SEPA
       ISSUE #12
                            United States
                            Environmental Protection
                            Agency
                  Office of Enforcement and
                  Compliance Assurance
                  (2261 A)
                            an environmental bulletin for federal facilities
        EPA300-N-01-011
        Fall 2001
VA's Self-Disclosure of UST Violations Results  in Significant
Waiver of Potential  Penalties and an  Innovative  Settlement
   The Department of Veterans Affairs
   (VA) and EPA have resolved multiple
 underground storage tank (UST) viola-
 tions at more than a dozen VA facilities
 that VA had self-disclosed to EPA under
 the Agency's "Audit Policy" (see related
 article below). The vast majority of the
 UST violations qualified for  complete
 penalty mitigation because VA's self-dis-
 closure for these tanks satisfied the nine
 criteria of the Audit Policy. Twelve tanks
 could  not meet  the nine  criteria and
 thus failed to qualify for such a waiver.
 Two other tanks met the criteria for
 penalty mitigation but EPA found that
 significant  cost  savings had accrued
 from the delayed compliance. VA has
 agreed to pay a  penalty of $17,578 for
 the 14 tanks. Had EPA inspected and
 discovered the violations at the  nearly
 50 UST systems that VA self-disclosed,
thereby eliminating the benefits of the
Audit Policy, the maximum penalty that
could have been assessed would have
been dramatically higher.
   At issue was VA's compliance with the
December 1998 federal tank upgrade and
closure  requirements. By  letter dated
January 22,  1999, VA self-disclosed that
approximately 50 tanks at its facilities
located in nine different states had poten-
tially violated these requirements. EPA's
review of the self-disclosure, along with
subsequent  information  VA supplied,
demonstrated that VA had self-identified,
disclosed, and corrected many of the com-
pliance  problems  in a  timely  fashon.
Accordingly,  the  vast majority of the
tanks qualified for complete penalty miti-
gation under the Audit Policy. Only  14
tanks were assessed a penalty.
   "VA self-disclosed these violations in a
manner which maximized the benefits of
the Audit Policy. Further, VA's coopera-
tion during our review of the information
demonstrates how federal facilities and
EPA can work together to achieve full
compliance and  increase protection for
human health and the environment with-
out  costly and  adversarial  litigation,"
stated Craig Hooks, Director  of EPA's
Federal Facilities Enforcement Office.
  Another innovative part of the settle-
ment was EPA's use of  a  compliance
agreement to simultaneously initiate and
conclude the enforcement action. This
approach eliminated the need for multi-
ple successive administrative filings that
significantly  expedited  the  settlement,
thereby keeping transaction costs to a
minimum.
  For more information, contact Dan
Drazan at 202-564-2328.
  Inside
2   Building Environmental
    Leadership
3   Management of FUDS
4   Park Service EMRs
5   Army Officer Exchange Program
6   Conferences
7   TXP3 GBOF Initiative
8   Hazardous Waste Docket
9   ENERGY STAR
10  Technical Work
11  The Hammer
 EPA's Efforts  to Encourage Voluntary
 Self Disclosure and Compliance
   Often when EPA investigates a viola-
   tion,  it discovers facility staff were
aware of the problem - or should have
been - and in some cases were in the
process of developing an appropriate rem-
edy when a regulator discovered it during
an inspection. Discovery of serious viola-
tions during an inspection can mean sub-
stantial  penalties and,  in some  cases,
harm to  careers. There  is a better way.
EPA has in place a program, utilized by
few federal facilities, which can  help.
Effective facility audit systems are criti-
cal to maintaining compliance and allow
for self disclosure of violations to take
advantage of EPA's  Audit Policy. The
prompt self-disclosure and correction of
violations is  in the interest of EPA, the
regulated facility, and the environment.
  On April 11, 2000, EPA's revised final
policy on Incentives for Self-Policing: Dis-
covery,  Disclosure, Correction and Pre-
vention of Violations (the Audit Policy)
was published in the Federal Register.
This  final Audit  Policy  was developed
with  input from states,  public interest
groups, U.S.  Department of Justice, and
the regulated community. In drafting the
revisions, the Agency benefitted from five
                   Continued on page 5
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Building Environmental  Leadership  in  Region  X
   EPA  Region  X, Washington  State
   Department of Ecology, and the Fed-
eral Network for Sustainability hosted a
workshop entitled,  "Federal Environ-
mental   Leadership:   Environmental
Management Systems" on August 23-24,
2001, in Seattle, Washington.
   The workshop was attended by 92 fed-
eral, state, and local personnel interested
in environmental  management systems
and  environment leadership.  Topics
ranged from Sustainability to ISO 14001,
and included cases studies from many of
the federal agencies in Region X.
   In addition, the "Greening the Govern-
ment" Executive Orders were discussed,
including:  E.O.   13148:   Leadership
Through Environmental Management,
E.O. 13101: Greening the  Government
Through Waste Prevention,  Recycling,
and Federal Acquisition, E.O. 13123: Effi-
cient Energy Management, E.O. 13149:
Fleet Fuel, and E.O. 13150: Federal Wor-
force Transportation.
   The keynote speaker was Admiral Bill
Center (retired). Mr. Center gave  a talk
on "Building Environmental Leadership,"
including  a top ten list on getting your
boss to be an environmental leader, which
was  extremely well-received  by partici-
pants. Region X again thanks Mr. Center
for taking  the time to participate  and
share his valuable knowledge and insight.
It was one  of the highlights of this two-
day workshop.
 UpcomingEvents
December 11,2001
Environmental Management for
the 21st Century
Kansas City, KS
Contact: Diana Jackson, EPA, 913-551-7744
December 12,2001
Military  Environmental
Working Group Meeting
Kansas City, KS
Contact: Steve Scanlon, Army Region
816-983-3445
         Building Environmental  Leadership
         By Bill Center
         Why leaders, not managers?
         Managers: Plan & budget, organize &
         staff, control & problem solve.
           Managers produce predictability &
         order.
         Leaders:  Establish direction  (vision),
         align people &  communicate, motivate
         & inspire.
           Leaders produce change.
         Clearly we  need BOTH leaders and
         managers.
                                      How do we "embed change in the culture?"
                                      By how these questions are answered:
                                      Why do we... ?
                                      What do we reward?
                                      What do we punish?
                                      Who do we promote?
                                      How do we handle bad news?
         To effectively  lead an  organization
         through change you need:
         1.  To overcome inertia and complacency
            with sense of urgency.
         2.  A clear vision of where you're headed.
            No vision = no direction.
         3.  A guiding coalition of senior leaders.
            No stagnation  at the top.
         4.  Collect some easy and early victories.
            Consolidate gains,  evaluate,  move
            forward.
         5.  Work to embed  the change in your
            corporate culture.
                                      Reasons  we  fail  at  implementing
                                      change:
                                      1. No vision or sense of urgency.
                                      2. Senior leaders don't buy in.
                                      3. Under-communicating.
                                        We under-communicate by a factor of
                                        10... or even 100.
                                        Figure out how to get the message from
                                        top to bottom in the organization.
                                        Remember: "Perception IS reality."
                                      4. Allowing obstacles to  block progress.
                                        You anticipated obstacles at the out-
                                        set...  when you bump  into  one,
                                        remember, you knew it was coming...
                                        don't allow it to become an excuse for
                                        not achieving your vision.
REC,
Ten things you can do to get your boss directly involved as an
environmental leader:
1.  Set up a meeting for your boss with top regulators (to review plans, issues of mutual concern,
   etc.).
2.  Arrange a tour or visit by dignitaries, especially members of Congress, Senators.
3.  Win an environmental award ... get the boss's picture in the paper.
4.  Bad press. A good motivator to get the boss directly involved. May be worth taking a little heat
   to focus boss's attention.
5.  Good press ... not as painful as bad press ... may not be as effective either. But if the boss
   gets the credit, he/she will likely want to learn more about how they did it.
6.  Make a direct appeal. Don't bring problems to the boss ... bring solutions. Know your stuff. Do
   your homework.
7.  Use the budget process. Show the boss how to achieve "cost avoidance" by making " invest-
   ments" in environmental programs.
8.  Pressure from above is sometimes a good thing ... maybe you can arrange for your boss to get
   some pressure from his/her boss.
9.  Present a comprehensive plan to the boss for approval ... then turn it into the "boss's plan."
   It's amazing what you can accomplish when you don't worry about who gets credit.
10. Sign up your boss to give a speech!

You learn to be a leader by being one.
 2 FEDFACS

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      News
Successful Partnering on
Management of Formerly
Used Defense Sites
The  Kansas Department of Health and
Environment, the Kansas City District of
the U.S.  Army Corps of Engineers (KC
COE), and EPA Region VII improved com-
munications and developed working rela-
tionships during an intensive effort to
develop  a  Management  Action Plan
(MAP) for Formerly Used  Defense Sites
(FUDS). This pilot project was initiated
as a result of  a finding by the FUDS
Improvement Work  Group,  a national
multi-agency work  group organized  to
address problems with the Army's FUDS
program, which indicated that regulatory
coordination was  lacking in program
implementation.
   Kansas was  one of four states chosen
for the pilot and to date  is the only state
to have successfully completed the MAP
process with full participation. The work
began in March 2001,  with  very little
structure or guidance regarding the prod-
uct to be developed. All three parties met
extensively to communicate each agency's
requirements for the MAP.  Through their
cooperation and industry collaboration, a
MAP document has been developed that
will be a great  reference tool and future
planning tool  for coordinating work  at
FUDS in Kansas.
   The MAP is a living document, and
will be updated annually as part of the
ongoing efforts to improve  the  FUDS
process. The agencies celebrated the first
year of the MAP's completion on Novem-
ber 2, 2001 at the Region VII office.
EPA Region II Outdoor
Shooting Range Initiative
Outdoor shooting ranges provide  recre-
ational facilities for millions of shooting
sports enthusiasts in the United States as
well as provide an area for training of law
enforcement officers. Recently, there has
been a growing concern about the poten-
tial negative environmental  and health
effects of range operations. In particular,
there is  concern  about potential risks
associated with the historical and contin-
ued use of lead shot and bullets at out-
door ranges.
   This concern is not unfounded. An esti-
mated 9,000 non-military outdoor ranges
exist  in the  United States,  collectively
shooting millions of pounds of lead annu-
ally.  Many are owned by state, county,
and municipal governments.
   Since  the mid-1980s,  citizen groups
have  brought several lawsuits against
range owners and have urged federal and
state agencies to take action against own-
ers/operators of outdoor shooting ranges.
The  citizen  groups argued  that range
owners improperly managed discharged
lead bullets and shot. Federal courts have
supported parts of these suits, requiring
range owners/operators to clean up lead-
contaminated areas. Concurrent with the
increased  citizen suit activity, EPA, the
Centers for Disease Control and Preven-
tion, and a large number of states have
identified human exposure to all forms of
lead as a major health concern in the
United States.
   To manage lead, many owners  and
operators have successfully implemented
Best Management Practices  (BMPs)  at
their  ranges. These range owners  and
operators  have realized many  benefits
from sound lead management including:

•   stewardship of the  environment, nat-
   ural resources and wildlife,
•   improved community relations,
•   improved aesthetics of the range/good
   business practices,
•   increased profitability through recov-
   ery/recycling lead,  a valuable  and
   finite resource,  and
•   reduced public scrutiny.

Shooting  sport   organizations  (e.g.,
National   Rifle  Association (NRA), the
National Shooting  Sports Foundation
(NSSF))  promote  lead  management
throughout  the  United  States. These
organizations have researched different
methods to effectively address potential
and  actual lead  mobility and exposure
without detracting from the enjoyment of
the sport. The NRA and NSSF strongly
encourage  range owners/operators  to
develop and implement a BMP program
as recommended by EPA's Best Manage-
ment Practices for Lead at Outdoor Shoot-
ing Ranges. By implementing appropri-
ate lead management at outdoor shooting
ranges, range owners and operators may
reduce the  environmental and  health
risks associated  with  lead  deposition,
meet legal  requirements,  and  realize
quantifiable benefits.
   The Best Management Practices for
Lead at Outdoor Shooting Ranges man-
ual provides owners/operators of outdoor
rifle, pistol, trap, skeet, and sporting clay
ranges with information on lead manage-
ment at their ranges. This manual serves
as a reference guide and presents BMPs
available to shooting ranges.  The prac-
tices have been demonstrated to reduce
lead contamination and may be economi-
cally beneficial to the range owner/opera-
tor. Since each range is unique in both the
type of shooting activity and its environ-
mental setting, site-specific solutions are
not provided in the  manual.  Rather, a
range owner/operator may use this man-
ual to identify and select the most appro-
priate BMP(s) for his facility. Other infor-
mation on  environmental  aspects  of
management at outdoor shooting ranges
can be found in the NSSF's Environmen-
tal Aspects  of Construction and Manage-
ment of Outdoor Shooting Ranges.
   The BMP manual may be viewed or
downloaded   at   http://www.epa.gov/
region2/waste/leadshot. If you  would like
a free  hard copy of the  BMP manual,
please  e-mail Leadshot.Region2@epa.gov.
   For more information, please  contact
George Meyer or Edward Guster at 212-
637-4145.

                     Continued on page 4
                                                                                                          FEDFACS 3

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NEWS
Continued from page 3
Greening the Supply Chain

at Federal  Facilities

A report recently presented to Congress
by the General Accounting Office (GAO),
investigated the compliance of federal
facilities  with Section  6002  of the
Resource  Conservation and  Recovery
Act  (RCRA).  Federal facilities  are
required by RCRA §6002 and Executive
Order  13101 to establish programs to
purchase  environmentally preferable
and biobased materials. Also, the Fed-
eral Acquisition Regulations,  or FARs,
were amended in  2000 to require agen-
cies to demonstrate compliance within
their contracts by requiring the procure-
ment and use of recycled products desig-
nated by EPA  and the consideration of
environmentally preferable products.
  The GAO report centered on the four
largest purchasers, the Departments of
Defense and Energy, the General Services
Administration (GSA), and the National
Aeronautics  and Space Administration.
These agencies account for 85 percent of
the $200 billion spent each year on prod-
ucts   and  services.  These  agencies
reported that their procurement practices
had not changed to increase the purchas-
ing of recycled content and biobased prod-
ucts. Obstacles to compliance include lack
of purchasing tracking by facilities, fail-
ure  to inform  and educate all  staff of
requirements, and  deterioration of cen-
tral purchasing due to the proliferation of
government credit cards.
  EPA representatives encountered  all
these  issues while checking for compli-
ance at federal facilities. EPA Region III
conducted close to 20 inspections for com-
pliance with  RCRA §6002 and found that
most of the facilities are not complying.
One additional obstacle is the confusion
concerning the relationship between the
facilities and GSA. Although GSA pro-
vides many varieties of an item for pur-
chase, it is up to the facility to choose the
compliant item. EPA  and the  White
House Task Force on Recycling are
presently evaluating  new  strategies to
increase compliance and the purchasing
of these recycled products.
   Information on all products required
for compliance,  including  definitions,
specifications, and  suppliers,  can  be
found  on EPA's  Comprehensive  Pro-
curement Guidelines page at http://
www.epa.gov/cpg/.
   For more information, contact Mike
Giuranna, EPA Region III,  at 215-814-
3298, or Diane Dolson at 215-814-3304.
National Park Service

EMRs in Region VI

In 1998, EPA conducted an environmen-
tal management review (EMR) within
the National Park Service (NFS). This
EMR was part of a comprehensive tech-
nical assistance  effort by  EPA  to
enhance regulatory compliance within
the Department of the Interior (DOI).
   In August 2000, a final EMR report
was published  by EPA, which described
the EMR process,  explained the scope of
the EMR, and provided EPA's findings and
recommendations.  This report, titled "An
Environmental Management  System
Review  of  the National Park Service:
Based on the Code of Environmental Man-
agement Principles" gave EPA Region VI
the incentive to conduct a National Park
Service Initiative as a follow up to the ini-
tial EMR conducted in 1998.
   During  January 2001, letters  were
sent to several national parks located in
the  states  within the jurisdiction  of
Region VI  inviting
them to participate
in    the    EMR
process. Three NFS
facilities responded
positively  and an
agreement     was
reached for Region
VI   to   conduct
EMRs  during the
year.  The  EMR
team consisted  of
Joyce Stubblefield
(Federal  Facilities
Program    Man-
ager),  Bob Clark,
Jana Harvill,  and
Gary Chiles (SAIC
contractor).
                      The first NFS EMR was conducted at
                    the Lyndon B. Johnson National Histor-
                    ical Park. The  second  NFS EMR was
                    conducted at the San Antonio Missions
                    National Historical Park, located in San
                    Antonio, Texas. The third NFS EMR was
                    conducted at the Padre Island National
                    Seashore.
                      The environment is one of the  pri-
                    mary  strengths of the NFS  culture,
                    which promotes the protection of natural
                    resources, historical sites,  and endan-
                    gered  species.  This characteristic will
                    serve NFS well in its efforts to  develop
                    and implement  environmental manage-
                    ment  systems  to  enhance the  NPS's
                    environmental performance both as a
                    whole and at specific parks.
                    EPA Region VI EMR
                    Recognitions
                    FAA, Oklahoma City, OK
                    USPS, Houston, TX
                    BIA, Albuquerque, NM
                    DOE, SPR, TX and LA
                    EPA Laboratory, Houston, TX
                    FDA, NCTR , Jefferson, AR
                    USD A, ARS, College Station and
                     Kerrville, TX
                    Bureau of Engraving and Printing, TX
                    Corps of Engineers, Fort Worth and Lake
                      Whitney, TX
                    NFS, LBJ, Johnson City, TX
                    FEMA, TX
EPA Region VI EMR Recognition Ceremony
Left to right, back to front:  Colonel Freeman, USAF, Phil
Smith, USDA-ARS, Doug Lipka, EPA Lab, Cody Partridge,
FDA, Keith Eddins, FAA, Bill Bozzo,  DOE-SPR, Colleen
McKinney, BEP, Sam Coleman, EPA, and Joyce Stubblefield,
EPA.
 4 FEDFACS

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Region VII: Army Officer
Exchange Program
In the Army's Training with Industry Pro-
gram, officers develop higher level man-
agerial techniques, interact with environ-
mental matters that affect the military,
and gain an understanding of the rela-
tionship of industry to specific functions
of the Army. Once an officer is integrated
back into the Army organization,  he/she
uses this  information  to  improve the
Army's ability to  interact and conduct
business with industry.
   Captain  Daniel Laurelli is assigned
to EPA Region VII through August 2002,
beginning with a rotation in the Federal
Facilities  Program.  Captain  Laurelli
has been  in the Army for seven years
with the Chemical Corps (Nuclear, Bio-
logical, and Chemical Officer). He has
served as  the Chemical Officer  of the
55th Medical Group  (Ft. Bragg) and the
Aviation  Brigade  of the 3rd Infantry
Division  (Mech)  (Hunter  AAF).  Addi-
tionally, he served as a platoon  leader
and executive officer in the 101st Chem-
ical Company (Ft. Bragg)  and comman-
der of Headquarters and Headquarters
Company  Aviation  Brigade,  which
included a six month rotation in Bosnia
in support of peacekeeping  operations.
Captain  Laurelli's   special   duties
included Team Leader of the  1st  and
2nd  Patient  Decontamination  Support
Team and Aviation Brigade Unit Move-
ment Officer.
   Captain Laurelli can be  reached at
laurelli.daniel@epa.gov.
Region VI Federal Facilities
Compliance Status Report
The  primary goal of the EPA Federal
Facilities Compliance  Program is to
ensure that federal agencies achieve com-
pliance rates that meet or exceed those of
industrial and major municipal facilities.
To help ensure  this goal, FFEO  distrib-
utes  quarterly  Environmental  Compli-
ance Status Reports to twenty-eight fed-
eral agencies.
   To further this effort, EPA Region VI
is  developing a report to communicate
more detailed federal facility environ-
mental  compliance data  within  Region
VI. The 2000-2001 Region VI Federal
Facilities  Compliance Status Report is
expected to be distributed by the end of
October 2001. This report is based on
data  received from each of the major
EPA program areas.  Major sections  of
the report include: listings of facilities
in  significant  noncompliance,  1999
major federal facilities multi-media
inspections,  inspections  and enforce-
ment actions, base closure updates, and
a status summary of federal facilities on
the  National Priorities  List.  A  com-
ments/concerns page is also included to
provide the federal facilities an opportu-
nity to  voice any inaccuracies  or dis-
crepancies with the report. EPA Region
VI is distributing these data as a means
of fostering communication among  EPA,
states,  and  other  federal  entities in
Region VI.
   For more information  please  contact
Gabe Gruta at 214-665-2174.
AUDIT POUCY
Continued from page 1
years of experience implementing the pol-
icy. The policy was designed to encourage
compliance by providing greater  incen-
tives for facilities to self-police and correct
any violations discovered  during  volun-
tary facility audits.
   Facilities that self-report violations dis-
covered through  an environmental audit
or a compliance management system that
reflects the entity's "due diligence in pre-
venting, detecting, and  correcting viola-
tions" may have the gravity-based penalty
waived. The cost savings component of the
penalty is not affected. If the cost savings
is "insignificant" this portion of the penalty
may also be waived. Facilities where the
"disclosing entity does not detect the viola-
tion  through  systemic discovery"  but
which meet the other eight policy condi-
tions will have the gravity-based compo-
nent of the penalty reduced by 75%. The
Audit Policy describes procedures the dis-
closing entity must follow.
   As noted above, to be eligible for the
full waiver of the gravity  component  of
the penalty the facility must have discov-
ered the self-reported violation through
an environmental audit or a compliance
management system. However, EPA can
still  provide  substantial penalty reduc-
tion for those able to meet the following
requirements.

•   Discovery must have  been "volun-
   tary" and not discovered because of
   an activity required by a regulation or
   permit.
•   Disclosure of  the violation must be
   made  within  21  days of discovery,
   unless a  regulation requires disclo-
   sure sooner.
•   Discovery and disclosure  must be
   made independent of EPA, state, or
   third party plaintiff.
•   The disclosing entity  must expedi-
   tiously correct the violation and rem-
   edy any harm caused by it.
•   Steps must be taken to prevent recur-
   rence of the violation. The same or
   similar violations  must  not  have
   occurred within the past three years.
•   The facility must fully cooperate with
   EPA by providing  required informa-
   tion.
   Some violations, such as those that
present an  imminent and substantial
endangerment  to public health or the
environment or result in serious harm,
are not eligible. EPA  can use the Audit
Policy to provide flexibility in working
with regulated entities to reach impor-
tant environmental and public health
goals.
   While encouraging voluntary  compli-
ance  and offering  incentives  to  self-
report, the compliance monitoring and
enforcement  program will remain  an
important option. The expeditious dis-
covery and correction of violations has
always been in the interest of EPA and
regulated federal facilities. The Audit
Policy provides strong  incentives  for
EPA  and  federal  facilities  to work
closely  in correcting violations and
improving management systems to help
prevent future problems.
   For more information, visit http://es/
epa.gov/oeca/ore/apolguid/html, see Fed-
eral Register 65, 19618 (April 11, 2000),
or contact David Levenstein at 202-564-
2591.
                                                                                                           FEDFACS 5

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                                                                        Conferences
Third Annual Alaska Forum

on the Environment Held

The third annual Alaska Forum on the
Environment was held in Anchorage on
February  5-8,  2001.  Over 1,000 people
from all around Alaska and the lower 48
states participated. The Forum provided
over 100  educational  breakout  sessions
and meetings.
   The Alaska Forum on the Environment
greatly depends on the generosity of its
sponsors. The 2001 Forum was a success
thanks to several platinum level sponsors,
including  the  Environmental Protection
Agency, Federal Aviation Administration,
Alaska Inter-tribal Council, and nine other
government and private organizations.

Speaker Highlights
A wide variety  of topics were covered dur-
ing the forum, including subsistence issues,
public health and epidemiology,  environ-
mental justice, fish and wildlife manage-
ment  issues,  hazardous waste manage-
ment, and many more.  Keynote speakers
for the event included Robert F Kennedy,
Jr., Jean-Michel Cousteau, Robert Pojasek,
John Nance, and Andrea Carmen.
   Robert F.  Kennedy, Jr. spoke  passion-
ately of the value of environmental protec-
tion as a  critical element of assuring true
long-term community  development.  "We
have an obligation to the next generation.
Human  beings  have  other appetites
besides money," he said during his speech.
"If we don't  feed them. We won't grow.
Everyone has to wake up and say,  'Is today
going to be about community, or is it going
to be about me?'"
   Kennedy,  an  attorney  for  Hudson
Riverkeeper  and the Natural Resources
Defense Council, spoke about the  environ-
ment  and the  economy. He said restric-
tions to protect the  environment are an
investment in  the future while  environ-
mental pollution is  deficit spending. "It
makes a few people rich while  making
everyone else poor," he said.
   Jean-Michel Cousteau, son of the late
Jacques Cousteau, emphasized the inter-
connectedness of all things as well as his
love  and concern for the water  planet.
Robert Pojasek discussed the methods for
communities to reduce waste and setting
a goal of zero waste. John Nance related
his organizational and team building
experiences to how environmental success
can be achieved by working together.
   Andrea Carmen, Executive Director of
the International Indian Treaty  Council,
spoke of the contributions indigenous peo-
ple have made to the national and inter-
national  policies  addressing   human
responsibilities and environmental pro-
tection.
   Native  Elders  Walter  Austin and
Howard Luke also presented  at the forum.
Austin outlined his concerns for timber har-
vesting in the Tongass, development of the
Arctic National Wildlife Refuge,  and  the
declining fish returns. Luke  spoke of his
concerns and hopes that we continue to
work together as one people, both young
and old.

Alaska Forum 2002
The fourth annual Alaska Forum on the
Environment will be  held February 4-8,
2002. The Planning Board is interested in
hearing ideas to help improve this major
event. Please send your suggestions by e-
mail to info@akforum.com.  The  forum
agenda, registration,  and hotel informa-
tion  will be  available  online at www.
akforum.com.
Pollution Prevention
Bonanza @ Region VI
Region VI P2 Conference
EPA Region VI's Regional  Pollution Pre-
vention Conference was held May 24-25,
2001. The theme was "Don't Permit Pollu-
tion: Prevent It! Tools and Techniques for
Compliance Assistance Through Pollution
Prevention." The conference was sponsored
by EPA Region VI and co-sponsored by the
National Pollution Prevention Roundtable,
University of Texas at Arlington, Arkansas
Department of Environmental  Quality,
Louisiana  Department of Environmental
Quality,  New  Mexico  Environmental
Department,  Oklahoma Department of
Environmental Quality, and Texas Natural
Resource Conservation Commission.
   This  southwest  regional conference
focused  on how pollution prevention (or
reduction of waste at the source) can be
used to help companies and facilities meet
environmental standards and regulations
and often exceed those requirements. The
conference breakout sessions were inter-
active and participants were encouraged
to share ideas, needs, and concerns with
panelists and fellow participants. Break-
out session presenters were  from EPA
Headquarters, EPA Region VI, federal,
state, and  local agencies, and industry.
The event gave facilities access to pollu-
tion   prevention   professionals  and
resources to assist them in achieving and
exceeding  environmental   compliance
standards,  and  promoted pollution pre-
vention  as the best environmental and
corporate strategy. The conference ended
on a high note with music, fun, and enter-
tainment,  including  twists on "Survivor,"
"Jeopardy," and the "Weakest Link."
  MVP P2 Award Winners:
  Equistar Chemicals, L.P. Plant  Reliability
    Improvement Program
  City of Fort Worth Pretreatment Program:
    Pretreatment P2
  Dyess Air Force Base: Clean Dyess 2000

  P2 Roundtable Individual
  Recognitions:
  Eli Martinez, U.S. EPA Region VI
  Jeff Voorhis, Texas, TNRCC
 6 FEDFACS

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National P2RX Meeting
EPA Region VI hosted the National Pol-
lution Prevention Information Resource
Exchange (P2RX) Meeting  on  May 21-
23, 2001. The P2RX Regional  Centers
provide access to pollution prevention
information,  research,  and expertise.
The  regional centers offer  specialized
expertise and are independent from reg-
ulatory agencies. Information  on  the
Regional  Centers  can be found  at
www.p2rx.org.

Texas P3  Spring Meeting
EPA Region VI hosted the Texas Pollu-
tion  Prevention Partnership (P3) meet-
ing on May  23, 2001. The  partnership
meeting was held  in  Dallas  to  take
advantage of the EPA Pollution Preven-
tion  Conference being held  during the
same week.
   The Texas Pollution Prevention Part-
nership members are:  Department of
Defense, Texas Natural Resource Con-
servation  Commission, Texas National
Guard,  NASA - Johnson Space Center,
the U.S. Coast Guard, and DOE Strate-
gic Petroleum Reserve. The highlight of
this  meeting  was the  participation of
Region VI states and the attendance of
special  guests,  Chris  Cambell, New
Mexico  State  University,  Bill  Hayen,
USPS  Southwest  Area,  Phil  Smith,
USD A Agricultural Research  Service,
and Jim Edward and Karin Leff,  EPA
Headquarters.

National P2 Crossfeed Forum
On August 23, 2001, Dr. Thomas Rennie,
U.S. Air Force, Regional Environmental
Office,  Dallas,   Texas,  hosted   the
National  Pollution  Prevention  (P2)
Crossfeed Forum in San Antonio, Texas.
Attendees at the meeting were represen-
tatives from Department of Defense P2
partnerships  nationwide,  EPA Region
VI, and a National Park Service visitor.
These  meetings are  timed with  the
Annual Joint Service P2  Conference and
Exhibition and the National P2 Round-
table meeting.

Texas P3  Summer Meeting
The Texas Pollution Prevention Partner-
ship met on August 24, 2001. The Texas
  TXP3  GBOF  Initiative
     The Green Base of the Future (GBOF) is an initiative under the Texas Pollution Prevention Part-
     nership (TXP3). When completed, the GBOF will be a multi-service guide that enhances mis-
  sion readiness and achieves significant cost savings by fully integrating best operating practices
  and operational requirements. The GBOF attempts to measure an installation's "greenness" quo-
  tient.
     The TXP3 has approached the military service environmental centers to help cultivate ser-
  vice headquarters-level interest in the development of this tool. TXP3 expects to export the final
  GBOF product to service leadership for use throughout the nation.
     The fully  developed  GBOF product will include several internet-accessible components,
  including self-assessment checklists known as the Green Assessment Tool (GAT). Future addi-
  tions will include supporting resources and success stories.
     The GAT has undergone preliminary testing and was modified accordingly. TXP3 is currently
  determining which partners can offer an installation and funds to test the revised tool. Currently,
  Ft. Sam Houston is testing the GAT within their Environmental Resource Management Office. If
  the trial results are favorable, they may be willing to run an installation-wide trial.
     TXP3 members see the potential for GBOF to be linked with environmental management sys-
  tem (EMS) initiatives. The GAT will show how well environmental and pollution prevention issues
  are integrated into base operations, revealing where an EMS needs strengthening. GBOF does
  not duplicate internal environmental compliance audit protocols, which assess environmental
  compliance. A well developed EMS and GBOF will point the way beyond compliance, through a
  fully implemented pollution prevention program that reduces costs and liabilities.
     Discussions early in GBOF development showed that TNRCC may be willing to reduce an
  installation's environmental compliance requirements if they could demonstrate a commitment
  to pollution prevention. More recently, S.B. 2997 has directed the TNRCC to implement a regula-
  tion by December 2001 that would provide incentives to facilities that implement an EMS.
     For more information, visit www.3di.com/gbof or contact  Barton  Ives,  USAEC Central
  Regional  Environmental Office, at bart.o.ives@usace.army.mil.
P3  meeting was hosted by Fort Sam
Houston  with  representatives  from
EPA, the Texas Natural Resource Con-
servation  Commission, and other fed-
eral agencies.  The Partnership is plan-
ning a retreat in November 2001.
P2 at Federal Facility
Hospitals
Region IX Federal Facilities and Pollu-
tion Prevention (P2) staff hosted a work-
shop on September llth, focused on pol-
lution  prevention for  federal  facility
hospitals. With the day's tragic events,
attendance was extremely limited. A few
speakers and  attendees,  whose return
flights were canceled, decided to stay and
meet for a half-day session.
   Tom Murray from EPA Headquarters,
Office of Pollution Prevention and  Toxic
Substances provided updates on Hospi-
tals for a Healthy  Environment efforts
targeting  persistent, bio-accumulative,
and toxic chemicals. Ann Melamed of the
American Nurses Association  discussed
environmentally preferable  purchasing.
Claire Yee of Tripler Army Medical Cen-
ter in Hawaii  highlighted their facility's
efforts  to implement P2, especially tar-
geting  mercury, food waste,  solid waste,
and xylene. Stephanie Davis  of Waste
Reduction Remedies and Sutter Antioch
Hospital provided information  on oppor-
tunities to  reduce  medical  or  "red bag"
waste.
   Larry Woods, Region IX's Federal
Facilities Coordinator, presented infor-
mation on  environmental management
reviews and Eileen Sheehan,  P2 Team,
highlighted P2  opportunities  and dis-
tributed information on  environmental
requirements for  federal  healthcare
facilities.
                                                                                                            FEDFACS 7

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                                             Hazardous  Waste   Docket
Federal Agency Hazardous
Waste Compliance Docket
Updated: The Region VI
Approach
In accordance  with  Section  120  (c) of
the   Comprehensive  Environmental
Response, Compensation,  and Liability
Act (CERCLA), EPA is required to take
steps to ensure that  it receives informa-
tion necessary to assess  the threat to
human health and the environment. Fur-
thermore, Executive  Order 12580  dele-
gates the responsibility for the prepara-
tion  of  this  information  to  federal
agencies. The Federal Agency Hazardous
Waste Compliance Docket contains infor-
mation about federal facilities engaged in
hazardous waste activity or facilities from
which hazardous substances  may  have
been or may be released.
   EPA  Regional Docket Coordinators
work with EPA Headquarters and federal
facilities in their regions on Docket report-
ing and  follow-up.   For  example,  EPA
Region VI has informed federal facilities
in their region about the Federal Agency
Hazardous Waste Compliance Docket and
has reiterated the importance of federal
facilities reporting to the Docket. The pre-
ambles and letters were mailed to thirty
facilities  on  the Docket throughout the
Region. Region VI asked the facilities to
provide  currently available information
EPA can  use to assess the disposition of
the facilities under CERCLA.
   The Docket contains information sub-
mitted to EPA by federal facilities under
Sections  3005, 3010,  and 3016 of the
Resource Conservation and Recovery Act
(RCRA) and Section 103 of CERCLA.
•   Section 3005  of RCRA establishes a
   permitting  system for  hazardous
   waste Treatment, Storage, and  Dis-
   posal (TSD) facilities.
•   RCRA Section 3010 requires  waste
   generators, transporters,  and  TSD
   facilities  to report hazardous waste
   activities.
•  RCRA Section 3016 requires federal
   facilities to submit to EPA biennially
   an inventory of owned or operated haz-
   ardous waste sites.
•  Section 103(a) of CERCLA  requires
   that the National Response Center be
   notified of a release.
•  Section 103(c) of CERCLA  requires
   reporting  to  EPA the existence of
   known or suspected releases of haz-
   ardous substances at facilities.
   If a federal facility submits one of
these documents  or submits this type of
information to EPA, the facility will be
added to the Docket.
   All facilities listed on the Docket will
undergo site evaluation activities, such as
preparing a Preliminary Assessment (PA)
report  and, when  appropriate, a Site
Inspection report. EPA has determined
that  a PA should provide the  required
information to assess the disposition of the
facility in reference to CERCLA.
   The Docket will be available for public
inspection at reasonable times. Every six
months, the EPA Administrator will pub-
lish in the Federal Register a list of the
federal facilities which have been added
to, deleted from, or corrected in the
Docket. This publication will also indicate
where in the appropriate regional EPA
office  additional information  may  be
obtained with respect to any facility on
the Docket. The fourteenth update of the
Federal Agency Hazardous Waste Com-
pliance Docket was released in  the Fed-
eral Register on  October 2,  2001,  and
details additions, deletions,  and correc-
tions to the previous Docket update. The
current number of facilities on the Docket
is 2,214.
   For more  information, contact the
National Docket Coordinator at  202-564-
2468. In Region VI, contact Philip Ofosu
at 214-665-178 or  visit the FAHWCD
website  at www.access.gpo.gov/su_docs/
fedreg/aOOl 229c.html.
Region X Moves Docket
Sites Forward

The Office of Environmental Cleanup's
(ECL) Federal Facility Site Assessment
Program began an initiative to ensure
adequate  assessment and cleanup of
federal facilities listed on the Federal
Agency  Hazardous Waste Compliance
Docket.  Currently, there are numerous
sites on  the  Docket for which federal
agencies have failed to submit  required
Preliminary Assessment  (PA)  or  Site
Inspection (SI) reports for Hazard Rank-
ing System scoring. These sites, some of
which may be high risk or NPL-caliber,
have not  been  evaluated by EPA, nor
addressed by the responsible  federal
agency.   In  some  cases, sites  have
remained on  the Docket with an unre-
solved status and no EPA oversight for
years.  Agencies  have not submitted
reports due to limited funding, compet-
ing priorities, or lack of interest.
   Region X is  conducting the  "Moving
Docket  Sites  Forward"  initiative by
working  directly with federal  agencies
in all Region X states to gain firm com-
mitments for PA and SI report submis-
sion. Staff will emphasize the impor-
tance of report submission and work to
establish mutual  agreements.  With
reports  in hand,  ECL will  evaluate
whether  each site requires further site
assessment, cleanup, or other actions.
   The end result of this initiative is
that Region X will resolve the status of
all federal facility  Docket  sites  and
make progress in moving high-risk sites
forward.  When  Congress, the public, or
other stakeholders  use  the  Docket to
track progress at individual sites or the
entire universe  of federal facilities, they
will  access accurate information   that
shows   Region  X  sites  are  being
addressed.
   For more information,  contact Debo-
rah Leblang at 206-553-0115.
 8 FEDFACS

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      Energy
New Energy Programs in

Region VI

Energy  efficiency, energy conservation,
and renewable energy are important to
federal facilities  not only because they
must all attempt to comply with Execu-
tive Orders. The waste creates air pollu-
tion  as  well  as  water pollution.  EPA
Region VI is pleased to announce several
new Department  of Energy and EPA pro-
grams. These are:

•   Energy Star for Industry,
•   Combined  Heat  and Power, which
   addresses co-generation and tri-gener-
   ation at both large and small scale sys-
   tems, and
•   Green Power Partnerships, which pro-
   motes renewable energy resources by
   creating partnerships between federal
   facilities, state and local government,
   public institutions, private industry,
   public utilities, and private residences.

   Becoming a steward of  the environ-
ment is easy even when resources are lim-
ited. As  deregulation begins and renew-
able  energy  becomes  available,  new
opportunities open up for federal facili-
ties.  Region VI  supports these efforts
through a wide variety of outreach efforts,
including  assistance  in obtaining  the
Energy Star Plaque, the highest award
for excellence in energy performance. EPA
Region VI has  already assisted the Gen-
eral Services Administration Region VI to
become number one in the United States
in Energy Star Plaques on federal facili-
ties in CY 2000 and will continue its push
for energy excellence.
   A recent  highlight of Region VI's
efforts include working with the Region
VI states, Arkansas,  Louisiana,  New
Mexico,  Oklahoma,  and  Texas,  to
develop  renewable   energy  support
groups that create  new partnerships,
provide   technical   assistance,  and
develop  important  renewable energy
resources  and guidance in creating a
portfolio standard. Region VI continues
to work with Energy Star Buildings and
Green Lights, Energy Star  Homes,
Energy Star for Public Institutions, and
Energy Star Purchasing to name a few
programs. For more information on how
to be included in these efforts, contact
the regional support number at 1-800-
887-6063   and   visit  the   website
www.energystar.gov.
   For more information, contact Patrick
Kelly, EPA Region VI, at 214-665-7316.
ENERGY STAR, Executive
Order 13123, and You: Tips
for Federal  Managers
                 ENERGY STAR fig-
                 ures prominently in
                 Executive     Order
                 13123, Greening the
Government through  Efficient  Energy
Management. ENERGY STAR can help
federal agencies  meet the requirements of
the Executive Order,  while saving money.
   EPA and the Department of Energy
(DOE)  have established ENERGY STAR
for office buildings, homes, K-12 schools,
and over 30 categories of products.  The
ENERGY STAR label will be available for
other building types  and products in the
coming year.

Become an ENERGY STAR
Executive Order Section 403 (c) requires
agencies to:

•   Strive to meet ENERGY STAR criteria
   where cost effective for energy perfor-
   mance  and  indoor  environmental
   quality by the end of 2002.
•   Use the ENERGY  STAR  perfor-
   mance rating system for buildings in
   general facility audits.

How To Comply: Use EPA's online rating sys-
tem,  available at www.energystar.gov, to
evaluate your  buildings' energy perfor-
mance using data that you input on each
building's physical  attributes,  operating
characteristics,  and monthly energy con-
sumption. The rating system allows you to
benchmark your buildings on a 1 to 100
scale. The results will help you set energy
performance targets and  plan building
upgrades. Buildings that score a  75 or
higher and maintain an indoor air environ-
ment that meets or exceeds industry stan-
dards are eligible to receive the  ENERGY
STAR label, the nationally recognized sym-
bol of superior energy performance.

Specific  Steps You Can  Take
•   Benchmark  all office buildings  and
   schools over 5,000 square feet.
•   Apply for ENERGY STAR labels for all
   buildings that score 75 or better.
•   For buildings  that  score below 75,
   develop a plan to upgrade these facili-
   ties and improve  their performance
   rating.
•   After  upgrades, re-benchmark  each
   building to measure yearly progress.

Reminder: The Office  of Management
and Budget  (OMB) requires that agen-
cies report in 2001  the number and per-
centage of buildings that are expected to
meet ENERGY STAR levels and receive
the ENERGY STAR label in FY 2002.

Look for ENERGY STAR When
Leasing Buildings
Executive Order Section 403 (e) directs
agencies to:
•   Include a preference for buildings with
   the ENERGY STAR label in selection
   criteria for acquiring leased buildings.
•   Encourage  lessors  to  apply for the
   ENERGY STAR label.
•   Require new building offers  to include
   projected energy use data.
•   Stipulate the purchase of facility man-
   agement systems or energy manage-
                     Continued on page 11
                                                                                                        FEDFACS 9

-------
                                              TechnicalWork
TNRCC's New Action Levels
for Perchlorate

Texas Natural  Resource Conservation
Commission (TNRCC)  recently changed
their interim action levels for ammonium
perchlorate.  Ammonium perchlorate is
manufactured almost exclusively as the
oxidizer component and primary ingredi-
ent in solid  propellant for rockets, mis-
siles, and fireworks.  Nationally, perchlo-
rate detections have been confirmed in 17
states.  Only three other states, Califor-
nia, New York, and Arizona, have formal
action levels. Last month TNRCC set new
interim  action water levels for perchlo-
rate at 4 parts per billion (ppb). The new
ground water cleanup number replaces
the former Texas standard of 22 ppb.
   Under the Texas Risk Reduction Pro-
gram (TRRP), which is the  new  1998
cleanup  rule,  the  new  residential
groundwater cleanup standard is 4 ppb
and  the commercial/industrial ground-
water cleanup standard is 7 ppb.
   Under TNRCC's old cleanup rule, the
Risk Reduction Rule (RRR), the residen-
tial groundwater cleanup standard is 4
ppb  and  the  commercial/industrial
groundwater cleanup standard is 10 ppb.
Sites already under the RRR had the
option  of  staying under that rule  or
switching to the TRRP.
   Longhorn Army  Ammunition  Plant
has identified perchlorate contamination
in soil, groundwater, and surface water
and is  under the RRR. Naval Weapons
Industrial Reserve Plant, McGregor has
identified perchlorate contamination in
on-site groundwater and surface soils and
is under the TRRP.
Region VI Participates in
Development of New Test
Method
Have you ever seen a nasty thick black
cloud of pollution billowing from a smoke-
stack? Of course you have. But, unless
you're familiar with the air enforcement
program, you may not know that there is
a way to determine how  opaque that
plume is. There is a test method that EPA
developed many years  ago to measure
opacity. Known as Method 9, and found in
Appendix A of 40 CFR Part 60, it is used
to measure how much opacity is associ-
ated with a plume of smoke.


What Is Opacity?
Opacity is a measurement of the amount
of light that is blocked by a medium, such
as smoke or a tinted window. Opacity is
usually stated as a percentage. An opac-
ity  of 0% means that  all  light passes
through, and an opacity of 100% means
that no  light passes  through. Opacity is
important because it gives an indication
of the concentration of pollutants leaving
a smokestack.  The more particles that
are  emitted from a stack, the more light
will be  blocked, resulting  in a higher
opacity percentage.


How Is Opacity  Measured?
At present,  there are several  ways to
measure opacity. The simplest method is
visual observation. Anyone can be trained
and certified to become a Visible Emis-
sion Observer.  Federal, state, and local
inspectors,  as well  as government  and
industry staff, have been trained to con-
duct opacity readings to determine  if a
source is meeting its federal and/or state
opacity requirements. These people have
been trained to estimate the percentage
of opacity for black and white smoke com-
ing from smokestacks.
  EPA  adopted standardized  training
and certification procedures in Method 9.
"Smoke School" involves a one-day lecture
on the principles and history of opacity
and certification using  these procedures.
For certification, black and white smoke is
generated at different opacities for a total
of 50 separate visible emission readings.
Opacities must be within a certain  per-
centage  of  accuracy,  for both types of
smoke, for  certification to  be obtained.
Certification expires after six months.


Is There an Easier Way?
The Environmental Security Technology
Certification  Program (ESTCP)  is a
Department of Defense (DoD) program
that  promotes innovative,  cost-effective
environmental  technologies  through
demonstration and validation at  DoD
sites.  The  ESTCP has approved and
begun work on a project to  test a digital
recording and analysis method for opac-
ity determination.  This digital opacity
method would be  used as  an alternate
method to Method  9.
   EPA's  Emissions Measurement  Cen-
ter requested the  formation of a scien-
tific advisory group to review and pro-
vide comments during the  development
and testing of this new method. The
members are from EPA, the Air Force,
and outside contractors and are consid-
ered to be experts in either  digital imag-
ing and/or  Method 9. This group will
review test  plans  to  ensure  that  key
variables are covered in the field work,
define project success, and agree what
conditions must be met to  achieve  it by
the end of the project.
   The kickoff meeting for this group was
held  on  Monday, April  2, 2001, at Hill
AFB,  Utah. The  meeting  included  an
overall project briefing, a review of the
advisory  group members and  purposes,
and a detailed briefing and demonstration
of the proposed new technology. Represen-
tatives from RTF, NEIC, and Region VI
attended  and participated in this meet-
ing. Upcoming meetings will cover the
software  used by the digital  camera as
well as the development and implementa-
tion of field tests of the camera. Field tests
are currently scheduled for  Salt Lake
City,  Utah,  in early October 2001, and
Augusta,  Georgia, in late October 2001.
   For more information,  contact  Ray-
mond Magyar, EPA Region VI, at 214-
665-7288.
 1O FEDFACS

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           The  Hammer
Economic Benefit and Size
of Business Issues in CAA
Enforcement

   On October 4, 2001, oral argument was
   presented before  Chief Administra-
tive Law Judge (ALJ) Susan Biro in the
Clean  Air Act  (CAA)  administrative
enforcement action against the United
States Army, Alaska Garrison, Ft. Wain-
wright. The EPA Complaint alleged vari-
ous CAA violations at Ft. Wainwright's
Central Heating and Power Plant. In
January  2001,  EPA filed  a  Motion for
Accelerated Decision on Liability for the
nine counts contained in the Complaint.
The  Army filed its  Opposition to the
Motion in February 2001, and EPA filed
its Reply in March 2001.
   On July 3, 2001, the Chief ALJ issued
an Order on Complainant's  Motion for
Accelerated   Decision  and   on  other
motions. The Chief ALJ's Order found no
issue of material fact with respect to liabil-
ity for eight of the nine counts contained in
the Complaint. Thus, while issues remain
regarding the appropriate penalty amount
in the case, at hearing only one count will
be litigated in terms of liability. The Order
also dismissed  six of the Army's Affirma-
tive Defenses as they pertain to liability,
but left open the possibility that some of
the Army's Affirmative Defenses may bear
on the amount of the appropriate penalty.
   On October 4, 2001, oral argument
was presented on the main issue in this
case,  namely  whether EPA has the
authority to  consider CAA Section 113(e)
penalty factors of "size of business" and
"economic benefit of noncompliance"  in
determining an appropriate penalty for a
federal facility violation. EPA's position is
that CAA provides the  Administrator
with the  authority to  consider  these
statutorily-mandated  penalty factors,
while the Army's position  is that the
Administrator has no such authority.
Much of the  Army's presentation focused
on the underlying assumptions of the
BEN Model,  and also emphasized what it
considers the unique attributes of federal
agencies  that  make  application  of the
"size of business" and "economic benefit of
noncompliance" penalty factors  inappro-
priate.  EPA reiterated that the legal
question currently before the Chief ALJ is
the authority to consider the statutorily-
mandated penalty factors in determining
an appropriate penalty, and that the BEN
Model is  not at issue in the case.  EPA
acknowledged that federal agencies have
unique characteristics, but argued that
these characteristics could be considered
in determining the appropriate amount of
any penalty and had no bearing on the
underlying  legal authority  issue before
the court at oral argument. The Chief
ALJ posed difficult questions to counsel
for both EPA and the Army. EPA Region
X and FFEO  are jointly managing this
case,  and both represented EPA at oral
argument. A decision from the Chief ALJ
is expected in the next few  months.
   For more  information,   contact Jeff
Kopf, Region  X,  at 206-553-1477,  or
Andrew Cherry, FFEO, at 202-564-2589.
ENERGY STAR
Continued from page 9
   ment services to comply with the
   ENERGY STAR requirements of Sec-
   tion 403 through GSA schedules 63 I
   and  871  II  at  www.fss.gsa.gov/
   environ/h2o-energy-prod.cfm#Office.

ENERGY STAR Products
The Executive Order states that use of
ENERGY STAR labeled products will be
part of the scoring criteria in the  OMB
energy scorecard [Sec. 306(1)]. The Order
directs federal agencies to:

•   Purchase ENERGY  STAR labeled
   products, when found life-cycle cost
   effective. For products not covered by
   ENERGY STAR,  purchase  products
   that are in the upper 25th percent of
   energy efficiency as designated by the
   Federal  Energy Management  Pro-
   gram (FEMP). [Sec. 403 (b.l)]
•  Incorporate  ENERGY STAR energy
   efficiency levels into guide and project
   specifications, as well as into product
   specification  language developed for
   Basic Ordering Agreements, Blanket
   Purchasing Agreements, Government
   Wide Acquisition Contracts, and all
   other purchasing  procedures.  [Sec.
   403 (b.3)]
•  Purchase  ENERGY   STAR   and
   FEMP  designated products  from
   your  federal supply  sources.  The
   Executive  Order states that  GSA
   and  the Defense  Logistics Agency
   (DLA) shall  create clear catalogue
   listings that designate energy-effi-
   cient products in both print and elec-
   tronic formats. [Sec. 403 (b)(2)]

GSA and DLA are federal supply sources
of ENERGY STAR and FEMP designated
products. Energy-efficient products can
be purchased through GSA's online pro-
curement system, Advantage!
   The Energy Solutions Services and
Products Guide from GSA/FSS is  avail-
able at www.fss.gsa.gov/environ.

Other Energy-Efficient Products
ENERGY STAR and FEMP have estab-
lished efficiency levels for other products
not sold through federal supply sources.
   Check out Buying Energy  Efficient
Products, DOE's  federal purchasing
buying  guide issued by FEMP.  This
binder has a series of product efficiency
recommendations to identify the upper
25th  percent  in  energy efficiency. To
obtain a free copy, contact  1-800-363-
3732  or go  to www.eren.doe.gov/femp/
procurement/.
   For more information, contact 1-888-
STAR-YES or visit www.energystar.gov.
                                                                                                       FEDFACS 11

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United States Environmental
Protection Agency (2261 A)
Washington, DC 20460
Official Business
Penalty for Private Use $300

Address Service Requested
    LIST OF  ACRONYMS
    ALJ      Administrative Law Judge            GBOF
    BIA      Bureau of Indian Affairs              GSA
    BMP     Best Management Practices           KC COE
    CAA      Clean Air Act                       LMA
    CEMP    Code of Environmental               MAP
              Management Principles              NFS
    CERCLA  Comprehensive Environmental        NSSF
              Response, Compensation, and
              Liability Act                        OMB
    DoD      Department of Defense               P3
    DOE      U.S. Department of Energy           PA
    DOI      Department of Interior               RCRA
    EMR     Environmental Management
              Review                            RRR
    ESPCs    Energy Savings Performance          SDWA
              Contracts                          SI
    ESTCP   Environmental Security              TNRCC
              Technology Certification Program
    FDA      Food and Drug Administration        TSD
    FEMA    Federal Emergency Management      TRPP
              Agency                            USPS
    FUDS    Formerly Used Defense Sites          VA
    GAT      Green Assessment Tool
Green Base of the Future
General Services Administration
Kansas City Corps of Engineers
Land Management Agency
Management Action Plan
National Park Service
National Shooting Sports
Foundation
Office of Management and Budget
Pollution Prevention Partnership
Preliminary Assessment
Resource Conservation and
Recovery Act
Risk Reduction Rule
Safe Drinking Water Act
Site Inspection
Texas Natural Resource
Conservation Commission
Treatment, Storage,  and Disposal
Texas Risk Reduction Plan
U.S. Postal Service
Department of Veterans Affairs
  is published by EPAs Federal Facilities
           Enforcement Office.

      Joyce Johnson, FFEO, Editor
         SciComm, Inc., Layout
 To receive FedFacs in the mail, contact:

Federal Facilities Enforcement Office
U.S. EPA (2261A),  1200 Pennsylvania
Avenue, NW, Washington, DC 20044

or Fax: 202-501-0069

Read FedFacs on the Internet
http://www.epa.gov/oeca/fedfac/ann/index.html

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