• Agency KBB>±L United States Environmental Protectn KJHl m ------- A Review of Environmental Progress What gains has the country made since 1970 in dealing with its environmental prob- lems? That was the year marking the surge of public en- vironmental concern and the establishment of EPA. What does the remaining en- vironmental agenda look like? What kind of problems will we face and will they be easier for the country to solve? In a comprehensive assessment of environmental progress since EPA was cre- ated, the agency discusses these questions, basing its comments and conclusions on the best data and expertise available. This issue of EPA Journal previews a draft of this major report which will be published soon. Including another topic of broad public concern, the Jour- nal publishes excerpts from a recent speech by Administrator William Ruckelshaus on the agency's experience and policy with regard to risk assessment and risk management. These are basic tools the agency is using as decisions are made on difficult environmental mat- ters. Other subjects covered are the most recent major actions being taken to deal with en- vironmental problems the country faces. Included are arti- cles on EPA's phaseout of the pesticide EDB in citrus fruit, steps by the agency to curb asbestos contamination in schools and other public build- ings, a proposed update of ait quality standards for pollution particles in air and a suit by the Justice Department to compel cleanup of PCB pollu- tion from a Chicago area elec- tric utility's equipment. A new EPA policy encouraging more pollution tests using biological tech- niques such as measuring the effects of wastewater on fish is explained. Findings from a nationwide assessment of water quality conditions for fish are reported. Another ar- ticle reports on a battle the agency is waging against the rigging of bids in the wastewater construction grants program. Pollution from nonpoint sources around the country and solutions to the problem are explained in excerpts from an EPA report on the subject. New appointments and a new mission by an EPA scien- tist are reported along wild summaries in the regular fea- ture, Update, of other recent developments at the agency. Environmental Almanac con- cludes the issue with a focus on a special spot in nature— Fern Valley. ( Youngsters paddle their rubber raft on lake near Ely, Minn,, an adventure helped by clean water. ------- United States Environmental Protection Agency Office of Public Affairs (Al 07) Washington DC 20460 Volume 10 Number 3 April 1984 oEPA JOURNAL William D. Ruckelshaus, Administrator Josephine S. Cooper, Assistant Administrator for External Affairs Jean Statler, Director, Office of Public Affairs Charles D. Pierce, Editor John M. Heritage, Managing Editor Susan Tejada, Contributing Editor EPA is charged by Congress to protect the Nation's land, air and water systems Under a mandate of national environmental laws, the Agency strives to formulate and implement actions which lead to a compatible balance between human activities and the ability of natural systems to support and nurture life. The EPA Journal is published by the U.S. Environmental Protection Agency. The Administrator of EPA has determined that the publication of this periodical is necessary in the transaction of the public business required by law of this Agency. Use of funds for printing this periodical has been approved by the Director of the Office of Management and Budget. Views expressed by authors do not necessarily reflect EPA policy. Contributions and inquiries should be addressed to the Editor (A-107). Waterside Mall, 401 M St., S.W., Washington. D. C. 20460. No permission necessary to reproduce contents except copyrighted photos and other materials Environmental Progress and Challenges 2 Risk in a Free Society 12 Public Meeting Set on Asbestos in Buildings 16 EPA Assesses Penalty for Asbestos Violations 17 Further Steps Taken to Eliminate EDB 18 New Air Rules Proposed for Paniculate Matter 19 Government Files PCB Cleanup Suit 22 Biological Tests Okayed for Toxics Control 23 Report Surveys Water Quality for Fish 25 EPA Battles Bid Riggers 26 Nonpoint Source Pollution in the U.S. 27 New Appointments, New Missions at EPA 32 Update: Recent EPA Actions 34 Almanac: Exploring Fern Valley 36 Go r '-• CO Cover: Young couple strolling amid the splendor of a beach on Ore- gon's rugged coast. Photo by C. Biedel of Photri, Photo Credits: Steve Delaney; C. Biedel of Photn; U.S. Soil Conserva- tion Service; E. James White. U.S. Department of Agriculture; Rex Gary Schmidt from painting by Bob Mines; Library of Congress Col- lections; Thomas R. Chittenden; and U.S. Forest Service. Design Credits: Robert Flanagan; Ron Farrah o The annual rate for subscribers in the U. S for the EPA Journal is S20.00. The charge to subscribers in foreign countries is S2b 00 a year The price of a single copy of the Journal is S2 00 in this country and S2.50 if sent to a foreign country. Prices include mail costs Subscriptions lo EPA Journal as well as to other Federal Government magazines are handled only by the U S Government Printing Office Anyone wishing to subscribe to the Journal should fill in the form at right and enclose a check or money order payable to the Superintendent of Documents The requests should be mailed to: Superintendent of Documents. GPO, Washington, D C 20402 EPA JOURNAL Subscriptions Name First, Last Please Print ; ; 1 . . Company Name or Additional Address Luui : . , . . , 1 i ; . i I 1 1 1 1 1 i i . Street Address LLiJJ JJ i.iil.,, , State I 1 I Payment enclosed (Make check payable to Superintendent of Documents) I [Charge to my Deposit Account No Zip Code 1 ------- - Airborne test tor wo/;. Environmental Progress and Challenges Over the past 13 years a State-Federal partnership has made substantial ad- vances in controlling pollution in this country, yet increasingly complex and costly new challenges loom ahead in the Nation's quest for a cleaner environment. This assessment is contained in a soon-to-be released report on environ- mental progress made since EPA was es- tablished in 1970 and the most significant environmental challenges ahead. The report, entitled "Progress and Challenges: An EPA Perspective on the Nation's Environment," traces the results of early environmental control measures, examines the nature of current and emerging problems, and describes EPA's strategy for dealing with these problems. Intended as an educational document for the public, the report is designed to foster a better public understanding of the complex nature of environmental control and decision-making. Another purpose of the report is to focus atten- tion on the Agency's effectiveness in achieving real environmental gains. An important reason for the massive effort made by the Agency to assemble the information in the report was the recognition by EPA's leadership of the need to establish a baseline for measure- ment of future environmental effective- ness and to anticipate emerging prob- lems. EPA Administrator William D. Ruckels- haus said the report will provide an ac- counting to the American public of the Agency's stewardship of the Nation's air, land and water during the past 13 years. "The environmental challenges of the 1980s are much more complex than the EPA JOURNAL ------- Water ones we tried to address in the 1970s and they will not yield quickly to our efforts," Ruckelshaus said, "In setting out to find solutions to the environmental issues of the eighties and nineties, we start with a keen apprecia- tion of the difficulties involved. Finding the evidence of contamination, assessing the threat, correcting the damage, setting up preventive measures, and paying the price of protection—all raise questions of science, technology, and public policy that are as difficult as they are important. "In a number of cases, we must decide whether the very fear of risk is sufficient cause to act, or whether we must await more certain evidence that the risk is real. In these and other cases, we lack both certainty as to the degree of risk and proven technology to remove it. In nearly every case the cost of protection gives pause to any public servant who must weigh the investment of public funds against the value of the protection to be purchased. We must make judg- ments with whatever information we have and expect to learn more as we go. "I believe that EPA's highest priorities in the years ahead are to maintain prog- ress, improve our understanding and knowledge, and anticipate new chal- lenges. All this must be done while strengthening our partnership with State and local governments and maintaining public support and trust." The new report explores the pollution problems and corrective efforts. The report was prepared by the EPA Office of Management Systems and Evaluation, with the cooperation of the Agency's program offices. This article reviews highlights of the re- port's findings on the progress and chal- lenges in four major environmental areas: water, air, land, and control of pesticides and toxic substances. Key find- ings in the report follow: When EPA was established in 1970, the Nation was painfully aware of the pollu- tion of its public waters. For example: • The Izaak Walton League described the Willamette River in Oregon as a "stinking slimy mess, a menace to public health, esthetically offensive, and a biological cesspool." • In the Nation's capital, huge mats of smelly, floating algae clogged the Poto- mac River. • Escambia Bay, East Bay, Pensacola Bay, and Santa Rosa Sound, Florida, were so polluted that frequent fish kills were measured in terms of square miles of dead fish. During the years since, individual citizens, businesses, industries, and governments have achieved important successes in restoring water quality. Sport fishermen again tine the banks of the Willamette, the Potomac has raft races, fishing derbies and waterfront fes- tivals, and rather than massive fish kills, shrimp and oysters are back in Pensacola Bay. These are not isolated instances of im- provement. The best available State and Federal data indicate that the quality of most of the Nation's streams has held constant or improved over the last 13 years despite increases in pollution dis- charges as a result of the Nation's pop- ulation and industrial growth. A 1983 assessment of water quality im- provements from 1972-1982 conducted by the Assocation of State and Interstate Water Pollution Control Administrators and the States showed that of 444,000 miles of rivers and streams surveyed, water quality of 47,000 miles of streams, measured against conventional pollu- tants, improved; 11,000 miles declined, and 297,000 miles showed no major change. Information on 90,000 miles of streams surveyed was not available. Similar trends were reported for lakes. These water quality improvements reflect the success of the approaches to pollution control prescribed under the Clean Water Act. Increases in pollution from in- dustries and municipalities as a result of industrial and population growth have been offset in most places by improved treatment of wastewater. Ground Water Ground water is a major source of water for agriculture and industry. In addition, about half of all Americans, and up to 95 percent of those in rural areas, rely on ground water as their principal source of drinking water. Once contaminated, ground water may be impossible to clean up. It moves slowly—typically only 5 to 50 feet a year—through porous aquifers that may be several hundred feet underground. Plumes of highly concentrated con- tamination may remain in ground-water aquifers for years. Little is known at this time about the extent of ground water contamination or the health effects associated with its contamination. States have identified the following sources of ground-water contamination problems: Major problems: Industrial and munic- ipal landfills and lagoons; leaking under- ground storage tanks; and chemical, oil and brine spills. Intermediate problems: well injection; pesticides; fertilizers; and septic tanks. Minor problems: salt water and brack- ish water intrusion; road salts and feed- lots. Variable problems by site: wastewater treatment; land application of municipal sewage; and mining. Of all these problems, those caused by leaking storage tanks have been drawing the most attention recently. These tanks are used to store various types of liquids, including gasoline, hazardous and toxic chemicals, domestic fuels, process chem- icals and wastes. The waste from such leakage is tre- mendous. For example, in just one State, Maine, it is estimated that as many as 25 percent of the underground gasoline storage tanks at the 10,000 or more retail gasoline outlets in the State may be leaking. The estimated waste discharged each year from these leaking tanks in Maine is 11 million gallons. Drinking Water When the Safe Drinking Water Act be- came law, there was public uncertainty, not only about purity, but in some cases about who provided the water and was responsible for its quality. The Federal Government knew of about 19,200 public water systems in 1969. At present more than 59,000 sys- tems provide water on a daily basis. In addition, more than 164,000 other sys- tems operate seasonally or serve the traveling public. Almost two-thirds of the 59,000 community water systems in the APRIL 1984 ------- country serve 500 or fewer persons. Many such systems are privately owned. The number of water supply systems meeting monitoring requirements has risen steadily. In 1969, only 15 percent of community systems routinely monitored drinking water for microbial contamina- tion. This is the main indicator of organ- isms that cause water-borne disease in humans. By 1982, 85 percent of the sys- tems were doing regular microbial anal- yses and meeting the national standard. State efforts to protect drinking water quality have increased significantly. All but five States and the District of Colum- bia now take primary responsibility for enforcing Federal safe-water rules. Under the law, EPA must enforce the rules if States do not. Increased State partici- pation has been accomplished by an in- crease in State capability to measure and analyze low concentrations of con- taminants. System operators now are better trained and more attention is being paid to helping small systems that produce most of the continuing viola- tions. While most water systems currently provide high quality drinking water in conformance with national standards, greater compliance with existing stan- dards is needed, particularly in small sys- tems. Water Pollution Challenges In the 1970s, EPA sought to control ma- jor sources of "conventional" pollutants, such as organic wastes, sediments, bac- teria and viruses, oil, grease, and ex- cessive heat from man-made causes. Those efforts focused on obvious sources of very large volumes of pollution, in- cluding primarily "point sources" of mu- nicipal sewage and industrial waste. Many gains have been made, but this work is not complete. Progress in controlling conventional pollutants from point sources has meant that nonpoint sources and other pollu- tants, such as toxic contaminants, con- tribute a greater proportion of the Na- tion's water pollution problem. EPA and the States also are looking more carefully at problems in ground water, in es- tuaries, and at the destruction of inland and coastal waters. 'tyo-j . • i'.ronmcnt The following are six of the most sig- nificant long-run water quality challenges where EPA will place high priority in years to come: • Toxic pollution: Although industry has made great strides in controlling con- ventional pollutants, the problem of tox- ics contamination and the degree to which industrial sources can achieve fur- ther clean-up requires continued atten- tion. • Ground water contamination: This is potentially the most serious water prob- lem due to the variety of possible sources and to the difficulty of detecting contaminants and of remedying ground water pollution after it has occurred. • Contamination of drinking water: Pub- lic health problems related to water sup- ply still persist, particularly in small sys- tems. Contamination by synthetic chem- icals may require new techniques to treat and monitor drinking water. • Wetlands: Many of these important lo- cal ecosystems have been destroyed for farming and forestry, disposal of waste and other land development activities. Although the economic, environmental, and esthetic value of wetlands is better understood, losses of these valuable lands still continue. • Pollution from sewage: Problems re- main in assuring continuous adequate treatment at existing treatment plants and in providing plants to ensure ade- quate capacity to handle population and economic growth. • Non-point sources: The challenge of restoring and protecting streams de- graded by pollution from agriculture and other non-point sources can be met only by a major Federal, State and local effort. EPA JOURNAL ------- The effects of air pollution are sometimes overshadowed today by other environ- mental threats that seem not to be as well controlled. However, it does not take much effort to remember what air pollu- tion problems existed before the strenuous efforts of the last thirteen years were made: • There were areas in the late 1940s and early 1950s, both in the United States and other countries, where air pollution levels were so bad that many people were hospitalized and several died. • Many cities were perpetually en- veloped in a smoky haze, as industries emitted thousands of tons of pollutants into the air with few or no controls. • Dirt and grirne from the air were com- monplace in homes, on laundry left out- side, and on buildings, cars, and vegeta- tion'. Dramatic progress has been made over the last 13 years. Levels of pollution in the air are lower, and unhealthful days from the standpoint of air pollution are far less frequent. In addition, most in- dustries have put pollution controls in place, and practices like open burning that were common are no longer per- mitted in many areas. However, many air quality problems still remain and others are emerging. Many areas of the country still have air quality that is far below national stan- dards. We now know that our strategy of allowing facilities to emit pollutants high into the atmosphere from tall stacks has contributed to the formation of de- positions that could cause damage in many parts of the country. Air pollution of some sort is found in nearly every area of the United States and is particularly severe in urban areas. It causes both health and environmental damage. Some of the health problems brought on or aggravated by air pollution include lung diseases, such as chronic bronchitis and pulmonary emphysema; cancer, particularly lung cancer; neural disorders, including brain damage; bron- chial asthma and the common cold, which are more persistent in places with highly polluted air; and eye irritation, particularly caused by smog. Adverse en- vironmental effects also damage crops and vegetation. Two major types of air pollutants are regulated under the Clean Air Act: criteria pollutants and hazardous air pol- lutants. , • The Clean Air Act Amendments re- quired EPA to set National Ambient Air Quality Standards for the most common air pollutants which endanger human health. EPA has set standards for six such pollutants—called "criteria pollu- tants." For each criteria pollutant, stan- dards are set to protect both human health and what the Act refers to as "welfare," primarily crops and vegeta- tion, buildings, and visibility. The six criteria pollutants for which National Ambient Air Quality Standards have been set are: ozone, suspended particulates, carbon monoxide, sulfur dioxide, lead, and nitrogen dioxide. • The Clean Air Act Amendments also require EPA to review and regulate hazardous air pollutants. These pollutants are defined as those pollutants not already regulated as criteria pollutants but that can contribute to an increase in mortality or in serious illness. EPA has set hazardous air pollutant standards for asbestos, beryllium, mercury, and vinyl chloride. Both criteria and hazardous air pollu- tants come from two major categories of sources, mobile sources and stationary sources. Mobile sources include passen- ger cars, trucks, motorcycles, boats and aircraft. Stationary sources include a wide range of large industries such as iron and steel plants and oil refineries; small businesses like dry cleaners and gas stations; and residences. Mobile Sources Mobile sources of air pollution produce more than half of all air pollution emis- sions. Principal pollutants generated by mobile sources are carbon monoxide, volatile organic compounds, nitrogen ox- ides, and lead. Volatile organic com- pounds and nitrogen oxides, when ex- APRIL 1984 ------- posed to sunlight, can form another criteria pollutant, ozone. These pollutants are formed as a result of the burning of gasoline. Carbon mono- xide and volatile organic compounds are formed when engines burn fuel in- efficiently; nitrogen oxides are formed when fuel is burned efficiently, causing high temperatures. EPA has controlled the emission of these pollutants through the Federal Motor Vehicle Control Program (FMVCP). Under this program, EPA sets national emission levels for each pollutant type, and requires manufacturers of new cars to design their cars to meet them. EPA and the States also support and operate inspection and maintenance programs to test operation and emission levels of cars in use. In addition States and local gov- ernments develop transportation control measures such as carpooling programs and express lanes for buses to reduce mobile source emissions. Stationary Sources Stationary sources generate air pollutants as a by-product of industrial processes or as a result of burning fuel. These two types of activity generate about equal amounts of air pollution, although the types and amounts of specific pollutants they generate are quite different. Electric utilities, industrial facilities, and residen- tial and commercial buildings are the pri- mary sources of pollution from fuel com- bustion. Sulfur dioxide, nitrogen oxides, and particulates are generated from the burning of coal, fuel oil, natural gas, wood, and other fuels. Industrial proc- esses produce sulfur dioxide, nitrogen oxides, and particulates, but also gener- ate carbon monoxide and volatile organic compounds. Stationary sources that generate hazardous air pollutants are numerous: industrial processes, particularly those of the chemical industry; fuel oils con- taminated with toxic chemicals; hazardous waste handling and disposal facilities; municipal incinerators; and electric utilities, among others. EPA's approach to controlling air pollu- tion from stationary sources relies heavi- ly on the States. Each State must draw up, for EPA review and approval, a State Implementation Plan (SIP) describing how it intends to control emissions from stationary and mobile sources in order to meet National Ambient Air Quality Stan- dards in each of its counties, In addition to setting National Ambient Air Quality Standards, EPA also sets stan- dards that limit the pollutant emissions a source may generate. Once emission standards are set, EPA and the States write specific permits, monitor the facility to ensure that it complies with permit limits, and take enforcement action when necessary. Progress to Date EPA and State and local governments have taken many of the necessary steps to control air pollution. Motor vehicle de- sign has been modified to reduce pollu- tion emissions. Because the principal de- sign changes made to reduce emissions require use of unleaded gasoline, a side effect of design changes has been signifi- cant reductions in lead emissions. Most industries also now have air pollution control equipment in place. EPA and the states measure levels of criteria pollutants in the outdoor air by using a network of monitors across the country. Data from this network for the period from 1975 to 1982 show that ambient levels of all criteria pollutants are down nationwide. Particulate levels decreased 15 percent between 1975 and 1982. The difference in the emissions trend (27 percent during this period) and the ambient trend can be accounted for by the farge amount of natural wind-blown dust. Sulfur dioxide levels, primarily from fuel combustion and industrial processes, de- creased 33 percent. Nitrogen dioxide levels increased be- tween 1975 and 1979, but dropped be- tween then and 1982. The 1982 level was the same as the level in 1975, and well below the ambient standard. Ozone levels decreased 18 percent, and exceedances of the ambient standard during the ozone season (July- September) during these years dropped even more dramatically: 49 percent. Carbon monoxide levels dropped 31 per- cent between 1975 and 1982. Even more noteworthy is the fact that exceedances of the ambient standard dropped 87 per- cent during this period. Lead levels decreased nationally 64 per- cent between 1975 and 1982, primarily because of a drop in the use of leaded gasoline: Air Quality Challenges Though progress has been made in con- trolling air pollution from both mobile and stationary sources, much still needs to be done. Five of the six criteria pollu- tants, all except nitrogen dioxide, are cur- rently of major concern in many areas of the country. There are many counties where health related standards were not met in 1982 for one or more of the criteria pollutants. In addition, certain areas still have levels of pollution on some days above levels considered safe. Another problem that needs to be bet- ter controlled is air toxics, a pollution source of growing importance. As EPA and the States grapple with these continuing problems, they will also need to cope with emerging problems like acid deposition and indoor air pollu- tion. Eight of the most significant air quality challenges that now face EPA and the States are: EPA JOURNAL ------- Land Ozone: Ozone is the Nation's most serious criteria pollutant problem. The pollutants which form it, nitrogen dioxide and volatile organic compounds, are emit- ted approximately equally by mobile and stationary sources. Particulates: Though not as serious a problem as ozone, the paniculate prob- lem is quite widespread and, in some areas, quite severe. Much of the problem is due to large amounts of wind-blown dust. Carbon Monoxide: Like ozone, the car- bon monoxide problem is most severe in large urban areas. This is due to the large number of cars in cities, which are the primary source of this pollutant. Lead: While the national levels of lead are well below the ambient standard, this pollutant is still a great concern in certain areas, especially around lead smelters. Sulfur Dioxide: Sulfur dioxide is a con- cern both because of its effects on human health and because of its role in acid rain. The primary source is electric utilities. Air Toxics: There is increasing evidence of human exposure to toxic chemicals in the air and concern that some of these chemicals may pose immediate and long- term health problems, including cancer and birth defects. In many cases, EPA lacks adequate information on what toxic chemicals are being released into the air and what quantities of chemicals are being generated. Information is also lack- ing on what health effects they have in the concentrations found in outdoor air. Acid Deposition: State programs under the Clean Air Act emphasize the local effects of pollution, and not environmen- tal effects hundreds of miles away. Now greater attention is being focused on the transport of sulfur and nitrogen dioxides that contribute to acid deposition, and there is concern about the long-range transport of ozone from large industries. Indoor Air Pollution: The quality of in- door air is affected by individuals who smoke, by fumes given off by some building materials, by fumes from heating and cooking devices, and by a variety of other activities and sources. Levels of criteria and other air pollutants inside buildings are in some cases much higher than levels at which standards are set for pollution outdoors. EPA is focusing its efforts on carefully assessing whether indoor air pollution presents health risks, a potentially serious concern because Americans spend an average of 70 to 90 percent of their time indoors. Environmental protection has focused historically on air and water pollution. While the Federal government has been involved in protecting wildlife and other special areas from development since the turn of the century, it was not until the 1970s that there was much public con- cern about pollution of the land. Now it is apparent that contamination of the land not only threatens to restrict future uses of the land but also affects the qual- ity of the surrounding air and water. Love Canal in New York State, the Valley of the Drums in Kentucky, and Times Beach in Missouri are notorious examples of this. All have been severely damaged by careless disposal of hazardous waste. While these sites are among the worst, similar situations across the country have raised public awareness of the environ- mental and health hazards that can be caused by hazardous waste problems. One of the Nation's top environmental priorities is to clean up these problems and to regulate hazardous waste han- dling to prevent similar problems in the future. Most of the six billion tons of wastes dumped onto the land each year are rela- tively non-hazardous. Half of these wastes, for example, are agricultural wastes, including the unharvested por- tions of crops. However, a signifi- cant portion of the non-agricultural wastes, particularly those from industrial sources, can pose significant hazards to public health and the environment when they are carelessly disposed of. An es- timated 165 million tons per year of these wastes are subject to regulation as hazardous waste under current law. Hazardous wastes can cause fires and explosions, corrosion and acid burns. Health effects range from headaches, nausea, and rashes to serious im- pairment of kidney and liver functions, cancer, and genetic damage. Recognizing problems in the genera- tion and disposal of such wastes, Con- gress enacted several laws to protect health and the environment. These laws are aimed at two basic objectives: • Proper management and disposal of wastes being generated now and that will be generated in the future. • Cleanup of sites where the results of past disposal practices now threaten sur- rounding communities and the environ- ment. Wastes are seemingly inevitable by- products of virtually all activities people pursue in their daily lives. Every major sector of the economy contributes. The kinds of wastes produced and their effects vary greatly, As a result, they need different levels and types of control. These wastes are primarily from five sources: agriculture (50 percent of total), mining and milling (39 percent), industry (7 percent), municipalities (3 percent), and utilities (1 percent). Agriculture and Forestry Of the six billion tons of waste each year, half is from farming and forestry. The threat posed by most of this waste is relatively small. Much forestry waste is now burned for energy and agricultural waste is mostly plowed back into fields or burned. Some wastes, like unused pesticides and empty pesticide con- tainers, do present special hazards. EPA sets requirements for the disposal of pes- ticide containers and unused pesticides. Mining Wastes Another 39 percent of the total waste generated is from mining. These wastes consist primarily of "overburden," the soil and rock cleared away before mining, and "tailings," material dis- carded during ore processing. Mining wastes are generally classified as a low hazard waste, but are a problem because of the large volumes generated. Federal law limits EPA to identifying potential health, safety and environmental hazards of mining wastes and determining the need for further regulation. Industrial Wastes Industries are the major source of hazardous wastes. While it is not yet known what portion of the 400-million- ton annual total of industrial wastes is hazardous, a recent EPA survey es- timated that roughly about 165 million tons of hazardous waste subject to cur- rent Federal requirements are generated by industry each year. Although this hazardous waste is generated by the full range of major American industries, the chemical industry accounts for over 70 percent of the total. EPA and the States share responsibility for managment of newly generated hazardous wastes under the Resource Conservation and Recovery Act — a "cra- dle to grave" effort covering the genera- tion, transportation, storage, treatment and disposal of today's hazardous wastes. APRIL 1984 ------- The Comprehensive Environmental Re- sponse, Compensation and Liability Act, known as the Superfund program, au- thorizes EPA to act directly to clean up those sites where hazardous wastes from abandoned or inactive waste sites endan- ger public health or welfare. It provides a special fund for cleanup of abandoned or inactive hazardous waste sites. A total of SI.6 billion has been made available for that work. Municipal Wastes Municipal wastes include household and commercial wastes, demolition materials, and sewage sludge. Some household and commercial wastes, such as house- hold cleaners and pesticides, are clearly hazardous. They are so intermingled with other wastes that specific control of such materials is virtually impossible. Also, "leachate" resulting from rain water seeping through municipal landfills may contaminate underlying ground water. Although the degree of hazard presented by this leachate is relatively low, such a volume of it is produced that it may be a significant contributor to ground-water contamination. Sewage sludge is a solid, semisolid, or liquid material that remains after sewage has been treated by municipal water treatment plants. Nearly seven million dry tons of sludge are generated each year. Improper on-land disposal of some present-day sludges can transfer a pollu- tion problem from water to land. Utility Wastes The principal wastes produced by electric power plants are sludges from air and water pollution treatment processes. Some of these plants also produce high- level radioactive wastes. RCRA assigns EPA the responsibility for determining whether there is a need to regulate the sludges from air pollution control methods at these plants. Progress to Date Stringent controls are now in place to regulate the treatment, storage and dis- posal of currently generated hazardous wastes to ensure that they do not create problems in the future. EPA has also moved forward in addressing the prob- lems posed by inactive hazardous sites. In the three years since the Superfund program was established, EPA and the Annul vivw of a coal st/ip mine in the Western U.S. States have worked to inventory the ex- tent of the problem across the country and to establish procedures for cleaning up these sites. More than 540 sites are currently included for action on the National Priority List, and the necessary steps to clean up the worst of these sites are now underway. Abandoned and Inactive Hazardous Sites EPA and the States have identified over 16,000 abandoned or otherwise inactive sites that may contain hazardous waste. The total number of identified sites is ex- pected to reach 22,000 by the end of 1985. EPA is now carrying out a multi- step assessment procedure to determine which of these sites actually pose a dan- ger to public health or the environment and, if so, what clean-up actions are appropriate. Since December 1981, Federal and State authorities have reached settle- ments under which responsible parties will spend $177.6 million in clean-up at such sites. To date, Federal and State au- thorities have also sued responsible par- ties to recover $16.7 million in clean-up costs paid from Superfund. Recovered funds are returned to the Superfund for use at other sites. EPA has issued orders for clean-up at 72 uncontrolled or inactive sites, 110 cases have been referred to the De- partment of Justice, and 91 of these have been filed in the courts. Industrial Hazardous Wastes The basic approach to managing hazardous wastes under the Resource Conservation and Recovery Act is to track such wastes through a system of records called "manifests." The system of man- ifests for tracking the processing of hazardous wastes from "cradle to grave" is now in place. What remains to be done is to continue improving the operations of the existing treatment, storage, and disposal facilities to decrease the possibility that improper waste handling at these facilities might present a hazard to public health or the environment. EPA JOURNAL ------- •4** Hazardous waste, cleanup challenge of the 80s. , ' EPA and the States are taking steps to ensure that currently generated waste will not result in additional multi-million- dollar ctean-up problems. Specifically: • EPA has taken steps to identify every active hazardous waste facility. • Regulations setting standards for in- dustries generating hazardous waste and for facilities treating, storing or disposing of such wastes are now in place. All treatment, storage, and disposal facilities are subject to these "interim status" re- quirements until they can be issued final permits. • EPA has begun to issue site-specific permits with priority given to land dis- posal facilities and incinerators which pre- sent the greatest environmental risks. These permits include more stringent re- quirements. Land Protection Challenges The most important achievement in- volving land contamination is that there is now widespread recognition of the health and environmental problems that may result from indiscriminate dumping of wastes on the land. Such practices in the past have left a legacy of air, ground- water and surface water contamination as well as land contamination. Coopera- tive efforts by the States and industry are bringing about a dramatic improvement in the management of hazardous waste. The actual clean-up of past problems, however, has only begun, and many problems will remain as long-term chal- lenges. The four most significant current land pollution challenges are: • Cleaning Up Abandoned Hazardous Sites. One of EPA's highest priorities is the cleanup of the many abandoned or inactive hazardous sites across the coun- try. EPA's attention is now focused on how to speed up the rate at which these sites are cleaned up without compromis- ing the quality or permanence of these cleanups. • Controlling Newly Generated Hazardous Wastes. EPA and States are taking steps to ensure the proper man- agement of these wastes. They are focusing on major hazardous waste generators and major treatment, storage and disposal facilities. • Safe Disposal of Radioactive Wastes. The safe disposal of high-level radioac- tive wastes and the management of ura- nium mill tailings are difficult long-term problems. Working with other Federal agencies and with the States, EPA has a major role in meeting these environmen- tal challenges. • Managing Municipal Sludge. Although sewage sludge is not an environmental threat as serious as industrial wastes and radioactive materials, this sludge often contains hazardous pollutants. Further- more, it is generated in the greatest quantities in cities and communities with the fewest economically and environ- mentally acceptable alternatives for its safe use or disposal. As a result, it con- stitutes a serious environmental man- agement problem. APRIL 1984 ------- Pesticides and Toxic Substances The extensive use of chemicals has be- come a way of life in the United States. Chemical sales currently exceed $182 bil- lion a year and involve over 60,000 dif- ferent substances used in an almost limitless number of products including: • the fiber and dyes in our clothes; • the glues, plastics and paints in our furniture, houses and cars; • the various solvents, oils and cleaners we use in our households and industry; • the paper and inks we use in books, newspapers and many other reading materials; and • the fertilizers, pesticides and pre- servatives used to produce and distribute our food supplies. The benefits of our "chemical society" have not been without costs. Certain tox- ic chemicals have caused serious public health and environmental damage. In some cases the effects of toxic sub- stances have been extreme and highly visible with immediate death and severe illnesses, primarily a result of accidents or gross misuses of chemicals. Perhaps of greater concern, however, are the more subtle impacts from very (ow-level contamination of food supplies and drinking waters by certain chemical sub- stances that persist in the environment for long periods of time. Some of these substances have been found to accumu- late in people, animals and plants. A number of chemical substances have been found capable of causing cancers and genetic damage at high doses in lab- oratory animal studies. The possible im- pacts of these chemicals at the usually much lower levels found in the environ- ment are mostly uncertain. Scientific knowledge does allow for es- timating the potential risks at these lower levels, and efforts are made to calculate these risks in a manner that leans to- wards the extensive use of safety factors in public health and environmental pro- tection efforts. The basic challenge for sound environmental management is to limit the risks posed by these toxic chem- icals but to do so in a reasonable manner that allows society to continue to enjoy the many benefits of today's chemical products and technologies. Pesticides and other toxic chemicals have posed major problems in air, water and land and, in some cases, serious health prob- lems. EPA, under the authority of several laws, has attempted to handle toxic chemical problems but largely through pollution abatement efforts, i.e., reducing air emissions, water discharges or the dumping of chemical wastes. However, simply addressing the toxic chemical problem through pollution abatement efforts leaves major gaps including: • Cross-Media Pollution Transfer. By attempting to control separately toxic pollution in each environmental medium under three different major laws, transfer of pollution problems from one medium to another can occur. The best example of this is the long practice of dumping air and water pollution treatment sludge re- sidues onto the land. • Lack of Control Over Other Exposures. With the pervasive use of chemicals in our society, there are many opportunities for exposures to toxic chemicals other than from the discharges of by-products by industry. The best example here is the use of pesticides which results in much more widespread environmental con- tamination than manufacture. • Lost Opportunities for Most Effective Control. In many cases, the best approach to controlling toxic chemicals is by limiting the production or uses of a chemical product so as to reduce the risk posed by the product or its wastes released during production. The Federal Insecticide, Fungicide and Rodenticide Act (FIFRA) and the Toxic Substances Control Act (TSCA) have pro- vided EPA with a different approach that adds to the Agency's pollution abatement Health I ;ema victim efforts. These laws give EPA the author- ity to collect information about chemical products and, based on that information, safeguard public health and the environ- ment by controlling, when necessary, a chemical product at the most appropriate stage in its life cycle — whether that in- volves banning it completely, controlling its initial manufacture, or putting con- ditions on its use or disposal. These laws authorize EPA to consider all exposure routes and potential impact in all en- vironmental media. Pesticides Currently, there are about 600 active in- gredients used in about 35,000 registered pesticide products. These products are registered for control of 2,500 unique pest species. Nearly 1.2 billion pounds of pesticides (on active ingredient basis) are used in the United States each year at a cost of about $6.5 billion in 1982. Farmers are the biggest users of pesti- cides, accounting for 60 percent of total U.S. expenditures. The value of pesti- cides to the farmer is indicated by the es- timated losses from insects alone — a 13 percent reduction in U.S. crop yields. Agricultural scientists and economists place the cost of insect control and los- ses due to insects in excess of $23 billion per year. Since the early 1960s, total pesticide usage in the U.S. has about doubled. Most of the increase is due to expanded agricultural use, which nearly tripled since 1964. Non-agricultural usage has shown no consistent tendency to in- crease in absolute or percentage terms since the mid-1960s. During the last few years, the growth rate for agricultural pesticide use has slowed somewhat due to economic conditions and the influence of improved pest management programs which resulted in more efficient applica- tion of pesticides and the use of alterna- tive non-chemical pest controls. The year 1982 was the first in recent times when total U.S. agricultural pesticide use de- clined. Toxic Substances The chemical industry, a large and im- portant part of the U.S. economy, con- sists of 12,000 firms employing over one million people. Nearly 90 percent of the chemical in- dustry is based on petrochemicafs— chemicals derived from oil or natural gas. The remainder of the industry consists of EPA JOURNAL ------- An osprey, one of the predator bird species now increasing tn numbers because of pes- ticide restrict;. inorganic chemicals, such as alkalides and chlorine, industrial gases, and mis- cellaneous chemicals, including those de- rived from natural products. There are about 60,000 chem- icals currently being used in a wide range' of products with over 1,000 new chemicals introduced for commercial use each year. Under the Toxic Substances Control Act, EPA gathers information about the benefits as well as risks posed by both new and existing chemicals. Where a chemical is found to pose unreasonable risks to health or the environment, EPA acts to limit those risks by banning the chemical or placing restrictions on either its production, usage or disposal. Progress to Date EPA has cancelled many or all of the uses of a number of pesticides such as DDT, aldrin, dieldrin and toxaphene. As a result, the levels of these pesticides have declined in a number of wildlife species in the U.S. and once threatened pop- ulations of predatory birds, such as eagles and hawks, are now increasing in numbers. Major reductions have also occurred in the levels of these pesticides in food. As a result of these declines, the levels of these pesticides in people have been di- minishing. TSCA programs, while relatively new, have made significant progress in both limiting the risks posed by new chem- icals and reducing unwarranted risks from existing chemicals, including PCBs, dioxins and other critical toxic sub- stances. New Chemicals EPA has screened more than 3,300 new chemicals. The majority of these chem- icals were not found to present an unrea- sonable risk to human health or the en- vironment under the conditions of man- ufacture and use proposed by the manu- facturer. As a result of these reviews, however, exposures to 37 chemicals have been banned or stringently controlled by EPA pending the development of data. Another 61 new chemicals are now undergoing extensive health and environ- mental testing for possible re-submission to EPA's new chemical review process. Many of the 60,000 commercial chem- icals now used in the U.S. are known to be hazardous and may require some de- gree of control. The risks posed by others are poorly characterized or unknown. EPA is now reviewing the risks posed by 63 chemicals or chemical classes that appear the most likely to cause either human health or environmental prob- lems. Under the Asbestos-in-Schoof Rule, a compliance monitoring program was in- itiated in June 1983. Over 200 local education agencies and 653 schools were inspected in 1983, resulting in the discov- ery of 127 violations. For 1984, EPA has begun efforts to inspect 1,047 school dis- tricts. PCBs According to several monitoring efforts, EPA restrictions on the use and disposal of PCBs have resulted in significant re- ductions in the levels of this persistent chemical both in the environment and in people. The decline in PCBs is following the similar pattern established by DDT earlier in the 1970s. While trace levels of PCB are now present throughout the U.S. population, the number of individuals with high PCB levels, i.e. greater than 3 parts per million, has declined dramati- cally to less than 1 percent of the popula- tion. Pesticide and Toxic Substances Control Challenges EPA has sought to control environmental contamination by toxic chemicals by reducing pollutants in air emissions, water discharges and chemical waste dumping. While these important pollu- tion abatement efforts continue, EPA also employs major programs, authorized under both TSCA and FIFRA, to reduce the unreasonable risks from chemical products (including pesticides) now in use and from any new chemicals that may come onto the market. The task of balancing the risks against the benefits of chemicals will always be difficult. The major challenges EPA faces today in con- trolling toxic chemicals are: Protecting Against Unwarranted Risks from Pesticide Contamination. Significant efforts to avoid unwarranted public health and environmental risks from these valuable chemicals continue to be a difficult but necessary challenge for EPA. A number of pesticides are now on the market that have not been tested against today's public health and en- vironment standards. The contamination of ground water by pesticides and the drift of pesticides during aerial applica- tion are capable of posing serious risks to public health and the environment. EPA will be subjecting "older" pesticides to new testing requirements and im- proving its efforts to reduce contamina- tion of ground water and the problems of drift. Controlling Critical Toxic Substances. Several toxic substances require ex- traordinary regulatory effort by EPA. Their control is complicated by either their pervasiveness in the environment or by the extremely low-level contamination that can still pose threats to human health. These substances include asbes- tos, PCBs, and dioxin. EPA has put in place major inspection and enforcement programs to further control, or where necessary, cleanup these toxic chemicals Screening for Toxic Chemicals. It is high ly improbable that complete risk assess- ments can be done for each of the ex- isting 60,000 commercial chemicals or for the over 1,000 new commercial chem- icals developed each year. The challenge for EPA is to improve its ability to assess which chemicals should be selected for more intensive review so as to reduce major health and environmental risks without needless overtaxing of gov- ernment as well as industry resources. I I APRIL 1984 ! ' ------- Risk in a Free Society In a speech at Princeton University Feb- 'ruary 18, EPA Administrator William Ruckelshaus discussed the subject, "Risk in a Free Society," as it involves the chemical products and byproducts of modern technology. He was speaking to 1,000 Princeton alumni at Alumni Day at the University. Later in the day, Ruckelshaus received the highest honor that Princeton can bes- tow on an alumnus—the Woodrow Wil- son Award. The award is presented an- nually on Alumni Day "to the alumnus of the undergraduate college whose activi- ties exemplify Woodrow Wilson's ideal of Princeton in the Nation's service." Here are excerpts of the Administrator's remarks on the issue of risks from chem- icals today: "When I began my current, and second, tenure as Administrator of EPA, my first goal was the restoration of pub- lic confidence in the Agency, and it was impressed upon me that straightening out the way we handled health risk was central to achieving it. Needless to say, EPA's primary mission is the reduction of risk, whether to public health or the en- vironment. Some in America were afraid. They were afraid that toxic chemicals in the environment were affecting their health, and more important, they sus- pected that the facts about the risks from such chemicals were not being accurately reported to them, that policy con- siderations were being inappropriately used in such reports, so as to make the risks seem less than they were and ex- cuse the Agency from taking action. Even worse, some people thought that the processes we had established to protect public health were being abused for crass political gain. Whether this was true or not is almost beside the point; a substantial number of people believed it. Now in a society such as ours, where the people ultimately de- cide policy—what they want done about a particular situation—the fair exposition of policy choices is the job of public agencies. The public agency is the re- pository of the facts; you can't operate a democratic society, particularly a com- plex technological one, unless you have such a repository. Above all, the factual guardian must be trusted: a failure of trust courts chaos. Chaos, in turn, creates its own thirst for order, which craving in its more extreme forms threatens the very foundation of democratic freedom. So in a democracy a public agency that is not trusted, especially where the pro- tection of public health is concerned, might as well close its doors. "I described a possible solution to this problem last June in a speech to the National Academy of Sciences. The Academy had stated in a recent report that Federal agencies had often confused the assessment of risk with the man- agement of risk. Risk assessment is the use of a base of scientific research to de- fine the probability of some harm coming to an individual or a population as a re- sult of exposure to a substance or situa- tion. Risk management, in contrast, is the public process of deciding what to do where risk has been determined to exist. It includes integrating risk assessment with considerations of engineering feasibility and figuring out how to ex- ercise our imperative to reduce risk in the light of social, economic and political fac- tors. "The report proposed that these two functions be formally separated within regulatory agencies. I said that this appeared to be a workable idea and that we would try to make it happen at EPA. This notion was attractive because the statutes administered by many Federal regulatory agencies typically force some action when scientific inquiry establishes the presence of a risk, as, for example, when a substance present in the environ- ment, or the workplace or the food chain, is found to cause cancer in animals. The statutes may require the agency to act according to some protective formula: to establish 'margins of safety' or 'prevent significant risk' or 'eliminate the risk.' "When the action so forced has dire economic or social consequences, the person who must make the decision may be sorely tempted to ask for a 'reinterpretation' of the data. We should remember that risk assessment data can be like the captured spy: if you torture it long enough, it will tell you anything you want to know. So it is good public policy to so structure an agency that such temptation is avoided. "But we have found that separating the assessment of risk from its management is rather more difficult to accomplish in practice. In the first place, values, which are supposed to be safely sequestered in risk management, also appear as impor- tant influences on the outcomes of risk assessments. For example, let us sup- pose that a chemical in common use is tested on laboratory animals with the ob- ject of determining whether it can cause cancer. At the end of the test a propor- tion of the animals that have been ex- posed to the substance show evidence of tumor formation. "Now the problems begin. First, in tests like these, the doses given are ex- tremely high, often close to the level the animal can tolerate for a lifetime without dying from toxic non-cancer effects. En- vironmental exposures are typically much lower, so in order to determine what the risk of cancer is at such lower exposures—that is, to determine the curve that relates a certain dose to a cer- tain response—we must extrapolate down from the high-dose laboratory data. There are a number of statistical models for doing this, all of which fit the data, and all of which are open to debate. We simply do not know what the shape of the dose-response curve is at low doses, in the sense that we know, let's say, what the orbit of a satellite will be when we shoot it off. "Next, we must deal with the un- certainty of extrapolating cancer data from animals to man, for example, de- termining which of the many different kinds of lesions that may appear in an- imals are actually indicative of a prob- ability that the substance in question may be a human carcinogen. Cancer is cancer to the public, but not to the patho- logist. "C I inally, we must deal with uncertainty about exposure. We have to determine, usually on the basis of very scant data, and very elaborate mathematical models, how much of the stuff is being produced, how it is being dispersed, changed or de- stroyed by natural processes, and how the actual dose that people get is changed by behavioral or population characteristics. "These uncertainties inherent in risk assessment combine to produce an enor- mously wide range of risk estimates in most cases. For example, the National Academy of Sciences report on saccharin concluded that over the next 70 years the expected number of cases of human bladder cancer resulting from daily expo- sure to 120 mg of saccharin might range from 0.22 to 1,144,000. This sort of range is of limited use to the policy maker and risk assessment scientists are at some pains to make choices among possibili- ties so as to produce conclusions that are both scientifically supportable and us- able. "Such choices are influenced by val- ues, which may be affected by pro- fessional training, or by ideas about what constitutes 'good science,' and, of course by the same complex of experience and individual traits that gives rise to per- sonal values in all of us. An oncologist, 12 EPA JOURNAL ------- DE SVB NVMINE 3 » *^ " for example, who values highly the abil- ity to distinguish between different sorts of lesions, may discount certain test re- sults as being irrelevant to decisions about human carcinogenicity. A public health epidemiologist may look at the same data and come to quite different conclusions. "Historically at EPA it has been thought prudent to make what have been called conservative assumptions; that is, our values lead us, in a situation of unavoid- able uncertainty, to couch our con- clusions in terms of a plausible upper bound. This means that when we gener- ate a number that expresses the potency of some substances in causing disease, we can state that it is unlikely that the risk projected is any greater. "This is fine when the risks projected are vanishingiy small: it's always nice to hear that some chemical is not a national crisis. But when the risks estimated through such assessments are sub- stantial, so that some action may be in the offing, the stacking of conservative assumptions one on top of another, be- comes a problem for the policymaker. If I am going to propose controls that may have serious economic and social effects, I need to have some idea how much con- fidence should be placed in the estimates board of ' < the Woodrpw WilS( D R.: ment in fiS s service. " of risk that prompted those controls. I need to know how likely real damage is to occur in the uncontrolled and partially controlled and fully controlled cases. Only then can I apply the balancing judg- ments that are the essence of my job. This, of course, tends to insert the policy- maker back into the guts of risk assess- ment, which we've agreed is less than wise. "This is a real quandary. I now believe that the main road out of it lies through a marked improvement in the way we communicate the realities of risk analysis to the public. The goal is public under- standing. We will only retain the adminis- trative flexibility we need to effectively protect the public health and welfare if the public believes we are trying to act in the public interest. There is an argument, in contradiction, that the best way to pro- tection lies in increased legislative specificity, in closely directing the Agen- cy as to what to control and how much to control it. If we fail to command public confidence, this argument will prevail, and in my opinion it would be a bad thing if it did. You can't squeeze the com- plexity inherent in managing environ- mental risks between the pages of a sta- tute book. "l-l low then do we encourage confi- dence? Generally speaking there are two ways to do it. First, we could assign guardianship of the Agency's integrity— its risk assessment task—to a panel of disinterested experts who are above re- proach in the public eye. This is the quasi-judicial, blue-ribbon approach, which has a strong tradition in our soci- ety. If we have a complex issue, we don't have to think about it very much, just give it to the experts, who deliberate and provide the answer, which most will ac- cept because of the inherent prestige of the panel. "The discomfort associated with im- agining, in 1984, a conclave of Big Brothers to watch over us only streng- thens my conviction that such panels cannot serve the general purpose of restoring and maintaining confidence. It turns out that the experts don't agree, so instead of an unimpeachable and dis- interested consensus you get dissenting advocacy. Once again, experts have val- ues too. "Alternatively, we could all become a lot smarter about risk. The Agency could put much more effort into explaining what it is doing and what it does, and does not, know. Here I do not mean "public involvement" in the usual and APRIL 1984 13 ------- formal sense. This is embodied in ad- ministrative law and has always been part of our ordinary procedure in pro- mulgating rules. Nor do I mean a mere public relations campaign to popularize Agency decisions. Public relations smoothes over; I think we need to dig up. We have to expose the assumptions that go into risk assessments. We have to admit our uncertainties and confront the public with the complex nature of de- cisions about risk. "I Living in a technological society is like riding a bucking bronco. I don't believe we can afford to get off, and I doubt that someone will magically appear who can lead it about on a leash. The question is: how do we become better bronco bus- ters? I think a great part of the answer is to bring about a major improvement in the quality of public debate on environ- mental risk. "This will not be easy. Risk assessment is a probabilistic calculation, but people don't respond lo risks "as they should" if such calculations were the sole criterion of rationality. Most people are not com- fortable with mathematical probability as a guide to living and the risk assessment lingo we throw at them does not increase their comfort. Tell somebody that their risk of cancer from a 70-year exposure to a carcinogen at ambient levels ranges be- tween 10"fa and 10 7, and they are likely to come back at you with, 'Yeah, but will I get cancer if I drink the water?' Also, attitudes toward risk are subjective and highly colored by personal experience and other factors not fully captured by risk assessments. "We have some research on this, which points out that people tend to overestimate the probability of un- familiar, catastrophic and well-publicized events and underestimate the probability of unspectacular or familiar events that claim one victim at a time. Many people are afraid to fly commercial airlines, but practically nobody is afraid of driving in cars, a victory of subjectivity over actua- rial statistics. "In general, response to risks is most negative when the degree of risk is un- known and the consequences are particu- larly dreaded. Expert assessment does not seem to help here. People will fight like fury to keep a hazardous waste facil- ity out of their neighborhood, despite ex- pert assurances that it is safe, while peo- ple living under high dams located on earthquake faults pay scant attention to expert warnings. "Other hazard characteristics influence public perceptions of risk. For example, the voluntary or involuntary nature of the risk is important. People will accept far greater risks from driving an automobile than they witi from breathing the emis- sions that come out of its tailpipe; the former is voluntary, the latter, in- voluntary. People also take into con- sideration whether the risk is distributed generally throughout the population or affects only a small identifiable group. Public response to the discovery of a tox- icant that may result in 200 additional cancers nationwide is liable to be quite different from public response to the same number of cases in one county with a population of say, 3000. "The way risks and options are pre- sented also influences perceptions. You might be worried if you heard that occupational exposure at your job doubled your risk of some serious disease; you might be less worried if you heard that it had increased from one in a million to two in a million. Surveys using physi- cians as subjects found that their prefer- ences for treatment options changed markedly when the risks of these options were expressed in terms of lives saved rather than in terms of deaths occuring, even though the two forms of expression that were compared were mathematically identical. Finally, research has shown that beliefs about risk are slow to change, and show extraordinary persist- ence in the face of contrary evidence. "Many people interested in environ- mental protection, having observed this mess, conclude that considerations of risk lead to nothing useful. After all, if the numbers are no good and the whole issue is so confusing, why not just eliminate all exposure to toxics to the ex- tent that technology allows? The problem with such thinking is that, even setting aside what I have just said about the necessity for improving the national de- bate on the subject, risk estimates are the only way we have of directing the atten- tion of risk management agencies toward significant problems. "T I here are thousands of substances in the environment that show toxicity in an- imals; we can't work on all of them at once, even with an EPA ten times its cur- rent size. More important, technology doesn't make the bad stuff 'go away;' in most cases it just changes its form and location. We have to start keeping track of the flow of toxics through the environ- ment, to what happens after they are 'controlled.' Risk management is the only way I know to do this. "In confused situations one must try to be guided by basic principles. One of my basic principles is reflected in a quotation from Thomas Jefferson; 'If we think (the people) not enlightened enough to ex- ercise their control with a wholesome discretion, the remedy is not to take it from them, but to inform their discre- tion.' Easy for him to say. As we have seen, informing discretion about risk has itself a high risk of failure. "However, we do have some recent ex- perience that supports the belief that bet- ter information inclines people to act more sensibly. In Tacoma, Washington, we have a situation where a copper smelter employing around 600 people is emitting substantial amounts of arsenic, which is a human carcinogen. We found that the best available technology did not reduce the risk of cancer to levels the public might find acceptable. In fact, it looked as if reducing to acceptable levels of risk might only be possible if the plant closed. I felt very strongly that the people in Tacoma whose lives were to be affected by my decision ought to have a deeper understanding of the case than they could get from the usual public hearing process. "A /•Accordingly, we organized an ex- traodinary campaign of public eduction in Tacoma. Besides the required public hearing, we provided immense quantities o,f information to all communications media, arranged meetings between com- munity leaders and senior EPA officials, including myself, and held three work- shops at which we laid out our view of the facts. I think most people appreciated this opportunity, and we certainly raised the level of discussion about risk. So un- usual was this kind of event that some inferred that I was abdicating my respon- sibility for this decision, or that somehow the Tacoma people were going to vote on whether they wanted jobs or health. After some initial confusion on this score we made it clear that it was entirely my decision, and that while I wanted to hear, I was not committed to heed. "Although I suppose some would have been happier continuing in their fond be- lief that we could provide absolute safety with absolute certainty, and were dis- turbed by these proceedings, in all I would call it a qualified success. Those who participated came away with a bet- ter understanding of the anatomy of en- vironmental decisions, and local groups were able to come up with options that increased protection while allowing the plant to remain open, options that are well worth considering as we put together our final decision. "What are the lessons of Tacoma? Shortly after we began the workshops, people started sporting buttons that said, ' BOTH, ' meaning they were for both jobs and health. I took this as a good sign, that people were attending to the balance between economic realities and environmental protection. 'Both' is a EPA JOURNAL ------- good idea, and in most cases we can have it, if we're smart. Another lesson is that we must improve the way we pre- sent risk calculations to the public. There was too much tendency to trans- late risks of cancer into cases, with no re- gard to qualifying assumptions and un- certainties. Cancer threats make great headlines and the inclination to infer certainty where none exists is very powerful. We must take seriously our obligation to generate lucid and un- ambiguous statements about risk. Finally, Tacoma shows that we have to prepare ourselves for the other Tacomas. En- vironmental stress falls unevenly across the land and we have a special responsi- bility to people in communities that suf- fer more than their share. We are pre- pared to make the extra effort in such communities, as we did in Tacoma. "We must also improve debate on the national level. This may prove more dif- ficult, as Washington is a most con- tentious place. Also, at the national level things tend to polarize perhaps more than they should, given how much we know about environmental health ques- tions. Typically, where we obtain evi- dence of an environmental threat, opin- ion divides between those who want to eliminate the risk as quickly as possible, with little concern about cost, and those who deny the threat exists. Fights be- tween these groups can go on for a long time, time during which the object of the battle, the pollutant, remains in the en- vironment. Acid rain threatens to become this kind of dispute. "A f\nd so too was the case of ethylene dibromide. As you may know, we recent- ly banned the major uses of EDB, a grain and fruit fumigant that has been identi- fied as a carcinogen, and which enters the human diet through residues in food and via ground water contamination. By means of that ban, which applied to grain fumigation, we insured that EDB would immediately begin to diminish in the human food supply. Since there is still EDB in the grain products already in storage or on grocers' shelves, we set maximum acceptable residue levels for different products, the levels getting low- er in products closer to the point of con- sumption. We will act soon on the use of EDB as a citrus fruit fumigant, its only remaining use in connection with the human food chain, fsee sfo/y on p. 18} "Needless to say, we were criticized both for going too far and for not going far enough. But in cases such as this, my personal predilection is to avoid the ex- tremes and act to reduce, as quickly as possible, environmental exposure to sub- stances that appear unacceptably risky, and to do so with as little social or eco- APRIL 1984 nomic disruption as possible. This gener- ally satisfies no one, but I arn convinced it is in the long term public interest. "What was dissatisfying about the EDB case was the substantial confusion sur- rounding the risk issues involved. Some say that we stir up cans of worms when we expose the risk judgments we make. I think we must do better than we have done, and let the worms crawl where they may. Let me now propose some principles for more reasonable dis- cussions about risk. "C lirst, we must insist on risk calcula- tions being expressed as distributions of estimates and not as rnagic numbers that can be manipulated without regard to what they really mean. We must try to display more realistic estimates of risk to show a range of probabilities. To help do this we need new tools for quantifying and ordering sources of uncertainty and for putting them in perspective. "Second, we must expose to public scrutiny the assumptions that underlie our analysis and management of risk. If we have made a series of conservative assumptions within the risk assessment, so that it represents an upper bound es- timate of risk, we should try to com- municate this and explain why we did it. Although public health protection is our primary value, any particular action to control a pollutant may have effects on other values, such as community stabil- ity, employment, natural resources or the integrity of the ecosystem. We have to get away from the idea that we do quan- titative analysis to find the 'right' deci- sion, which we will then be obliged to make if we want to call ourselves rational beings. But we are not clockwork man- darins. The point of such analysis is, in fact, the orderly exposition of the values we hold, and the reasoning that travels from some set of values and measure- ments to a decision. "Third, we must demonstrate that reduction of risk is our main concern and that we are not driven by narrow cost- benefit considerations. Of course cost is a factor, because we are obliged to be efficient with our resources and those of society in general. Where we decline to control some risk at present, we should do so only because there are better tar- gets; we are really balancing risk against risk, aiming to get at the greatest first. "Finally, we should understand the limits of quantification; there are some cherished values that will resist being squeezed into a benefits column, but are no less real because of it. Walter Lippmann once pointed out that in a democracy 'the people' as in 'We the People,' refers not only to the working majority that actually makes current de- cisions, and not only to the whole living population, but to those who came be- fore us, who provided our traditions and our physical patrimony as a nation, and to those who will come after us, and in- herit. Many of the major decisions we make on environmental affairs touch on this broader sense of public responsibil- ity. "I suppose that the ultimate goal of this effort is to get the American people to understand the difference between a safe world and a zero-risk world with re- spect to environmental pollutants. We have to define what safe means in light of our increasing ability to detect minute quantities of substances in the environ- ment and to associate carcinogenesis with an enormous variety of substances in common use. According to Bruce Ames, the biochemist and cancer expert, the human diet is loaded with toxics of all kinds, including many carcinogens, mutagens and teratogens. Among them are such foodstuffs as black pepper, mushrooms, celery, parsnips, peanut but- ter, figs, parsley, potatoes, rhubarb, cof- fee, tea, fats, browned meat and alfalfa sprouts. The list goes on; my point is that it would be hard to find a diet that would support life and at the same time impose no risk on the consumer. "G Oo what is safe? Are we all safe at this instant? Most of us would agree that we are, although we are subjected to calculable risks of various sorts of catas- trophes that can happen to people listening to lectures in buildings. We might be able to reduce some of them by additional effort, but in general we con- sider that we have (to coin a phrase) an' 'adequate margin of safety' sitting in a structure that is, for example, protected against lightning bolts but exposed to meteorites. "I think we can get people to start mak- ing those judgments of safety about the arcane products of modern technology. I don't think we are ever going to get agreement about values; a continuing debate is the essence of a democratic policy. But I think we must do better in showing how different values lead rationally to different policy outcomes. And we can only do that if we are able to build up a reservoir of trust, if people be- lieve that we have presented what facts we have fairly, that we have exposed our values to their view, and that we have re- spected their values, whether or not such values can be incorporated finally in our decisions. We have, I hope, begun to build that sort of trust at EPA." D 15 ------- Public Meeting Set on Asbestos in Buildings f\ public meeting will be held in Washington, D.C. on May 7 to gather information on asbestos contamination in schools and other public buildings. EPA recently granted, in substantial part, a petition from the Service Em- ployees International Union to begin pro- ceedings to deal with the asbestos prob- lem in schools. The union specifically asked in its peti- tion that the agency 1) establish stan- dards for determining when friable (easily crumbled) asbestos-containing materials in schools are hazardous; 2) es- tablish requirements for corrective action when friable asbestos-containing mate- rials are determined to be hazardous; 3) establish requirements for inspections and abatement of friable asbestos- containing materials in public and com- mercial buildings; 4) establish standards for the performance of abatement activi- ties, including standards for the protec- tion of persons performing such activi- ties. The petition was submitted under Sec- tion 21 of the Toxic Substances Control Act. Section 21 allows citizens to petition EPA to initiate rulemaking. EPA Adminis- trator William D. Ruckelshaus granted most provisions in the petition. Ruckelshaus said that "EPA is in full agreement with the goals of the petition and intends to ensure that human health is protected to the fullest extent possible where asbestos is concerned." EPA intends to assure that friable asbestos-containing materials in schools and public buildings which present un- reasonable risks are identified and prop- erly abated. Earlier EPA attempts to de- velop a general rule for all situations where friable asbestos-containing mate- rials are present in schools have not been possible because of technical limita- tions and site variations. However, EPA will be reexamining this issue and seeking new information. Accordingly, the agency has granted the union's request to initiate a pro- ceeding under section 6 of the Toxic Sub- An asbestos ceiling with sections torn open- stances Control Act. Under this Act, any person may petition EPA to commence an appropriate proceeding in accordance with section 6. Regarding the petitioner's request that EPA set standards to protect persons per- forming asbestos control activities, the agency said both EPA and the Occupa- tional Safety and Health Administration (OSHA) have issued regulations to re- duce exposure to asbestos. EPA first issued regulations in 1973 which speci- fied methods for removing asbestos- containing materials from buildings during demolition. OSHA's regulations were first issued in 1972 and modified in 1976. They specify airborne exposure standards for asbestos workers, engi- neering and administrative contracts, work practices, medical surveillance and worker protection requirements. In addi- tion, both agencies have prepared further regulations. Since there are existing and or pro- posed regulations under the Clean Air Act and Occupational Safety and Health Act to protect workers during removal of asbestos-containing materials from build- ings the agency finds that additional workplace regulation by EPA under TSCA is not necessary to protect health or the environment against unreasonable risk. The agency is continuing to gather in- formation on the extent of compliance with EPA's asbestos-in-schools rule and on what subsequent actions are being taken by schools. The agency is in the process of increasing resources ex- pended on technical assistance and en- forcement of existing regulations. Under EPA's asbestos-in-schools rule published in 1982, all public and private schools were to inspect their facilities for friable asbestos by June 28, 1983. Those schools that found asbestos were re- quired to keep records, inform em- ployees and Parent-Teacher Associations, post notices, and distribute a guide for reducing asbestos exposure to custodial and maintenance personnel. Through its technical assistance pro- gram, the agency is also continuing to assist building owners in the detection 16 EPA JOURNAL ------- EPA Assesses Penalty for Asbestos Violations and correction of hazards posed by asbestos in schools and public and com- mercial buildings. EPA is currently conducting a com- pliance monitoring program. Approx- imately 2,500 compliance inspections will be conducted during a two-year effort. By June, the agency will have available in- formation from a national survey of schools to provide reliable estimates of compliance as well as the level of abate- ment activities. The result of these activi- ties will also be a guide in developing an appropriate protection program. In addition to the public meeting, EPA is soliciting written comments, due by April 23. For further information, contact: Jack P. McCarthy, Director TSCA Assistance Office (TS-799) Office of Toxic Substances U.S. Environmental Protection Agency 401 M Street, S.W. Washington, D.C. 20460 Toll-free: 800-424-9065 In Washington, D.C.: 554-1404. D In the first administrative civil complaint ever issued under EPA's school asbestos rule, the agency is assessing a $24,000 penalty against New Hampshire Administrative Unit No. 19 for violations at three of the schools under its jurisdiction. EPA is also taking similar actions in some other parts of the country. The New Hampshire Unit No. 19 operates ten schools in the towns of Weare, Goffstown, Bow, Dunbarton, and New Boston. The complaint, issued recently under authority of the Toxic Substances Control Act, alleges that Unit No. 19 has failed to meet the requirements of EPA's asbestos rules for three of its schools. All these schools are in Goffstown: Goffstown High School, Bartlett Elementary School, and Upper Goffstown Elementary School. "This action shows that EPA will not hesitate to fine school officials anywhere in this country who are negligent in telling parents about any asbestos dan- ger faced by their children," said EPA Deputy Administrator Alvin Aim. Scientific evidence points to asbestos as a cause of lung cancer and of mesothelioma, a cancer of the mem- branes that line the chest and abdomen. Under EPA's school asbestos rules, issued May 27, 1982, all public and pri- vate elementary and secondary school administrators were required, by June 28, 1983, to have inspected their build- ings, sampled and analyzed any friable materials for asbestos, notified em- ployees and parents of any asbestos de- tected, and maintained records certifying compliance with the regulation. (Friable materials are those that when dry may be crumbled, pulverized, or reduced to powder by hand pressure.) "On-site EPA inspections of the three schools as recently as November 30, 1983 showed them all having friable asbestos-containing materials; yet Unit No. 19 never performed proper in- spections on the three schools or any sampling, analysis or public notification as required by the !aw," Aim added. Under TSCA, Unit 19 had 20 days from the receipt date of the EPA penalty notice to request a hearing on the issues. Elsewhere nationally, EPA is taking other actions over and above its May 1982 federal rules to reduce school asbestos threats. Since 1979 EPA has operated a tech- nical assistance program which includes the following: • In all 10 EPA regional offices, Re- gional Asbestos Coordinators, assisted by technical advisors hired under an American Association of Retired Persons grant. This team responds to public ques- tions, distributes guidance documents, conducts training seminars, and gives guidance on different alternatives in reducing asbestos exposure. • A quality assurance program in which 175 laboratories participate. The program includes a toll-free number where callers can get guidance on an- alyzing asbestos samples (800-334-8571, Ext. 6741). • A toll-free number where the general public can direct requests for technical assistance (800-424-9065). • A guidance document which summarizes information on the identifica- tion and abatement of asbestos- containing materials. This document out- lines a systematic process for building owners to follow in selecting a course of action ("Guidance for Controlling Friable Asbestos-Containing Materials in Build- ings," March 1983, EPA Report No. 560 5- 83-002). In addition to the technical assistance program, EPA has also taken the following action: • Last fall, EPA began a representative sample survey of local education agen- cies to determine the effectiveness of the federal school asbestos rule. • A comprehensive two-year com- pliance monitoring program has been under way since June 1983, targeting ap- proximately 2400 school districts for in- spections. In some cases, EPA will work directly with states to monitor for com- pliance with the federal rule. EPA recently got authorization to hire 16 new full-time employees in its region- al offices in order to strengthen the technical assistance and compliance monitoring programs for asbestos. D APRIL 1984 17 ------- Further Steps Taken to Eliminate EDB /Administrator William D. Ruckelshaus recently announced a rapid reduction in residue levels of the pesticide ethylene dibromide (EDB) in citrus fruits and papayas that will eliminate all EDB in such fruit by September 1. Ruckelshaus said the lesson that can be Learned from the experience with EDB is that while some pesticides can prove on balance to be beneficial to society, "we need to be very careful about under- standing what we are doing when we in- troduce, in a massive way, pesticides into the environment,..." In the phased reduction in EDB residue levels in citrus fruits, Ruckelshaus pro- posed interim maximum tolerances of 250 parts per billion for the whole fruit, which equates to 30 ppb for the edible portions of the fruit. The phasedown in residue levels will apply to both domestic and imported fruits. Once these tolerances are es- tablished by rulemaking, fruit exceeding these levels will not be allowed into the country or in interstate commerce and will be subject to enforcement action by the federal government. After September 1, any detectable re- sidues of EDB in citrus fruit or papayas will render the commodities adulterated and subject to enforcement action under the Federal Food, Drug and Cosmetic Act. "This latest action moves us closer to my goal of getting EDB out of the Amer- ican diet in as orderly a way as possi- ble," Ruckelshaus said. He added that he was not issuing an immediate emergency suspension order to ban EDB as a quarantine fumigant on citrus for two reasons. "First, the use of EDB on citrus in the U.S. has essentially ceased," he said. "Second, the agency has reached an agreement in principle with the parties in the EDB cancellation hearing under which all domestic use of EDB on citrus for the U.S. market would end by September I of this year. Based upon this understanding, those parties would withdraw their cancellation hearing requests." Ruckelshaus said that EPA estimates only two percent of all fresh citrus fruit consumed in this country is fumigated. Domestically produced fruit was only fumigated when going to one citrus- producing state from another; these states are Florida, Texas, Hawaii, Arizona, New Mexico, and California. EDB current- ly is not being used for this purpose ex- cept for a small amount of fruit being treated in Florida before its shipment to Hawaii. Papayas from Hawaii as well as imported fruit are currently being treated with EDB. Ruckelshaus pointed out that in virtual- ly all cases citrus processed into orange juice is not fumigated. The fruit is har- vested and transported to the nearest processing establishment as quickly as possible. He said the recent EPA action does not include tolerance levels for mangoes be- cause of a lack of sufficient data. "We in- tend to make this tolerance consistent with those for other ready-to-eat foods," he commented, saying, "The mango growing and shipping season is just now starting and we simply do not have enough residue data to take final action. I will take appropriate action when I do have adequate information." The EPA Administrator said there are a number of alternatives to EDB fumiga- tion, which is used on fresh fruit to pre- vent the spread of tropical fruit flies. Among them are gamma irradiation, certification of fruit fly free zones, heat treatment for papayas, and fumigation with methyl bromide and phosphine gas. EPA, however, is concerned with the potential risks of methyl bromide and will consider the conclusions of several health studies nearing completion. In addition, imported and exported fruit have also been quarantined in extended cold storage, which is another .alternative being considered. All alternative treatment methods for citrus imports need the approval of the U.S. Department of Agriculture (USDA} as being effective in preventing importa- tion of various species of fruit fly. Ruckelshaus added that the agency is working closely with USDA, the State De- partment, the Food and Drug Administra- tion (FDA), the Agency for International Development and the U.S. Trade Repre- sentative's office so that "they will aid affected domestic industries as well as importing countries in finding suitable alternatives to EDB." Concerning U.S. export markets, Ruck- elshaus said, "By far the most important market is in Japan. The Japanese gov- ernment requires quarantine treatment of imported citrus, the most common of which is EDB fumigation to protect against citrus pests, although it has allowed several test shipments of cold treated fruit....The continued use of EDB EPA JOURNAL ------- Papaya fruit, one of the products protected by ERA'S recent action on the pesticide EDB. New Air Rules Proposed for Participate Matter on citrus exported from this country is in- tended to provide flexibility for...coun- tries to meet their own quarantine re- quirements and to make their own de- cisions on acceptable pesticide re- sidues.... "We will ensure that the treatment of fruit leaving this country will satisfy the requirements of Japan and other coun- tries as long as the U.S. workers treating the fruit are adequately protected," Ruck- elshaus said. Unde'r the Food, Drug and Cosmetic Act, EPA establishes pesticide tolerances on food products, with these levels en- forced by FDA or, in the case of meat and poultry, by USDA. These agencies sample both domestic and imported products and may seize shipments which exceed residue levels. On February 3, Ruckelshaus suspended the use of EDB as a fumigant for stored grain and grain milling machinery. This action followed the suspension on Sep- tember 30 of last year of the use of EDB as a soil fumigant for crops, which accounted for some 90 percent of its agricultural uses. The 30 ppb level for edible portions of fruit is the same as EPA's recommended level for ready-to-eat grain-based prod- ucts, recommended February 3 as a max- imum permissible residue level. That grain residue level, and two others rec- ommended as guidelines for raw grain and intermediate level products, have now been proposed as federally enforce- able levels. The agency has also moved to revoke an exemption to setting EDB residue levels that had been granted grain products. The exemption had pre- vented EPA from setting toferance or ac- tion levels enforceable by FDA. EPA's proposed tolerance levels for cit- rus fruit and papayas were subject to a 30-day public comment period. Commenting on EPA's actions on EDB, Ruckelshaus said, "Again, I want to re- mind everyone that the risks associated with exposure to EDB are chronic risks that accrue over a long period of time. EDB does not present an acute short- term health risk." Li I he EPA has proposed major revisions of the national clean air standards for par- ticulate matter, changing the focus from larger total particles to smaller, inhalable particles that are more damaging to human health. "We're defining the health standards for particulate matter in a more careful way so we're getting at the problems that are really a concern to us," Adminis- trator William Ruckelshaus said. The Administrator explained that the smaller particulates that penetrate farther into the human lung "pose the greatest risk and those are the ones we are trying to control with the new standards. They will provide more effective protection of public health." The proposal calls for replacing the current primary (health-related) standards for total suspended particulate matter (TSP) with a new indicator that includes only those particles that are 10 micro- meters or smaller (PM10). The new 24- hour primary standard would be a num- ber selected from a range of 150-250 micrograms per cubic meter of air. In addition, the annual primary standard would be a number selected from a range of 50-65 micrograms per cubic meter of air. The new secondary (welfare-related) standard would replace the current 24- hour secondary standard with an annual standard selected from a range of 70-90 micrograms per cubic meter of air. A thorough three-year review of thousands of health and welfare studies contained in the criteria document for particulate matter ted to significant agreement among scientists in a number of areas, including the decision to change the measurement. However, the issue of the numerical stringency of the 24-hour and annual standards was a particularly difficult one, and led the Clean Air Scientific Advisory Committee, a Congressionally-mandated committee of scientists and engineers outside of government which advises the EPA Administrator on air quality issues, to agree with EPA staff that the available scientific information was sufficient to produce only relatively broad ranges of possible standard levels. "There is no clear statutory guide to determine what constitutes an adequate margin of safety within this range," Ruck- elshaus said. "Our standards are set to protect the most vulnerable portions of the population, and so I am proposing the range that the EPA staff and the scientific community have given to me, and am asking for public participation in the final decision by inviting public com- ment not only on the most appropriate or reasonable number within each range but also on the factors that EPA may ul- timately take into account in setting pri- mary standards with an adequate margin of safety." Particulate matter is the general term for a broad class of chemically and physi- cally diverse substances consisting large- ly of dust, dirt, soot and smoke. Human activities and natural sources are es- timated to generate a hundred miltion tons or more of particulate matter each year. These pollutants may be emitted di- rectly or formed in the atmosphere by transformations of gaseous emissions. At elevated concentrations, particulate matter can be harmful to human health, visibility, climate, vegetation, and may soil materials and otherwise become a nuisance. In 1971, EPA set national ambient stan- dards for total suspended particulate matter (TSP) under the Clean Air Act. The current primary standards for TSP are 260 micrograms cubic meter, averaged over 24 hours, and 75 micrograms cubic meter, annual geometric mean. (A micro- gram (ug), or one-millionth of a gram, is equal to 1 28,000,000 of an ounce.] The current secondary standard for TSP is 150 micrograms cubic meter for the 24- APRIL 1984 19 ------- hour average, with one allowed ex- ceedance per year. The 1977 amendments to the Clean Air Act require EPA to review all national ambient air quality standards every five years. The new proposal has been the subject of numerous public meetings held over the last several years. The proposal for revising the particu- late matter standards involves several changes. First, EPA is soliciting comment on its decision to measure only particles of 10 micrometers or smaller for the pri- mary standards, rather than all sizes of particles currently measured. These smaller particles are likely to be respon- sible for most of the adverse health effects because of their ability to reach the thoracic or lower regions of the res- piratory tract. This standard for parties late matter of 10 micrometers or smaller is thus known as a PM10 standard. [One micrometer (urn) is one-millionth of a meter, or 1 25,000 of an inch. For com- parison, the thickness of a human hair is about 100 or 200 um, and common bac- teria are about one to two um in length.! A second aspect of the proposal, and one that is unique in proposals of ambient air quality standards, is Ruckel- shaus's decision not to select a specific number for the proposed standards but rather to propose a range from which to select that standard. These ranges were refined following the advice of the Clean Air Scientific Advisory Committee to in- corporate a wider margin of safety for particulate matter. The purpose in using this approach is to inform the public of the uncertainties in the scientific data and to solicit in- creased public participation in the proc- ess of selecting the final standards. Ruck- elshaus has indicated that, after con- sidering public comments, he will select specific numbers for the standards within those ranges. EPA is soliciting comment and informa- tion from the public to be considered in formulating a final regulation which will identify a specific level for both the pri- Sources of Particulate Matter Fuel Combustion « Coal • Oil • Wood • Gasoline Automatic Transformations • Sulfur Dioxide • Organics • Water Vapor Dust Generators • Highway Traffic • Industrial Processes • Storage Silos • Construction • Agriculture Natural Resources • Volcanos • Dust Storms • Sea Salt • Pollen • Forest Fires 20 EPA JOURNAL ------- mary and secondary standards. Ruckel- shaus said he is asking the public to "look at what I look at" and help in the process of deciding where that level ought to be. Given the precautionary nature of the Clean Air Act, Ruckelshaus indicated that he is inclined to select the levels of the primary standard from the lower portions of the proposed ranges. This would allow a greater margin of safety to public health than those numbers at the high ends of the ranges. Based on studies of human pop- ulations exposed to historically high con- centrations of particles, and laboratory studies of animals and humans, the ma- jor health effects are those on breathing and the respiratory system, aggravation of existing respiratory and cardiovascular disease, alterations in the body's defense systems against foreign materials, dam- age to lung tissues, carcinogenesis, and premature mortality. It is difficult to eval- uate the extent to which any or all of these effects might occur in populations exposed to the much lower con- centrations prevalent in U.S. cities today. The major subgroups of the population that appear likely to be most sensitive to the effects of particulate matter include individuals with chronic obstructive pul- monary or cardiovascular disease, those with influenza, asthmatics, the elderly, children, and mouth-breathers. While available evidence clearly sup- ports continuing regulation of particulate matter, selecting a standard level that provides an adequate margin of safety involves a number of uncertainties. Quantitative assessments have been based on a small number of epidemiolo- gical studies (largely done in London during the period 1958-1972) conducted in times and places where particulate composition and levels may have varied considerably from those currently found in the United States. Available epidemiological studies on particulate matter are subject to difficulties inherent in all studies of this type, such as con- founding variables and somewhat limited sensitivity. Although some consensus has been reached on effects, there is a wide range of views among scientists as to the levels at which effects are likely to occur when assessing current exposure conditions in the U.S. Ruckelshaus pointed out that EPA has spent well over a million dollars to exam- ine the potential impact that these stan- dards will have on our national economy, as well as the practical problems that particular localities and industries may have in meeting the standards. But the agency's interpretations of the current statute, as well as several court cases, preclude him from using such informa- tion in setting the standards, he said. Consequently, Ruckelshaus has avoided reading such studies or being briefed on their findings by his staff. Noting practical difficulties in meeting the new standards, Ruckelshaus said a substantial number of areas of the coun- try are not in attainment with the existing primary standards for total suspended particulates. In line with the new pro- posal, EPA has sent letters to the state governors indicating that the agency will soon be providing detailed guidance on how to address the attainment of particu- late standards in light of the new PM10 proposal. The letters also indicate that the states are still expected to continue their on-going control programs for par- ticulate matter. Ruckelshaus also mentioned other aspects of the standard-setting process that create difficulties. "Based on the risk assessment information already gathered, reasonable persons might choose any of several numbers within the ranges we are proposing. Once a nu- merical standard is finally established, however, a domino effect occurs, triggering revisions in State Implementa- tion Plans, forcing EPA, states, localities and industries into potentially dramatic confrontations. The inability of the Ad- ministrator to take into consideration the practical problems of implementation when setting the health standards poses potentially grave problems," he said. Attainment deadlines for the health standards are dictated in the Act. Thus, once a level is selected, EPA has limited flexibility in implementation. This crucial limitation on the agency's ability to carry out responsible risk management can re- sult in undesirable consequences, he said. "Moreover," Ruckelshaus noted, "the statute provides for a single deadline for the primary standard, although the data suggest that both the health effects and the problems of implementation may vary enormously depending upon the makeup and the source of the particulate matter." An example of this point would be a control strategy that might be much more readily implemented if the particu- late matter came from a single source such as a factory than if it were a com- plex mix emanating from many sources. Moreover, some areas of the country, such as arid rural counties, may find their problems of implementation aggravated by windblown dust and dirt. Ruckelshaus explained that "these di- lemmas are very real and may under- score the need for some greater factoring into the Clean Air Act of realistic con- siderations to supplement what should be the paramount consideration of these standards — protection of public health and welfare." He called for public com- ment on what, if any, considerations EPA should take into account in setting the primary standards. In addition, the agency is proposing to defer a decision on secondary standards for even finer particles, i.e., those less than 2.5 micrometers, so that it can con- sider such a standard as part of a more detailed look at regional air pollution problems such as visibility degradation and acid rain. EPA expects to issue an advance notice of proposed rulemaking on this matter in the near future. The proposal on the national ambient air quality standards for particulate matter is to appear in the Federal Register. Public meetings on this pro- posal will also be announced in the Federal Register, with a public comment period of 90 days, D APRIL 1984 21 ------- Government Files PCB Cleanup Suit Pole-mounted transformers are involved in a recent Justice Department su/t against alleged PCB pollution by a Chicago area electric utility. I he U.S. Department of Justice recently filed a civil suit at the request of EPA against the Commonwealth Edison Com- pany, a Chicago area electric utility. The suit seeks to compel the cleanup of numerous Northern Illinois sites con- taminated by toxic polychlorinated biphenyl (PCB) fluids discharged from the company's pole-mounted electrical equipment. PCBs can cause liver damage, adverse skin effects and changes in other biological functions in human beings and are suspected human carcinogens, according to the government complaint. The suit, a major enforcement action under the Toxic Substances Control Act, was filed in U.S. District Court in Chicago. The case could have nationwide significance for utilities' cleanup prac- tices, government legal officials noted, since ruptures of electrical equipment containing PCBs occur throughout the United States. Because of their insulating qualities, PCBs are used in electric capa- citors and transformers and other equip- ment in electric utilities' distribution sys- tems. The government's complaint states that Commonwealth Edison has routinely failed to take prompt and thorough ac- tion to remove PCB contamination caused by failures of the company's elec- tric equipment. The complaint contends that PCB levels found on several residen- tial properties affected by Com- monwealth Edison's discharges pose an unreasonable risk to health or the en- vironment. Commonwealth Edison currently op- erates many PCB capacitors, transfor- mers and other items of electrical equip- ment which are in residential areas and other locations where human exposure to PCBs is likely to result from equipment failures, according to the government suit. The government said the utility has more than 40,000 capacitors and perhaps 27,000 transformers mounted on poles. As many as 100 of Commonwealth Edi- son's PCB capacitors are alleged to rup- ture every year, the government com- plaint said. In some instances, especially where transformers are mounted high on utility poles, bursting capacitors have sprayed PCBs onto people and into homes. The complaint cites several examples. in one, Mrs. Anna Schumacher of Tinley Park, III., allegedly was directly hit in 1978 by PCBs discharging from a capaci- tor close to her home. The chemicals sprayed into her house through an open window, and onto a truck, car and house trailer on her property, the suit alleged. The suit charges that she developed rashes on her back, neck and scalp and that her dog developed skin problems and cancer. The complaint alleges that the utility didn't remove contaminated materials from the Schumacher home until February, 1982, and that it still hasn't compfeted its cleanup of PCBs on the property. Because the company's cleanup record has been poor, government officials said, the complaint asks the court to compel Commonwealth Edison to go back and do a much more extensive and thorough job of removing PCB contamination at sites, possibly numbering in the hun- dreds, where a spill has occurred. It also asks the court to order Commonwealth Edison to accept responsibility for thor- ough cleanups of future spills. The suit said laboratory analyses of samples of post-cleanup debris have sometimes revealed PCB contamination levels of hundreds or even thousands of parts per million. Commonwealth Edison, the complaint said, must act to protect health or the en- vironment from unreasonable risk associ- ated with disposal of the PCBs. "Unless ordered to do so by this court," the com- plaint said, "Edison will not take further action necessary to protect health or the environment from such risk." I 22 EPA JOURNAL ------- Biological Tests Okayed for Toxics Control lish swimming in aquariums at EPA laboratories are helping in the scientific field of toxicity testing. Based in part on results of field studies involving the fish, EPA has announced a new policy on assessing and controlling toxics in rivers and lakes. The policy encourages use of bioiogicai as well as chemical testing methods in controlling toxics in these waters. Pre- vious efforts had relied almost ex- clusively on chemical analytical methods. Biological methods include a variety of field and laboratory techniques. Toxicity testing involves pumping effluent and water samples into aquariums containing fish and other aquatic animals, then observing the effects on the animals to calculate the toxicity of the wastewater. Chemical methods involve measuring the concentrations of individual pollutants in water samples. The new policy recognizes that chem- ical methods may be inadequate, and biological methods more useful, in cer- tain situations. A policy integrating both methods should increase the ability of EPA and the states to regulate toxic pol- lutants under existing laws, agency offi- cials believe. Background The Clean Water Act calls for technology- based controls (best available technology economically achievable and secondary treatment), as well as water quality-based controls as needed to achieve water qual- ity standards. Historically, permits issued under the National Pollutant Discharge Elimination System (NPDES) program have been based on technology require- ments and on correcting the more tradi- tional water quality problems such as violations of water quality standards for biochemical oxygen demand, total sus- pended solids, and some heavy metals. Technology-based permit limits help insure that appropriate treatment sys- tems are installed and operated properly. But they do not provide adequate pro- tection of water quality in every case. That is because technology-based con- trols are developed nationally, whereas water quality protection depends on local circumstances. Thus far, water quality based controls for toxics have been cen- tered on individual chemicals. Where toxics are concerned, there are several problems associated with a strict- ly themical approach to controlling water pollution. One is sheer numbers: it is dif- ficult to analyze all the many toxic chem- icals that may be discharged into receiving waters. In addition, effects of toxic chemicals, which are reactive, often vary, depending on the constituents of the effluent and receiving water. Finally, aquatic organisms are usually exposed to many toxic pollutants rather than a single one, and scientists cannot predict the effects of combined exposures. Recognizing the limitations of chemical analysis in controlling by itself the toxic pollutant problem, EPA in 1978 and 1979 began holding workshops with repre- sentatives of industry and federal and state agencies to discuss use of toxicolog- ical techniques. Over the next three years, the agency circulated issue papers and draft policy guidance and held brief- ings and workshops to examine methods for toxics control. These efforts culmin- ated in September 1983, with issuance of a draft policy on development of water quality based permit limitations for toxic pollutants. The new policy, issued on February 3, 1984, is a final version of that draft. The policy states that, "in addition to enforcing specific numerical criteria, EPA and the states will use biological tech- niques and available data on chemical effects to assess toxicity impacts and human health hazards, based on the general standard of 'no toxic materials in toxic amounts.'" APRIL 1984 23 ------- In this t(i*:a',y fe.si, a toxicoki'.iist M l-P [fivin,: Research Lab in Duluth, Mini. minnov*. itxnts Redirection Toxicity tests measure, not amounts, but effects of toxic chemicals. According to Jack Ravan, EPA Assistant Administra- tor for Water, the new emphasis on a biology-based approach represents "a significant redirection for all involved in water quality control. These methods will enable the states and EPA to address problems that previously were not de- tectable, and they provide a means to tailor controls to the actual effects on the receiving water." Rebecca Hanmer, Director of the Office of Water Enforcement and Permits, spearheaded the effort to develop the new policy. According to Hanmer, the policy's most significant aspect is its re- liance on general narrative criteria in state standards. "We used to believe," Hanmer explains, "that specific numerical criteria were needed in state water quali- ty standards in order to have an effective enforcement tool. Although specific criteria will be adopted for some toxic pollutants, the states obviously cannot adopt criteria for all toxic pollutants. This policy, therefore, encourages regulation based on the existing general standards protecting the designated water use and the public health, and carried out using available data on chemical effects and biological testing." EPA and some states have been using aquatic organisms to test the purity of water on a limited basis. In recent years, says Bruce Newton of EPA's Permits Divi- sion, several states have begun using the tests to define discharge requirements in NPDES permits. Their experiences, plus requests for a national policy from other states, prompted EPA to take a firmer stand on the use of these methods. EPA's policy is also based on results of studies conducted at agency research and development facilities, primarily the Environmental Research Laboratory in Duluth, Minn. There Dr. Don Mount pioneered methods for investigating effluent toxicity, and continues work on refining the methods and their applica- tion. In a joint project with the Permits Divi- sion, the Duluth lab runs the Complex Effluent Toxicity Testing Program. Under this program, scientists have carried out toxicity evaluations of 10 municipal and 50 industrial discharge points at six sites in four states—Connecticut, Ohio, Okla- homa, and Alabama. The next site slated for testing, according to Permits Division project manager Rick Brandes, is Balti- more Harbor. The basic thrust of this program is to determine, through use of ecological sur- veys and lexicological testing, if toxicity measured in an effluent translates inlo toxic impact in the receiving waters. Re- sults, according to Brandes, show a strong correlation between measured toxicity and ecological effects. "Office of Research and Development labs often develop the scientific basis for our regulatory programs," Newton ex- plains. In this case, the findings of the scientists in Duluth helped form the basis for EPA's new policy. The Office of Re- search and Development will continue to play a significant role, developing better toxicity tests and methods to solve pollu- tion problems. The policy states cases in which dif- ferent techniques should be used: "Pollutant-specific chemical analysis should be used where discharges contain a few, well-quantified pollutants and the interactions and effects of the pollutants are known...Biological techniques should be used where effluents are complex or where the combined effects of multiple discharges are of concern. EPA recog- nizes that in many cases both types of analysis must be used." The nation has made substantial prog- ress towards achieving the goals of the Clean Water Act, but much remains to be done. "There is a tendency to think," says Ravan, ' that water pollution control is largely in place. This is not true. Re- search shows that there still are signifi- cant water pollution problems. But the nature of water pollution has changed." As treatment of "traditional" pollutants becomes sufficient to protect water quali- ty, attention is shifting to pollutants that affect water quality through toxic effects. Compared to the traditional pollutants, less is known about the effects of pollu- tants that are toxic to aquatic life. EPA's new policy on biological testing should help change that situation. Q .'-i EPA JOURNAL ------- Report Surveys Water Quality for Fish rVn estimated 73 percent of the Nation's waters are clean enough to support pop- ulations of sport fish such as iargemouth bass and rainbow trout. At the same time, fish are being widely affected to some extent by pollution and by problems with the quantity of water, primarily low flow levels. These effects range from outright fish kills to stunted growth. These are key findings from the National Fisheries Survey, which EPA conducted in 1982-1983 in cooperation with the U.S. Fish and Wildlife Service. The survey is an assessment of the biolo- gical condition of the Nation's waters as indicated by the ability to support fish life. The survey found that nonpoint sources of pollution are the cause of harmful effects to the fish community in 38 percent of the Nation's waters and are ranked as a major concern in 19 percent of waters. Agricultural sources alone affect 30 percent of all waters. Point sources of pollution are also a problem. Although municipal and in- dustrial dischargers are on or have the potential to affect only an estimated 20 percent of the waterbodies in the coun- try, the survey found that fish com- munities in more than 10 percent of all stream miles are being adversely affected by these point sources. In half of these waters, point sources are considered to be a major concern. According to the survey, the ability of the Nation's waters to support sport fish or other fish of special concern, such as endangered species, has not changed appreciably during the past five years, even though human population and de- velopment pressures with a potential to worsen water quality conditions have in- creased. EPA officials explain that wastes are generally being treated more effi- ciently. Other highlights of the survey findings include the following: • In about 80 percent of the Nation's wa- ters, the survival, productivity or use of fish populations is being harmed to some A painting of Lake Trout, a fish found in northern and Cat degree by at least one type of man- caused or natural condition involving the quality or quantity of water, the habitat or other factors such as overfishing or disease. • Water quality factors such as pollution in general are causing harmful effects to fish communities in 56 percent of the Na- tion's waters. The predominant water quality factors are turbidity, adversely affecting fish communities in 34 percent of all waters; high water temperature, affecting fish communities in 26 percent of all waters; surpluses of nutrients, affecting fish populations in 12 percent of all waters; toxic substances, affecting fish in 10 percent of all waters; and low con- centrations of dissolved oxygen, also in 10 percent of all waters. • Poor water quality conditions caused by natural factors are adversely affecting fish communities in 22 percent of all wa- ters. These include sediment stirred up by flood waters and high concentrations of certain minerals. • Water quantity factors such as low water levels are adversely affecting the fish communities in 68 percent of the Na- tion's waters. Natural conditions are a major source of these effects. • The two most prevalent sport fish spe- cies are Iargemouth bass and rainbow trout which occur in about half of the Na- tion's waters. Anadromous fish species— fish that migrate from the ocean to fresh water to spawn—are found in an es- timated 11 percent of the Nation's wa- ters. These include salmon and steelhead trout. • Twenty-one percent of the Nation's waters contain no fish. Most of these reaches, however, are dry during part or all of the year. The survey was based on existing in- formation gathered from knowledgeable biologists in state fish and wildlife agen- cies for a statistically selected sample of the Nation's waters. These persons were asked to provide information on four basic concerns: the fish species occurring in a stream segment or impoundment (reach); the time of year during which the reach is usable as fish habitat: water quality, quantity, habitat and fish com- munity conditions which are adversely affecting the fish in the reach; and trends in water body conditions with regard to the fish community. Fish species used as indicators in the survey included sport fish, federally- designated threatened and endangered fish, and state-designated fish of special concern. The survey assessed flowing waters in the lower 48 states, including impoundments but excluding the Great Lakes, estuaries, coastal waters and wet- lands. Copies of the National Fisheries Survey will be available from EPA's Monitoring and Data Support Division (WH-553), Office of Water, 401 M St., S.W., Wash- ington, D.C. 20460, or the U.S. Fish and Wildlife Service's Western Energy and Land Use Team, 2627 Redwing Road, Fort Collins, Colo. 80526. ( ', APRIL 1984 25 ------- EPA Battles Bid Riggers "Price fixing, bid rigging and other typical antitrust violations have a more devastating effect on the American public than any other type of economic crime. Such illegal activity contributes to inflation, destroys public confidence in the country's economy, and under- mines our system of free enterprise. In the case of federal procurement, such crimes increase the costs of gov- ernment, increase taxes, and under- mine the public's confidence in its gov- ernment. " So begins a U.S. Department of Justice guideline on antitrust enforcement in federal procurement. According to this document, federal procurement in fiscal year 1981 amounted to over $134 billion. "Without doubt," the guideline states, "some contracts are the subjects of collu- sion like bid rigging." The EPA wastewater construction grants program represents one of the largest expenditures of public funds. According to EPA Deputy Administrator Al Aim, more than $22 billion has been obligated in this program on almost 10,000 active projects. On any given con- struction project, 85 to 90 percent of the total cost goes to private construction contractors. They are supposed to bid "freely and openly" in a "competitive marketplace," with the award going to the "lowest, responsive, responsible bid- der" under the formal advertisement method of procurement. But when bids are rigged, the method doesn't work as it is supposed to. Bid rigging is a conspiracy of two or more contractors to determine, before bidding on a public contract, which one will receive the contract. An EPA guide calls bid rigging "a blatant corruption of the competitive bidding process." it is also illegal, a violation of the Sherman Act punishable by a fine of up to $1 mil- lion for corporations, and up to $100,000 or three years imprisonment, or both, for individuals. According to EPA Inspector General John C. Martin, the agency is going after bid riggers on a national basis. In a November 1983 memo to senior man- agement, Deputy Administrator Aim an- nounced briefings on the Sherman Act and on detection of bid rigging in the construction grants program. The brief- ings are to be conducted by Justice De- partment attorneys in all regions. "The limited antitrust projects already initiated have resulted in indictments and con- victions, and demonstrate the need for greater attention to protect the integrity of EPA's largest program," Aim said. "The Office of the Inspector General has commited substantial resources in fiscal year 1984 to audits and investigations of possible bid rigging activities." Between 1977 and 1979, numerous cor- porations had been indicted for bid rigging on highway and airport construc- tion contracts that had been funded by the U.S. Department of Transportation (DOT). But the business of many of these corporations was not limited to DOT con- tracts. At the direction of the Inspector General, the Office of Investigation's Southern Division meticulously matched the list of indicted contractors against lists of current EPA construction con- tractors and unsuccessful bidders. The records showed that a large number of the indicted contractors had either been awarded contracts by EPA grantees or were on the EPA bidders list. Investigators from the Office of the In- spector General then analyzed wastewater treatment facility contracts for North and South Carolina and found a pattern indicating bid rigging. They worked with the Justice Department's Antitrust Division on a grand jury probe in the two states. Their work began paying off in May 1982, when the first firm and officers of two corporations were indicted for bid rigging under an EPA grant. In August 1982, these individuals were convicted and sentenced to prison terms and fines totaling $300,000. To date, results in this bid rigging probe add up to 14 indict- ments and 12 convictions, each involving a jail sentence and most atso involving a substantial fine and numerous sus- pensions and debarments from further government contract bidding. Several more cases are still under grand jury in- vestigation. In the course of its probe, the Inspector General's Office identified certain bid rigging patterns. Low bids on many EPA projects were elevated by $1 million or more over engineering cost estimates through bid rigging. Each convicted cor- porate official stated that bid rigging on WHAT SHOULD we TIME9 26 EPA JOURNAL ------- Nonpoint Source Pollution in the U.S. EPA projects was very important to his firm since there were more risk factors in wastewater plant construction than on federal highway construction. Bid rigging had become a way of life in the states under investigation and the convicted contractors, prior to the investigation, did not consider their bid rigging activities as criminal. When they finally did accept the criminality of their behavior, they cooper- ated with federal investigators. The Southern Division's experience in bid rigging investigations forms the basis for the nationwide initiative now under way. The Inspector General's action plan calls for the four IG Divisions to analyze all contracts and subcontracts awarded under the construction grant program. They will look for data on potential bid rigging cases, refer appropriate cases to the Department of Justice, and work with Justice on documenting evidence. Audit and investigative personnel will work together on this initiative, using a new EPA guide on bid rigging analysis in the construction grants program. In- cluded in the guide is a 14-item list of documents required for successful pro- secutions of Sherman Act violations, and a 15-item list of indicators of bid rigging. The indicators include previous charges of bid rigging, a low number of bidders, joint bids when one competitor could have filed its own bid, identical bids, and a persistent pattern of low bidding. The goal of the Inspector General's nationwide attack on bid rigging is threefold; to obtain jail sentences for convicted violators, to recoup financial losses through successful civil suits, and to discourage other contractors from rigging bids. Between April 1 and September 30, 1983, the Office of the Inspector General opened 93 new investigations, including 31 cases of fraud against the government and nine cases of antitrust violations. Two hundred twenty-three cases were under investigation, including 120 fraud cases and 32 antitrust cases. Six in- dictments and nine convictions were obtained during the six month period. D r\ new EPA report to Congress reviews the major contributions made by non- point sources to water pollution in this country. These sources such as drainage from farm lands, runoff from city streets and parking areas, and waste from aban- doned mines are considered by many EPA and state officials to be the principal remaining cause of water pollution now that treatment facilities have been pro- vided for most pollutants discharged from point sources such as a pipeline. Excerpts from the EPA report to Con- gress on nonpoint source pollution fol- low: "The principal sources of nonpoint pollution vary between EPA regions and between states, but agricultural sources are identified as the most pervasive non- point source in every region. Pollutant loadings caused by runoff from urban lands and by mining activities are the next most commonly reported nonpoint source problems. Urban runoff con- tributes to localized water quality prob- lems and is a source of concern because it may contain toxic heavy metals. Where they occur, water quality problems from abandoned mines can cause particularly severe impacts, in some cases resulting in the devastation of stream life. For abandoned mines and densely developed urban areas, cost-effective remedial measures may be hard to implement. "Additional nonpoint sources of local- ized concern include silvicultural activi- ties and construction erosion. The water quality impacts from both of these sources are not as pervasive on a nation- al level as the other sources described in this report. "For most water quality problems caused by nonpoint sources, substantial water quality improvements can be—and have been —achieved cost effectively through careful targeting of control ac- tivities. Targeting high-payoff areas re- quires identifying both the priority water bodies for which the adoption of a non- point source control program will have significant benefits and the best man- agement practices that wilt lead to the greatest improvements for the least cost. "While general statements about prob- lems and potential solutions are possible at the national level, the analysis and decision-making required for effective im- plementation of targeted controls must take place on a local levet. "The key to careful targeting of control activities to maximize water quality bene- fits is a watershed-based analysis. A thor- ough watershed analysis will: (1) identify those use impairment problems that are caused specifically by nonpoint sources, (2) rank priority water bodies for con- centrated attention, (3) pinpoint the specific land management practices giving rise to the problems, and (4) de- sign a system of cost-effective man- agement practices that can reduce the nonpoint source pollutant load to the watershed. "The basic approach taken by the Clean Water Act for managing point sources—that is, the application of uni- form technological controls to classes of dischargers—is not appropriate for the management of nonpoint sources. Flex- ible, site-specific, and source-specific decision-making is the key to effective control of nonpoint sources. "Site-specific decisions must consider the nature of the watershed, the nature of the waterbody, the nature of the non- point source(s), the use impairment caused by the nonpoint source(s), and the range of management practices avail- able to control nonpoint source pollution. "The actual site-specific selection of particular management practices to con- trol nonpoint source pollution (called Best Management Practices [BMPs]) will involve locai environmental and eco- nomic considerations, as well as con- siderations of effectiveness and acceptability of the practice. APRIL 1984 27 ------- rrosion on unprotected corn field after a lain storm. Agricultural Nonpoint Sources "As is the case with most types of non- point source pollution, the nature and ex- tent of the agricultural nonpoint source problem is directly related to the way in which the land is used. The agricultural sector generally manages land resources very intensively. Row cropping, for ex- ample, usually involves not only a good deal of land disruption, but also the application of chemicals such as fertiliz- ers and pesticides. About 63 percent of the non-Federal land in the United States is used for agricultural purposes, in- cluding crop and livestock production. It is not surprising, therefore, that agricul- tural activities constitute the most per- vasive cause of water quality problems from nonpoint sources. Indeed, it is con- sidered the most serious cause in most of the EPA regions. National studies suggest that agricultural nonpoint source pollution adversely affects portions of over two-thirds of the nation's river basins. Nonpoint source pollution from agriculture actually has several different sources with different associated im- pacts. These sources are: • Nonirrigated croplands, both row (e.g., corn and soybeans) and field (e.g., wheat), • Irrigated croplands, • Animal production on rangeland and pasture, and • Livestock facilities "This range of sources indicates that the agricultural nonpoint source problem is not only pervasive, but also multi- faceted. The primary pollutants from nonirrigated cropland are sediment, nut- rients, and pesticides. While irrigated farming is a source of these pollutants, too, it is also the major agricultural source of polluting salts and other miner- als. Runoff from barnyards and feedlots primarily contributes nutrients, organic matter, ammonia, fecal bacteria, and other micro-organisms to receiving water bodies. "Over-grazing of rangelands and pas- turelands often contributes sediment and nutrient pollution through runoff. The re- lated surface disruption and reduction in natural cover increases the erodibility of these lands. Livestock grazing freely along streambanks compact and damage them, thus increasing erosion and sedimentation problems. Livestock wastes also contribute to stream pollu- tion. Sediment from Cropland "The most obvious cause of surface water contamination from cropland is sediment, which is carried off eroding lands via rainfall, snowmelt, or heavy wind. Research suggests that 25 percent to 40 percent of the soil that runs off a field reaches a water body. "Conservation practices such as less plowing help retain crop residues on the land to reduce runoff of sediment. These practices are considered to be very effec- tive and of direct benefit to farmers, but may require specialized equipment and additional costs. "Some agriculture water quality prob- lems can be controlled by best man- agement techniques beyond the eco- nomic self-interest or means of many far- mers. For example, reduction of some se- vere erosion problems may require terracing—a costly technique that breaks up a long slope into a series of shorter ones and reduces erosion by interrupting downhill water flow. Control of animal waste problems may require the fencing of streambanks to keep out animals. Reduction of Agricultural Sources "Although agriculture presents the most pervasive nonpoint source pollution 28 EPA JOURNAL ------- Hauling logs in Colorado forest Construc- tion of logging roads is a significant source of soil runoff in timber cutting. problems, the best management tech- niques available for addressing agricul- tural nonpoint sources are generally well known. "In addition, many—but not all—of the problems in this nonpoint source cate- gory can be ameliorated by adoption of techniques within the economic setf- interest of the landowner or farmer. In fact, management practices designed to stop erosion may increase the long-term productivity of the land. "Substantial achievements in water quality can be made by targeting re- sources, education, and training pro- grams to the land areas and activities that are the source of agriculturally- generated pollution problems. "Effective delivery systems for many of these programs are already in place as a result of the excellent outreach agencies developed by the U.S. Department of Agriculture. The Experimental Rural Clean Water Program, for example, has demonstrated the effectiveness of tar- geting and training in a number of water- sheds throughout the country. "Barriers to widespread adoption of agricultural best management tech- niques, in general, are not technical. These barriers include: educational ones (farmers lack knowledge about best man- agement techniques); economic ones (adoption of certain techniques is beyond the farmer's economic interest); and pro- grammatic ones (programs that specif- ically address nonpoint sources and that provide technical and financial assistance and/or an appropriate regulatory framework are often lacking at the state and local levels). Silvicultural Nonpoint Sources "The smaller area and extent of forest management activities, less intensive site preparation, infrequent harvest, and low- er frequency of pesticide and nutrient ap- plications in a given year all result in sil- viculture generating a smaller volume of total nonpoint source pollutants than agriculture nationwide. However, 38 ••-X'-'" » • •* — "-* x -- ' ZBr*3-5"'--V TT •' •r%fe '.-&:: ••. Vvr **#**& ' ••^%v. • •' . • _J *-n -ffff_ , • *v». 4 ,-. .;-• ^^Kl states cited forestry impacts in their water quality management plans, and sil- vicultural management activities can generate major localized nonpoint source pollution problems. "One factor in understanding the na- ture of the Silvicultural nonpoint problem is the frequency with which land dis- turbance takes place and the nature of that disturbance. The time intervals at which forests are cut is an important fac- tor in the potential for nonpoint source pollution. Rotation periods vary from 20 to more than 100 years for different spe- cies of trees. Thus, harvest sites in the pulp and paper producing areas with shorter (20-year) cutting cycles have more frequent opportunties for con- tributing to nonpoint source pollution. "Silvicultural activities are actually comprised of a number of different op- erations, each of which has a different potential for nonpoint source pollution. These activities include road building, pesticide and herbicide application, harvesting and logging operations, re- moval of trees from the harvesting site, and preparation of the site for revegeta tion. "Poorly planned road building and poorly managed site preparation activi- ties offer the greatest potential for pollu- tion impacts. The likelihood of such im- pacts is dependent upon such factors as road design, extent of soil disturbance, and time required until cover is reestab- lished (generally 2 to 5 years, and, in cer- tain terrains substantially longer). "A mature forest may experience ex- tremely low soil erosion rates when un- disturbed by the activities of people (0.5 tons per acre per year or less). While average erosion rates from carefully managed logging activities may be fairly low (less than an additional ton per acre) erosion rates from 10 to 15 tons per acre APRIL 1984 ------- per year are not uncommon. Losses due to intensive site preparation (preparing soil for replanting) can exceed 100 tons per acre per year. "Nonpoint source impacts on water quality from silviculture depend on the characteristics of the forest land (e.g., soil type and slope), on climatic conditions, and on the type of forest practices and the care with which they are undertaken. "As is the case with agriculture, sedi- ment is the major pollutant by volume, and the soil type, slope, and climate markedly alter the rates of erosion and sediment delivery to water courses. Although fertilizers and pesticides have been increasingly used in silviculture, they are typically applied only once or twice during a 20- to 35-year period, as compared to annual agricultural applica- tions. Control of Forestry Nonpoint Pollution "Although silvicultural activities do not appear to cause nonpoint source pollu- tion problems as pervasive as those caused by agriculture, or as severe as those related to mining, they can still lead to localized water quality problems in places where they are not well man- aged. The main nonpoint source pollu- tants from silvicultural activities are sedi- ment, chemicals (from pesticides and herbicides), and organic debris. Principal sources are roads, logging activities, preparation of sites for revegetation, and aerial spraying of pesticides. Man- agement practices to control these pollu- tants are well known and well under- stood. Major implementation concerns are institutional in nature. "As in agriculture, adoption of some best management plan will be within both the means and self-interest of the owner or operator. For example, proper construction of logging roads intended for tong-term use may lower operation and maintenance costs. Needs for spe- cialized equipment may put some best management practices beyond the means of the small landowner or oper- ator. Finally, certain management prac- tices may be unattractive because they result in lost timber sales (e.g., stream- bank management zones that leave a buffer strip in both sides of the stream). "In cases where the self-interest of the landowner or operator has not been enough to cause adoption of best man- agement practices, many states have effectively encouraged compliance with regulatory or quasi-regulatory programs. In other states, educational and training programs are used. Mining Nonpoint Sources "Mining cannot be viewed as a homogeneous source of nonpoint pollu- tion. Many different minerals are mined, each with its own set of nonpoint source problems. Coal and metal mining are the sources discussed here, because both are associated with serious water quality problems in large geographic regions. "Although mining is not as widespread as agriculture, its water quality effects are normally much more harmful. Sedimentation rates from mining can be extraordinarily high. Furthermore, whole streams may be biologically dead as a re- sult of acid mine drainage. Other pollu- tants with potentially serious effects in- clude heavy metals and radioactive mate- rials. "The main nonpoint source problems at mining sites are: • Runoff of sediment from haul roads at both active and inactive mine sites; • Drainage of pollutants including acid, sediment, salts and metals from inactive mines; and • Drainage and leachate containing acid, metals, and sediment from the spoil and tailings piles generated both by active and inactive mines. Abandoned Mine Problems "Mining-related nonpoint source water quality problems are found in many parts of the country. Because mining activities are typically concentrated in a limited area, water quality impacts are also local- ized in nature. Where they occur, how- ever, the resulting impact can be quite serious. "Techniques for controlling pollution from operating mines are widely avail- able. Proper site planning of a new mining operation is the key to preventing pollution, and is required by law for all new mines. In many parts of the country, however, it is the inactive and aban- doned mines, the design and operation of which were completed a number of years ago, that pose serious water quali- ty problems. "Techniques are available for solving many of the water quality problems associated with surface mining. In some instances, significant costs may be associated with regrading land areas and adding topsoil for revegetation in aban- doned mines where improper planning for reclamation makes after-the- fact problem solving difficult. Correction of drainage problems from deep mines is both more technically difficult and more costly. In addition, correction of these drainage problems may not last, and will usually require long-term monitoring and maintenance. "Although techniques are available to arrest many abandoned surface mine problems, institutional issues and costs continue to present barriers to effective control. Mine owners are sometimes reluc- tant to cap or bury tailings piles, and to take other steps that might make future recovery of mineral values more difficult. Furthermore, ownership and responsibil- ity for abandoned mines is often difficult or impossible to establish. 30 EPA JOURNAL ------- Construction Nonpoint Sources "On a national basis, the water quality degradation caused by nonpoint source pollution from construction activities is not nearly as great as the amount caused by other major nonpoint sources. Sedi- ment is the main construction site pollut- ant, but it represents only about 4 to 5 percent of nationwide sediment loads in receiving waters. Other pollutants from these sites can include chemical fertiliz- ers, pesticides, paint and debris. "Where construction activities are in- tensive, however, the localized impacts on water quality may be severe because of the high unit loads involved. Erosion rates from construction sites typically are 10 to 20 times that of agricultural lands, and runoff rates can be as high as 100 times that of agricultural lands. Thus, even a small amount of construction may have a significant negative impact on water quality in localized areas. "Construction site erosion rates are highly variable because site characteris- tics are many and varied. Climate, soil type, slope, and the type of construction activity conducted are all involved. Se- vere erosion problems can occur locally anywhere in the country. "Usually, a combination of structural and nonstructural controls produces the most cost-effective answers to construc- tion nonpoint source problems. For ex- ample, highway construction nonpoint source pollution can be decreased signifi- cantly by utilizing diversion and filter structures, mulches, and well planned ex- cavation work. Total costs are estimated at more than $1,000 per acre, but these costs are more than recaptured by the re- duced expenditures for cleaning up sedi- ment damage. Nonpoint Source Pollution Controls "The major nonpoint source pollutant from construction sites is sediment. Although pollutant loads are small nationally, the volume of runoff from a particular construction activity—and its impact on a local water body—can be significant. Best management practices are well understood technically. They are also recognized to be beyond the eco- nomic interest of the builder. Practices are typically instituted as a result of reg- ulatory action on the part of the state and or local government, and costs are passed on to the consumer. "The failures in existing implementa- tion programs need to be better under- stood so that appropriate steps can be taken to reduce this source of nonpoint pollution. Although precise data are not available, one of the apparent problems in many construction erosion control pro- grams is the difficulty of inspecting and enforcing control measures at numerous sites scattered throughout a local jurisdiction. Weak inspection and en- forcement point to the need for more emphasis on training and education to complement regulatory programs. Urban Nonpoint Sources "Rainwater running off roofs, lawns, streets, industrial sites, and other per- vious and impervious areas washes a number of pollutants into urban lakes and streams. A large volume of the con- stituents in urban runoff is comprised of sediment and debris from decaying pave- ments and buildings that can clog sewers and waterways, reducing flow (and thus increasing the chance of flooding) and degrading aquatic habitat. Heavy metals and inorganic chemicals (including cop- per, lead, zinc, and cyanides) from trans- portation activities, building materials, and other sources are also significant pollutants. "Nutrients are added to urban runoff from fertilizers applied around homes and in parks. Petroleum products from spills and leaks, particularly from service station storage tanks, and fecal bacteria from animal wastes and ineffective septic tanks are other important contaminants and may affect ground water as well as surface water. In short, many of the wastes from urban living make their way into urban runoff. "Of equal importance is the volume of stormwater runoff leaving urban areas. When natural ground cover is present over an entire site, approximately 10 per- cent of the stormwater runs off the land into nearby creeks, rivers, and lakes. When paved surfaces account for 10 to 20 percent of the area of the site, 20 per- cent of all stormwater becomes surface runoff. As the percentage of paved sur- faces increase, the volume and rate of runoff and the corresponding pollutant loads also increase. "Metals and inorganics are the urban runoff contaminants having the greatest potential for long-term impacts on aqua- tic life, although they appear not to cause the immediately observable acute im- pacts of pesticides (e.g., fish kills). Some of these pollutants accumulate in the tis- sues of fish and other aquatic organisms. They also accumulate in the environment through continuing sedimentation and or are resuspended in the water column during high flows associated with storm events. "These constituents may also have im- portant effects on ground water, the ex- tent of which ib dependent on hydroiogic and geologic conditions that determine the amount of runoff which percolates through to underground aquifers. Aquif- ers in limestone areas are particularly vulnerable because runoff flowing into sink holes and surface water is thus transmitted to ground water rapidly. Control of Urban Runoff "Water quality problems caused by urban nonpoint sources will be most acute in heavily populated, built-up areas such as the Northeast. The most effective control measures are structural, however, and opportunities for implementation of these measures will be very limited in such situations. Developing urban areas offer the greatest potential for utilizing the full range of structural and non- structural controls. Adoption of these measures is an important means of reducing future urban nonpoint source pollutant loads. D APRIL 1984 ------- New Appointments, New Missions at EPA Recent appointments at EPA include the filling of high ranking posts in the Office of Water and the Office of Inspector General. Meanwhile, it was announced that an EPA scientist will be one of the astronauts in a space flight scheduled for lift-off in December, 1985. The EPA appointments are: Rebecca Hanmer, Director of the Office of Water Enforcement and Permits. Marian Mlay, Director of the new Office of Ground Water Protection. Kenneth Alfred Konz, Deputy Assistant Inspector General for Audits. Hanmer, who has been with EPA since its inception, served as Acting Assistant Administrator for Water from May to November 1983. In this position she was responsible for administering the Clean Water Act, as well as the Safe Drinking Water Act and the Marine Protection Re- search and Sanctuaries (Ocean Dumping) Act. She served as Deputy Assistant Administrator for Water during the previous year. Hanmer was EPA's Region 4 Adminis- trator in Atlanta, Ga., from January 1980 to July 1981 and was Deputy Regional Administrator for EPA's Region 1 in Bos- ton from 1977 to 1980. Prior to that she served as assistant director of the agen- cy's Office of Federal Activities from 1972 to 1976 and as director from then until October 1977. She joined the office when EPA was created in 1970 as Federal Ac- tivities coordinator for public land man- agement. She began her government career in the Department of Health, Education and Welfare in 1964, and was a staff assistant in the Interior Department's Federal Water Quality Administration at the time it was transferred to EPA in 1970. Hanmer was honored as a Presidential Meritorious Executive in 1980 after receiving EPA's gold medal for ex- ceptional service in 1977 and the silver medal for superior service in 1975. She received a Bachelor of Arts from the College of William and Mary in 1963 and a Master's degree in political science from American University in 1965. Mlay has been Deputy Director of the Office of Drinking Water since 1979. The new Office of Ground Water Protection, which she will head, is part of EPA's Office of Water. The ground-water office will coordinate all EPA ground-water ac- tivities, develop policies and guidelines and provide guidance to regional ground- water programs. It also will provide staff support to a ground-water oversight committee chaired by Jack Ravan, EPA Assistant Administrator for Water, and will manage a ground-water steering committee which will review policy and make recommendations on budget re- quests for this program. Mlay brings more than two decades of experience in federal government service to her new post. For the past five years as Deputy Director of the Office of Drinking Water she supervised de- velopment of the ground-water protec- tion strategy. From 1978-79 she was Di- rector of the program evaluation division in the EPA Office of Planning and Man- agement. She served as Deputy Director, Office of Policy Development and Plan- ning, Assistant Secretary for Health, in the Department of Health, Education and Welfare from 1973 to 1977 where she managed a multi-million-dollar program involving several Public Health Service agencies. She was Director of the Division of Consolidated Funding, Office of the Comptroller at HEW from 1972 to 1973, and developed a recruitment program for executive level women at that agency in 1972. Earlier she held a variety of posi- tions including Acting Regional Director of HEW in Chicago. Mlay received a B.A. degree in political science from the University of Pittsburgh and a law degree from American Univer- sity. She has received numerous honors in government service including the National Institute of Public Affairs Career Education Award in 1969, Public Health Service Superior Performance Award, and the HEW Executive Management Award in 1977. She was a Princeton Fel- low in Public Affairs at the Woodrow Wil- son School of Public and International Affairs from 1969 to 1970. Konz was Special Assistant to the Assistant Inspector General for Audits at EPA beginning in 1981 where he was in- volved in all aspects of Office of In- spector General audit operations. From 1976 to 1980, he was Director of the East- ern Audit Division of the Office of In- spector General. Previously, Konz was on special assign- ment from EPA as Special Assistant to the Commissioner of the New Jersey De- partment of Environmental Protection from 1975 to 1976. He was Supervisory Auditor of EPA's Mid-Atlantic Audit Divi- sion from 1973 to 1975 and began his ex- perience of 13 years at EPA as an auditor in the Office of Audit about one month after it was organized in 1971. In other jobs, Konz was Auditor-!n- Charge and Supervisory Auditor for HEW in Colorado and Virgina, 1968 to 1971, and was with the Army Audit Agency from 1965 to 1968. Konz graduated from the University of Denver with a Bachelor of Science-Bachelor of Arts degree in 1965 and did graduate work in public administration at the Uni- versity of Oklahoma. EPA JOURNAL ------- us. Dr.Bill Williams, head of EPA's Wildlife and Toxicology Research Group in Cor- vailis. Ore., was nominated for the seven- day Spacelab-4 flight. The experiments he will be conducting aloft involve monitoring changes in the bones and blood vessels of rats and squirrel monk- eys during periods of weightlessness and the possibility of an egg developing in zero gravity. These experiments are de- signed to help advance the treatment of cancer and diabetes in humans. Williams is a specialist in thermal regu- lation, the control of the body's tempera- ture by the brain and other systems. After 14 years as a scientist at NASA he came to EPA on a sabbatical in May 1982 to work on wildlife toxicology, especially the effects of pesticides on wildlife. While still with the space agency, in 1977, Williams participated in a simulated flight of the Spacelab during which he and the other participating astronauts were totally isolated and otherwise treated exactly as if they were in orbit. Now that he has been selected for the Spacelab-4 flight his training will in- tensify. He has recently begun alternating one week working with EPA and the next with NASA. Sometime early this summer he will take a sabbatical from EPA to train full time. Once the flight (or flights—he may fly two missions) is completed, Williams plans to return to EPA's Corvallis lab. LJ EPA / speaks to group ot : observant EPA astronaut Bill WiUumt; in simulation • APRIL 1984 33 ------- Update • Clean Air Week, May 7-13 The annual Clean Air Week will be held May 7-13 this year and will focus on transportation problems which adversely affect air quality. The event is being spon- sored by the American Lung Association in conjunction with the State and Territorial Air Pollution Program Administra- tors and the Association of Lo- cal Air Pollution Control Offi- cials. EPA will be cooperating in the activity which will help reinforce the campaign EPA is conducting to stop tampering with auto emissions control equipment and use of leaded fuel in cars designed for un- leaded gas. Fuel Blending Violations EPA recently issued notices of violation against seven gaso- line blenders and two fuel additive manufacturers selling alcohol gasoline blends in the State of Ohio in violation of federal limits. The agency has proposed that civil penalties totalling $140,000 be levied against the alleged offenders. This action closely follows the agency's recent actions against the use of illegal amounts of alcohol in un- leaded gasoline in the State of Michigan and signifies the EPA's increased investigation of alcohol blending practices nationwide. EPA said samples of un- leaded gasoline obtained from retail service stations pre- dominately in the Columbus, Ohio, area contained high levels of methanol without other required fuel additives. Laboratory analysis showed as much as 11.4 percent methanol and 15.3 percent ethanol in the samples taken. EPA has granted waivers of a Clean Air Act statutory ban for certain fuels and fuel additives of 10 percent by volume of an- hydrous ethanol in unleaded gasoline and several other blends of methanol with co- solvent alcohols in unleaded gasoline. Air Proposal EPA recently proposed not to regulate polycyclic organic matter (POM) compounds as a general class under the Clean Air Act. POM is a generic term which covers a large class of chemical substances usually emitted as particulate matter from various stationary and mobile sources. POM emissions to the atmosphere are generally pro- duced by combustion proc- esses, especially where com- bustion is incomplete. Because POM encompasses a large class of compounds from di- verse sources and because these pollutants are not gener- ally quantified, national es- timates of POM emissions are very unreliable. However, one study in 1980 estimated nation- al POM emissions to be nearly 18,000 tons. The major source categories of POM include resi- dential use of wood and coal in stoves (44 percent) and fire- places (three percent); mobile sources such as automobiles, trucks and aircraft (40 percent); forest fires (five percent); com- mercial and industrial incinera- tion (three percent); and coke oven emissions (two percent). The major human health concern over airborne expo- sure to POM stems from its carcinogenic (cancer-causing) potential, tt is well established that extracts of particular air pollutants which contain POM are carcinogenic when painted on the skin of rodents or in- jected into newborn mice. A variety of POM and POM mix- tures are mutagenic (causing changes in genes) in various tests. However, not all POMs have been tested. The extent to which people are exposed to these pollutants in the ambient air, and hence the need to regulate them as a class under the Clean Air Act are very unclear. Many of these compounds are currently con- trolled under other environ- mental programs, especially the national ambient air quality standards for particulate matter. EPA intends to contin- ue investigating various POM compounds and sources to de- termine the magnitude of their emissions, the public health risks they pose, and applicable control techniques. Results of this work will be made avail- able to the public as they are completed, and EPA will take what action is needed to pro- tect the public health. ENFORCE MENT Suit on PCBs The Department of Justice, on behalf of EPA, has filed an amended civil suit against six companies for contaminating New Bedford Harbor, Mass., with polychlorinated biphenyls (PCBs). The original suit on behalf of the U.S. Departments of Com- merce and Transportation, filed December 1983 in U.S. District Court in Boston, seeks to hold the defendant companies liable for damages to natural re- sources from release of PCBs in the harbor and the Acushnet River estuary. In addition, it asks for recovery of past and future costs incurred by the government in identifying and assessing those damages. EPA now seeks injunctive relief and asks the defendants to plan and undertake removal and re- medial actions in the harbor. The current action charges that the defendants created the threat of imminent and sub- stantial endangerment to pub- lic health or the environment, alleges each is jointly and severally liable for environ- mental and natural resources damages caused by release of PCBs, and seeks recovery of the government's costs in con- nection with the site. EPA JOURNAL ------- "The overall action is partic- ularly significant because it ad- dresses damages to natural re- sources. New Bedford Harbor is a vital habitat and feeding area for lobster, shellfish and other organisms, and histor- ically has been a major com- mercial and sport fishing area," said Assistant Attorney General F. Henry Habicht II, head of the Justice De- partment's Land and Natural Resource Division. HAZARDOUS WASTES Delaware Receives Award Delaware Governor Pierre Du- Pont was presented by Ad- ministrator William Ruckel- shaus with a "Certificate of Achievement" in recognition of that state's becoming the first to achieve final authorization under the federal Resource Conservation and Recovery Act (RCRA) to manage its own hazardous waste program. "Delaware's authorization signals a new era for this country as the states and federal government move jointly to assure that the hazardous wastes our society produces are effectively con- trolled," Ruckelshaus stated. "I commend Governor Du- Pont and Delaware's De- partment of Natural Resources and Environmental Control for recognizing the state's role in regulating hazardous wastes," said Ruckelshaus. Delaware, by achieving final authorization, will have pri- mary responsibility for enforcing regulations to control the generation, transportation, storage, and disposal of hazardous wastes. Currently, more than 40 states and territories have re- ceived interim authorization to administer the RCRA program, which permits them to manage one or more aspects of hazardous waste management at the state level. Under RCRA, the program developed by the states must be "substantially equivalent" to the federal pro- gram to receive final authoriza- tion. Delaware is the first state to receive final authoriza- tion. Superfund Contracts Two contracts totalling more than SlOO million to provide im- mediate emergency response capabilities at hazardous waste sites in the Northeast and Mid- western states were recently awarded by EPA. The contracts are with O.H. Materials Co. of Findlay, Ohio, and PEDCO Environmental, Inc., of Cincinnati, Ohio. Each firm will provide all cleanup personnel, equipment, and materials needed to con- duct Superfund emergency ac- tivities. Each contractor is also responsible for maintaining a management organization to support a standby network of cleanup resources and to pro- vide on-scene deployment of these resources in accordance with the EPA On-Scene Coordi- nator's instructions. O.H. Materials Co. will stand by to handle Superfund emergencies for EPA's Region 1 — Maine, Vermont, New Hampshire, Massachusetts, Connecticut and Rhode Island; Region 2 — New York, New Jersey, Puerto Rico, and the Virgin Islands, and Region 3 -- Pennsylvania, Delaware, the District of Columbia, Maryland, Virginia, and West Virginia. PEDCO Environmental, Inc., will handle Superfund emergency actions for EPA's Region 5 covering Illinois, In- diana, Michigan, Minnesota, Ohio and Wisconsin. Similar contracts for Super- fund emergency actions in the Southern, Western and North- western states were awarded in December 1983. Expediting Waste Rules In a precedent-setting action, EPA is listing certain hazardous wastes as a group, rather than individually, in order to speed up the process of controlling them. Pollutants to be listed are chlorinated hydrocarbon- contaminated wastes that re- sult from the manufacture of such products as drycleaning liquids, degreasing solvents, and other chemicals. "We're cutting the time and effort to deal with these hazardous wastes without cut- ting corners," said Lee M. Tho- mas, EPA's Assistant Adminis- trator for Solid Waste and Emergency Response. "One regulation, rather than 25 individual regulations, will cover the wastes of 25 major commercial products," Thomas added. "As part of EPA's overall mission to protect public health and the environment, we must determine which wastes are hazardous and therefore legally subject to control. Expediting the listing process for hazardous wastes also expedites their control," he explained. This new listing of wastes resulting from the manufacture of chlorinated aliphatic hydro- carbons means they now will be subject to controls in stor- age, treatment, shipment and disposal. Remedy at Superfund Site EPA Assistant Administrator Lee M. Thomas has decided that excavation and off-site dis- posal of wastes will remedy surface contamination at the 40-acre Berlin & Farro Liquid Incineration Co., site near Swartz Creek, Mich. The estimated $6 million needed for the project will come from the trust fund ad- ministered by EPA under the Comprehensive Environmen- tal Response, Compensation, and Liability Act (CERCLA), known as Superfund. The Berlin & Farro site, which was operated as a hazardous waste and disposal facility from 1972 to 1981, in- cludes two dumps filled with drums, metal hydroxide set- tling ponds, a paint-sludge trench, agricultural drains, the foundation of a liquid in- cinerator, contaminated soil, and numerous pockets of li- quids, sludges, and solvents. Among contaminants found at the site are a number of organic chemicals and various polychlorinated biphenyls (PCBs). INTERNATIONAL Japan Meetings Administrator William D. Ruck- elshaus attended a series of meetings in Japan February 7 and 8 dealing with joint en- vironmental projects of Japan and the United States. Ruckelshaus said the visit afforded him the opportunity to "see first-hand some of the innovative technology the Japanese are applying to the problems of pollution control." The meetings, held in Tokyo, were a result of a bilateral U.S.-Japanese agreement on environmental cooperation signed in 1975, which es- tablished 14 joint projects in such areas as sewage treat- ment technology, solid waste management and the control of air pollution from vehicles and industrial and commercial sites. Oversight for the projects is provided by the Joint U.S.- Japanese Planning and Coordinating Committee of which Ruckelshaus is co- chairman with Minoru Ueda, Japan's environmental agency minister. APRIL 1984 35 ------- Environmental Almanac Exploring Fern Valley In a green sanctuary in Northeast Washington the notes of a woodthrush floated down from a towering beech tree while an ambulance siren wailed in the distant background, adding poignancy to the melancholy birdsong. These sounds were heard recently in Fern Valley, one of the more secluded nooks in the U. S. National Arboretum. The arboretum is an oasis of trees, shrubs and flowers which graces an urban neighborhood dominated by ware- houses, motels, fast food restaurants and the endless car and truck traffic on New York Avenue, one of the main entrances to the Nation's Capital. Fern Valley is a natural woodland where thousands of ferns, shrubs, and wildflowers have been planted since 1959 as part of a joint educational project of the National Arboretum and the National Capital Area Federation of Garden Clubs. Most of the ferns native to the Eastern United States can be seen in this peace- ful four-acre retreat hidden away from the hurly-burly of a huge metropolis. At this time of year many of the ferns are beginning to rise from the ground with their leaves or fronds in tightly curled shapes known as fiddleheads, curved like the scroll at the head of a violin. Among the ferns growing here are Christmas ferns, which have leaflets shaped like stockings hung on the mantle at Yule time; Cinammon ferns, named for the brownish wool which grows on their fiddleheads and which are used as nest material by many small birds; and New York ferns, recognized by the lacy fronds which taper at both ends. Students are taught to remember the name of this plant by recalling that New Yorkers are reputed to burn the candle at both ends. Some of the more exotic plants include the Royal fern, an imposing species which often grows in swampy locations or shallow waters; Ostrich ferns, named because of the supposed resemblance of its fronds to an ostrich feather; and the remarkable walking fern. When the tips of this plant's spear-iike fronds touch the ground, they take root and produce clus- ters of similar fronds, thus advancing this species across the ground. Tree-like ancestors of modern ferns formed some of the world's great coal deposits. Today ferns generally have no economic value, but they do bring grace and beauty wherever they are found. They carpet the forest floor in parts of Fern Valley where they live in com- munities of plants with similar require- ments for climate, soil, moisture and sun- light. One of these communities demon- strates the plant life of a northern forest. Here in addition to ferns are many shrubs and small trees which have been planted including azaleas, laurel, rho- dodendron, blueberry, hobblebush, nan- nyberry, witchhazel, bay berry, mountain holly, shadbush, dogwood, and striped and mountain maple. In the acid soil under the pine trees are found pink ladyslippers, orchids, winter- green, partridgeberry, and Canada may- flower. In less acid locations under deciduous trees such as oak and beech many spring wildflowers bloom before the new tree leaves shade the sunlight. These flowers include trillium, hepatica, spring beauty, dutchman's breeches, bloodroot, foam flower and wood violets. Near the end of the marked trail that winds through Fern Valley is a wall of historic limestone rocks, built to prevent erosion and to provide a habitat for such plants as the walking fern that need a "sweet" or neutral soil. Standing by this wall and reflecting on the interrelationships of these plants to each other and to the larger world around them, one can recall the words of a poem by Tennyson about a flower in a crannied wall: "Little flower, but if I could understand What you are, root and all, and all in all, I should know what God and man is." —C. D. P. EPA JOURNAL ------- Shore birds feeding on the beach. ------- United States Environmental Protection Agency Washington DC 20460 Official Business Penalty for Private Use $300 Third-Class Bulk Postage and Fees Paid EPA Permit No. -c. ------- |