United States Environmental Protection Agency Region X Compliance Assurance Program Responsibility and Procedure Manual ------- TABLE OF CONTENTS Page Glossary of Acronyms . i-ii Introduction 1 Summary of the Compliance Assurance Program 2 Responsibilities Water Programs 4 •Mr Programs 4 Surveillance and Analysis Division 6 Enforcement Division 8 Management Division * 12 Appendix A: Water Enforcement priorities Appendix B: Air Enforcement priorities Appendix C: Materials Relating to Compliance of Federal Facilities Appendix D: Flow Chart - Air Compliance Appendix E: Flow Chart - Water Compliance ------- i GLOSSARY OF ACRONYMS AHMD Air and Hazardous Materials Division, Region X ACES Air Compliance Evaluation Section, Enforcement Branch ADP Automated Data Processing AOO Alaska Operations Office CAP Compliance Assurance Program CDS Compliance Data System (Air compliance schedule tracking system) Enforcement Division, Region X DEC State of Alaska Department of Environmental Conservation DEQ State of Oregon Department of Environmental Quality DMR Discharge Monitoring Report DOE State of Washington Department of Ecology DRA Deputy Regional Administrator, Region X DSB Data Systems Branch EB Enforcement Branch EPA United States Environmental Protection Agency ESD State of Idaho Department of Health and Welfare, Environmental Services Division 100 Idaho Operations Office NEDS National Emissions Data System NPDES National Pollutant Discharge Elimination System O&M Operation and Maintenance » 000 Oregon Operations Office PAA Priority Abatement Area ------- ii RA Regional Administrator, Region X SAD Surveillance, and Analysis Division, Region X SIP State Implementation Plan WCES Water Compliance Evaluation Section, WCPB WCPB Water Compliance & Permits Branch WOO Washington Operations Office ------- INTRODUCTION The purpose of this document is to set forth the internal responsibilities and procedures for Region X in carrying out the Compliance Assurance Program (CAP). This manual is designed to be read in conjunction with the individual Region X-State CAP agreements. These agreements are available from the Enforcement Branch. Compliance Assurance is the name given to those regulatory activities undertaken by EPA-State-Local agencies to ensure that sources comply with permit conditions, compliance schedules, and emission limitations. The CAP is a means to the end of attaining air and water quality standards that are set by Congress. There is an underlying assumption throughout the CAP. That assumption is that a regulatory presence will help motivate sources to voluntarily comply with permits and schedules. A regulatory presence presumes that environmental agencies are concerned about compliance, that they have the means to determine compliance or noncompliance, and that they will take measures to deal with non- compliance. The level of effort and resources expended by a source in attaining compliance is partly dependent on the perception of this regulatory presence. Region X's role in attaining the desired regulatory presence will depend on a concerted effort by nearly every unit within Region X in conscientiously carrying out their assigned responsibilities. The credibility of Region X with the State and Local agencies is at stake 1n that we cannot expect State and Local agencies to give their full effort to this program if Region X does not live up to its agreements and commitments. Region X must put forth a cooperative, inter-Divisional effort toward that end. A brief summary of the CAP is followed by the responsibilities assigned to each Division, Branch, and Section. ------- Summary of the Compliance Assurance Program Conceptually, there are four separate but interrelated elements to the Region X CAP. The elements are: (1) inspections (2) tracking (3) enforcement and (4) evaluation. These elements are separated for the sake of presentation and simplification only. Compliance assurance is possible only when the conceptual elements are integrated' in a cooperative fashion. Below is a brief summary of the four elements that make up the CAP: 1. INSPECTIONS For both air and water there will be a vigorous inspection program designed to demonstrate a regulatory presence, determine the credibility of self-monitoring reports, determine compliance status, maintain compliance, and locate violators. Each State has agreed to priorities, definitions, and schedules of inspections. The bulk of the inspections will be performed by State and Local agencies. Region X's role in the inspection program is primarily to maintain a quality control function on the State and Local inspections through joint inspections (with written evaluations) and analysis of a percentage of final compliance verifications. In addition, Region X coordinates a water laboratory quality assurance program. State and Local agencies are expected to report the sources (by name) that have been inspected, and the type of inspection performed. Operations Office and SAD will assist the States when necessary to achieve minimum inspection coverage. 2. TRACKING Tracking is the general term for the process and procedures involved in reporting, recordkeeping, updating, annotating, reviewing, and auditing information concerning compliance status. Tracking is possible only through a mutual Federal-State-Local exchange of information which enables Region X to identify sources, permit stipulations, compliance schedules, violations, compliance status, and enforcement status. All NPDES Permits, Discharge Monitoring Reports, and significant air sources will be tracked. Forecast reports (future actions due) and discrepancy reports (overdue actions) will be prepared, distributed, annotated and returned on a 30 day cycle. 3. ENFORCEMENT Enforcement is defined as any formal action taken to force compliance, penalize violators, or secure information when voluntary compliance fails. ------- The basic premise of the enforcement program is that all violations will receive some response or corrective action of some type. Agreements have been reached with each State that specify the time frame (generally 30-90 days) within which State or Local action must be taken to resolve discrepancies. Unresolved discrepancies become candidates for Federal enforcement action. Formal Federal enforcement actions short of referrals to the U.S. Attorney will be taken on a routine basis by the Enforcement Division after review by Air and Water Division. The Regional Administrator will recieve periodic briefings on the status of routine administrative enforcement actions. However, proposed Federal litigation referrals to the U.S. Attorney are put through a vigorous screening process before final action is taken. First, enforcement recommendations are made by the Operations Offices if the violation is not resolved by other means in a timely fashion. Violations that prove insoluble by Operations Offices on a timely basis will be subject to action initiated by the Enforcement Branch. The enforcement mechanism employed in response to the Operations Office recommendation will be determined by the Enforcement Branch. Second, when its resources are strained, the Enforcement Branch will prioritize and select enforcement actions on criteria established by the Air Programs and Water Programs Divisions. Third, during the evidence gathering process, direct contact (with Operations Office cognizance) with State and Local agencies will take place to obtain factual and historical records. If information is gathered that provides additional mitigating circumstances, or, if State or Local action takes place in the interim, the Federal action may be deferred. Fourth, before litigation and referral to the U.S. Attorney for litigation is pursued, the case and facts will be discussed before the Regional Policy Group. Finally, the Regional Administrator retains authority over both the overall enforcement strategy, specific cases, and referrals to the U.S. Attorney. These agreements and strategies are designed to maintain State and Local enforcement preogatives (where applicable), insure accomplishment of the Air and Water strategies, meet Region X's regulatory responsibilities, and ensure firm but reasonable enforcement when it becomes necessary. 4. EVALUATION Evaluation is the built-in mechanism to provide for ongoing review of the CAP. The complex policies, agreements, and procedures will undoubtedly require modification as the program matures and unforseen events occur. To facilitate this evaluation, Region X and the States will meet periodically to discuss general and specific matters relating to the CAP. Internally, questions regarding the responsibilities of the various participants will be evaluated and resolved by the RA/DRA and/or the Policy Group. ------- RESPONSIBILITIES A. Water Programs 1. Develop (and periodically review and revise as necessary) an enforcement priority strategy that is consistent with the overall water strategy. This list of priority criteria is to be applied by the WCPB in selecting enforcement cases when Branch resources are overtaxed. This list of priority cirteria is attached as Appendix A. 2. Assist WCPB Branch Chief in interpreting and applying the priority criteria. 3. Receive and evaluate copies of the monthly annotated discrepancy report. Municipal schedule violations and proposal enforcement actions will be evaluated by the Grants operations Section for possible construction Grant implications and recommendations. Prospective 309 order candidates will be noted on the discrepancy report by the WCPB. If no comments are received on the prospective enforcement cases within 5 working days after receipt, WCPB may take that enforcement action without further notice. 4. Receive and evaluate monthly copy of the Enforcement Action Data System (EADS) printout showing new and closed water enforcement actions. 5. Negotiate and update the list of principal sources in each state. 6, O&M Section receives municipal DMR's reviewed and flagged by Sad. O&M Section evaluates cause of problem and recommends appropriate follow-up action (O&M inspection, operator training, etc.). DMR's recommendations are returned to WCES within 15 days. B. Air and Hazardous Materials Division 1. Develop (and periodically review and revise as necessary) an enforcement priority strategy. This list of priority criteria is to be applied by the Enforcement Branch in selecting enforcement cases when Branch resources are overtaxed. This list of priority criteria is attached as Appendix B. 2. Assist Enforcement Branch Chief in interpreting and applying the priroity criteria. ------- 3. Receive and evaluate copies of the monthly annotated discrepancy report. Prospective 113 order candidates will be noted on the discrepancy report by the EB. If no comments are received on the prospective enforcement cases within 5 working days after receipt, EB may take that enforcement action without further notice. 4. Receive and evaluate monthly copy of the Enforcement Action Data System (EADS) printout showing new and closed . air enforcement actions. 5. Negotiate and update the significant source list. 6. Coordinate with States to insure that the semi-annual report does not duplicate the compliance information already reported in the forecast/discrepancy report system. ------- C. Surveillance and Analysis Division 1. Water Medium a. Inspections (1) Provide General technical support to WCPB in water compliance matters. (2) Conduct joint inspections with State agency personnel on approximately 10% of the principal dischargers. Prepare written evaluations of the joint inspections. It is SAD's responsi- bility to meet the State agency's schedule once reasonable notice has been given. Note: All SAD activities in States are to be coordinated through the Operations Office Directors. All requests and responses relating to support requests on compliance matters are to be directed through WCES. This procedure is designed to keep WCES and WCPB apprised of all matters affecting the compliance status of sources. (3) Conduct case preparation surveys at request of Enforcement Branch. Arranges for additional technical support when necessary. (4) Assist States in attaining inspection output commitments as requested. (5) Monitor progress of States in meeting their inspection schedule. (6) Assist in negotiating principal source list. (7) Conduct (or assist Operations Offices in conducting) inspections of Federal facilities. (8) Evaluate analytical techniques and procedures for deviations from the permit specified sample compositing requirement. (9) Compare EPA inspection sampling reports with DMR's as a check on self-monitoring data. (10) Coordinate regional laboratory quality assurance program. ------- b. Tracking (1) Review all DMR's from principal sources and a , percentage of noa-principal DMR's. Compare the DMR with the permit stipulations and note errors or violations on the DMR. Non-municipal DMR's are forwarded to WCES for filing or follow-up by States/Operations Offices. Violations/errors of municipal DMR's are forwarded to O&M Section for recommendation, then' to WCES. DMR's should be reviewed and returned to WCES within 15 days. (2) Alaska and Idaho Only: Prepare a computerized print-out showing all permitted sources in the States, DMR's due, and inspection check-off blanks. This print-out is to be prepared by district in Idaho. The print-out is prepared monthly and is forwarded to the States with the forecast reports. c. Enforcement (1) Conduct case preparations surveys as requested by EB. d. Evaluation (1) Attend State Evaluations and be prepared to assess the States' inspection program. 2. Air Medium a. Inspections (1) Conduct joint inspections with State and Local agencies as an audit on routine compliance inspections. (2) Audit 10% of all final compliance verifications through observation or evaluation of test results performed by State and/or Local agencies. It is SAD's responsibility to meet the State and Local agency's schedule once reasonable notice has been given. ------- 8 Note: All SAD activities in States are to be coordinated through the Operations Office Directors. All requests and responses relating to compliance support are to be directed through ACES. This procedure is designed to keep ACES and EB apprised of all matters affecting compliance status of sources. (3) Assist States and Local agencies in attaining inspection output commitments on request. (4) Monitor progress of State and Local agencies in meeting their inspection schedule. (5) Assist in negotiating and updating significant source list. (6) Conduct (or assist Operations Offices in conducting) inspections of Federal facilities. b. Enforcement (1) Conduct case preparation surveys at request of EB. c. Evaluation (1) Attend the State evaluations and be prepared to assess the States' inspection program. D. Enforcement Division 1. Division Director a. Assume overall responsibility for the success of the CAP. Assure that all NPDES permits and air- compliance schedules are in compliance or that some remedial action is being taken for those out of compliance. b. Supervise the preparation of recommendations for referrals to the U.S. Attorney on non-administrative enforcement actions. 2. Enforcement Branch a. Branch Chief (1) Provides administrative control and overall management of regional enforcement program. ------- (2) Provides program direction and operational control of air pollution stationary source control activities performed in operations offices. (3) Recommends to headquarters of performs, as appropriate, civil administrative corrective actions to achieve enforcement objectives. Coordinates appropriate support by the operating programs to determine the effectiveness of the corrective action and the need to schedule additional action. (4) Coordinates Federal facility enforcement program. b. Air Compliance Evaluation Section (ACES) (1) Act as information center for all air compliance monitoring activities. Track all sources, with goal of rapidly determining compliance status of all sources. (2) Prepare monthly forecast and discrepancy reports. (3) Input'and maintain CDS and EADS systems. (4) Advise Branch Chief of unresolved discrepancies. (5) Advise Branch Chief if forecast and discrepancy reports are not returned by States/Operations Offices within 30 days. (6) Receive and forward requests for field invest- igations support. (7) Ensure that copies of the monthly EADS printouts and the monthly annotated discrepancy reports (with proposed air enforcement actions) are forwarded to the Air and Hazardous Materials Division Directors and Operations Offices for the final 5 day review. (8) Prepare pre-enforcement case files for referral to the Legal Support Section and subsequent enforcement action. ------- 10 c. Air Technical Compliance Section (ATCS) (1) Provides technical support to enforcement case development in air. Provides technical input to the development of air compliance schedules. Provides coordination and support to air compliance personnel in Operations Offices. Provides specific direction to Surveillance and Analysis Division related to the performance of compliance survey and inspection of air pollution sources. Recommends air pollution control measures to be sought as a result of enforcement actions. Performs air pollution stationary source inspections as required in cooperation with Surveillance and Analysis Division. Assists Air Compliance Evaluation Section in interpretation of compliance data received from state and local authorities. d. Legal Support Section (LSS) (1) Verifies information and evidence supporting violations reported and recommends administrative and/or judicial enforcement measures available, and appropriate for the specific case in response to enforcement requests. Prepares operative notices and pleadings with action memoranda to implement selected action. Serves as Regional contact for responding violators, prosecutes EPA's case at any hearings involved, and follows- up compliance review for orders issued. (2) Prepares referral dossiers and draft pleadings on cases referred to U.S. Attorneys for judicial relief, assists in the legal research and evidentiary preparation of referred actions, and serves as liaison for investigative support for referred actions. (3) Represents the Regional Office in administrative hearings (adjudicatory and civil penalties) and assists on request at Court hearings. (4) Negotiates agreements as required for settlement of Agency administrative or judicial enforcement proceedings. (5) Reviews and evaluates the enforceability of permits, compliance schedules, standards and implementation plans. Provides general legal support on request by operating programs. ------- 11 (6) Coordinates technical assistance needs with ATCS and WTCS. 3. Water Compliance and Permits Branch (WCPB) a. Branch Chief (1) Provides overall policy, administrative control and management of the Regional Water Compliance and NPDES Permits Program. Directs the technical and administrative preparation and technical justification and support for direct enforcement actions, adjudicatory hearings, and other related water activities. Serves as the focus for Regional activities in all cases of water permit noncompliance. Issues all permits under EPA jurisdiction. Provides direction and obtains support from Surveillance & Analysis Division in support of water compliance and permit programs. Refers enforcement actions% (with supporting material) to LSS. b. Water Compliance Evaluation Section (WCES) (1) Acts as information center for all water compliance monitoring activities. Tracks all sources with goal of rapidly determining compliance status of all sources. (2) Prepares monthly forecast and discrepancy reports. (3) Inputs and maintains ADP systems. (4) Advises Branch Chief of unresolved discrepancies. (5) Advises Branch Chief if forecast and discrepancy reports are not returned by States/Operations Offices within 30 days. (6) Receives and forwards requests for field investigation support. (7) Ensures that copies of the monthly annotated discrepancy Reports (with proposed water enforcement actions) are forwarded to the Water Division and the appropriate Operations Office for the final 5 day review. ------- 12 (8) Assists Water Technical Compliance Section in preparation of enforcement recommendations to the Enforcement Branch. c. Water Technical Compliance Section (WTCS) (1) Provides appropriate technical review of all industrial, municipal, and agricultural permits. Provides technical policy guidance to the States and Operations Offices on effluent limitations and other technical requirements of NPDES permits. Responsible for technical and engineering preparation of potential enforcement actions identified through the water compliance evalu- ation system. Provides the cadre of technical experts for initiation and defense of enforcement action, adjudicatory hearing procedures, and the permit issuance and/or modification process. E. Management Division 1. Data Systems Branch a. Provide ADP support to Air and Water compliance Evaluation Sections. b. Assist in developing new ADP systems or revising existing systems at request of ACES or WCES. ------- APPENDIX A (Water compliance assurance priority criteria.) ------- APPENDIX B (Air compliance assurance priority criteria.) ------- UNITED STATES ENVIRONMENTAL PROTECTION AGENCY SUBJECT: Compliance Assurance Stra FROM: TO: Gary D. Young, Chief Air Programs Branch See Below DATE: OCT 2 9 1974 The objectives of the compliance assurance program are (1) to ensure stationary sources out of compliance with applicable SIP requirements are placed on a compliance schedule and/or are meeting the requirements of their schedule and (2) to ensure sources remain in compliance which have been certified to be so. These objectives can be fulfilled by initiating and implementing an ongoing compliance assurance program which will consist of a proper balance of (!) source evaluations, (2) compliance schedule development and (3) enforcement actions. The Compliance Monitoring System should be the mechanism to track the implementation or need for implementation of these three elements. The priorities for implementing any of the three elements should be in the following order: [1) geographical location (PAA or non-PAA) 2) source size (as potential emission contribution) (3) source category (magnitude of total emission contribution) Attachment A lists the geographical priorities, first in order by State and second in order region-wide. The source size should be measured as (1) > 1000 tons per year of S02 and/or particulate matter as potential emissions; (2) >. 100 < 1000 tons per year of S0£ and/or particulate matter as potential emissions; and (3) >_ 25 < 100 tons per year S02 and/or particulate matter as potential emissions from sources in PAA's. Attachment B lists thirteen basic source categories which I feel are in a relative order of importance in Region X by reason of the total emission impact of the source on a given area or areas within the Region. The initial list of sources, by which the elements of the compliance assurance program should be implemented, should be constructed by the first two priority categories, i.e. geographical location and source size. For example, for a State one would list by PAA the names of sources (not points) in descending order, starting with the largest,by total S02 and particulate matter potential emissions until the potential emissions are less than 25 tons per year. Such a list has been or will be generated by Gus Pan*Tier from NEDS data and is either attached or will be sent to you soon. To this list you should add the obvious omissions, i.e. sources in the categories listed in Attachment B. EPA Form 1320-6 (Rny. 6-7?) ------- I would hope that by November 12, the date of the monthly Division/Office/ Branch staff meeting, I would have in my posession, the basic source lists referred to above. I am confident I will have such lists for Idaho and Alaska. I would hope that we would also have lists for Oregon and Washington or at least know the scope and magnitudes of the omissions. Attachments Addressees: Norm Edmisten, Oregon Operations Office Steve Provant, Alaska Operations Office Rick Walters, Idaho Operations Office Rick White, Washington Operations Office r^M; A Anderson B. Eusebio D. Shur 0. Underwood ------- Attachment A PRIORITIES Type I PAA's (by County/Borough) ORDER BY STATE . ORDER IN REGION ALASKA IDAHO 1. Fairbanks 4 2. Anchorage 10 1. Bannock 7 Power 2. Ada 9 OREGON 1. Multnomah 2 Washington Clackamas Columbia 2. Lane 5 3. Jackson 6 4. Marion 8 Polk 5. Linn 11 WASHINGTON 1. King 1 Pierce Snohomish 2. Clark 2 Cowli tz 3. Spokane 3 ------- Attachment B STATIONARY SOURCE CATEGORIES 1 - Non-ferrous smelters 2 - Kraft pulp mills 3 - Sulfite pulp mills 4 - Aluminum plants 5 - Power plants £/ 6 - Oil refineries 7 -• Chemical plants 3/ 8 - Ferrous foundries 9 - Lumber mills =* 10 - Asphalt batch plants . 11 - Power boilers -f 12 - Grain and Seed handling 13 - Sand and gravel £/ 14 - Other a/ - includes fertilizer plants, chlor-alkalai, phosphorous plants, cement plants, sugar refining b/ - small fossil-fuel or wood-fired boilers which are not part of another type source listed c/ - includes gas-turbines d/ - Includes plywood plants, hardboard plants, particleboard e/ - includes concrete batch plants ------- APPENDIX C (Materials relating to the compliance of Federal facilities.) ------- l 1 UNITED STATES ENVIRONMENTAL PROTECTION AGENCY SUPJJECT: Federal Facilities Cor.ipliancc With • Environmental Statutes and Regulations FROM: John R. Quarlcs, Jr. • Deputy Administrator : Nov. 20, 1973 TO: /s/ John Quarles All Regional Administrators I have been pleased to note the aggressive action taken by most regions in assuring thut emissions from Federal facilities arc covered by appropriate NhuES pennits and/or air compliance schedules. I would like to encourage continued pressure in this area so that v;c con inform the Office of Management and Budget that all Federal facilities are complying with environmental statutes and regulations and f'lat the dollars allotted to Federal agencies for pollution abatement and prevention projects arc being spent in order to meet established time- tables. Let me clearly state the EPA compliance strategy for Federal facilities--it is quite simple: 0 Require Federal facilities to apply for the appropriate EPA issued NTDHS permits under Section 402 of the FlvPCA and provide information to State Air Quality Control Boards in order to determine compliance with State Air Implementation Plans. If a Federal facility is not in compliance with State air regulations, the facility should negotiate a compliance schedule with the State Air Control Board. 0 In situations where the Federal installations cannot resolve their problems with the appropriate State authorities, the F.PA Regional Office will attempt to mediate the situation between them. If this ir.--diati.on fails and/or the Federal facility f.-iils to cooperate or comply, I fc^l we should encourage the use of the administrative procedure of the ' Executive Branch to bring Federal facilities into compliance by proceeding in the following manner: • 0 7»ie Regional Af?.'iiinistrator should jna/cc certain that all possible local channels have been exhausted. If the problem still exists then, 0 The Regional Administrator will notify the Director, Office of Federal Activities, who will surface the problem and attempt resolution with the ''.'ashington office of the parent agency. If this fails, SEP 4 1S74 r?.«. r-,,,-. uvr.i {-.». £-72) ElJFOnCuMn'IT BL'^ -. REGICH X ------- 0 The Deputy Administrator will refer the matter directly to the Office of Management and Budget. A revised Executive Order underscoring this strategy is imminent,. and the Office of Federal Activities will shortly be seeking the ideas and assistance of your region in designing the procedures to implement tliis Order. I expect us lo pursue, in a much'more rapid and effective manner than lias been the case in the past, the opportunity we now have to bring issues to the attention of the Federal agency heads and_OMB for resolution and appropriate action. « In general, I am very pleased with the progress we are now making in getting Federal facilities into compliance. ------- DRAFT AIR COMPLIANCE STRATEGY - FEDERAL AGENCIES On December 17, 1973, Executive Order 11752 was signed by the President. This order reaffirmed the responsibilities of Federal agencies to comply with approved SIP and Federal standards for the .control of air pollution to the same extent as any other person and made EPA responsible for coordinating a Federal strategy to achieve compliance. In addition to requiring Federal agencies to comply with substantive standards and substantive limitations, the Executive Order excepted Federal agencies from requirements to comply with administra- tive procedures respecting the abatement and control of air pollution. A Federal strategy for achieving compliance with standards is, there- fore, hinged upon the definition of these three terms. Each is defined as follows: Substantive Standards - mean Federal agencies must comply with all of the following requirements in either Federally promulgated control regulations or EPA approved State implementation plan control regulations for both existing and new sources: 1. Effective dates of all emission standards and interim requirements 2. Requirements for the reporting of achievement of the following increments of progress to the applicable control agency: - date of completion of design and engineering plans ------- - date of initiation of construction of abatement equipment or initiation of moditications of process designed to abate pollutants - completion of construction of abatement equipment or process modification - date by which final compliance will be achieved 3. Requirements respecting the right of inspection, monitor- ing and entry to determine compliance status as well as those requiring recordkeeping to document continued compliance. 4. Requirements requiring the reporting of information necessary to determine compliance status. Substantive Limitations - Federal agencies are required to comply with all emission reduction standards applicable to both new and existing facilities which are part of either Federally promulgated regulation of EPA approved state implementation plan. These .limitations may be expressed in terms of opacity, mass emission ;rate, concentration, operating practice, control device specifica- tions, sulfur limits in fuels, etc. Administrative Procedures - Consistent with the principle of Federal supremacy embodied in the constitution Federal agencies are not required to comply with administrative procedures in control regula- tions which bar the agency from achieving its function. Procedures Included in this category are: ------- 3 1. Application for operating permits which, when revoked, require the facility to cease operation, 2. Certification of operators of the control equipment or plant processes, and 3. Rendering of administrative fees for the processing of permit applications. Progress that thas been made by Federal agencies to bring their facilities into compliance with the emission standards pursuant to the Clean Air Act amendments of 1970 have been obscured by a reluctance to deal with the large variety of State and local regulations and by the concern that compliance with the administrative procedures of the State and local agencies would be Constitutionally invalid, Implementation of the following strategy will resolve the uncertainty concerning Federal facility compliance status by isolating noncomplying sources on the basis of the environmental priorities and provide a uniform means of accounting and reporting progress in pollution abatement while preserving the rights of the State, local agencies, and citizens under the Clean Air Act. The first focus of Federal agency, EPA, and State control agency efforts will be to demonstrate "point source" compliance (i.e. those facilities capable of emitting 100 tons per year of a single pollutant assuming no controls - it is estimated that these facilities emit 85* of all pollutants from stationary facilities in U.S.). Although complete inventories of sources are not available for Federal agencies, ------- 4 It is estimated that the category of emitters will number less than 500 Installations. The second priority is nonpoint sources (which emit the remaining 15% of all pollution). Agencies are no less responsible for bringing these relatively small polluters into compliance than they are for the larger emitters. However, in order to demonstrate the Federal leadership in bringing sources into compliance within a short time remaining under the Act, the focus of efforts is directed to those facilities having a significant impact on air quality. Federal agencies presently committed to a program of abating pollution from the minor emitters should not cease their efforts while initial concentration is brought to bear on the major emitters. I. POINT SOURCES Point sources are defined as those facilities with the potential to emit more than 100 tons per year of a single pollutant. This category includes the following classes of sources: - all coal and oil fired steam electric generating plants - all coal fired heating and process related boilers with heat inputs of greater than ten million BTU's per hour - all incinerators capable of burning 10 tons or more per day of refuse - all open burning operations of agricultural of ------- 5 municipal waste capable of burning of more than 10 tons of waste per day - all open burning operations of munitions - all firefighter training schools which use open flames to simulate firefighting conditions - all nitric acid manufacturing operations - munitions manufacturing plants - all coal cleaning operations - all petroleum storage sites having capacities of two million gallons or greater - plus any other operations which an agency determines capable of emitting of more than 100 tons per year of a pollutant based on calculations from the publication "Compilation of Air Pollution Emission Factors" AP-42. In order to demonstrate and achieve compliance with applicable standards at the above installations the following steps are to be undertaken: 1. By July 1, 1974 each agency completes copies of OMB Form 158-R75 for emission points within each point source under its jurisdiction. The white copy of this form should be sent to the applicable EPA Regional Office, the green copy of the form should be sent con- currently to the applicable State control agency, and the pink copy retained for the agency files. ------- 6 2. By September 1, 1974, EPA Regional Office and State control agency personnel will complete a coordinated review of the material submitted on July 1. Additional information necessary to determine compliance status in the form of written inquiries on specific aspects of the process emissions, inspections, or requirements to perform an emission test will have been determined at this time. 3. By September 30, 1974, EPA will notify each Federal facility of the findings made by EPA and State personnel of the compliance status of the facility. In those instances v/here additional information is required by either State or EPA to make a determination of compliance status, EPA will request the needed information or require that inspection or test be performed as needed. In any case, determinations of compliance status will be made within 60 days of the receipt of information adequate to make this assessment. 4. A conference will be held between representatives of the State, EPA Regional Office and Federal agency to develop a reasonable schedule for facilities violating emission standards to come into compliance. This schedule will be embodied in a consent order issued by EPA to the facility. Increments of progress within the order will be monitored by both the State and EPA enforce- ment programs. Notification of the achievement of each ------- 7 increment of progress 1n the consent order must be mailed to both the EPA Regional Office and State enforcement pro- gram within 10 working days of the accomplishment of that increment. Progress in pollution abatement will also be reported to OMB through changes in the exhibit #1 form of the OMB A-78 circular. II. MINOR EMITTERS Minor emitters are those facilities v/hich have potential emissions of less than 100 tons per year. In order to meet the schedules steps for bringing these facilities into compliance, agencies should initiate Inventory and emission evaluation programs at the same time as they commence point source surveys. The steps taken for point sources are repeated for non-point sources with the following time schedule: 1. January 1, 1975 - Federal agencies submit survey forms to EPA and States 2. March 1, 1975 - Initial review complete, bulk of compliance determinations made (others made within 60 days of adequate information) 3. March 30, 1975 - Non-point sources notified of compliance status 4. April 30, 1975 - Violations extending beyond this date require conferences 5. July 1975 - All Federal facilities in compliance or on schedule (consent orders). ------- UNITED STATES ENVIRONMENTAL PROTECTION AGENCY 40 CFP. 76, Prevention, Control and Abatement SUBJECT: °- Air ^^"cn fror. roderal Government DATE: jflAY 2 1974 Activities: Performance Standards and Techniques of Measursmenc FROl!: AH TO: All Regional Administrators This is to infom you that the subject regulation is in. the process of being rescinded. The milestone dates for this action are: May 15, 1974 - Preparation of documentation to rescind 40 CFR 76. June 30, 1974 - Publication of the rescinding order in the Federal Register. The probable rescission of this regulation should be reflected" in your future dealings with the Federal facilities in your region. The decision to rescind 40 CFR 76 came from a working group (see attachment) convened to explore ways to eliminate the inconsistencies between 40 CFR 76 and the Clean Air Act (CAA) and E.O. 11752. Before arriving at this decision, the working group explored the options of (1) replacing the existing 40 CFR 76 substantive standards with standards and/or procedures for unique activities not clearly covered by SIP's (e.g. intermittent activities), and (2) replacing 40 CFR 75 with procedural regulations for Federal compli- ance with the substantive requirements of SIP's, particu- larly with respect to intermittent acti"\ties. It was the -unanimous opinion of the group that promulgation of new substantive standards was not needed or desirable. It was felt that any such standard setting for intermittent operations could lead to new conflicts with the CAA, S.O. 11752, and applicable SIP's. The latter option, calling for the group to generate procedural regulations, was rejected on the grounds that the E.O. 11752 working group is currently in the process of developing such air compliance guidelines. EPA For-. ;j::-4 ;?.*.. 4-721 ------- -2- We are presently preparing an action memorandum to be presented to the Steering Cormittee in mid-May and will keep you informed of the progress towards rescission Of 40 CFR 76. Sheldon Meyers Director Office of Federal Activities Attachment ------- APPENDIX D FLOW CHART—AIR COMPLIANCE ------- COMPLIANCE REPORTS TO INITIATING AGENCY BEGIN DEVELOP /APPROVE COMPLIANCE SCHOL. ADMIN EWF. U.S. ATTV AlR PROGRAMS OPS. OFFICES ACTIONS REFERRALS _A 4_ LEGAL SOP. SECTION] 5 DAY REVIEW OF ANNOTATED DISCREPANCY REPORT CASE REFERRALS I ATCS ACES SAD U.S. flTTy RGVFERAUS BRANCH PREPARE: FORECAST/ PISCRFPAKICY REPORTS SCHEDULED \NSPECT10MS "* [ LOCAL. STATE- SAD INSPECTIONS COMPLIANCE tkJSPELCHOWS UNRESOUVL'D VIOLATIONS COt\PLiAWc£ O.O. STATe" LOCAL UP DATC C DS.EADO 1 0-0. FCOERAL LOCAL, STATE, O.O. REMEDIAL ACTIOPJ.OR* t VIOLATION K/OTED STATUS. ANNOTATE* PORECAST/OISCREPANCV BE PORTS 1 KEY ACES=A1r Compliance Evaluation Section C0=0perations Office DSB=Data Systems Branch ATCS=Air Technical Compliance Section SAD=Surveillance & Analysis Division REGION ^> COMPLIANCE ASSURANCE' FLOW CHART A\R ------- APPENDIX E FLOW CHART—WATER COMPLIANCE ------- GRANTS OPERATION SECTION rAUNlCIPAU VIOLATIONS WATER PROGRAMS OPERATIOUS OFFICES BEGIN 5 DAY REVIEW OF ANNOTATED DISCREPANCY REPORT ADMIN ENF ACTIONS A SELF -»AONITOR\NG f REPORTS W.C.P,©. US-r- STATE SOURCE DEVELOP/ "APPROVE PERMIT I o.s. ATTY REFERRALS 1 CASE REFERRALS W.CE5. W.TiC.S. S.AP. ACTIONS, PERMIT PIELU iNYfsTis«Tio»»5 tl.S,AATTV RErftRAfS CASC W.C, P.B. INPUTS TO ADP STATE/SAO msp's FLAGGED MUMICJPAU UWRESOUVED VIOLATIONS J_ 1. * KE A i/»Mr.£ WCES 1 DS t UPOA1 FEDV. ENFORCEMNTT STATE/o.0. REMEDIAL, ACT\ON< OR V»OLAT»OK) NOTED O6TERWNE COMPLVAWCE KEY WCES=Water Compliance Eval. Section WTCS=Water Technical Compliance Section SAD=Surve11lance and Analysis Division 0&M=Operations and Maintenance 00=0perations Office WCPB=Water Compliance and Permits Branch COMPLIANCE ANNOTATE: FORECAST/ REPORT RE&IOM X. COMPLIANCE ASSURANCE FLOW CHART WATER ------- |