992,
and identified two indicators for use in FY 1993: timely final Biennial Report
data, and waste minimization activities started.
Regions are exceeding targets for inspecting RCRA permitted facilities, but
over 1,100 facilities are in SNC and the return to compliance rate is very slow.
Cleanups of underground storage tanks have been initiate for 68% of
confirmed releases and are completed for 25% of them.
Superfund reported 80 site completions to date, compared to 63 sites through
the end of FY 1991. The end-of-year nationwide target is 130 site completions.
OFFICE OF WATER
NPDES permit reissuance by EPA through the second quarter is 22% of the
end of year target; for states, performance is 21% of the end of year target. Last
year at this time, EPA performance toward its end of year target was 15%, and
by the end of the year 80% of the target was accomplished. State performance
in FY 91 for second quarter against the end of year target was 29%, and by the
end of the year states repermitted 66% of the end of year target.
Seventy-two percent of the states have adopted numeric criteria for water
quality standards on priority pollutants that could reasonably be expected to
interfere with designated uses.
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FY 1992 Second Quarter Progress Report OAR
OFFICE OF AIR AND RADIATION
*''' "
INTRODUCTION
Office of Air and Radiation (OAR) programs address many of the highest risk environmental
problems faced by EPA, as ranked in the Science Advisory Board report, "Reducing Risk:
Setting Priorities and Strategies for Environmental Protection." OAR's mission, stated in its
Strategic Plan, is to protect human health and the environment, including ecological and
aesthetic effects, from airborne pollutants and radiation.
Fiscal year 1992 (FY 92) marks OAR's second year of work toward completing the
objectives laid out in its Implementation Strategy for the Clean Air Act Amendments of
1990 (CAAA)." OAR's recent planning efforts, including its Draft 1994-1998 Strategic
Plan, build off this strategy. The Office is also in its first year of implementing the new
Memoranda of Agreement (MOA) management process. Driven by MOA's between each
of the ten Regional Administrators and the Assistant Administrator for OAR, this process
builds consensus for planning and program priorities for the subsequent fiscal year. This
.STARS report uses information generated from the MO A Reporting System (MOARS) and
other sources and is intended to report progress on implementing Strategic Plan goals and
objectives.
STRATOSPHERIC OZONE PROTECTION
The goal of the stratospheric ozone program is to reduce skin cancer deaths associated with
ozone depletion; the primary objective for achieving this goal is to lower cumulative
chlorine concentrations in the stratosphere to less than two parts per billion by the year
2015. Program strategies include: implementing U.S. domestic responsibilities under the
revised Montreal Protocol and the Clean Air Amendments of 1990; expediting the phase-
out of ozone depleting chemicals internationally; and ensuring and promoting effective,
environmentally-sound substitutes and technologies, in the U.S. and abroad.
Activities during second quarter focused on fulfillment of CAAA mandates on phase-out,
recycling, labeling, nonessential uses, emission reduction, and safe substitutes. Two of the
regulations-phase-out of production and consumption of Class I substances, and servicing
Requirements for motor vehicle air conditioners-are expected to be published in the third
'quarter. These rules are designed to meet or exceed the requirements of the revised
Montreal Protocol. OAR also began discussions with OMB on petitions for the Agency to
accelerate the schedule for phasing out ozone-depleting substances.
GLOBAL WARMING PREVENTION
OAR's Strategic Plan goal for global climate change is to avoid or reduce potential
increases in global warming. To support this goal OAR is directing activities toward
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FY 1992 Second Quarter Progress Report OAR
stabilizing methane concentrations in the earth's atmosphere by the year 2005. The
dominant strategy for this program area is to identify and promote, within the U.S. and
internationally, profitable options for reducing methane emissions from the major
anthropogenic sources of methane.
During second quarter, OAR began a cooperative project with Russia and Ukraine to
identify opportunities to reduce methane emissions from coal mining and natural gas
production activities. Other activities included the completion of a draft report entitled
"Technological Options for Reducing Methane," co-written with the Japanese
Environment Agency, for the Intergovernmental Panel on Climate Change.
ENERGY CONSERVATION
OAR has set a goal for the year 2000 to reduce U.S. combustion-related air pollution from
stationary sources by 20 percent through the use of market-based energy conservation
programs. Strategies to achieve this goal include the use of voluntary programs to
encourage industry to pursue profitable energy saving investments; promotion of the
development and sales of energy efficient technologies; acceleration of state actions to
provide market incentives for utilities to promote energy-efficiency and efforts to identify
and remove private regulatory liability and other institutional obstacles to energy-
efficiency.
By the end of second quarter, the green lights program had signed up over 425 participants.
Although no specific annual target has been identified, many more companies are expected
to join by the end of the fiscal year. Second quarter progress on other global warming
initiatives include: publication of a prospectus on the Golden Carrot program; completion
of the Request for Proposal (RFP) for the Super-Efficient Refrigerator Program (SERF);
completion of a grant for the Consortium for Energy Efficiency (CEE); and completion of
the Northeast Region Green Initiative (ENERGI) design which will be launched during
third quarter.
ACID RAIN REDUCTION
OAR's strategic objective in the acid rain program is to achieve a permanent 10 million ton
per year reduction in SO2 emissions and a 2 million ton per year reduction in NOX emissions,
both by the year 2000. Strategies to achieve these reductions include development of an
integrated package of core acid rain rules that take full advantage of market based
principles to promote conservation, achieve required reductions at the lowest possible cost,
and develop an interagency environmental monitoring and assessment program.
Work on Title IV regulations continued during the second quarter. The current schedule
calls for the following rulemakings this calendar year: 1) Final rules for permits, continuous
emissions monitoring, excess emissions penalties, and the allowance system by September
1992; 2) Final rules for the Phase II allowance allocations and the NOx reduction
regulations by December 1992.
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FY 1992 Second Quarter Progress Report OAR
In conjunction with the rulemaking effort, a public meeting was held concerning delegation
of the administration of the EPA auction and direct sales program. Workgroup closure was
reached on the allowance allocation rulemaking proposal which outlines allocations of SO 2
allowances to affected utility units. The rulemaking package, which also includes the
National Allowance Data Base, was prepared for transmittal to OMB. Also, a project plan
was developed for the Acid Rain Data System. The plan calls for an initial "core system" to
be completed by May 1993.
Additionally, the Regions and Headquarters participated in an "Acid Rain Permits
Implementation Workgroup," which, during second quarter, jointly developed an initial
guidance document designed to ensure nationally consistent implementation. The second
quarter also saw the initiation of a Regional/Headquarters Monitoring Implementation
Workgroup. Seven regions are participating. The Workgroup had its initial meeting in
Dallas in March, and considered several proposals relating to implementation of the new
Continuous Emissions Monitoring Rules, the linchpin of the new acid rain program.
Finally, OAR continues to work within the context of the CAAA Section 812 Cost-
benefit study, and the National Acid Precipitation Assessment Program in an effort to
develop a comprehensive strategy to assess the affects of the acid rain program.
NATIONAL AMBIENT AIR QUALITY STANDARDS (NAAQS) ATTAINMENT
The goal for NAAQS attainment is to reduce human health risks among the 150 million
Americans living in areas that do not meet standards for ozone, carbon monoxide, PM-10,
sulfur dioxide, lead, and nitrogen dioxide. OAR expects to achieve NAAQS in most
nonattainment areas within 10 years and all nonattainment areas within 20 years, and to
prevent significant deterioration of air quality in areas already in attainment.
OAR's implementation strategy for NAAQS attainment includes five elements:
1) Establish a reliable scientific basis for improvement of the nation's air quality
2) Pursue additional reductions in vehicle emissions;
3) Help States develop and implement the strategies and controls needed for
NAAQS attainment;
4) Work with States to ensure continuous compliance from stationary and mobile
sources; and
5) Develop and implement corrective actions for States failing to submit or
implement a SIP or meet applicable deadlines.
Second quarter program indicators cover PM-10, ozone/CO and mobile source activities.
Highlights follow below.
PM-10
By the close of second quarter, 43 of 67 PM-10 State Implementation Plans (SIPs) were
submitted, with 40 of those SIPs found to be complete (review was pending for three
States). Of the 24 SIPs still outstanding: one each remains in Regions I, n, and III; 3 remain
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FY 1992 Second Quarter Progress Report OAR
in Region V; 6 remain in Region VIII; 4 in Region DC; and 3 in Region X. Regions I, HI, V
and DC anticipate good progress. Regions n and Vni report major impediments that could
significantly affect SIP processing. Region n credits Puerto Rico's lack of resources and
travel funds as the main reason it did not submit its SIP on schedule. The Region has been
assisting Puerto Rico in preparing its SIP and at present is working with a contractor to
prepare a reasonably available control measure plan for the nonattainment area. Region
Yin attributes minimal progress by Colorado and Montana in submitting their SIP to the
states' budget woes.
Regions are beginning to plan for the development of Federal Implementation Plans (FIPs)
in those areas where SIPs are not submitted. The FTP process will require major resources
from the respective Regions.
National significant violators (SVs) totals for PM-10 for second quarter, FY 91 and 92, are as
follows:
FY91 FY92
SVs unaddressed at beginning of quarter 76 75
SVs added 24 22
SVs addressed 34 25
SVs unaddressed at end of quarter 66 62
Ozone/CO
According to EPA's most recent air quality trends report in 1989, 96 cities and other areas
continue to have ozone levels that at times exceed the federal air quality standards for
ozone. Forty-one areas have carbon monoxide levels that exceed the standard for this
pollutant.
RACT Fix-up Submittals
For areas not in compliance with ozone/CO NAAQS, States must require existing industries
to install reasonably available control technology (RACT). The overall submittal rate for
RACT fix-up submittals improved from first quarter's 79% to 85% in second quarter out of
a universe of 1,681. Of the remaining nine States and the District of Columbia, only the
District is anticipated as likely to fail to meet the April 1993 deadline for VOC RACT
submittal thus requiring a FTP promulgation. Through second quarter, about one-fifth of the
rules have been published in the Federal Register. The remaining four-fifths of the rules
have been in the Regions for almost 2 years on average. The backlog is the result of limited
resources, competing priorities (e.g., processing PM-10 SIPs) and working with the States to
correct problems in lieu of disapproving the submitted rule.
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FY 1992 Second Quarter Progress Report OAR
National Academy of Science (NAS> Report
OAR has indicated that its response to the NAS report on ozone and emissions inventories
is a high priority in FY 92. In second quarter, OAR has taken the following steps: establish
an Emissions Inventory Branch, establish a Joint Emissions Inventory Oversight Group
(JEIOG), worked to improve the mobile source emission factor models, provided increased
resources to inventory ozone precursors, and invested resources toward developing a state-
of-the-art biogenic emissions model.
Emission Inventories
A second program priority for FY 92 is approval of the Inventory Preparation Plans (IPPs).
IPPs are the first milestone toward developing the ozone and CO emission inventories (Els)
which serve as the basic building blocks for SIP control strategies. The program date
requiring the final IPPs was October 1,1991. At the end of second quarter, all but 7 States
had submitted final plans: Maine, Rhode Island , South Carolina, Wisconsin, Ohio, Arizona,
and California. As this report went to print, however, only two states in Region DC, Arizona
and California, had not yet submitted final plans. Regional approval of the final IPPs has
been completed for 21 of the 38 plans submitted. Delays in developing approvable IPPs
may lead to corresponding delays in inventory preparation and submittals.
Draft El submittals are due the beginning of third quarter. Timely submittals are necessary
in order to provide an adequate review period for the States and EPA in preparation for the
final inventory submittals due November 15, 1992. During second quarter, partial El data
were submitted by 2 States. The majority of the Regions expect completion of draft
inventories sometime after the third quarter deadline. Some Regions are, however,
projecting final inventories later than the November, 1992 Clean Air Act deadline.
Mobile Sources
The CAAA requires dramatic reductions in passenger car emissions~96% in the case of
hydrocarbons and carbon monoxide, and 75% in the case of .NOx. OAR is pursuing a
three-pronged strategy to reduce vehicle emissions: 1) promote the manufacture of
vehicles that meet national emission standards throughout their life cycle, and systematically
tighten standards to reduce emissions to levels needed to meet Naaqs; 2) support the
development and implementation of national and state clean fuels programs; and 3) help
States build capacity to carry out aggressive programs, targeted to areas with highest health
risks, to reduce excessively polluting vehicles and vehicle miles driven annually.
Basic and Enhanced Inspection and Maintenance
Inspection/maintenance (I/M) programs for automobiles and light trucks are required in
areas that do not meet the NAAQS. Of the 29 states that must implement basic or enhanced
inspection/maintenance (I/M) programs, 6 have developed the necessary legal authority to
implement the program, 3 are actively considering legislation, 11 are at various stages of
studying the implementation of I/M through legislative study commissions or formal task
forces, and there is no activity in the remaining 9 states.
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FY 1992 Second Quarter Progress Report
Reformulated Gasoline
OAR
OAR is implementing a reformulated gasoline program that achieves significant reductions
in vehicle emissions in the most severe ozone nonattainment areas. Cleaner, reformulated
gasoline is required in the nine cities with the worst ozone pollution, starting in 1995.
States can also elect to apply reformulation requirements in other cities with ozone
pollution. By end of second quarter, 11 states and the District of Columbia had opted for
reformulated gasoline through the Ozone Transport Commission, an organization
established under the CAAA. These states have traditionally been move aggressive in fuels
measures than the rest of the country because of numerous nonattainment areas within
their boundaries.
STATES THAT HAVE CHOSEN
REFORMULATED GASOLINE
AIR TOXICS REDUCTION
The CAAA established a list of 189 toxic air pollutants to be regulated by the year 2000.
OAR air toxics reduction goal is to reduce the 1,700-2,700 excess annual cancer deaths
attributed to non-occupational exposure to air toxics. Specific program objectives include a
reduction in risk from air toxics exposure from major point sources by 75% by 1997 and
from area sources by 50% by 2000; and reduction of risk of exposure to mobile source air
toxics by 50% by the year 2005.
Technological standards requiring industry to install Maximum Achievable Control
Technology (MACT) are currently under development with a target of promulgation of
standards for at least the first 50% of major categories of stationary sources by 1998.
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FY 1992 Second Quarter Progress Report OAR
Earlv Reductions Program
The national strategy for the early reductions program is to encourage facility owners and
operators to achieve reductions of air toxics emissions before the regulations reporting the
maximum achievable control technology (MACT) are issued. The CAAA allows an
extension from compliance with MACT standards if industry agrees to voluntarily reduce
emissions by 90% prior to proposal of the MACT standards.
RADON, RADIATION, AND INDOOR AIR
RADON
The OAR goal for radon is to reduce excess annual lung cancer deaths attributed to indoor
radon exposure in residences, schools and other non-residential buildings. The major
objective for this problem area is to ensure that 25-30% of homes are tested for radon by
2010. In the Draft FY 1994-1998 Strategic Plan, OAR laid out a five pronged strategy to
reduce human exposure to elevated levels of radon: problem assessment, mitigation and
prevention, capability development, public information, and federal coordination.
Publications
The "Citizen's Guide to Radon" has been approved and was published in May of 1992.
The Radon Division is working with Regions and states on the draft "Homebuyer's and
Seller's Guide to Radon."
Implementation of the Radon Task Force Recommendations
OAR is studying the Office of Policy, Planning and Evaluation/Senior Managers' Radon
Task Force recommendations and will begin work on an implementation strategy during
third quarter. Recommendations were: EPA should focus on the greatest radon risks first
(e.g. areas at greatest risk for radon exposure); EPA should work now to support the long-
term strategies of promoting construction of radon-resistant new construction and testing
and mitigation in connection with real estate transfers; EPA needs a new strategy for public
information on radon; and finally, EPA should develop a coordinated research plan for
radon.
Radiation
OAR's goal is to reduce health and ecological risks associated with the clean-up, storage,
disposal, and accidental release of radioactive material. OAR intends to achieve the national
goals through clean-up and permanent disposal of high-level and low-level radioactive
wastes; enhancing EPA readiness to respond to radiation-related emergencies of all types;
and restoration of federal facilities and other contaminated sites containing radioactive and
mixed waste to safe levels.
Ongoing activities to achieve these goals include establishing technical standards and
operating procedures for the safe disposal of radioactive waste across all media; delegation
of radionuclide NESHAPS programs to the States, and a variety of public outreach and
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FY 1992 Second Quarter Progress Report OAR
consensus building efforts to improve national confidence in the Agency's storage and
disposal system and strategy, OAR is also working to improve coordination and
cooperation with other federal agencies.
Radionuclides NESHAPS
Fourteen site inspections have been completed this fiscal year. This is approximately 10
percent of the radionuclides sites regulated under the NESHAP. In order to facilitate
inspection of these sites, the Stationary Source Compliance Division (SSCD) is developing a
radionuclide inspector training plan in close coordination with the Criteria and Standards
Division of the Office of Radiation Programs (ORP). An initial training module has been
produced and presented to Regional personnel and three others are currently being
developed. A comprehensive training plan should be finalized by July 1992.
Guidance
The Criteria and Standards Division has distributed 1,500 copies of the 1991 Protective
Action Guides to federal, State, and local government agencies as well as individuals in the
nuclear industry. The guide contains EPA's new protective action guidelines for initial
response to a radiological emergency, such as a meltdown at a nuclear power plant.
INDOOR AIR
OAR's strategy to minimize human exposure to all indoor air contaminants focuses on
developing an integrated program for indoor air using the Agency's existing regulatory and
non-regulatory authorities (e.g. TSCA, FIFRA etc). OAR will use a variety of tools to make
prevention and efficient resolution of indoor air quality problems of all types a routine
aspect of the design, construction, maintenance, and operation of homes, public and
commercial buildings, and other types of facilities. OAR is also working to enhance
scientific and public understanding of the complex interaction of factors affecting indoor air
quality, including the range of biological and chemical contaminants, thermal comfort, odor,
ventilation, psychological conditions, lighting, ergonomic, and other factors. Staff delivered
the orientation course to indoor air quality public officials for six regions so far this year.
Twenty additional course deliveries are planned this year. The Building Owners and
Managers Association under a cooperative agreement with IAD, is conducting 50 training
courses this year.
Promoting Model Codes and Standards
During second quarter, the Indoor Air Program worked with the Office of Air, Quality
Planning and Standards (OAQPS) and the Office of Prevention, Pesticides and Toxic
Substances (OPPTS) to explore methods to reduce VOC levels generated from paints and
other consumer products and to coordinate OAR's other indoor VOC reduction efforts.
"Building Air Quality: A Guide for Building Owners and Facility Managers" was released
jointly by EPA and the National Institute of Occupational Safety and Health (NIOSH).
Follow-up briefings were presented to the Building Owners and Managers Association, the
Business Council on Indoor Air, and the AFL-CIO and other groups. The pre-clearance
draft of a primer for architects, "Designing for Good Indoor Air Quality" was submitted for
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FY 1992 Second Quarter Progress Report OAR
review. A final draft will be distributed for internal review in third quarter. The primer is
scheduled for distribution this fall.
OPERATING PERMITS
The CAAA requires that plants and businesses classed as major pollution sources, and some
others, to obtain operating permits containing all their Clean Air Act requirements. State
operating permits create an opportunity to integrate and enhance the effectiveness of
multiple air programs including acid rain, SIPs and air toxics.
The primary work will be done by states and localities, with regional offices supporting the
development of approvable state and local operating permit and fees programs. This has
been identified as a top priority in OAR's Strategic Plan and the work is expected to
increase dramatically in the second half of the fiscal year once the final permit rule is
promulgated. To date, the program has focused most of its energy on getting the
regulations signed and promulgated.
Despite the absence of a national permit rule (pending), several Regions continued to make
progress in second quarter in supporting the development of State and local permit
programs. Six States have passed enabling legislation, and nine States have determined
new enabling legislation is not needed. Passage of enabling legislation is likely in at least
another six States in third quarter.
AIR ENFORCEMENT
Summary of CAA Enforcement Activity
OAQPS reports the following major enforcement outputs through March 31,1992:
EPA STATES
Civil Referrals 24 47
Criminal referrals 2 0
Administrative Orders 97 329
(NOTE: State data includes only 1Q data for SIP/NSPS/NESHAP areas)
The output levels are generally down somewhat from the same period last year. That result
may be due in part to the program's efforts to issue administrative penalty orders now that
it has authority to take those actions. OAR will begin to report on their issuance of
administrative penalty orders next quarter. Region VII did report a larger number of
administrative orders (9) than they had over the same period in FY 90 or FY 91. Regions HI
(5) and DC (7) accounted for half of the EPA civil referral total; in each case a large increase
over prior years.
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FY 1992 Second Quarter Progress Report OAR
NAAQS Enforcement
OAQPS reports there were 10,826 Class A and New Source Performance Standard sources
in NAAQS non-attainment areas in the second quarter. Of these, 9,751 (90.1%) sources
were in compliance (93% for sources with known compliance status). The remaining 1,075
sources had the following status: 508 were non-complying, 334 had an unknown
compliance status, and 233 sources were on a compliance schedule. Regions DC and VIQ
reported the highest compliance rates, both over 95%. For Region VII, 99 of their 175
sources were reported as having an unknown compliance status. In FY 1992,1,652 of the
10,826 national sources have been inspected.
Nontransitory NESHAP Sources
OAQPS reports there were 1,234 nontransitory National Emission Standards for Hazardous
Air Pollutant sources. Of these, 974 (78.9%) were reported as in compliance (88.2% for
sources with known status). The remaining 260 sources had the following status: 130 had
unknown status, 89 were non complying, and 41 were on a compliance schedule.
Compliance rates varied substantially between Regions; Regions Vni, IX and X all with
rates above 93% while Regions n, IV and VII all showed rates below 70%. One hundred
and six of the sources had been inspected in FY 1992.
Asbestos Demolition and Renovation Activity
Through March 31, 1992, the Regions and States reported 3,100 and 13,921 notifications
respectively. During that period, the Regions conducted 99 inspections and the States
3,127. Violations of the Asbestos D&R requirements have been reported as follows:
notification violations - Regions identified 77 and the States 272; substantive violations -
Regions 15 and the States 41.
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FY 1992 Second Quarter Progress Report OE
OFFICE OF ENFORCEMENT
INTRODUCTION
The Office of Enforcement (OE) Strategic Plan is an operative guide for media-specific, cross-
program, and multi-media enforcement. Activities within OE's purview 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.
REGIONAL MULTI-MEDIA ENFORCEMENT ACTIVITIES
This is the first time that data on regional multi-media enforcement activities have been
gathered and reported to STARS by OE; this data represents a new focus within OE and the
regions expanding the Agency's traditional enforcement efforts to the multi-media arena. [The
following information is based on data received during the first two quarters of FY 1992; so far,.
only Regions I, III, IV, V, and IX have submitted second quarter reports.]
MULTI-MEDIA CONSOLIDATED INSPECTIONS
A consolidated inspection occurs when a single inspection covers two or more programs.
Through second quarter of FY 1992, regions performed 88 consolidated inspections. Two
hundred thirty-two program specific inspections (within eleven different programs) were
completed as part of the 88 multi-media consolidated inspections (efforts under CAA 33 and
RCRA contributed most heavily to the multi-media total).
MULTI-MEDIA COORDINATED INSPECTIONS
A coordinated inspection is one in which no more than three months have elapsed between
inspection by one program and subsequent inspection by another program; the coordinated
inspection must be the result of prior collaboration and planning between programs. Twenty-
seven coordinated inspections have been completed this year; 84 program specific inspections
were completed as part of the 27 multi-media coordinated inspections.
MULTI-MEDIA CIVIL JUDICIAL REFERRALS
Civil judicial referrals include both consolidated referrals and coordinated referrals. A
consolidated referral is one in which at least two discrete environmental problems from
different programs are combined into one referral package or an additional violation (from a
different program) is added as an amendment to an existing judicial referral or complaint. A
coordinated referral is a separate referral package related to an existing referral or complaint
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OE FY 1992 Second Quarter Progress Report
for which the consent decree negotiations are to be jointly resolved but for which the referrals
or complaints have not been combined. Six multi-media civil judicial referrals have been made
this year covering 15 individual program violations.
MULTI-MEDIA ADMINISTRATIVE OR JUDICIAL ACTIONS
Multi-media administrative and judicial actions include those actions meeting the STARS
criteria of the various programs for which credit is included, generally administrative orders.
Four multi-media administrative actions have been recorded this year, two of which were
coordinated with criminal judicial action.
SINGLE-MEDIA ACTIONS WITH MULTI-MEDIA SETTLEMENTS
These actions include single-media settlements with multi-media Supplemental Environmental
Projects, multi-media pollution prevention projects, or settlement provisions addressing an
environmental problem under a different program that was not part of the original case referral.
Through second quarter, regions have recorded ten multi-media settlements occurring as a
result of single-media actions.
CIVIL ENFORCEMENT
CONSENT DECREE REVIEW
During second quarter of FY 1992, OE reported forwarding two consent decrees to the
Department of Justice (DOJ). The decrees were referred under the Clean Air Act and they
required an average of 15 days for review. Note: Due to problems with data entry, OE has
been unable to collect accurate data for this measure during FY 1992.
CONSENT DECREE TRACKING AND FOLLOW-UP
Regions report that there were 721 active consent decrees at the end of second quarter, FY
1992. Of these, the regions reported the status of 651 (90.3%) decrees and reported that the
status of 70 (9.7%) consent decrees was unknown or unreported. Of the 651 consent decrees
with known status: 542 (83.2%) were reported in compliance; 69 (10.6%) were in violation and
had an enforcement action taken; 29 (4.5%) were in violation and had a formal enforcement
action planned; and, 11 (1.7%) were in violation, but had no formal enforcement action planned
or deemed necessary.
CIVIL REFERRAL ACTIVITY
The regions referred 57 new cases directly to DOJ during second quarter bringing the year's
total up to 88. During second quarter, the regions referred one new case to Headquarters
(HQ), initiated 14 new pre-referral negotiation cases, and began 2 new consent decree
enforcement cases.
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FY 1992 Second Quarter Progress Report OE
FOLLOW-THROUGH ON ACTIVE CIVIL CASE DOCKET
There were 1,076 civil cases active (not concluded) at the start of FY 1992. The status of these
cases at the end of second quarter was as follows: 298 were pending at DOJ; 62 were returned
to the regions; 25 were concluded before filing; 609 were filed in court; and, 82 were concluded
after filing. Of the 1,076 active pre-FY 1992 cases, 296 have been ongoing for more than two
years since being filed.
New active FY 1992 civil cases are those cases referred to DOJ on or after October 1, 1991.
Sixty-three new FY 1992 civil cases were referred to DOJ during second quarter of FY 1992
bringing the year's total to 97. The status of FY 1992 civil case referrals at the end of second
quarter was as follows: 85 were pending at DOJ; 7 were filed in court; 1 was concluded before
filing and 4 were concluded after filing.
CRIMINAL ENFORCEMENT
NEW CRIMINAL REFERRAL ACTIVITY
There were 51 new criminal investigations opened during second quarter of FY 1992 (bringing
the year to date total to 90) compared to 29 during second quarter of last year. At the end of
second quarter, a total of 296 criminal investigations remained open. The regions referred 18
new cases to HQ during second quarter and HQ referred 19 new cases to DOJ for a cumulative
FY 1992 total of 39 and 37, respectively.
FOLLOW-THROUGH ON ACTIVE CRIMINAL CASE DOCKET
One hundred fifty-four criminal cases had been referred, but not closed, before the beginning
of FY 1992. The status of these pre-FY 1992 active criminal cases at the end of second quarter
is as follows: 14 of the cases were under review at DOJ, 59 were undergoing grand jury
investigation, 58 had charges filed, 15 were closed following prosecution, and 8 were closed by
DOJ without prosecution.
Nineteen new criminal cases (referred during FY 1992) were referred to DOJ during second
quarter compared to 24 during second quarter of FY 1991. At the end of second quarter, 9
cases were under review at DOJ, 20 were undergoing a grand jury investigation, and charges
had been filed in 8 of the cases.
OFFICE OF FEDERAL FACILITIES ENFORCEMENT (OFFE)
In first quarter of FY 1992 (all OFFE data is lagged one quarter), 163 federal facility
inspections were concluded and 19 violations were detected for a quarterly violation rate of
11.7%. Thirty-nine enforcement actions were taken against federal facilities during first quarter
(26 in Region III). The totals cited reflect that data was not reported for Regions VI and IX.
13
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OGC
FY 1992 Second Quarter Progress Report
OFFICE OF GENERAL COUNSEL
INTRODUCTION
The Office of General Counsel (OGC) reports one measure in STARS; the measure expresses
workload and timeliness in the completion of legal (Red Border) evaluation and review.
RESPONSE TO RED BORDER REVIEW DOCUMENTS
OGC reviewed 18 Red Border packages during second quarter, FY 1992. Of these, ten reviews
(56%) were completed within three weeks of receipt; seven additional reviews (94% of total
packages received) were completed during the fourth week following receipt.
FY1992
1st Qtr.
2nd Qtr.
3rd Qtr.
4th Qtr.
FY
(total)
Regulatory
Packages
Received
18
18
36
Completed
within three
weeks (#/%)
8/44%
10/56%
18/50%
Completed
within four
weeks (#/%)
12/67%
17/94%
29/81%
Incomplete
after four
weeks (#)
6
1
7
Non
Concurrence
(#)
0
0
0
During second quarter, one Red Border Review was delayed beyond the four week timeframe:
Regulation: 40 CFR 700, 720, 723, and 725 -- TSCA BIOTECH [MICROBIAL PRODUCTS
OF BIOTECHNOLOGY] (91-12-22FR).
Comment: This package went into review at the same time that EPA was involved in the
interagency review process for the companion rule that would regulate
biotechnology activities under FIFRA. The FIFRA rule has been undergoing
extensive discussion and revision at OMB and the Competitiveness Council. The
OGC staff and managers who would work on the TSCA rule have been busy
attending nearly daily meetings and assisting in revising the FIFRA document to
meet the interagency demands. At the same time, the FIFRA changes may have
an impact on the TSCA package. Accordingly, review of the TSCA package has
been delayed to meet the higher priority demands of the FIFRA package.
14
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FY 1992 Second Quarter Progress Report OPPTS
OFFICE OF PREVENTION, PESTICIDES, AND TOXIC SUBSTANCES
INTRODUCTION
STARS is designed to track the most important of a program's activities. To the degree that
it is successful, STARS can provide the feedback necessary to determine what and how well a
program is doing toward achieving the goals the program has set for itself through its strategic
planning process.
The Office of Prevention, Pesticides and Toxic Substances (OPPTS) expresses priorities through
two distinct strategic plans: one for the Office of Pesticide Programs (OPP) and one for the
Office of Pollution Prevention and Toxics (OPPT); strategies specific to the Office of
Compliance Monitoring (OCM) currently are incorporated within the OPP and OPPT plans.
OPPTS is in the process of improving its strategic plan and,Consequently, the measures the
Office reports in STARS.
OFFICE OF POLLUTION PREVENTION AND TOXICS
OPPT is focusing on four priority areas: the development and integration of multi-media
pollution prevention approaches to environmental protection; better utilization of the
authorities granted under the Toxic Substances Control Act (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 present and future OPPT Second Generation
Chemical Programs (including the Toxic Release Inventory (TRI), the 33/50 Project, and,
possibly, components of the Lead Strategy).
EXISTING CHEMICALS (EC)
Under TSCA, OPPT ensures that chemicals in commerce do not present an "unreasonable risk
of injury to health or the environment." During second quarter, sodium cyanide completed the
final stage of OPPTs risk management process. Having identified risk management options for
sodium cyanide, a decision was made to manage the risk posed by this compound through
voluntary actions within the gold mining industry.
The first stage of the Risk Management (RM) process produced decisions on seven chemical
cases. Decisions ware made to drop four cases from the process (Terpenes, Diethylene Glycol
Butyl Ether (DGBE), Diethylene Glycol Butyl Ether Acetate (DGBA), and Ethylene Oxide).
N-methylpyrrolidone (NMP) and 2 Mercaptobenzothiazole (MET) were placed into the queue
for RM2 (the second stage of the RM process) where the need for further risk management
action will be assessed; and, a decision was made to proceed with TRI Cluster testing.
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OPPTS FY 1992 Second Quarter Progress Report
NEW CHEMICALS
Authorized by TSCA, OPPTs objective is to review all new chemicals and apply risk
management as necessary to prevent unreasonable risk. During second quarter, OPPT received
413 valid new chemical notices (443 notices were received in second quarter one year ago). Of
these, there were 315 Premanufacture Notices (PMNs), 92 exemption applications (i.e., 38
applications for polymer exemption, 48 for low volume exemption, and 6 for test market
exemption), and 6 biotech notices. Sixty-five of the new chemical notices received were
targeted for regulatory review or action.
OPPT reports taking 321 control actions during second quarter: Section 5(e) Consent Orders
were issued for 12 PMNs (and modified or revoked for 7 others) and 25 PMNs were withdrawn
in the face of regulatory action. Two hundred seventy-six new chemical notices were dropped
from further review.
During second quarter, 224 of the PMNs received (71% of the total PMNs received) contained
voluntary reports on pollution prevention practices and activities.
STATE AND REGIONAL ENHANCEMENT
OPPT 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 Second Generation Chemical Programs.
Asbestos Abatement
These measures provide feedback on OPPT 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.
Currently, 48 states have some type of accreditation program for asbestos abatement
professionals. Twenty-nine of those states have accreditation programs which are fully approved
by EPA across all disciplines; two states (within Region I) were added to this total during
second quarter. Eight additional states have programs which are partially approved by EPA
in one or more disciplines. Only Wyoming and Arizona have no accreditation programs.
Regions actively continue to encourage state participation in asbestos enforcement,
decentralization, and accreditation activities. While major successes have occurred in
developing asbestos accreditation programs, a barrier to full asbestos program decentralization
in a number of regions seems to be the unwillingness of states to incur major funding liabilities
for such programs coupled with limited and uncertain federal funding. In most states, a
comprehensive asbestos program would not be able to rely on penalty generated revenue since
these revenues are almost always funneled directly into a state general fund.
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FY 1992 Second Quarter Progress Report OPPTS
Regional 33/50 and TRI Activities
The objective of this narrative measure is to highlight regional 33/50 and TRI activities. The
following are some of second quarter's highlights:
TRI
Region I outreach efforts have been stymied by the lack of a Form R reporting package, however,
the Region has planned a scaled down outreach program for four New England states.
Region II has been active in making presentations about TRI to welders and electroplaters and has
advertized its seminars on TRI to 1,800 facilities in the Region.
Region III concentrated its efforts on industry outreach this quarter. An agenda for 1992 workshops
was developed to focus on pollution prevention and Section 313 and it includes provisions for
alternatives to Form R reporting. In addition, the first edition of a public outreach newsletter, "The
TRI Connection," was published.
Region V industry outreach workshops drew the attendance of about 340 people in the regulated
community. There was some consternation expressed about the delay in availability of Form R and
the Agency's enforcement posture.
Region VII made presentations to representatives of the food manufacturing industry about TRI
data systems, pollution prevention, and 33/50.
Region VHI summarized the new reporting requirements for TRI in letters to about 7,000
manufacturers. They also offered workshops in Utah and Colorado, where most of these
manufacturers are located. Major companies, as well as staff from Hill Air Force Base and refinery
engineers, are attending TRI courses and workshops. In Colorado, data quality grant research
shows that compliance with TRI is high along the Front Range and that each year more of the
release amounts in the database are actual facility sampling rather than estimates.
Region X second quarter outreach activities have been limited due to the lack of a revised Form
R reporting package. Ten TRI workshops have been set up for the third quarter.
Regions I and II co-sponsored a two day 33/50 conference, "Pollution Prevention in the '90s," with
seventy participants from the states and EPA. Training sessions were held on EPA databases, Form
R reporting, and pollution prevention data elements.
Region II also targeted and contacted several toxic chemical emitters for recruitment efforts in the
33/50 program.
Region V conducted a meeting for industry in the Quad Cities area in cooperation with Region VII
and the States of Illinois and Iowa. A technical assistance meeting for the metal finishing and
fabricating industries was held with ORD, where industry highlighted its efforts in reducing
emissions of specific chemicals.
Region VII and the States of Nebraska and Iowa hosted a 33/50 geographic initiative meeting in
the Omaha/Council Bluffs area. As of the end of second quarter, the Region had contacted 547
reporting facilities about the 33/50 program.
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OPPTS FY 1992 Second Quarter Progress Report
Regional Initiatives And Outreach Activities
This narrative measure provides regions an opportunity to highlight regional initiatives and
innovative regional projects. There are several highlights from second quarter:
Region I has developed a draft lead (Pb) strategy focusing on reducing the risk associated with lead
exposure in the urban environment.
Region IPs pilot enforcement project (under which the Region can both issue and close Civil
Administrative Complaints) continues to be successful with 64 cases closed and $762,145 in penalties
assessed.
Region VI is conducting multi-media inspections along the U.S./Mexican Border; the inspections
include TSCA PCB inspections along with education on TSCA regulations for border inspectors.
OFFICE OF PESTICIDE PROGRAMS
Risk reduction and pollution prevention are major strategies for OPP. 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 FIFRA statutory
mandates. These measures represent a significant portion of OPP HQ activities. During
second quarter of FY 1992, the following final decisions were made to register a new chemical
or biological, or to amend or add a new use for an existing chemical: 4 new active ingredients
were registered against a target of 3; 232 old chemical final decisions were made against a
target of 345; 728 amended registration applications were acted on exceeding a target of 665;
and, 13 new use application decisions were made against a target of 17.
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 second quarter, OPP made 58 final decisions: 51 exemptions
were granted and 9 were denied. OPP has granted 75 and denied 9 emergency exemptions
applications so far during FY 1992.
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,
18
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FY 1992 Second Quarter Progress Report OPPTS
processed foods, or for minor uses. OPP made final decisions on 15 tolerance petitions against
a target of 13 during second quarter.
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. At the end of second
quarter, OPP reports completing three special reviews against a cumulative target of four.
ETHYL PARATHION
Receipt of Requests for Cancellation, Maintenance Fee Cancellation, Cancellation Order,
Notification Requirement, Memorandum of Agreement, Request for Comment on Tolerance
Reduction/Revocation (FR 56:65061). Decision Results: This Notice acknowledges voluntary
registration cancellation of pesticide products containing parathion. The cancellations are the result
of an agreement between EPA and the registrants to restrict the terms and conditions of parathion
use in the United States. Effective December 13, 1991.
Amendment of Cancellation Order (FR 57:3500). Decision Results: EPA amends its earlier
(12/13/91) cancellation order for ethyl parathion to permit limited additional use of existing stocks
of certain canceled products containing parathion. Effective January 17, 1992.
ETHYLENE BISDITHIOCARBAMATES (EBDCs)
Notice of Intent.to Cancel; Conclusion of Special Review (FR 57:7484). This notice announces
EPA's intent to cancel registrations and to deny applications for registration for all pesticide
products containing EBDCs as an active ingredient unless the registrations/applications comply with
the terms and conditions of registration set forth in the Notice.
ALDICARB
Settlement Agreement. An agreement was reached between the Agency and manufacturers of
aldicarb on January 22, 1992.
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 objectives: food safety, worker protection, reduction of
ecological risks, protection of ground water, protection of endangered species and their habitats,
and pollution prevention.
Data-Call-ins (DCIs^
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. Inadequate submissions must be resubmitted to the Agency in response to a DCI.
During second quarter, OPP completed 7 DCIs bringing the year's total to 30 against a
19
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OPPTS FY 1992 Second Quarter Progress Report
cumulative target of 38; 2 DCIs were sent to the Office of Management and Budget for
clearance and 5 were mailed to affected registrants.
Reregistration Eligibility Decisions/Documents (REDs)
The reregistration process requires a determination of reregistration eligibility for each pesticide
chemical case that has satisfied all FIFRA, section 4(g)(2)(A) requirements addressing health
and ecological risk factors. At the end of second quarter the universe of cases requiring such
review was 401. Congress has mandated that all reviews be completed by the end of 1997; OPP
plans to issue 16 REDs during FY 1992. During second quarter, OPP completed its first RED
of FY 1992 for Heptachlor, a List A food use RED covering one chemical and two products.
FIELD OPERATIONS
A goal of OPP is to enhance regional, state, territorial, and tribal capacity. The primary
objective under this goal is to decentralize program activities that directly impact regions, states,
territories, and tribes. 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 certification and training programs.
Reducing Exposure And Environmental Burden
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, endangered species, and worker protection programs.
At the end of second quarter, regions reported that 49 states (plus the District of Columbia and
Puerto Rico), 1 territory, and 1 federally recognized tribe had applicator training programs that
include information on worker protection, endangered species, and ground water initiatives.
Measures reporting the number of worker protection programs submitted, approved, and
implemented are contingent upon publication of final worker protection standards. The
program plans to publish these new standards during FY 1992.
Pollution Prevention (Ground Water Protection)
All states, Puerto Rico, the District of Columbia, 5 territories, and 4 tribes are accepting federal
funds for ground water protection activities including aquifer vulnerability assessments and
outreach programs to industry and communities. At the end of second quarter, regions reported
that 47 states, 4 territories, and 11 federally recognized tribes were developing generic pesticide
and ground water management plans.
Measures reporting the number of ground water management plans submitted for review and
approved by EPA are contingent upon the issuance of the Pesticides State Management Plan
Guidance which is an element of the Pesticide and Ground Water Strategy.
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FY 1992 Second Quarter Progress Report OPPTS
OFFICE OF COMPLIANCE MONITORING
The regions and headquarters settled 86 cases that had environmentally beneficial expenditures
(EBEs) included among the settlement conditions. There were 48 TSCA cases, 34 EPCRA
cases, and 4 FIFRA cases. The ratio of the cost to the respondent versus the associated penalty
reduction was approximately 15 to 1 for TSCA, 6 to 1 for EPCRA, and 5 to 1 for FIFRA. Of
the 116 individual settlement terms identified as EBEs, 39 related to disposal activities and 30
related to source reduction (pollution prevention).
FEDERAL INSECTICIDE, FUNGICIDE, AND RODENTICIDE ACT (FIFRA)
Inspections And Compliance Levels (State data is lagged one quarter.)
In first quarter of FY 1992, the states completed 7,240 use and restricted use inspections. They
completed 153% of their state grant targets. In first quarter of FY 1991, the states had
completed 145% of their state grant targets.
In second quarter of FY 1992, Regions VII and VIII, each with non-delegated programs,
completed a total of 117 use and restricted use dealer inspections, achieving 160% of their
target.
..'
Addressing Significant Noncompliance (SNO
Regions and Headquarters had a total of 165 FIFRA SNC violations that were either
unresolved entering FY 1992 or identified through second quarter of FY 1992. At the end of
second quarter, 47 cases were issued within 180 days and 118 issued beyond 180 days. Thirty-
eight cases were closed by the end of second quarter, FY 1992.
[Note: All SNC's are listed together (current & previous years);-there are no targets for SNC's.]
Enforcement Activity
The regions issued 134 FIFRA administrative complaints through second quarter of FY 1992.
One FIFRA civil case and 6 FIFRA Criminal Cases were referred to DOJ by the end of second
quarter. Through second quarter of FY 1991, 126 administrative complaints had been issued
and one civil and one criminal case had been referred to DOJ.
TOXIC SUBSTANCES CONTROL ACT (TSCA)
Inspections And Compliance Levels
In second quarter of FY 1992, the regions and Headquarters completed 730 TSCA compliance
inspections; this is 104% of their second quarter target. States with inspection grants conducted
944 inspections or 101% of their second quarter target. At this time in FY 1991, the regions
21
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OPPTS FY 1992 Second Quarter Progress Report
and Headquarters had completed 106% of their second quarter target and states with inspection
grants had completed 69% of their second quarter target.
Response To Significant Noncompliance
The regions and Headquarters had a total of 443 TSCA violations that were either unresolved
entering FY 1992 or identified through second quarter of FY 1992. At the end of second
quarter, 116 actions were issued within 180 days and 327 issued beyond 180 days. One hundred
one cases were closed by the end of second quarter, FY 1992. For federal facility SNCs, 22
violations were outstanding at the end of the second quarter; 9 were issued within 180 days and
13 beyond 180 days. Eight cases were closed by the end of second quarter.
[Note: All SNC's are listed together (current & previous years); there are no targets for SNC's.]
Enforcement Activity
The regions issued 180 TSCA administrative complaints through second quarter of FY 1992
compared to 183 a year ago. Three civil cases were referred to DOJ through second quarter,
FY 1992. One TSCA criminal case and 7 civil cases were referred to DOJ through second
quarter of FY 1991.
EMERGENCY PLANNING AND COMMUNITY RIGHT-TO-KNOW ACT (EPCRA)
Inspections And Compliance Levels
Through second quarter of FY 1992, the regions completed 375 EPCRA inspections or 138%
of their second quarter target. Through second quarter of FY 1991, the regions completed 85%
of their target.
Response To Significant Noncompliance
The regions and Headquarters had a total of 248 EPCRA SNC violations that were either
unresolved entering FY 1992 or identified through the end of second quarter. At the end of
second quarter, 85 cases were issued within 180 days and 163 issued beyond 180 days. Sixty-six
cases were closed by the end of second quarter.
Enforcement Activity
Eighty EPCRA administrative complaints were issued by the regions through second quarter
of FY 1992 and 96 were issued through second quarter of FY 1991. No civil or criminal
EPCRA cases have been issued in FY 1992 and none were issued through second quarter of
FY 1991.
22
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FY 1992 Second Quarter Progress 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 FY 1992-1995 Strategic Plan outlines four major program
objectives to accomplish this:
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.
This report organizes OSWER's
progress by environmental problem
area:
Solid Waste,
Hazardous Waste,
Superfund,
Accidental Releases, and
Oil,
and by goals and objectives from the
OSWER Strategic Plan.
THIS QUARTER IN OSWER
OSW published the RCRA Environmental Indicators
report in January, and selected two indicators for use in
FY 1993 (see below for details).
Regions are exceeding targets for inspecting RCRA
facilities, but over 1,100 facilities are in significant
noncmpHance and return to compliance is very slow.
Cleanups of underground storage tanks have been
initiated for 68% of confirmed releases and are
completed for 25% of them, despite reduced funds.
Superfund reported 80 site completions to date,
compared to 63 sites^through the end of FY 1991.
The end-of-year nationwide target is 130 site
completions.
SOLID WASTE
MINIMIZE THE QUANTITY AND TOXICITY OF WASTE
Source Reduction and Recycling
Source Reduction by Municipalities and Industries
The Office of Solid Waste (OSW) met with the World Resource Institute which studied
unit pricing programs in 14 communities. The Institute developed price elasticities for
.disposal rates and amounts of waste discarded. These may be .considered in OSW's study
of volume pricing by municipalities.
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OSWER FY 1992 Second Quarter Progress Report
OSW met with industry officials to explore their success in waste reduction and its
measurement.
Per a consent agreement for Resource Conservation and Recovery Act (RCRA)
violations, DuPont's Chamber Works plant in Deepwater, NJ, is participating in a
joint EPA-DuPont effort to minimize waste. DuPont will be drafting a work plan
for the study and will begin studying 15 chemical processes, carefully selected by
EPA in June 1992.
Increase Markets For Secondary Materials
Federal Markets
EPA's Federal Recycling Officer-requested all federal agency procurement officials to
provide a report of their respective agency's progress in adopting an affirmative
procurement program.
OSW reported several efforts to develop markets for recycled products:
OSW has published the Scrap Tire Market Study and a 12-page Summary of
Markets for Scrap Tires for numerous federal, state, trade, and individual recipients.
The Agency's ORD and the Federal Highway Administration will prepare the
report to Congress on rubberized asphalt manufacture and roads.
The Federal Recycling Trade Fair to encourage the development of economically
efficient markets for products manufactured with recycled materials will be held
June 29-30th, 1992, in Alexandria, VA.
ENVIRONMENTALLY SOUND MANAGEMENT
State/Indian Tribe Programs
Four states (Connecticut, Virginia, Wisconsin, and California) are participating in a
pilot State and Tribal Implementation Rule (STIR) project to provide greater
flexibility in municipal solid waste program application development and review.
Over 450 people attended the First Annual Tribal Conference on Environmental
Management May 19th-22nd in Cherokee, NC. EPA and other federal officials
discussed waste, air, water, and pesticides, and assistance available. Indian tribes
from throughout the nation participated in sessions on developing environmental
management programs.
HAZARDOUS WASTE
MINIMIZE THE QUANTITY AND TOXICITY OF WASTE
OSW and the Office of Waste Programs Enforcement (OWPE) have started several
activities to achieve this goal. STARS does not track these activities.
24
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FY 1992 Second Quarter Progress Report OSWER
ENVIRONMENTALLY SOUND MANAGEMENT
More Effective and Rational RCRA Subtitle C Program
State Authorizations
The number of states authorized to carry out several parts of RCRA program include:
Most (49) states and territories (all but Hawaii, Alaska, California, Wyoming, and
Iowa) are authorized for the RCRA Base program, as well as Guam and the District
of Columbia. California submitted a final application in December 1991 to
implement the RCRA program.
About half (27) of the states and territories are authorized for the RCRA Mixed
Waste program.
Eight states (Idaho, Utah, Colorado, Texas, Minnesota, Illinois, Georgia, and South
Dakota) are authorized for the RCRA Corrective Action program.
Nationwide, states are authorized to implement about 30% of RCRA Subtitle C rules.
3
Permitting and Closure
For a universe of about 5,200 facilities, the regions:
Issued 40 permits (denying six) and 14 permit modifications (denying two).
Approved closure plans of 65 facilities, and certifying closure for 79 facilities.
Reported Pan B Applications for post-closure permits were called in for seven land
disposal facilitites; issuing public notice of intent to approve/deny post-closure
permits for five closed facilities, and issuing 11 (of 17 targeted) final post-closure
permit determinations.
Ranked 1,897 facilities (exceeding their target of 1,219) for environmental priority
(high, medium, low) out of over 2,600 scheduled for the year.
Corrective Action
About 2,400 RCRA facilities are scheduled to be prioritized under the National Corrective
Action Prioritization.System (NCAPS) this year. The regions:
Prioritized 1,607 facilities. Of these, the regions completed environmental priority
assessments, to determine what corrective actions to take when, for 165 facilities.
Evaluated 244 facilities (exceeding the 132 targeted) for stabilization measures.
25
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OSWER
FY 1992 Second Quarter Progress Report
Environmental Indicators
The final RCRA Environmental
Indicators FY 1991 Progress Report
was completed in January, and the
FY 1993 STARS measures include
two environmental indicators. The
Progress Report will be updated
annually. Both RCRIS and the
Biennial Report System will be used
to support environmental indicator
reporting.
FY 1993 RCRA ENVIRONMENTAL INDICATORS
Number of stales for which the Regions provide
final and complete 1991 Biennial Report data by
11/30/92; and
Narrative reports by Regions and states of waste
minimization activities taken as part of their waste
minimization strategies.
Import/Export
Liechtenstein was the 38th nation to sign the Basel convention on international import and
export of waste, thereby ratifying it. OSW participated with OWPE and Canada to
develop an action plan to implement the Basel convention, which is now in effect.
Maximize the'.
Enforcement Strategy
To date, OSWER's strategy has been
to maintain a strong base
enforcement program. As the
regulated universe becomes larger,
however, more sophisticated
approaches are needed to gain the
maximum leverage from each
enforcement action. Specific
segments of the regulated
community, or specific types of
violations of regulatory requirements,
will be targeted for enforcement in
FY 1992, and will be coordinated
nationally among EPA Regions, the
States and the Department of Justice.
RCRA ENFORCEMENT STRATEGY
Base Program:
Routine inspections;
Timely and appropriate enforcement response; and
Addressing significant noncompliance (SNQ.
Additional Measures:
Targeting environmental problems which may not
be addressed through current rugulatory, statutory, or
organizational framework; and
Applying existing authorities to geographic targets
in a more concerted manner to maximize
environmental improvements.
Inspections
During the first two quarters, both EPA and the states:
Inspected 472 land disposal facilities (172% of their target of 274);
Inspected 685 treatment, storage and disposal facilities (169% of the target of 405);
Inspected 144 federal, state and local treatment, storage and disposal facilities
(135% of the target of 107); and
Inspected 2,749 hazardous waste generators.
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FY 1992 Second Quarter Progress Report OSWER
Addressing Significant Noncompliance (SNO
At the end of the second quarter, the RCRA program reported:
There are 588 handlers in SNC that are High Priority Violators, having been
addressed by a formal enforcement action but not returning to full compliance: and
There are 568 handlers in SNCs have not had a formal enforcement action within
135 days of an inspection, record review or other compliance monitoring event.
Return to Compliance
Several new measures were added for FY 1991 to track the number of SNCs returned to
compliance. Of the facilities in SNC as of October 1,1991, as a result of an inspection,
record review, or other compliance monitoring event conducted prior to October 1, 1988.
at the end of the second quarter:
Four handlers returned to compliance without a formal enforcement action;
Two SNCS had a formal enforcement action and had returned to compliance with
all violations which caused them be in SNC; and
Eighteen facilities were currently undergoing legal proceedings.
Enforcement Activity
During the first two quarters, EPA:
Referred 10 RCRA civil cases to the U.S. Department of Justice (compared to 15
civil cases this time last year);
Referred 17 criminal cases to the Office of Criminal Enforcement (12 criminal cases
for the same period last year); and
Issued 136 formal administrative actions (compared to 135 this time last year.)
For the first two quarters, the states reported four criminal actions and 30 civil actions;
and issuing 608 administrative actions (compared to 487 this time last year.)
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FY 1992 Second Quarter STARS Report
OSWER
SUPERFUND
ENVIRONMENTALLY SOUND MANAGEMENT
Make greater use of innovative technology for site remediation and corrective action.
An integral part of all of OSWER's programs is the increasing application of
innovative technologies for source control and ground water remediation, providing
more options for greater effectiveness at lower costs. Efforts focus on improving the
process by which innovative technologies are developed, evaluated, selected,
marketed, and implemented.
STARS tracks the number of Superfund sites nominated as locations for demonstration
projects under the Superfund Innovative Technology Evaluation (SITE) program.
There was one site (RWS stage) nominated in second quarter, in Region V. This is the
first year that OSWER has reported this information to STARS. The STARS reports for
second and fourth quarters of FY 91 reported on the implementation of innovative
technologies at NPL sites.
Ensure the long-term effectiveness of response actions under Superfund.
The Superfund Amendments and Reauthorization Act (SARA) of 1986 increased the
emphasis on designing long-term cleanup solutions for Superfund sites. Superfund's
strategy includes greater emphasis on improved technologies and technology transfer,
and better evaluations of the remedies used.
STARS tracks the completion of final remedial actions (RAs) as one measure of site
completion. In second quarter, the
regions completed 17 final RAs (target of
13). The national end-of-year target is 34
sites.
In addition, under the 1991 Superfund
"30-Day Study," Superfund has
recommended that it would complete 130
sites nationally by the end of FY 92.
Program-to-date (through second
quarter), 80 sites have been completed.
Prior to this year, 63 sites had been completed.
"Site completion" occurs when the National
Contingency Plan criteria for deletion have been
met, or that the only activity remaining is
performance monitoring. STARS also tracks
Remedial Action (RA) completions, but because
there may be multiple RAs at a single site, this
does not indicate site completion.
28
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FY 1992 Second Quarter STARS Report
OSWER
PREPARE FOR AND RESPOND TO HAZARDOUS RELEASES
Better integrate QSWER's cleanup programs.
OSWER will work to integrate the relevant aspects of the Agency's cleanup programs,
such as Superfund, the Oil Pollution Act, RCRA's subtitles, and parts of the Clean
Water Act, to increase the efficiency and effectiveness of cleanup efforts. By FY 94,
OSWER will develop integrated technical training programs, develop CERCLA/
RCRA strategy and policy for lead-in-soil cleanups, and complete the Environmental
Priorities Initiative (EPI).
Under EPI, Superfund monies are used to pay for Preliminary Assessments (PAs) at
RCRA facilities. OSWER reported completion of 165 PAs under EPI, with about three-
fourths of these occurring in Regions III and IX. This is the first year STARS has
collected this information; only those RCRA PAs funded by Superfund are reported
under this STARS measure.
'<
Improve identification and remediation of hazardous and petroleum waste sites.
As the cleanup programs continue to
develop, OSWER will seek to address
the highest risks first, reduce the time
from site identification to effective
response, and reduce costs in order to
address more sites. The strategies to
implement improvements are broad and
aggressive.
Traditionally only the numbers of
activities have been tracked; OSWER
now tracks in STARS the timeliness of
certain pipeline activities.
The changes recommended by Don Clay, Assistant
Administrator, in the 30-Day Study are intended to
speed the completion of site cleanups. Key among the
recommendations are:
- standardized solutions for cleanup investigations,
remedy designs, and enforcement activities;
- higher priority on resolving conflicts between
EPA, DOJ, the states, and other parties;
- improved public communication of Superfund
accomplishments;
- modifications to the requirements for deleting sites
from the NPL; aid
- an aggressive targeting strategy for site
completions.
Summary of second quarter Superfund activity:
PIPELINE
STAGE
Site Investigations
RI/FS + Removals
RODs
RD Completbns
RA Starts
RA Completions
Site Completions
Q2
Target
444
10
43
46
31
20
Q2
Actual
739
6
19
42
18
28
80
EOY
Target
1,144
34
128
128
92
77
130^
Q2One
Year Ago
1,058
19
39
36
17
22
63*
Comments
Target surpassed for several years
Often a bottleneck
Activity consistent with previous quarters
There may be more than one RA per site
$ program-wide target * at end-of-year FY 91
29
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FY 1992 Second Quarter STARS Report
OSWER
Timeliness of Response
One of OSWER's objectives is to move sites
efficiently from remedy selection to response.
For the first time, STARS tracks the timeliness
of certain Superfund activities, providing key
information about efforts to continually
improve the speed of remedial response
development.
Regions reported in second quarter that, on
average nationally, the duration from ROD to
RD start was 3.8 quarters, and from ROD to
RA start was 10.2 quarters, a rate essentially
unchanged since first quarter. Superfund
does not report the duration of RD activities
or provide a Regional breakdown of durations
Maximize the Efficacy of the Enforcement Program
Quartw* Sinew Stwt of Rmpomfel* Pvty Search
12 14 16 18 20
This segment of the enforcement timeline illustrates
the generic schedule of remedial and enforcement
activities against which current activity may be
compared. Due to space limitations, some stages of
the process have been omitted. From the
Enforcement Project Management Handbook,
OSWER, 1989.
Enforcement Activity - RD/RA Settlements
During the first two quarters, there were 17
consent decree referrals under Sections
106, 107 and 122(d) for PRPs to conduct
or pay for RD/RA. There were 10 Section
106 UAOs issued for RD/RA (in
compliance), bringing the total number of
RD/RA settlements to 27 (against a target
of 24).
There were no Section 106 or Section
106/107 injunctive referrals to compel
PRPs to conduct RD/RA (without
settlement). There were 19 Section 106
UAOs issued to compel PRPS to conduct
RD/RA (without settlement).
Enforcement Activity -Information
Request Orders/Removals
There were two Section 104 (e) (5) orders
issued or cases referred to compel PRPs to
comply with information requests.
SUPERFUND ENFORCEMENT STRATEGY
Using enforcement authorities to compel
Potentially Responsible Parties (PRPs) to
participate in the Superfund process;
Managing the RD/RA negotiation process
within the timeframes established under
Section 122;
Maximizing cost recovery to the Trust Fund
and working toward achieving the
Management by Objective Goal of $300
million in FY 1993;
Use RD/RA settlement tools, including
unilateral administrative orders, de minimis
and mixed funding settlements;
Referral of treble damage cases, referral of
cases against non-settlors and penalty
authorities; and
dose Inter-agency and intra-agency
coordination in the settlement process.
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FY 1992 Second Quarter STARS Report OSWER
Fifty-one orders (AOCs and UAOs) were issued under Sections 104, 106 and 122 for
PRPS to conduct removal actions and/or RI/FS. Regions III and V had 12 and 11
orders, respectively.
Enforcement Activity - RD/RA Negotiations Process
The average duration between ROD and RD/RA negotiation completions was
24 quarters at the end of the second quarter, compared to 27 quarters at the end of the
first quarter.
Enforcement Activity - Cost Recovery Referrals
During the first two quarters, there were 18 Section 107 or 106/107 judicial referrals
(greater than or equal to $200,000) for Fund-financed removals, RI/FS, RD or RA
(against a target of 22).
In the OE Docket, the total number of CERCLA Section 107 cost recovery- referrals to
DOJ, including those less than $200,000 and/or those involving proof of claim
bankruptcy issues, was 18 for the first two quarters of FY 1992. There were
14 Section 106/107 referrals. Overall, there were 39 CERCLA civil referrals during the
first two quarters compared to 50 for the same period last year.
Enhance state capabilities to clean up hazardous and petroleum waste sites.
The Superfund program has been building toward developing state-run programs so
that more sites can be addressed sooner. Over the next five years, OSWER will place
increasing emphasis on enhancing
state capabilities, establish the
Agency's position on the state role
under CERCLA, and improve
cooperation and exchanges with the
states. Success measures include an
increasing number of state-conducted
non-NPL responses and increases in
the amount of contaminated media
managed by the states.
In January of 1991, a federal court ruled that EPA
has until July 1992 to complete preliminary
assessments (PA) at federal facilities, and one year after
that to determine whether any of the sites should be
placed on the NPL. As of February 1991, this included
about 50 facilities. Due to reductions of OSWER
measures reduction, PAs are no longer tracked in
STARS.
There are no STARS measures that track progress of Superfund state capabilities.
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FY 1992 Second Quarter STARS Report
ACCIDENTAL RELEASES
OSWER
PREVENT HARMFUL RELEASES
Improve release prevention practices and technologies.
OSWER's strategy focuses on efforts to collect and share information regarding
accident prevention, and provide stakeholder support. Chemical Emergency
Preparedness and Prevention Office (CEPPO) will identify and use the most effective
communication mechanisms, and work with stakeholders in identifying and
implementing their responsibilities and enhancing capabilities. OSWER will develop
ways to measure the success of these risk management programs.
To portray this progress, STARS tracks the number of Accidental Release Information
Program questionnaires sent to and returned by facilities with substance releases.
Nationally, there were 493 questionnaires sent out, and 322 returned (half of these
were in Region VI). This level of national activity is comparable to that of previous
quarters. There were 16 chemical safety audits conducted in second quarter.
Reduce the number of catastrophic or harmful releases of oil and hazardous
substances, particularly to high risk/high volume locations.
Under SARA Title ffl, OSWER will work with states and Local Emergency Planning
Commissions (LEPCs) to focus on high Emergency planning technical assistance occurred In
risk/volume locations, to identify and 80me area» *»*»» violations have been Identified.
develop profiles for environmentally critical
or high-value areas, and to work with states
to identify financial incentives for industry to-
prevent releases. Potential measures of
success include continuous reductions of
hazardous substance releases and declines in
environmental damage.
r-|~ Regions identifying at least 10% of violators
" inFY90andFY91*
F3 Regions providing at least 10% of national total
of technical assistance in second quarter."
Under CERCLA and EPCRA,
FY90 and 91 violator numbers.
OSWER-40, Q2 FY92 numbers.
In second quarter the regions
conducted 70 after-incident
evaluations, with one-third of these in
Region in. Regions also investigated
370 potential violations. The national
end-of-year target is 317 potential
violations.
In FY 90, OSWER reported that a total of 147
accidental releases violations of CERCLA and
EPCRA - were identified. In FY 91, a total of 647
violations were identified. OSWER stopped tracking
violations identified in STARS in FY 92.
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FY 1992 Second Quarter STARS Report OSWER
PREPARE FOR AND RESPOND TO HAZARDOUS RELEASES
Improve the preparedness of federal, state, and local entities to respond to releases of
petroleum and hazardous material into the environment.
Under Title III of SARA, states and communities are responsible for developing and
implementing emergency response programs. EPA's role is to support state and local
programs by providing technical assistance and training, by developing and testing
federal response plans, by collecting and making available information regarding
emergency responses, and by taking enforcement actions to increase compliance with
CERCLA and EPCRA. In second quarter, EPA provided technical assistance and
training in 340 instances.
OIL
PREPARE FOR AND RESPOND TO HAZARDOUS RELEASES
Improve Identification and Remediation of Petroleum Underground Storage Tanks
Confirmed Releases and Cleanups
Since the start of the program in 1986, the cumulative number of confirmed releases at
sites nationally is 156,287, and the cumulative number of:
Leaking underground storage tank (LUST) site cleanups initiated is 106,157
(68% of the sites with confirmed releases). Emergency responses to leaking
underground storage tanks and tank closures has increased, despite a decline in
LUST trust fund monies to the states.
Petroleum releases under control is 80,181 (51% of the sites with confirmed
releases).
Cleanups completed at sites is 38,709 (25% of the sites with confirmed
releases).
Enhance State Capabilities to Cleanup Hazardous & Petroleum Waste Sites
EPA Approved State Programs
All states and territories currently implement state UST/LUST programs. Of these:
Nine (including Maine and Maryland) have submitted completed applications
for EPA approval; and
Six have EPA approval: New*Mexico in FY 1990: Mississippi, Georgia, and
New Hampshire in FY 1991: and North Dakota and Vermont in FY 1992.
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OW FY 1992 Second Quarter Progress Report
OFFICE OF WATER
INTRODUCTION
The mission of the Office of Water (OW) is to restore, protect and enhance the natural
values and uses of the nation's waters as healthy, sustainable ecological systems,
recreational resources, and sources of food and drinking water. The following links
program priorities as expressed in the draft FY 1994-1997 strategic plan, "The Water
Planet HI," and the FY 1992 Agency Operating Guidance (AOG) with activity measures
tracked in STARS. For each of the five categories of water resources, goals, objectives
and strategies are outlined along with FY 1992 performance expectations. Second
quarter performance numbers indicate whether expectations for the year are being met.
RIVERS, STREAMS, AND LAKES
The goal for these natural resources is to fully support aquatic life and wildlife uses, fish
consumption uses, recreation uses and where appropriate, water supply uses. Objectives
are to increase the percentage of waters fully supporting aquatic life uses in targeted
waters; to reduce pollutants in targeted waters; to reduce and ultimately eliminate the
discharge of bioaccumulative pollutants; and to improve the quality and consistency of
fishing bans and advisories. Strategies are to target pollution prevention and control
activities based on sound science and technical information; to use the traditional tools of
the base program, such as permitting, criteria and standards development, effluent
guidelines development and enforcement in targeted areas; to develop new tools; and to
implement the nonpoint source control program. As described below, some of the most
important activities in support of these objectives are tracked in STARS for FY 1992.
POINT SOURCES
NPDES Permits
The National Pollutant Discharge Elimination System (NPDES) permit program is the key
regulatory tool for limiting point source discharges. Originally designed to control
conventional pollutants, the program now also limits toxics and combined sewer
overflows. STARS tracks major permits reissued by EPA and the 39 delegated states, and
permits reissued or modified with water quality-based limits for toxics. NPDES permit
limits ensure that a discharge does not violate state water quality standards and therefore
protect against adverse impacts to aquatic life and human health.
Through this quarter, EPA reissued 75 major permits and the delegated states reissued
240. Notable performance shortfalls for this quarter are in Regions I, II, and X, as
illustrated below, and are attributed to a variety of problems at the state level. Region V
has no second quarter target, but has repermitted less than 10% of its end of year target.
34
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FY 1992 Second Quarter Progress Report
ow
These levels of reissuance indicate that end of year targets (345 for EPA and 1.119 for
states) may not be met.
Second Quarter NPDES Permit Reissuance
300
200
100
I 8°
a.
o 60
0>
"I
z 40
20
0
Total End of Year Target
IX
Major and minor permits with water quality-based permits issued numbered 119 through
this quarter: last year 148 were issued in the second quarter. The lower numbers may be
due to a lack of reporting, and will be addressed in the third quarter.
NPDES Enforcement
FY 1992 enforcement objectives for the NPDES program include a high level of
inspections to identify compliance problems, effectively enforcing the pretreatment
program through state referrals, and maintaining high levels of compliance utilizing, the
SNC(Significant Non Compliers) / Exception reporting and enforcement process.
Inspections reported through the end of the second quarter indicate that 3,103 permitees
were inspected, exceeding the national target of 2,421. Of the 7,174 total major NPDES
facilities, 674 or 9% were in SNC during the second quarter (down from 754 last quarter).
At this time last year, 946 or 13% of the majors were in SNC. Last quarter's exceptions list
contained 99 major facilities. During the second quarter, 28 returned to compliance , and
19 were subject to enforcement action. The remaining 52 unresolved facilities plus 57
new SNCs added as exceptions during the quarter constitute the pending balance of 109
35
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ow
FY 1992 Second Quarter Progress Report
facilities.
Through the second quarter, EPA issued 649 administrative compliance orders, including
42 for failure to implement a pretreatment program and 72 proposed penalty orders for
NPDES violations. States issued 605 orders, including 108 penalty orders. These numbers
are on a par with last years second quarter numbers, when 642 EPA and 584 state orders
were issued. State civil actions included 68 referrals to their State Attorneys General (44
by Region VH), ten filed in state court, and 49 concluded cases.
Construction Grants & State Revolving Funds
The construction grant process tracked in STARS begins with outlays. In the second
quarter of FY 1992, Agency-wide net outlays
for grants and SRF were 93% of target.
Outlays in each region were at least 85% of
target. A new measure was added in this year
to track the number of construction grant
programs showing environmental results. A
project is considered to have begun to achieve
environmental results when it initiates
operations. In the second quarter, 89% of the
target was met, whereas only 61% of the
commitments were met in the first quarter.
The 1987 CWA Amendments provided no
additional construction grant program funding
after FY 1990. In response, the Agency
developed a national strategy to
administratively complete all construction grant
projects by the end of FY 1995 and to close out all grants
next steps are a possible audit, audit resolution, and project
Construction Grant Process
Obligation Of Funds
Engineering Design (1-2 years]
- Net Outlays for SRF & Construction Grants
Construction (3-5 years)
Environmental Results / Initiate Operation
Administrative Completion (6 months)
Audit and Audit Resolution
^^-^^^ Project Closeout
by the end of FY 1997. The
closeout.
Through the second quarter, administrative completions were 85% of target, up from last
quarters 60%. Project closeout, the final step in phasing out the program, is dependent on
a complex process, including completion of an OIG audit, resolution of debt issues, and
issuance of a closeout letter. Project closeouts continued the fast pace established last
year, closing out 448 projects against a target of 341. The program is therefore well set to
meet the fourth quarter target of 778.
Pretreatment Audits and Inspections
Pretreatment programs assure that Publicly Owned Treatment Works enforce controls to
protect health and the environment from conventional, hazardous, and toxic pollutants.
An audit or inspection is performed every year at 1,456 sites. Nationally, audit
performance is above target levels for both EPA and states. In Region HI, audit
performance is less than 25% of expected levels. EPA and state work on inspections is
around 80% of target and in Regions I, III and X, inspection activity is well below target.
Overall, pretreatment work is proceeding at a better pace than this time last year.
36
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FY 1992 Second Quarter Progress Report OW
Storm Water
The "National Water Quality Inventory, 1990 Report to Congress" provides a general
^assessment of water quality based on biennial reports submitted by the states. The report
indicates that roughly 30% of identified cases of water quality impairment are attributable
to storm water discharges. In addition, the Strategic Plan states that pollutants in storm
water discharges are leading causes of impairments to coastal and inland waters.
Over 100,000 industrial facilities and 220,000 municipalities are subject to EPA initial
permit requirements for storm water discharges. These permits will provide a mechanism
for monitoring the discharge of pollutants to waters of the United States and for
establishing source controls where necessary. Industrial facilities are given a choice of
three permit application options: individual, group or general permits. Municipalities must
submit two-part applications; Part One includes information regarding existing programs.
the means available to the municipality to control pollutants, and a field screening
analysis of major outfalls to detect illicit connections. Part Two requires quantitative data
;and a description of proposed storm water management plans.
In FY 1992 STARS will follow the number of baseline general permits issued for industrial
sources of storm water discharges and the number of Part One permit applications
submitted for municipal sources. Reporting for this new measure is still somewhat
experimental. One baseline permit for industrial stormwater was issued in Region X this
quarter. With eight regions reporting, 44 Part One applications were submitted, up from
six regions and 21 applications last quarter.
NONPOINT SOURCES
Agricultural runoff is the largest single source of impairment to the Nation's rivers and
streams. The Global Tomorrow Coalition is cited in the OW Strategic Plan as declaring
that nonpoint source pollution causes economic losses estimated at $3.6 billion/year. The
Strategic Plan outlines several activities with regard to nonpoint source control, but
-STARS measures are limited to reporting in fourth quarter'the number of waterbodies
targeted for total maximum daily load development (including NPS factors) and the
percentage of state priority waterbodies with nonpoint source control programs in place.
WATER QUALITY PLANNING, STANDARDS, AND ASSESSMENT
OW's fundamental strategic underpinning across all major resource areas is the
development of a solid scientific and technical foundation for decision-making. STARS
currently tracks two priority activities which reflect the implementation of water pollution
control criteria.
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ow
FY 1992 Second Quarter Progress Report
STATE COMPLIANCE
«03(c)(2)(B)
n=n Full coinplance
Toxics Criteria .
Section 303(c)(2)(B) of the Clean Water
Act (CWA), as amended, requires that
whenever a state reviews water quality
standards in accordance with §303(c)(l),
the state must adopt numeric criteria into
water quality standards for §307(a)
priority pollutants that could be
reasonably expected to interfere with
designated uses. Full compliance was
mandated for FY 1991. To date, 36 states
and 4 territories (American Samoa, Guam,
Palau, and the Virgin Islands) are in full
compliance for aquatic life and human
criteria. During second quarter FY 1992,
Florida, Arizona, and Commonwealth of Northern Mariana Islands adopted aquatic life
criteria, and Louisiana, Colorado, Arizona, the Commonwealth of Northern Mariana
Islands, and Arkansas adopted human health criteria. Legislative challenges in the state
of Washington have stalled adoption of aquatic life criteria. OW has promulgated federal
water quality criteria for states not in compliance; at present, there are 17 such states and
territories. The final rule is currently undergoing OMB review.
Triennial Review
The emphasis of these reviews is the reduction of ecological risk in critical surface
waterbodies. The requirements are designed to enhance the ability of states to adopt
water quality standards that will reduce risks facing aquatic resources, particularly from
nonpoint sources, combined sewer overflows and storm water runoff. The critical water
bodies targeted include wetlands and coastal/estuarine waters, but also may include lakes,
streams and rivers. Twenty states are targeted to complete triennial reviews for the FY
1991-1993 cycle. They 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. The states must complete their reviews and EPA
must approve or disapprove them by September 30, 1992. During second quarter four
states and one territory (Connecticut, Wisconsin, Arkansas, Oregon, and Commonwealth
of Northern Mariana Islands) completed triennial reviews. An additional 16 states are
targeted for fourth quarter.
COASTAL AND MARINE
For coastal and marine resources, OW's goal is to restore, protect and enhance the
Nation's waters to sustain living resources, protect human health and the food supply, and
recover full recreational uses of shores, beaches and coastal waters. Program objectives
include: increase the percentage of waters fully supporting aquatic life; reduce the amount
of pollutants discharged; decrease the temporal and spatial extent of hypoxia and anoxic
38
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FY 1992 Second Quarter Progress Report
OW
dead zones; increase the number of waters fully supporting recreational use; and reducing
the amount of debris in the marine environment.
While acknowledging that base programs must be maintained in order to sustain present
levels of coastal and marine protection, the Strategic Plan emphasizes the need for risk-
based resource targeting. OW will work with state and local governments to identify high
risk areas and environmental land use planning options, and to apply pollution
prevention principles. OW is forging a new leadership role vis-a-vis the states and
localities, encouraging non-federal implementation of comprehensive programs. OW
strategies tracked in STARS are limited to the NEP and ocean dumping efforts.
NATIONAL ESTUARY PROGRAM
(NEP)
The NEP assists state and local
implementation of Comprehensive
Conservation and Management Plans
' (CCMPs), which outline recommendations
critical to improving or preserving the
environmental integrity of the 17 targeted
estuaries. The development of a CCMP has
four phases: 1) creating a decision making
framework through involvement of all
stakeholders; 2) characterizing the estuary's
priority problems and their probable causes;
3) CCMP development; and 4) CCMP
implementation. STARS tracks the
development phase of the CCMP. As of
January 1992, final CCMPs have been
approved for Puget Sound and Buzzards
Bav.
17 Management Conferences of the NEP
Puget Sound - Final Completed FY 1991
Buzzards Bay - Final Completed FY 1992
Narragansett Bay - Draft Completed
San FranciscogBay
Long Island Sound
Albemerle-Pamlico Sounds
New York-New Jersey Harbor
Delaware Inland Bays
Santa Monica Bay
Sarasota Bay
GalvestonBay
Delaware Bay
Casco Bay -
Massachusetts Bays
Indian River Lagoon
Tampa Bay
Barataria-Terrebonne Bays
-For FY 1992, the program office expects to
complete three draft and one more final CCMP (Narragansett Bay). The Narragansett Bay
draft CCMP was complete this quarter.
OCEAN DUMPING
OW identified ocean dumping of dredged material as a risk to coastal water quality in their
strategic plan. STARS tracks the number of environmental impact statements and the
number of final actions. EPA takes final action in order to determine if the site will be
designated or not for ocean dumping. In FY 1991, EPA committed to 10 final actions and
completed four; in FY 1992, there is a commitment to seven final actions, one of which
was completed in the second quarter. To date, 75 ocean dumping sites out of an original
list of 147 sites have been designated on a final basis in 18 out of 28 coastal states. Puerto
Rico, American Samoa and Guam have ocean dumping sites as well.
WETLANDS
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OW FY 1992 Second Quarter Progress Report
The goal for our Nation's wetlands is "no net loss" as measured by acreage and function.
Over time, the Agency seeks to increase the quality and quantity of wetlands. The
wetlands program enforces CWA §404 and uses a variety of strategic initiatives to
promote wetlands protection activities, including advance identifications, public
education and outreach and comprehensive planning. These activities are tracked in
STARS. Nine major public outreach efforts were completed in Regions I, ffl, IV, VI and VII,
one comprehensive management and planning initiative was done in Region VI, and two
in Region IV. Two advance identifications were completed by Region VI in the second
quarter.
§404 ENFORCEMENT
FY 1992 enforcement priorities identified by the wetlands program include follow up of
enforcement initiatives begun in FY 1991, participation in new geographically-based
enforcement initiatives, and to continue the expanded use of civil and administrative
enforcement authorities. Through the second quarter the wetlands program completed
four geographic targeted enforcement initiatives, issued 46 administrative compliance
orders, seven administrative penalty complaints, referred five cases to the Department of
Justice (four civil and one criminal) and resolved 128 cases (through voluntary
compliance, or by administrative or civil action).
GROUND WATER
The strategic planning goal for ground water is to prevent adverse effects to human health
and the environment, and to protect the environmental integrity of this national resource.
OW is taking the lead on implementing ground water protection efforts which shift the
Agency's program focus from media source control programs to a resource-based
approach for protecting ground water. Specific objectives supporting this goal are to
reduce the population served by water systems using contaminated ground water, and to
reduce the amount of pollutants released into ground water. OW has identified a set of
priority activities to meet these objectives, including: increase the number of states
implementing Comprehensive State Ground Water Protection Programs; increase state
and local involvement in the wellhead protection program; eliminate 100% of identified
hazardous waste and endangering shallow injection wells, and ensure continued
compliance of all other injection wells. Progress in these activities is described in the
following sections.
COMPREHENSIVE STATE GROUND WATER PROTECTION PROGRAMS
Comprehensive programs provide a state-level framework that integrates the various
federal, state and local government ground water activities. Coordination will extend
beyond attempts to integrate various ground water pollution source control programs to
include integrated ground water data systems, coordinated federal grant assistance to
states and consistent ground water regulations. EPA's role is to assist states in the
development and implementation of comprehensive programs beginning with a national
series of round table discussions with federal and state agencies. The first round of
discussions have taken place. A document, "Draft Comprehensive State Ground Water
Protection Program Guidance" will be released to regions and states for formal comment
40
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FY 1992 Second Quarter Progress Report
OW
in July, 1992. The draft document incorporates the comments and suggestions offered
during the round table discussions.
WELLHEAD PROTECTION PROGRAM
OW is increasing emphasis on pollution prevention to complement its water quality
programs. The wellhead protection program is a key example of OW's pollution
prevention efforts. Priority will be given to shallow injection wells in targeted wellhead
protection areas. Nationwide, a total of 20 states have approved programs. This year,
New Jersey, Arizona and Alabama approved programs and 12 more are targeted for
approval.
UNDERGROUND INJECTION CONTROL (UIC) PROGRAM
WELLHEAD PROTECTION
PROGRAMS
May, 1992
0 Approved Programs
In past years, the UIC program had focused
its efforts on Class II wells. This universe is
now considered to have been brought up to
standard. In FY 1992, the UIC program will
place greater emphasis on targeted Class V
wells, especially industrial disposal wells and
automobile service station disposal wells that
pose the greatest risk to human health due to
contamination of underground sources of
drinking water, and on Class I hazardous
waste wells affected by the RCRA land ban.
Strategies include pollution prevention,
educating local decision-makers, cross
program coordination, multi-media
approaches, and federal consistency.
Injection wells in the UIC program are divided into the following five classifications:
Class I: Wells used to inject liquid hazardous wastes or disposal of industrial
and municipal waste waters below the lowermost underground
sources of drinking water.
Class II: Wells used to dispose of fluids related to oil and gas production.
account for over half of all regulated injection activities.
Class ITJ: Wells used to inject fluids for the extraction of minerals.
Class IV: Wells used to dispose of hazardous or radioactive waste into or
above an underground source of drinking water. These wells are
banned by regulation.
Class V: Wells not included in the other classes, generally used to inject
nonhazardous fluid into or above an underground source of drinking
water,
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OW FY 1992 Second Quarter Progress Report
A key component of the UIC pollution prevention strategy is consistent testing and
monitoring of active wells. Mechanical integrity tests (MTTs) are required prior to initial
injection and at least once every five years thereafter. These tests evaluate the operational
integrity of the well so that underground sources of drinking water will not be
endangered. Through second quarter, both primacy and EPA-directed states exceeded
their target. EPA-directed and primacy performance is 53% and 48.8%, respectively, of
the total annual target.
UIC ENFORCEMENT
The UIC enforcement program is focused on three objectives in FY 1992: identifying
noncompliers, maintaining compliance through enforcement, and reducing risk to public
health and the environment through Class IV and Class V well closures.
Field inspections, MTTs and self-reporting through the second quarter have identified 894
wells as being in SNC: 400 by the states and 494 by EPA (last year at this time, 2,189
wells were in SNC). At the end of the second quarter there were 461 wells on the
Exceptions List (wells which have remained in SNC for 90 or more days without a formal
enforcement action). Most of these are wells in primacy states of Regions I (109) and X
(304).
Through the second quarter, EPA proposed 53 administrative orders while states issued
486 (450 issued by Region V states). These numbers are ahead of last year's second
quarter numbers, when EPA had proposed 46 orders, and states issued 331.
A total of 243 Class IV and V wells were closed through second quarter (99 EPA and 144
primacy). This represents a significant increase in state activity over the first quarter, when
49 primacy wells were closed. Well closure requires the owner/operator to permanently
discontinue injection of an unauthorized and endangering fluid contaminant which is in
violation of RCRA, SDWA (Safe Drinking Water Act), or other applicable regulation(s).
DRINKING WATER
The overall strategic planning goal for drinking water is to ensure that all Americans
receive high quality drinking water sufficient to protect their health. In FY 1992, OW will
continue to emphasize regulatory development for contaminants specified in the 1986
SDWA Amendments. Program strategies include increasing enforcement to maintain and
improve compliance rates, building state capacity and providing increased public.
education to help speed the adoption of new regulations by the states, and improving the
Agency's scientific and technical base to strengthen federal, state, and local decision-
making.
PUBLIC WATER SYSTEMS SUPERVISION (PWSS)
OW has three major strategic planning objectives for drinking waters. First, OW plans to
reduce the number of people served by water systems that violate state or federal drinking
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FY 1992 Second Quarter Progress Report OW
water standards for regulated contaminants. By 1995, OW anticipates promulgation of
111 contaminants. The second objective is to increase the number of states adopting and
implementing new regulations, and thereby maintaining primacy. And finally, OW plans to
work with states to build capacity through technical assistance, guidance, and
development of state funding mechanisms. As described below, in FY 1992 STARS
tracks system compliance.
PUBLIC WATER SYSTEMS SUPERVISION ENFORCEMENT
The objective of the PWSS enforcement program is to protect public health by ensuring
compliance with drinking water standards. Compliance is monitored using the SNC /
Exception report format, and enforcement actions are initiated against those systems
which do not return to compliance within standard timeliness. PWSS STARS measures are
reported on a one quarter lag basis to accommodate the state data reporting process.
At the end of first quarter FY 1992, OW reported 1,704 public water systems to be in
significant noncompliance (SNC) for microbiological/ turbidity, and 868 for chem/rad.
Follow-up of the 664 SNCs for MfT previously reported as "new" in third quarter FY
1991 has resulted in 48% being resolved by either returning to compliance or by an
enforcement action during the timely and appropriate period. The remaining 348 systems
were added to the exceptions list. Follow-up of the 326 new chem/rad SNCs for the same
period resulted in only 16% being resolved and the remaining 276 systems being added to
the exceptions list.
Of the 771 exceptions for MfT identified at the beginning of the first quarter, 33% were
resolved by either returning to compliance or initiating enforcement action by the end of
the quarter. The other 517 systems remain to be addressed. Of the 183 chem/rad
exceptions, 30% were resolved for the same time period, leading 128 systems tO:be
addressed. *' ~
First quarter EPA enforcement activity included issuance of 154 NOVs, 112 proposed
administrative orders, 128 final administrative orders, and eight complaints for penalty.
States issued 130 administrative compliance orders, referred nine civil cases, and filed six
criminal cases.
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