State Comments on Frozen Data - 2015

Data Metric 1b1 - Permit Limit Rates for Majors –This metric continues to inaccurately show 5 Major permits listed in the “Not Counted” column, bringing our percentages down to 86.1%, while they should be at 100%. After working with both R10 and EPA Headquarters, this seems to be a continuation from prior years that has yet to be fixed. After corresponding about this again this year with EPA, Office of Compliance, they communicated that it was not possible to develop, test and deploy more fixes to the metrics this year and our best option was to describe the issues again with the metrics in the data caveats below and why these permits should be removed from this metric.

AK0037303 - Trident Seafoods Akutan has both limits and parameters, as well as a history of DMR submittals which are identified in Metric 1c1, which we are currently as 100% for DMR entry rates. EPA’s response is that they do not count expired permits in metric 1b1 or 1c1, however they do count them within the metric of 1a1, which does not make sense to do it one metric, but not the other two for Major permit counts. They recognize that this is an obvious problem in the metric that needs fixing, but they want to see how this plays out in different states in order to come up with an amicable solution that will benefit all of the states affected. Until then, this permit will show up in this metric as not having parameters or limits.

AK0043206 - HECLA Greens Creek Mine permit has always been in either Administratively Extended or Effective status with limits, parameters and regular DMR submittals. EPA’s response is that this is an error in the metric logic and that it’s going to take some time to develop. The current programming logic is unable look at the previous permit version and consider its limits to be counted up to the effective date of the reissued permit. This logic makes absolutely no sense, since reissuances are routinely done with no break in DMR submittals, which obviously require parameters and limit coding.

AK0052388 - Peter Pan Seafoods Inc has no limits and parameters coded into ICIS, nor has it ever, as they are required by their permit to submit their data in annual report form only. We received this permit in this condition during Primacy and until we can reissue it, nothing will change regarding their reporting requirements, nor can they under 40 CFR and its Administratively Extended status-. EPA’s response is that there is no way for this metric to identify annual report-only permits from the narrative condition field. They intend to submit a change request form to ICIS which will add an annual-report only field and keep us informed of their progress and getting it implemented.

AK0052787 - Trident Seafoods Sandpoint is the exact same scenario as described above for AK0052388.

AKS052558 - City of Anchorage MS4 is a Major stormwater permit with over 700 outfalls that is shared by both the city of Anchorage and Alaska Department of Transportation. They are required under their stormwater permit to submit their data in annual report form only. They will never have limits or parameters coded in with DMR submittal requirements. In speaking with EPA about this last year as being incorrectly included in this metric, I was instructed to add the appropriate stormwater components in ICIS, which was supposed to fix this and have it removed from this metric. That did not work and for this FY15 data verification, EPA did further research and they have identified a known limitation in ICIS which prevents this metric logic from distinguishing a stormwater permit from a standard permit, therefore creating the possibility of having standard permits excluded by excluding stormwater permits. Until they can fix this, both types of permits will be included, even if it is incorrect.

Incorrect/Deficiency - 1a3 Number of Active NPDES Non-Majors with Individual Permits: The correct number of Active NPDES Non-Majors with Individual Permits for Arkansas is 680. NPDES permit AR0051110 has a termination date of 10/01/2014. Therefore, it was not active during Federal Fiscal Year 2015.

Under Review - 1a4 Number of Active NPDES Non-Majors with General Permits: The Arkansas Department of Environmental Quality (ADEQ) is in the process of entering all of the Active NPDES Non-Majors with General Permits into the United States Environmental Protection Agency’s Integrated Compliance Information System (ICIS) database for the National Pollutant Discharge Elimination System. Until recently, ADEQ had not entered permitted facilities covered under the Construction Stormwater and Hydrostatic Testing General Permits unless an administrative order was issued. There are 3823 NPDES general covered facilities in ADEQ's Facility and Permit Summary database as of 02/12/2016.

Incorrect/Deficiency - 1f1 Facilities with Formal Actions: The correct number of Facilities with Formal Actions for Arkansas is 48. The NPDES permit tracking numbers ARR001309 and ARU500015 are the same physical facility site. The Formal Action was issued to ARR001309, but the violations occurred before permit coverage was issued; therefore, the violations are linked to ARU500015 in the ICIS database. The same situation exists for the following pairs of permit tracking numbers (ARR001382 and ARU500016), (ARR154378 and ARU500014), and (ARR154379 and ARU500013). There are 4 duplicates.

Incorrect/Deficiency - 1g1 Number of Enforcement Actions with Penalties: The correct Number of Enforcement Actions with Penalties for Arkansas is 34. The NPDES permit tracking numbers ARR001309 and ARU500015 are the same physical facility site. The Formal Action with a penalty was issued to ARR001309, but the violations occurred before permit coverage was issued; therefore, the violations are linked to ARU500015 in the ICIS database. The same situation exists for Formal Actions with penalties for the following pairs of permit tracking numbers (ARR001382 and ARU500016), (ARR154378 and ARU500014), and (ARR154379 and ARU500013). There are 4 duplicates.

Metrics 1a & 1a5: The term “active” should be interpreted as a facility that has not notified that they are no longer conducting regulated activity. Therefore Metric 1a2 is most likely not representative of the universe of operating generators. DEEP relies on Metric 1a5, the number of generators who have filed a biennial report (BR), as a more representative count of Large Quantity Generators (LQGs) actively operating in the state.

Metric 1b1: DEEP conducted 3 Non-financial Records Reviews (NRRs) in addition to the number of sites inspected reported. The additional 3 NRRs were performed for the following out-of-state handlers: Approved Storage & Waste Hauling (NYR000076513), Conkling Services & Construction Inc (NYD012928347) and Newtech Recycling (NJR000066506).

Metric 1b2: DEEP conducted 3 NRRs in addition to the number of inspection reported.

Metrics 5b & 5c: For FY2015 CT DEEP chose the LQG FLEX Alternative and deviated from the national inspection goal of inspecting 20% of the LQG universe by inspecting 10% of the traditional LQG universe and inspecting 5% of the Pharmaceutical LQG universe and redirect remaining resources to inspect manifest initiative sites and a mix of inspection types. CT inspected 5 LQGs that were not on the BRS. They are: NALAS Engineering (CTR000511279), Buckeye Terminals (CTD069263424), Gulf Oil Limited Partnership (CTD002901510), COSTCO Wholesale 324 (CTR000501908) and COSTCO Wholesale 780 (CTR000504274).

Metric 8b: Multi-agency inspection/enforcement coordination delayed response time.

Metric 10a: Assessment for potential litigation delayed time to resolution.

7a2 - 02/19/2016 - added an additional 111 facilities, total should be 116 after data refresh.

7f1 - Overrides requested for 3 facilities: FL0021521, FL0031895, FL0471275.

7g1 - Overrides requested for the following 20 facilities as they should be re-categorized to Category 1 Noncompliance: FL0020559, FL0021466, FL0021610, FL0036862, FL0037133, FL0040029, FL0042293, FL0042536, FL0042838, FL0043389, FL0043419, FL0112895, FL0116921, FL0140023, FL0166154, FL0384941, FLA139092, FLA275026, FLA285331, and FLA470031.

Overrides requested for the following 10 facilities as no violations were found for: FL0025593, FL0043923, FL0044237, FL0044245, FL0167720, FL0183750, FL0824569, FLA183075, FLA183326, and FLA405582.

Metric 5b Annual inspection coverage for LQGs:

1. One hundred facilities are reported as being inspected.
2. Twenty-one of the 393 facilities identified in the BR LQG universe are foreign flagged cruise ships and should not be on this list since FDEP relies on the US Coast Guard to perform routine cruise ship inspections. FDEP recommends that a data flag be created to remove cruise ships from Metric 5b.
3. Without the cruise ship the annual inspection coverage would be 26.9%.

Metric 5C Five-year inspection coverage for LQGs:

1. Sixty-seven facilities are reported as not being inspected within a five-year period.
2. Twenty-one of the sixty-seven facilities are foreign flagged cruise ships and should not be on this list since FDEP relies on the US Coast Guard to perform routine cruise ship inspections. FDEP recommends that a data flag be created to remove cruise ships from Metric 5c.
3. Without the cruise ship the five-year inspection coverage would be 94.7%.

Metric 8b Timeliness of SNC determinations:

1. Three of the six facilities reported in the SRF as not receiving a timely SNC determination are not accurate. These facilities were secondary violators that were appropriately reclassified as SNC before day 240 as specified in the 2003 EPA Enforcement Response Policy. This is a data issue on how the SQG select statement calculates SNC determinations; by not accounting for secondary violators reclassified as SNCs. The late SNCs are: Envirofocus, US Foundry, and Central Florida Auto Yard.
2. EPA agreed to add a reclassification code in the script logic to properly address secondary violators reclassed to SNCs before day 240 per EPA's enforcement response policy.
3. The SNC determination timeliness rate with the correct script logic would be 91.9%.

Metric 1a3 Number of active SQGs

1. The number of active SQGs reported do not reflect the most accurate number of active SQGs in Florida. The department is currently working to update the translation scripts to capture generator status for facilities that are no longer SQGs as determined by local governments under the state SQG Assessment, Notification and Verification Program.

For Data Metric 1b4 - Number of Active Title V Facilities, 7 facilities were not included in the list that could not be corrected. Those facilities, with ID Number and comments are:

• Bartow County MSW Landfill (GA0000001301500103) (ICIS-Air shows Title V as of 1/12/15)
• EMD Performance Materials Corporation (GA0000001305100037) (Title V through January 26, 2016)
• International Marble, Inc. (GA0000001305700061) (Title V inadvertently deleted February 10, 2016)
• Redbone Ridges MSW Landfill (GA0000001312900070) (ICIS-Air shows Title V as of 1/12/15)
• Exide Technologies (GA0000001321500051) (ICIS-Air shows Title V as of 5/25/15)
• Lagrange I-85/SR109 SLF (GA0000001328500081) (ICIS-Air shows Title V as of 4/17/00)
• Old Dixie Municipal Solid Waste Landfill (GA0000001331300131) (ICIS-Air shows Title V as of 1/12/15)

Metric ID 1d1: Facilities with informal actions

• KDHE does not track informal actions in a centrally located searchable format and therefore does not load the data to ICIS-NPDES.

Metric ID 1e2: Total number of informal actions at CWA NPDES facilities.

• KDHE does not track informal actions in a centrally located searchable format and therefore does not load the data to ICIS-NPDES.

Metric ID 2a1: Number of formal enforcement actions taken against major facilities with enforcement violation type codes entered.

• KDHE does not tie enforcement violation type codes to the formal enforcement actions. All previous violations which still exist or may recur at the time the order is written are covered under the order.

Metric ID 7a1: Number of Major facilities with single event violations.

• KDHE does not track single event violations in a centrally located searchable format and therefore does not load the data to ICIS-NPDES.

Metric ID 7a2: Number of non-major facilities with single event violations.

• KDHE does not track singe event violations in a centrally located searchable format and therefore does not load the data to ICIS-NPDES.

Metric ID 7b1: Compliance schedule violations.

• KDHE does not track compliance schedule violations in a searchable format and therefore does not load the data to ICIS-NPDES. The O'Brien Ready Mix order is a KDHE-issued order which has been terminated.

Metric ID 7c1: Permit schedule violations.

• KDHE does not track permit schedule violations in a searchable format and therefore does not load the data to ICIS-NPDES.

Metric ID 7f1: Non-major facilities in Category 1 Non-Compliance.

• KDHE loads non-major basic data including limit sets to ICIS-NPDES, however, states are not required to load non-major DMR data. KDHE loaded some, but not all, discharge monitoring report (DMR) data during this time period to support the limit set requirements. Therefore, the vast majority of the Category 1 Non-Compliance is because of KDHE not loading all the non-major DMR data to ICIS-NPDES.

Metric 7g1: Non-major facilities in Category 2 Non-Compliance.

• KDHE loads non-major basic data including limit sets to ICIS-NPDES, however, states are not required to load non-major DMR data. KDHE loaded some, but not all, discharge monitoring report (DMR) data during this time period to support the limit set requirements. Therefore, the vast majority of the Category 2 Non-Compliance is because of KDHE not loading all the non-major DMR data to ICIS-NPDES.

Metric 8a1: Major facilities in SNC.

• Of the three facilities shown, one is shown as having schedule violations of an EPA issued order. It is unknown whether this facility remains in violation of the EPA issued order or if EPA has not updated ICIS-NPDES. The violations shown for the two remaining facilities are legitimate and both facilities have come back into compliance with no enforcement action required.

Kentucky has discovered data problems that related to the data migration between the Federal databases ICIS-Air to ECHO. Kentucky has also discovered data problems related to the data migration from the Federal databases AFS to ICIS-Air. U.S. EPA has been notified of these problems.

Please contact Mark Cleland (502-564-2150) or B.J. Bland (502-564-3999) for more information.

METRIC 1a1

• The Download from ECHO indicated there are 264 Active Majors
• The report from TEMPO indicated there are 233 Active Majors

Results

• 23 facilities in ECHO were found to be permanently closed in TEMPO. They were also found to be closed in ICIS but then reopened after a 12/19/2014 AFS migration
• 7 facilities are listed in TEMPO as conditional majors. They are listed as sm80’s in ICIS, which is the same as a Conditional Major: but ECHO has them listed as Majors
• 3 facilities are listed as conditional major sources in TEMPO. However; they are listed at Title V and SM80’s in ISIC
• 1 facility is listed as permanently closed in TEMPO but is listed as operating in ICIS

METRIC 1a2

• The Download from ECHO indicated there are 269 Active Synthetic Minors
• The report from TEMPO indicated there are 248 Active Conditional Majors (a.k.a. Synthetic Minors)

Results

• 32 facilities in ECHO were found to be permanently closed in TEMPO. They were also found to be closed in ICIS but then reopened after a 12/19/2014 AFS migration
• 1 facility in ECHO is permanently closed in ICIS but is operating as a Major in TEMPO under a new company name.
• 11 facilities are operating as a minor or a registered source in TEMPO. Are listed as Synthetic Minors in ICIS which will equal bad ECHO data
• 1 facility listed in TEMPO was not listed in ICIS
• 4 facilities are in the LMAPCD

METRIC 1b1

• The Download from ECHO indicated there were 213 Active NSPS Facilities
• The report from TEMPO indicated there are 216 Active NSPS Facilities

Results

• 1 facility number was duplicated in the TEMPO report
  • 2118500036 for the Bluegrass Generation Co. in Lagrange KY
• 7 facilities are listed in TEMPO but no not show up in ICIS
• 7 facilities are listed in TEMPO and ICIS as Under construction.

METRIC 1c1

• The download from ECHO indicated there were 295 facilities
• The download from TEMPO indicates there are 291 facilities

Results

• There is a 4 facility difference. The numbers for the ECHO reports have changed with each report download from November to February

METRIC 1c2

• The download from ECHO indicated there were 303 facilities
• The download from TEMPO indicates there are 300 facilities

Results

• There is a 3 facility difference. The numbers for the ECHO reports have changed with each report download from November to February

METRIC 1j

• The download from ECHO indicated there were 372 facilities
• The download from TEMPO indicates there are 195 facilities

Results

• There are 176 facilities on the ECHO list that are either Synthetic Minors or Conditional Majors. The SRF review asked for TVACC (I assume the TV stood for Title V)
• There remains 30 facilities that are on the ECHO download that are not part of the TEMPO report. These facilities are the same ones that we have identified over and over throughout the other reports.
• There are 166 facilities whose data agrees when compared to TEMPO and ECHO

METRIC 1i6

• The download from ECHO indicated there were 91facilities
• The download from TEMPO indicates there are 107 facilities

METRIC 1i1

• The download from ECHO indicated there were 83facilities
• The download from TEMPO indicates there are 89 facilities

METRIC 1b3

• The download form ECHO indicated there were 265 MACT facilities
• The download from TEMPO indicated there are 280 MACT facilities

Metric 1a3 – The following GP was issued as an IP- change to ICIS has been requested through the help desk– not changed– help desk pending
 

The following permits were issued as IPs, please change the permit type to SIN - change to ICIS has been requested through the help desk – not changed – help desk pending

Metric 1b1 – KY0100153 shows as not counted- the previous permit had limits, but expired on 6/30/2007. The current permit became effective on 12/1/2015 and has limits. I realize this may remain as not counted for FY2015 because of the 12/1/15 effective date. – not changed, not expected to change

Metric 1c1 – the following permits show as not counted but have limits. Some became effective after 9/30/2015 so I realize they may remain as not counted. – all are not changed, all except KY0083739 are not expected to change – this permit has limits in ICIS and the permit was effective during FY2015, ECHO has DMR data available.

Metric 1a2: Louisiana did not use the 2013 Biennial Universe list currently attached in ECHO to select LQG facilities for inspection in Federal Fiscal Year (FFY) 2015. The verified 2013 Biennial list was not available at the time of State Inspection Planning, which occurs in May. The LQG universe list was pulled directly from the RCRAInfo production database, which contains the most current generator status. The LQG universe for FFY 2015 at the time of inspection planning was 400 LQGs, and 80 LQGs were targeted for inspection. In the EPA FFY 2015 End of Year Report, the report notes that Louisiana inspected 92 LQGs, which exceeds the 20% PPG commitment.

Metric 1f1: LDEQ updated RCRAinfo to include the EPA/LDEQ joint consent decree with CCS Midstream (Civil Action No. 5:14-CV-02284) prior to the data freeze but was not reflected in OTIS-ECHO prior to data verification. This should be reflected in the final count of the number of site with formal enforcement actions metric.

Metric 1g: LDEQ updated RCRAinfo to include the EPA/LDEQ joint consent decree with CCS Midstream (Civil Action No. 5:14-CV-02284) prior to the data freeze but was not reflected in OTIS-ECHO prior to data verification. The penalty amount of $1,250,000 should be reflected in the total dollar amount of final penalties metric.

Metric 1f2: LDEQ updated RCRAinfo to include the EPA/LDEQ joint consent decree with CCS Midstream (Civil Action No. 5:14-CV-02284) prior to the data freeze but was not reflected in OTIS-ECHO prior to data verification. This should be reflected in the final count of the number of formal enforcement actions metric.

Metric 1f1: LDEQ updated RCRAinfo to include the EPA/LDEQ joint consent decree with CCS Midstream (Civil Action No. 5:14-CV-02284) prior to the data freeze but was not reflected in OTIS-ECHO prior to data verification. This should be reflected in the final count of the number of final formal actions with penalty in last 1 FY metric.

1f2- Total Number of Formal Actions at CWA NPDES Facilities does not include approximately 180 actions. EPA was contacted and they confirmed that their drilldown was missing actions. The data could not be updated before the data freeze date so accurate data verification could not be done on this metric.

7f1 - Number of non-major facilities in Category 1 non-compliance is erroneously elevated due to the implementation of electronic discharge monitoring report system (NetDMR). Where limits are coded for untracked non-major facilities and NetDMR is not immediately used, non-receipt DMR violations are generated for DMRs that may have been received through standard paper submission and are not entered into ICIS.

7g1- Number of non-major facilities in Category 2 non-compliance includes LAR10E876 which was terminated as of 04/23/2009 and the associated order was closed 06/29/2009 so this permit should not be included.

In general, the data in the US EPA’s FY15 report is consistent with data in the Michigan Air Compliance and Enforcement System (MACES) database except for the following:

• Metric 1a4: There were no actual CMS minor sources in FY15. The state count should be zero.
• Metric 1a5: There were no minor source HPV cases in Michigan in FY15. The state count should be zero.
• Metric 1h1: The metric only shows $877,285 in enforcement penalties for Michigan, however, $1,794,348 in penalties was reported to ICIS-Air for FY15. Penalties for AK Steel ($676,563) and HD Industries ($240,500) are not reflected in the metric amount.
• Metric 1j: The number of Title V Annual Compliance Certifications reviewed is underreported in ICIS-Air. This is a known issue with the data extraction programming and Michigan is working to resolve this problem.
• Metrics 1l1, 1l2, 1l5, and 1l6: Stack test data is underreported in ICIS-Air. This is a known issue with the data extraction programming and Michigan is working to resolve this problem.

Michigan Department of Environmental Quality (MDEQ) Data Verification for the National Pollutant Discharge Elimination System Program (NPDES): The MDEQ, Water Resources Division (WRD), has not been able to electronically transfer information regarding our permits, Discharge Monitoring Reports (DMR), inspections and compliance, and enforcement activities to the United States Environmental Protection Agency’s (EPA) Integrated Compliance Information System (ICIS) from our new information system called MiWaters. MiWaters came on line in August 2015. Unfortunately, MiWaters has not been able to flow data to ICIS and we do not have staff to manually enter all of this data (although some permit and DMR data has been manually entered). We anticipate that data flow to ICIS will begin in March 2016, although it may take a few months to upload all the required data. All data flows should be running in the next month or two. Our consultants are in the early stages of testing the data flows, focusing on facility, permit and DMR data first, and then moving on to the rest of the data flows. Data regarding inspection and compliance/enforcement activities has not been updated in ICIS for several years due to problem transferring data electronically from our previous database. Below is a summary of inspection data and informal/formal enforcement actions taken during the period of October 1, 2014, to September 30, 2015. This information is included in our Performance Partnership Grants report that will be submitted to the EPA. This data accurately reflects our efforts to take timely and appropriate action for noncompliance issues.

Jon Russell, Chief
Field Operations Section – Lakes Erie and Huron
WRD

For NPDES majors, in FY 2015 we conducted 39 Compliance Evaluation Inspections (CEI), 31 Compliance Sampling Inspections (CSI), and 11 Compliance Toxic Inspections (CXI) (for a total of 81 high-level inspections). We also conducted around 100 recon inspections. In FY15 we completed inspections as follows:

• At NPDES individual and general non-stormwater minors: 34 CSI/CXIs, 79 CEIs, 266 recons and 16 termination inspections.
• At biosolids facilities: 7 audits, 13 inspections and 78 recons, as well as 121 site inspections.
• For Federal Industrial Pretreatment Program (IPP) facilities, in FY 2015 we conducted audit (Ypsilanti Community Utilities Authority Regional Wastewater Treatment Plant). Additionally, 7 Pretreatment Compliance Inspections (PCI) were conducted for a total of 8 high-level inspections. We also conducted 21 IPP recon inspections.
• At industrial stormwater facilities: 208 industrial stormwater inspections and an additional 273 site visits.
• At construction stormwater facilities: 168 construction stormwater inspections and an additional 178 site visits.
• At Municipal Separate Storm Sewer Systems (MS4s): 16 audits, 7 inspections, and 3 other site visits. Of the 16 audits, 4 were desktop audits and review of the application and Stormwater Pollution Prevention Plan in preparation for permit reissuance.
• At Combined Sewer Overflows: 2 inspections at NPDES minors and 8 recons.
• At Concentrated Animal Feeding Operations (CAFO): 18 CAFO inspections and 40 CAFO recons.

Issue compliance communications (CC), violation notices (VN), and/or second violation notices (SVN), where appropriate, to facilities found to be in noncompliance with permit requirements, state laws, or administrative rules.
 

In FY2015, 27 Administrative Consent Orders (ACOs), Amended ACOs, and District Initiated Administrative Consent Orders (DACOs), and 5 judicial consent judgments were entered for abatement of water pollution and assessment of penalties. The WRD also resolved 10 additional unpermitted discharge cases involving mostly industrial stormwater discharges via the WRD’s General ACO and Certificate of Entries (COEs) for unpermitted dischargers. The assessment of civil penalties, agency costs, and natural resource damages amounted to $283,060 for the ACOs, Amended ACOs, DACOs Judicial Consent Judgments and COEs in FY 2015.

For the TVACC data, the Received dates were for the most part entered as 12/31/2014 instead of the actual received date. The Review dates were all entered accurately with their actual dates. Also there were 40 facilities for which duplicate TVACC records were entered. They are as follows:
 

There were significant errors between what was in the ECHO database and what is in our Missouri Clean Water Information System (MoCWIS) Department staff have done their best to provide accurate information but a significant amount of work is still to be accomplished.

I am verifying the data in the Element 1 Data section only. There are comments and notes regarding permits which appear in ICIS but which have been terminated in MoCWIS. There is a data batching problem which MO has been working with the EPA to resolve, where these terminations are not reaching the ICIS system. Here are the sections and number of terminations:

• 1a1 - 1 permit
• 1a3 - 441 permits
• 1a4 - 9,506 permits

Detailed data was entered for each permit within category 7c1 (Permit schedule violations). 90+ permits had been terminated. 300+ permits have no violations in MoCWIS. skr (MO/DNR)

1.a.3 the universe of non-major GPs include several permits that were terminated during the fiscal year and are no longer active. 

7.a.2 Three of the single event violations have been resolved, only one remains outstanding.

The following permit numbers were terminated on 12/31/2012 (and are reflected as such in ICIS) and should not be included in the total for MT general permits: MTR10AN7I, MTR10AQ4I, MTR10AQ5I, MTR10AV3I, MTR10AV4I, and MTR10AV5I. The permit schedule violations for MT0021890, MT0022551, and MT0030554 were linked to old permit cycles; they have been cleaned up in ICIS, and should no longer be flagged as violations. All other Montana metrics were verified.

Metric 7A2 State - Number of Non-Major Facilities with Single Event Violations. ALL FACILITIES LISTED BELOW DO NOT SHOW SEVS IN THE FEDERAL FISCAL YEAR OR AN UNRESOLVED SEV.

• 1a2 correct number of facilities should be 135; 2 facilities included in this metric but incorrectly coded in ICIS
• 1a3 correct number of facilities should be 2; metric shows 1 facility with closed air program
• 1a6, 1b1, 1b3 unable to verify
• 1b4 correct number should be 37; 1 facility not included possibly due to classification as minor
• 1e1, 1e2 correct number should be 16 due to unintended action deletion not yet resolved; additional actions not included due to classification of non-federally reportable
• 1j correct number should be 37; 2 reviewed in FY16 and 1 not included due to coding in ICIS

NYSDEC does not use the federal generator status field in RCRAInfo to track the RCRA hazardous waste generation status of a site (i.e., LQG, SQG) and this field is inaccurate for NY sites. We use an internal database of manifest and Hazardous Waste Report data of HW shipments and generation instead. NY also does not use the active site field in RCRAInfo.

This results in the calculation of certain RCRA State Review Framework Metric #s being inaccurate: 1.a.2., 3., and 4., about # of sites in each generator category; and 5.b., c., and d., about inspection coverage. Any other calculations using these numbers are also inaccurate. The percent of NY LQGs and SQGs inspected, or inspection coverage, is greater than calculated in the metrics. This also results in the EPA ECHO site search, Dashboard, Comparative Map, and Envirofacts public webpages not displaying the generator status of NY sites correctly.

The metric numbers are based on current universe counts for LQGs and SQGs, but since these universes change on a daily basis, some of the LQG and SQG inspections conducted are not credited in EPA's SRF reports because the site moved out of the universe, and their generator status field in RCRAInfo was not revised. EPA R2 and NYSDEC have agreed that DEC will target inspections at long-term LQGs, since a very large percentage of our LQGs are an LQG for a year or less. Inspecting sites that do not generate hazardous waste on an ongoing basis is difficult.

For metric 5a, Two-year inspection coverage for operating TSDFs, the Combined or All metric results should be used, because EPA R2 has requested that they inspect federal owned NY TSDFs.

For metric 8a, SNC ID rate, EPA OECA changed its calculation, did not email states about it, and did not follow the Enforcement Response Policy in their new calculation of it. (There are other inspections besides CEI and FCI that produce SNC violators that are not counted. There is also a timing issue for sites that have inspections and SNC determinations in different fiscal years.) EPA HQ has acknowledged this and de-emphasized the use of this metric.

NY conducts inspections at facilities that do not have EPA IDs and are not required to notify EPA nor NYSDEC of their hazardous waste activities (i.e., federal CESQGs, and non-regulated facilities) nor get an EPA ID #. As a result, not all inspection and enforcement activities are captured in the database, nor reflected in EPA's metrics. EPA's metrics understate NY's full range of hazardous waste compliance, inspection, and enforcement efforts.

Almost all data was entered in RCRAInfo before EPA's deadline. Data is accurate as much as possible.

• 1a3: NC had to delete 7 NESHAP Part 61 Minors from this metric because this Air Program is shutdown for these facilities
• 1b1: 4 NC Facilities with Active NSPS Air Program not included in this Metric but are in ICIS: Total=682
  • NC0000003709800040
  • NC0000003703300194
  • NC0000003706500335
  • NC0000003707400309
• 1b3 Correction: 30 Closed Facilities or Shutdown 40 CFR Part 63 Air Programs were removed from ICIS to reflect our database.
• 1i2 Correction: 1 failed Stack Test not counted in this Metric but is in ICIS
  • Total=11
• 1i3 Correction: 8 Pending Stack Tests are not counted in this Metric but are in ICIS
  • Total=99
• 1j Correction: 3 TVACCs were not counted because the new ICIS Compliance Action IDs for these activities are in conflict with the old AFS action number for these activities.
  • NC000A0000370250004800128
  • NC000A0000370510002400065
  • NC000A0000370910008200050
  • Total=305

Ohio EPA’s hazardous waste program exceeded the large quantity generator (LQG) inspection baseline goal of 20%. In agreement with U.S. EPA’s Region 5, Ohio EPA’s hazardous waste program used the 2011 BR LQG baseline for FFY15 inspection planning, instead of the 2013 BR LQG baseline. In FFY 2015, Ohio EPA inspected 154 LQG’s – Ohio EPA’s commitment (20% of the LQG universe) was 145. Because of the difference in the BR LQG baselines, U.S. EPA’s data makes it appear Ohio did not reach its goal, but in actuality Ohio exceeded their commitment to U.S. EPA.

Also, Ohio EPA has pointed out two concerns regarding ECHO data metrics calculations to U.S.EPA regarding for determining LQG coverage in the future. The first concern is due to the significant number of pharmacies that filed a 2013 Biennial Report (BR) and stated they would continue to be a LQG, Ohio’s LQG baseline jumped by approximately 201 LQGs. This is a national problem that will continue unless the proposed changes in the Pharmaceutical rule are adopted. In the latest agreement with U.S. EPA, Ohio EPA negotiated an alternate Compliance Monitoring Strategy with Region 5 for FFY16 in regard to the inspection of pharmacy LQGs but OECA’s data metrics will not take that into account.

The second concern is with the number of active LQGs. Currently, the number of active LQGs is approximately twice the number of BR LQGs. State and federal regulations do not require that a facility re-notify to update Ohio EPA of their current regulated activities. Facilities may go out of business or change their waste generation rate and neglect to inform the state of these changes. Therefore the term “active LQGs” refers to facilities that have not notified Ohio EPA that they are no longer regulated. Based on experience and data mining results, Ohio EPA believes the count of BR filers is much closer to the true number of active LQGs.

The following permits have single event violations that have been entered into ICIS, but are not reflected in the frozen data totals: SDG589602, SDG589615, SDG589603, SDG589605, SDG589606, SDG589607, SDG589619, SDG589610, SDG589609, SDG589614, SDG589613, SDG589612, and SDG589611. All other South Dakota metrics were verified.

Metric 1a1, 1a3 - SD0028611 is in the process of being classified as a Major. It is currently classified in ICIS as a Minor.

Metric 1a3 - SD00TEST1 is used as a template permit in ICIS as a time saver.

Metric 1a4 - There are 17 (SDPG#####) Pretreatment Industrial User permits that are now covered under a Pretreatment Metal Finisher general permit. There is no other option to code these under a Master General Permit as a Pretreatment Industrial User in ICIS at this time.

Metric 1e1, 1e2 - There are 5 (SDPG#####) Pretreatment Industrial User permits that are now covered under a Pretreatment Metal Finisher general permit. There is no other option to code these under a Master General Permit as a Pretreatment Industrial User in ICIS at this time.

• Metric 1a1 - Number of Active Majors: The transition from AFS to ICIS-Air resulted in all Title V Major facilities to appear in ECHO, regardless of the FY15 permit status. The facility list in ECHO is not representative of the Title V Major facilities with an active permit during FY15. TCEQ Records indicate there were 1205 active Title V Major facilities in FY15.
• Metric 1a2 - Number of Active Synthetic Minors: TCEQ does not capture or maintain this information.
• Metric 1a3 - Number of Active Minors Subject to NESHAP Part 61: TCEQ does not capture or maintain this information.
• Metric 1a4 - Number of Active CMS Minors: TCEQ does not capture or maintain this information.
• Metric 1a5 - Number of HPV Minors: TCEQ does not capture or maintain this information.
• Metric 1a6 - Number of Minors Subject to Formal Enforcement: TCEQ does not capture or maintain this information.
• Metric 1b1 - Number of Active NSPS (40 CFR Part 60) Facilities: This permitting criteria does not currently flow into ICIS-Air.
• Metric 1b2 - Number of Active NESHAP (40 CFR Part 61) Facilities: This permitting criteria does not currently flow into ICIS-Air.
• Metric 1b3 - Number of Active 40 CFR Part 63 Facilities: This permitting criteria does not currently flow into ICIS-Air.
• Metric 1b4 - Number of Active Title V Facilities: The transition from AFS to ICIS-Air resulted in all Title V facilities to appear in ECHO, regardless of the FY15 permit status. The facility list in ECHO is not representative of the Title V facilities with an active permit during FY15. TCEQ Records indicate there were 1417 active Title V facilities in FY15.
• Metric 1c1 - Number of Facilities with an FCE (Facility Count): TCEQ Records indicate 737 facilities received an FCE during FY15. The constraints of ICIS-Air do not allow TCEQ to accurately represent we have met our approved alternative CMS.
• Metric 1c2 - Number of FCEs (Activity Count): TCEQ Records indicate 756 FCEs were conducted during FY15. The constraints of ICIS-Air do not allow TCEQ to accurately represent we have met our approved alternative CMS.
• Metric 1d1 - Number of Facilities with an FRV Identified (Facility Count): TCEQ does not capture or maintain this information.
• Metric 1d2 - Number of Case Files with an FRV Identified (Activity Count): TCEQ does not capture or maintain this information.
• Metric 1e1 - Number of Informal Enforcement Actions (Activity Count): TCEQ Records indicate the number of informal enforcement actions for Title V facilities during FY15 was 278. All ICIS-Air data elements were not finalized at the time TCEQ began ICIS-Air mapping. TCEQ continues to enhance upload capabilities to ensure this information is captured.
• Metric 1e2 - Number of Facilities with an Informal Enforcement Action (Facility Count): TCEQ Records indicate the number of Title V facilities which received informal enforcement actions during FY15 was 176. All ICIS-Air data elements were not finalized at the time TCEQ began ICIS-Air mapping. TCEQ continues to enhance upload capabilities to ensure this information is captured.
• Metric 1f1 - Number of Case Files with an HPV Identified (Activity Count): All ICIS-Air data elements were not finalized at the time TCEQ began ICIS-Air mapping. TCEQ continues to enhance upload capabilities to ensure this information is captured.
• Metric 1f2 - Number of Facilities with an HPV Identified (Facility Count): All ICIS-Air data elements were not finalized at the time TCEQ began ICIS-Air mapping. TCEQ continues to enhance upload capabilities to ensure this information is captured.
• Metric 1g1 - Number of Formal Enforcement Actions (Activity Count): All ICIS-Air data elements were not finalized at the time TCEQ began ICIS-Air mapping. TCEQ continues to enhance upload capabilities to ensure this information is captured.
• Metric 1g2 - Number of Facilities with a Formal Enforcement Action (Facility Count): All ICIS-Air data elements were not finalized at the time TCEQ began ICIS-Air mapping. TCEQ continues to enhance upload capabilities to ensure this information is captured.
• Metric 1h1 - Total Amount of Assessed Penalties: All ICIS-Air data elements were not finalized at the time TCEQ began ICIS-Air mapping. TCEQ continues to enhance upload capabilities to ensure this information is captured.
• Metric 1h2 - Number of Formal Enforcement Actions with an Assessed Penalty: All ICIS-Air data elements were not finalized at the time TCEQ began ICIS-Air mapping. TCEQ continues to enhance upload capabilities to ensure this information is captured.
• Metric 1i1 - Number of Stack Tests with Passing Results: In accordance with TCEQs ICIS-Air development project, we are continuing to improve functionality. TCEQ confirms a minimum of 688 stack tests have been conducted with passing results. Multiple tests were conducted at facilities when necessary.
• Metric 1i2 - Number of Stack Tests with Failing Results: In accordance with TCEQs ICIS-Air development project, we are continuing to improve functionality.
• Metric 1i3 - Number of Stack Tests with Pending Results: TCEQ does not capture or maintain this information.
• Metric 1i4 - Number of Stack Tests with Incomplete or N/A Results: TCEQ does not capture or maintain this information.
• Metric 1i5 - Number of Stack Tests Observed and Reviewed: In accordance with TCEQs ICIS-Air development project, we are continuing to improve functionality. TCEQ confirms a minimum of 690 stack tests have been conducted. Multiple tests were conducted at facilities when necessary.
• Metric 1i6 - Number of Stack Tests Reviewed Only: TCEQ continues to enhance upload capabilities to ensure this information is captured.
• Metric 1k1 - Number of Facilities with an Unresolved HPV (Facility Count): All ICIS-Air data elements were not finalized at the time TCEQ began ICIS-Air mapping. TCEQ continues to enhance upload capabilities to ensure this information is captured.
• Metric 1k2 - Number of Addressed but Unresolved Case Files with HPVs (Activity Count): All ICIS-Air data elements were not finalized at the time TCEQ began ICIS-Air mapping. TCEQ continues to enhance upload capabilities to ensure this information is captured.
• Metric 1k3 - Number of Unaddressed Case Files with HPVs (Activity Count): All ICIS-Air data elements were not finalized at the time TCEQ began ICIS-Air mapping. TCEQ continues to enhance upload capabilities to ensure this information is captured.

Based on a query of our database as of 1/11/2016, TCEQ counts 1365 active LQGs. The difference between TCEQ’s amounts and EPA’s amounts are due to continuing data clean ups, status differences (active or inactive), size differences, and changes to the site notifications. 157 sites that are incorrect were noted in 2013’s verification. We continue to work with Region 6 to clean up the data as we are able. Based on a query of our database as of 1/11/2016, TCEQ counts 1931 active SQGs. The difference may be due to continuing data clean ups, status differences (active or inactive), size differences, and changes to the site notifications. We continue to work with Region 6 to clean up the data as we are able. TCEQ does not track all CESQGs, and therefore cannot verify the amount of all other active sites. Based on 2013 Biennial Reporting, TCEQ shows that there were 1495 BR LQGs.

• 1b1 - Number of sites inspected 7/ 511 / 818 not a CMS goal metric Sites that were inspected via a record review type inspection only are not reflected in ECHO because ECHO does not reflect record review inspections. Sites without EPA IDs that were inspected are not reflected in ECHO or RCRAInfo because ECHO and RCRAInfo do not reflect inspections that are conducted at sites that do not have EPA IDs. An EPA ID is required for an inspection to upload from TCEQs data system to RCRAInfo; however, conditionally exempt small quantity generators are not required to obtain EPA IDs. Also, some industrial and hazardous waste complaint investigations were conducted at sites that do not have EPA IDs. During federal fiscal year FY15, TCEQ conducted RCRA inspections at 818 sites.
• 1b2 - Number of inspections 7/ 585/ 1210 not a CMS goal metric ECHO does not reflect record review inspections. Sites without EPA IDs that were inspected are not reflected in ECHO or RCRAInfo because ECHO and RCRAInfo do not reflect inspections that are conducted at sites that do not have EPA IDs. An EPA ID is required for an inspection to upload from TCEQs data system to RCRAInfo; however, conditionally exempt small quantity generators are not required to obtain EPA IDs. Also, some industrial and hazardous waste complaints are conducted at that do not have EPA IDs. During federal fiscal year FY15, TCEQ conducted 1210 RCRA inspections.
• 1c1 - Number of sites with new violations during review year 8/ 309 /222 not a CMS goal metric TCEQ data indicates that 222 regulated entities had violations that were not associated to investigations prior to federal fiscal year 2015. Issues with TCEQ data uploading into RCRAInfo have resulted in inaccurate data. As a result, additional research is needed to address upload issues to accurately report data for this metric in ECHO.
• 1c2 - Number of sites in violation at any time during the review year regardless of determination date 81/ 506/ 1321 not a CMS goal metric The number of sites that ECHO reports as in violation at any time during the review year regardless of determination date appears inaccurate. TCEQ is researching the cause of this data discrepancy that may be a result of uploading issues with RCRAInfo. TCEQs data system reports that 1321 regulated entities were in violation during federal fiscal year FY15, regardless of the determination date.
• 1d1 - Number of sites with informal enforcement actions 0/ 265/ 348 not a CMS goal metric TCEQs data system reports 348 notices of violation in federal fiscal year FY15. Discrepancies between what ECHO and TCEQs data system reports may be due to differences in the types of informal enforcement actions reported for this metric. TCEQ is researching the cause of this data discrepancy that may be a result of uploading issues with RCRAInfo.
• 1d2 - Number of informal enforcement actions 0/ 301/ 301 not a CMS goal metric Confirmed.
• 1e1 - Number of sites with new SNC during year 0/ 10/ 20 not a CMS goal metric Further investigation is needed to determine inconsistencies. Some data inaccuracies could be related to current issues with TCEQs compliance and enforcement data system uploads into RCRAInfo.
• 1e2 - Number of sites in SNC regardless of determination date 48/ 8/ 57 not a CMS goal metric Further investigation is needed to determine inconsistencies. Some data inaccuracies could be related to current issues with TCEQs compliance and enforcement data system uploads into RCRAInfo.
• 1f1 - Number of sites with formal enforcement actions. RCRAInfo: 49. Report lists only 47. CCEDS: 107 Includes facilities not required to obtain EPA IDs and are not uploaded to RCRAInfo. Also includes data not uploaded to RCRAInfo due to technical issues with our transition to XML files.
• 1f2 - Number of formal enforcement actions. RCRAInfo 53: Report lists only 51. CCEDS: 89 Includes actions for facilities not required to obtain EPA IDs and are not uploaded to RCRAInfo. Also includes data not uploaded to RCRAInfo due to technical issues with our transition to XML files.
• 1g - Total dollar amount of final penalties. RCRAInfo: $3,365,976. CCEDS: $25,483,944. The difference in the penalty amounts is due to the fact that some facilities are not required to obtain EPA IDs and are not uploaded to RCRAInfo. Also includes data not uploaded to RCRAInfo due to technical issues with our transition to XML files.
• 1h - Number of final formal actions with penalty in last 1 FY. RCRAInfo: 24. CCEDS: 44. Includes final formal actions for facilities not required to obtain EPA IDs. Also includes data not uploaded to RCRAInfo due to technical issues with our transition to XML files.

• 1a1 - Incorrect/Deficiency: 702 Active NPDES Majors with Individual Permits. EPA's count included expired and terminated permits. TCEQs numbers were generated as of 01/14/16. Due to the time lag of when the EPA lists are generated, TCEQ has since terminated, expired, and added permits.
• 1a2 - Verified/Confirmed
• 1a3 - Incorrect/Deficiency: 2129 Active NPDES Non-Majors with Individual Permits. EPA's count included expired and terminated permits. TCEQs numbers were generated as of 01/14/16. Due to the time lag of when the EPA lists are generated, TCEQ has since terminated, expired, and added permits.
• 1a4 - Incorrect/Deficiency: 1793 Active NPDES Non-Majors with General Permits. EPA's count included expired and terminated permits. TCEQs numbers were generated as of 01/14/16. Due to the time lag of when the EPA lists are generated, TCEQ has since terminated, expired, and added permits. Additionally, 8 of the TXRs/TXUs belonged to EPA Region 6.
• 1b3 - Verified/Confirmed
• 1e1 - Verified/Confirmed
• 1e2 - Verified/Confirmed
• 1f1 - Verified/Confirmed
• 1f2 - Incorrect/Deficiency: 158 State Formal Enforcement Actions were effective in Federal Fiscal Year 2015. TX0053562 actually had 2 effective Agreed Orders.
• 1g1 - Incorrect/Deficiency: 158 State Formal Enforcement Actions with Penalties were effective in Federal Fiscal Year 2015. TX0053562 actually had 2 effective Agreed Orders.
• 1g2 - Incorrect/Deficiency: Total assessed penalties for State Formal Enforcement Actions in Federal Fiscal Year 2015 was $2,448,536. TX0053562s 2nd Agreed Order had an assessed penalty of $9188 which was not included in the ECHO metrics.
• 2a1 - Verified/Confirmed
• 7a1 - Incorrect/Deficiency: Total number of Major Facilities with Single Event Violations is 446. TCEQ currently transmits Single Event Violations through a state to federal database exchange. However, TCEQ is working on maintaining all SSO data electronically. TCEQ is currently researching the source of the variance and will correct accordingly.
• 7a2 - Incorrect/Deficiency: Total number of Minor Facilities with Single Event Violations is 845. TCEQ currently transmits Single Event Violations through a state to federal database exchange. However, TCEQ is working on maintaining all SSO data electronically. TCEQ is currently researching the source of the variance and will correct accordingly.
• 7b1 - Verified/Confirmed
• 7c1 - Verified/Confirmed
• 7f1 - Verified/Confirmed
• 7g1 - Verified/Confirmed
• 8a1 - Verified/Confirmed

Program Specialists completed the data verification in Region 6 / EPA.