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

-------