FY2012
          Office of Enforcement and
        Compliance Assurance (OECA)
                    Final
National Program Manager (NPM) Guidance

                April 30,2011
  Publication Number:
  300F1105
FY2012 OECA NPM Guidance                           Page 1

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                                   Table of Contents

EXECUTIVE SUMMARY	4
  A. PROGRAM OFFICE	4
  B. INTRODUCTION/CONTEXT	4
  C. PROGRAM PRIORITIES	4
  E. CROSS CUTTING STRATEGIES IN THE FY2011-2015 STRATEGIC PLAN	8
  F. SIGNIFICANT CHANGES FROM FY2011	10
  G. CONTACTS	10

SECTION I:  OECA GUIDANCE DEVELOPMENT AND FEEDBACK PROCESS	12
SECTION II: SPECIFIC ENVIRONMENTAL JUSTICE PROGRAM PERFORMANCE EXPECTATIONS
	12
     1.   Advance EJ goals through Selection and Implementation of National Enforcement Initiatives	13
     2.   Advance EJ Goals Through Targeting and Development of Compliance and Enforcement Actions.... 13
     3. Enhance Use of Enforcement and Compliance Tools to Advance EJ Goals in Regions' Geographic
         Initiatives to Address Overburdened Communities	14
     4. Seek Appropriate Remedies in Enforcement Actions to Benefit Vulnerable and Overburdened Communities
         and Address EJ Concerns	15
     5. Enhance Communication with Affected Communities and the Public Regarding EJ Concerns and the
         Distribution and Benefits of Enforcement Actions, As Appropriate	16

SECTION III: KEY PROGRAM PRIORITIES AND STRATEGIES TO ADDRESS ENVIRONMENTAL
PROBLEMS FROM AIR POLLUTION	18
  A. CLEAN AIR ACT (CAA)	18
     1. Implement National Enforcement Initiatives	18
     2. Linkwith Top Office of Air andRadiation Priorities	19
     3. Aggressively Go After Pollution Problems That Make a Difference in Communities	20
     4. Reset Our Relationships with States	22
     5. Improve Transparency	23
     6.  Relevant Policies and Guidances	23

SECTION IV: KEY PROGRAM PRIORITIES AND STRATEGIES TO ADDRESS ENVIRONMENTAL
PROBLEMS FROM WATER POLLUTION	25
  A. CLEAN WATER ACT (CWA)	25
     1.   Clean Water Act Action Plan	25
     2.   High Priority Performance Goal	26
     3.   Implement National Enforcement Initiatives	27
     4.   Linkwith Top Office of Water Priorities	29
     5.   Aggressively Go After Pollution Problems That Make a Difference in Communities	29
     6.   Reset Our Relationships with States	34
     7.   Improve Transparency	35
     8.   Relevant Policies and Guidances.	35
  B. SAFE DRINKING WATER ACT (SOWA)	36
     1.   Linkwith Top Office of Water Priorities	36
     2.   Aggressively Go After Pollution Problems That Make a Difference in Communities	37
     4.   Improve Transparency	38
     5.   Relevant Policies and Guidances.	38

SECTION V: KEY PROGRAM PRIORITIES AND STRATEGIES TO ADDRESS ENVIRONMENTAL
PROBLEMS FROM WASTE, TOXICS, AND PESTICIDES POLLUTION	39
  A. RESOURCE CONSERVATION AND RECOVERY ACT (RCRA)	39
     1.   Statutory and Regulatory Requirements	39
     2.   Implement National Enforcement Initiatives	40
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     3.   Link with Top OSWER Priorities	41
     4.   Aggressively Go After Pollution Problems That Make a Difference in Communities	41
     5.   Reset Our Relationships with States	44
     6.   Improve Transparency	46
  B. Toxic SUBSTANCES CONTROL ACT (TSCA)	46
     1.   Link with Office of Chemical Safety, Pesticides, and Prevention's Top Priorities	47
     3.   Reset Our Relationships with States	52
     4.   Improve Transparency	53
     5.   Relevant Policies, and Guidances	54
  C. FEDERAL INSECTICIDE, FUNGICIDE AND RODENTICIDE ACT (FIFRA)	54
     1.   Link with Top Office of Pesticide Programs Priorities	54
     2.   Aggressively Go After Pollution Problems That Make a Difference in Communities	55
     3.   Reset Our Relationships with States	63
     4.   Improve Transparency	64
     5.   Relevant Policies and Guidances	64
  D. SPECIFIC COMPREHENSIVE ENVIRONMENTAL RESPONSE COMPENSATION AND LIABILITY ACT (CERCLA)
  ENFORCEMENT PROGRAM PERFORMANCE EXPECTATIONS	66
     7.   Link with Top OSWER Priorities	66
     2.   Aggressively Go After Pollution Problems That Make a Difference in Communities	66
     3.   Working With States, Tribes and Local Communities	68
     4.   Improve Transparency	68

SECTION VI: KEY PROGRAM PRIORITIES AND STRATEGIES TO ADDRESS ENVIRONMENTAL
PROBLEMS THROUGH CRIMINAL ENFORCEMENT	69

     1.   Criminal Enforcement Priorities	69
     1.   Linkwith Critical Program Office Priorities	69
     3.   Improve Transparency	70

SECTION VII: KEY PROGRAM PRIORITIES AND STRATEGIES TO ADDRESS ENVIRONMENTAL
PROBLEMS THROUGH THE NATIONAL ENVIRONMENTAL POLICY ACT	71

  A. SPECIFIC FEDERAL ACTIVITIES PROGRAM PERFORMANCE EXPECTATIONS	71

SECTION VIII: NATIONAL PROGRAM REQUIREMENTS FOR ADDITIONAL OECA PROGRAMS
UNDER GOAL 5	73

  A.  SPECIFIC EMERGENCY PLANNING AND COMMUNITY RIGHT TO KNOW ACT (EPCRA) PROGRAM PERFORMANCE
  EXPECTATIONS	73
     1.   Linkwith Top Office of Environmental Information Priorities	73
     2.   Aggressively Go After Pollution Problems That Make a Difference in Communities	73
     3.   Reset Our Relationships with States	75
     4.   Improve Transparency	75
     5.   Relevant Policies and Guidances.	75
  B. COMPLIANCE INCENTIVES PROGRAM PERFORMANCE EXPECTATIONS	75
     1.   Aggressively Go After Pollution Problems That Make a Difference in Communities	75
     2.   Reset Our Relationships with States	76
     3.   Improve Transparency	76
  C.  FEDERAL FACILITIES ENFORCEMENT PROGRAM PERFORMANCE EXPECTATIONS	76
     1.   Aggressively Go After Pollution Problems That Make a Difference in Communities	77
     2.   Reset Our Relationships with States	79
     3.   Improve Transparency	79
  D.  STATE REVIEW FRAMEWORK (SRF) EXPECTATIONS	79

SECTION IX. FY2012 OECA WORKPLAN SUBMISSION INSTRUCTIONS	81

  A. ANNUAL COMMITMENT SYSTEM	81
  B. FTE RESOURCE CHARTS	81

SECTION X.  LIST OF ACRONYMS	83


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EXECUTIVE SUMMARY

A. Program Office

This guidance applies to the  Office of Enforcement and Compliance Assurance (OECA), all
Environmental Protection Agency (EPA) regional enforcement programs, and States and Tribes
implementing EPA-approved inspection and enforcement programs1. OECA designs, develops,
implements and oversees national enforcement programs, while the regional offices work with
States, Tribes, and others to  implement these programs.   The OECA National Enforcement
Program Managers Guidance (NPMG) for fiscal year (FY) 2012 describes how EPA should
work with state and tribal governments to enforce environmental laws that protect and improve
the quality of the Nation's environment and public health.

B. Introduction/ Context

EPA's national enforcement and compliance  assurance program is  multi-media in scope and
breadth.  The national program maximizes compliance with ten distinct federal environmental
statutes using a variety of tools, including civil  and criminal enforcement, compliance assistance,
incentives,  and monitoring,  as  well  as other strategies  to improve  compliance,  such as
publication of compliance information.  OECA implements a total of 28 separate program areas
dealing with prevention and control of air  pollution, water pollution, hazardous waste, toxic
substances, and pesticides.  The statutory and regulatory requirements of these programs apply to
a diverse universe of regulated  entities.   EPA works  closely  with the states to assure that
enforcement programs achieve the  protections of the environmental laws and  provide a level
playing field for responsible businesses.

The  majority of the work in the  FY 2012 NPMG is accomplished under Goal 5 - "Enforcing
Environmental    Laws"     in     the    FY     2011-2015    EPA    Strategic    Plan
(http://www.epa.gov/planandbudget/strategicplan.html.  Goal 5 of the  Strategic Plan addresses
how EPA will  address  pollution problems  through  vigorous and targeted civil  and criminal
enforcement,  promote compliance  and deter  violations by  achieving set enforcement goals,
including those  for  national enforcement initiatives  with special  emphasis  on potential
environmental justice concerns and those in Indian country.

The  FY  2012 NPMG  is organized to describe, for each  statutory authority, the national
enforcement and program office priorities, and other key enforcement actions to achieve EPA's
enforcement goals.

C. Program Priorities

OECA's  work aligns with and implements the Administrator's priorities in the following ways:
1  EPA implements programs in states and Indian country until EPA approves the state or Tribe to implement the
inspection and enforcement program.

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   •   Taking Action on Climate Change: Enforcement supports the Agency's climate strategy
       by recognizing reductions  of global warming pollution in settlements of enforcement
       actions.  OECA will be working to support the integrity of the monitoring and reporting
       system for global warming pollution by assuring compliance with the greenhouse gases
       reporting rule.

   •   Improving Air Quality:   Enforcement helps  improve air quality  in  communities by
       targeting large pollution sources, especially  in the utility,  acid,  cement  and glass
       industries, and taking aggressive  action to bring them  into compliance, which may
       include  installing  controls  that  will  benefit  communities  and  improve  emission
       monitoring.  OECA is working closely with the Office of Air and  Radiation to reduce
       toxic air pollution, through protective enforcement, permitting and standards, especially
       in  communities that are disproportionately affected  by  pollution now.   OECA will
       continue to work with States and Tribes to improve monitoring of compliance with air
       pollution standards and  make sure that action is taken against serious violations that
       affect community air quality.

   •   Assuring the Safety of Chemicals:  As the Agency steps up its review of chemical safety
       and pushes for reform, OECA will work closely with the Office of Chemical Safety and
       Pollution Prevention to achieve its goals.  The enforcement program will take  action
       when we find violations of standards for high-concern chemicals.

   •   Cleaning Up Our  Communities:   Enforcement ensures  that parties responsible for
       contamination step up to their cleanup responsibilities.  By ensuring that the polluter pays
       whenever  possible,  OECA's efforts  result  in more cleanups, which  protect more
       communities from exposure and returns properties to productive use.  OECA will also
       use enforcement  to  spur cleanup at RCRA corrective action  sites  where the cleanup
       progress is stalled.

   •   Protecting America's Waters:  OECA is revamping the water  enforcement program to
       focus on the problems that are the biggest threat to the nation's waters. At the same time,
       OECA will increase oversight of the  States and work to define the shared accountability
       of EPA, States and Tribes for  clean water, working closely with the Office of Water.
       OECA will improve transparency, to  enlist the public in holding sources and government
       accountable.

   •   Expanding the Conversation on Environmentalism  and  Working  for Environmental
       Justice:  In all OECA's enforcement  work,  as described above, OECA can help protect
       communities by targeting enforcement in areas where we find serious noncompliance and
       where communities  face multiple pollution threats.   OECA works with  other federal
       agencies to make  sure environmental justice considerations are included in their decision-
       making  process  as  they  prepare  environmental  analyses  (environmental  impact
       statements or environmental assessments) under the National Environmental Policy Act
       (NEPA).  OECA also will make available more understandable information on facility
       compliance and government response,  so that people have the information they need to
       take action to improve their own communities.


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   •   Building Strong State and Tribal Partnerships: EPA shares accountability with States and
       Tribes for protecting the environment and public  health.  With the current economic
       challenges, it is important that EPA and its partners work efficiently and effectively to do
       the most we can with the resources we have. At the same time, OECA will  strengthen
       oversight of States that implement federal environmental programs, and support States
       that take strong  enforcement action to protect their citizens by making sure that we hold
       all States to a comparable standard.

OECA's overall enforcement goals for FY 2012 are to:

•  Aggressively go after pollution problems that make a difference in communities.  EPA will
   use vigorous civil and criminal  enforcement that targets the most serious water, air and
   chemical hazards; and advance  environmental justice by protecting vulnerable communities.
       o   Clean water
             •   The Clean Water Act action plan commits EPA to revamp enforcement and
                 work with permitting to focus on the biggest pollution problems, such as
                    •   Getting raw sewage out of the water
                    •   Cutting pollution from animal waste
                    •   Reducing polluted storm water runoff
             •   Assure clean drinking water for all communities, including in Indian country
             •   Clean up great waters that matter to communities, e.g, Chesapeake Bay
       o   Clean air
             •   Cut toxic air pollution in communities
             •   Reduce air pollution from largest sources, including coal-fired  power plants,
                 cement, acid and glass sectors
       o   Climate and  clean energy
             •   Assure compliance with Greenhouse Gas Reporting Rule
             •   Encourage greenhouse gas emission reductions through settlements
             •   Target energy sector compliance with air, water and waste rules
       o   Protect people from exposure to hazardous chemicals
             •   Prevent releases of hazardous  chemicals  that  threaten  public  health or the
                 environment
             •   Press for prompt cleanup of hazardous sites in communities, ensuring that the
                 polluter pays
             •   Reform chemical management enforcement and reduce exposure to  pesticides,
                 focusing on specific areas aimed  to help achieve clean water,  clean air, and
                 climate and clean  energy, and to  protect people from exposure to  hazardous
                 chemicals.

   •   Reset our relationship  with  States to  make  sure  we  are delivering  on  our  joint
       commitment to a clean and healthy environment.
       o   Shared accountability
             •   Make joint progress with  States and Tribes toward clean air and water goals,
                 and protection from exposure to hazardous  chemicals
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             •   Work toward shared focus on protecting vulnerable communities
       o  Strengthened oversight
             •   Assure strong and effective State enforcement of federal environmental laws
             •   Press for consistent enforcement across States and Regions, ensuring fairness
                 and a level playing field
       o  Establish new model for shared accountability and  strengthened oversight, starting
          with water
             •   Build  focus on highest priority problems  into grants, enforcement and
                 permitting agreements
             •   Define clear expectations for state performance
             •   Take federal action where minimum expectations are not met

   •   Improve transparency
       o  Make meaningful facility compliance information available and accessible using 21st
          century technologies
       o  Hold  government accountable  through public information  on state  and federal
          performance
       o  Promote  better  federal environmental decisions  and public engagement through
          NEPA

To  help implement these  enforcement goals, OECA  selects  a  limited number  of  National
Enforcement Initiatives based upon significant environmental risks and noncompliance patterns.
In FY 2010, EPA re-examined the existing initiatives to look for opportunities to clarify  goals
and measures, more accurately identify universes of sources, and, where necessary, to change the
focus of an  Initiative.  In addition, EPA considered candidates for new National Enforcement
Initiatives.  After consulting with EPA programs and Regions, States, Tribes, and the public,
OECA adopted the following National Enforcement Initiatives for  2011 through 2013.   More
information on each is found in the media sections of this guidance:

   •   Keeping raw sewage and contaminated stormwater runoff out of our waters
   •   Cutting animal waste to protect surface and ground waters
   •   Reducing widespread  air pollution from the largest  sources,  especially  the coal-fired
       utility, cement, glass, and acid sectors
   •   Cutting toxic air pollution that affects communities' health
   •   Assuring energy extraction sector compliance with environmental laws
   •   Reducing pollution from mineral processing operations

Strategies to implement these initiatives are developed by regional and headquarter teams and
include goals, measures, and options for innovative approaches.

D.  Achieving Compliance for National and Regional  Priorities

EPA and states need to consider how to best use the mix of compliance tools to address all the
regulated entities contributing to the environmental problem.  The strategic use of the tools  along
with the identification of partners to help  implement them  will allow for  the efficient use of
Agency resources and  effective approaches  to solving large scale issues.

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Strategic use of the tools will benefit EPA and states by: 1) targeting limited inspection and
enforcement resources on the bad actors; 2) building capacity and coordination across partners;
and 3) expanding governments' presence and demonstrating governments' commitment.  More
information  on  the  use of integrated strategies  is found in the  Guide  for  Addressing
Environmental   Problems:    Using  an   Integrated  Strategic  Approach   (March   2007)
http://www.epa.gov/compliance/resources/policies/assistance/index.html

Program Reviews

OECA monitors regional and state activities in a set  of annual commitments at mid-year  and at
the end of a fiscal year based upon Region and State results entered in OECA databases, the
Annual Commitment  System (ACS), and  data collected in the implementation  of national
enforcement initiatives.  In addition, OECA senior managers conduct an annual program review
of each regional office.  The performance  expectations and activities outlined in this guidance
are the starting point from  which headquarters and  the regional offices engage to discuss the
management of program activities and the distribution of resources.  These discussions result in
regional commitments for a specific level of activity and an agreed-upon approach between the
regions and the national program manager for achieving performance expectations for the fiscal
year.

Regional Priorities

EPA Regions may also have priorities that are specific for a particular environmental situation
that may not affect other regions.  Some problems  cross  regional boundaries and regions are
working together to address them.  For example, in  response to the President's May  12, 2009,
Executive Order 13508—Chesapeake Bay Protection and Restoration, Regions 2, 3, 4, and 5 are
working with OECA to address nitrogen deposition to the  Bay from large industrial air sources
of NOX.  The  Regions will build on work  already begun under the national  enforcement
initiatives to evaluate  the  compliance of power  plants  and other industrial  sources  in the
Chesapeake  Bay  air shed  emitting more  than  1000 tons  of NOX per year.  Any resulting
enforcement actions  would seek to achieve  significant  NOX reductions through complying
actions, as appropriate.  In addition, Region 3 will take steps to evaluate the potential impacts on
the Bay of ammonia (NFL?) emissions from concentrated animal feeding operations (CAFOs).

E. Cross Cutting Strategies in the  FY2011-2015 Strategic Plan

As part of the FY 2011-2015 Strategic Plan,  the  Agency has identified five cross-cutting
fundamental strategies designed to change the way the Agency works and delivers environmental
and human health protection.   OECA's NPM guidance directly supports three of the five cross-
cutting strategies by instructing the regions to undertake activities in FY2012 that contribute to
the cross-cutting strategies'  goals.    Specific examples in the FY2012 guidance  include the
following:
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 Expanding the Conversation on Environmentalism

 •   Data regarding state assessments,  priorities  and performance under the Clean Water Act
    (CWA) should be made public, where possible, on  a regular basis in a manner easily
    understood and used by the public;
 •   Compliance data should distinguish State information from Indian country information;
 •   Information should be made  available  to communities, including Native American and
    Alaskan Natives, who lack access to the internet;
 •   Criminal Enforcement program will continue to develop its use of new outreach methods
    such as Facebook, Twitter and mobile applications to encourage the public's reporting of
    potential   violations  and   to   provide   leads   through   the    fugitives   website
    http ://www. epa.gov/fugitives/.

 Strengthening State, Tribal and International Partnerships

 •   Regions will continue to implement the CWA Action Plan in FY2012 by collaborating with
    states to address NPDES  permitting,  compliance monitoring, and enforcement  activities,
    including work-sharing;
 •   A majority of program  narratives in the  FY2012 guidance  contain  specific  activities
    regarding state relationships;
 •   Regions should consult, as appropriate, with potentially  impacted tribal governments when
    conducting inspections and addressing noncompliance at tribal  and non-tribal facilities in
    Indian country.

 Working for Environmental Justice (EJ) and Children's Health

 •   Regions are directed to use the Agency's environmental justice tools and methodologies to
    focus enforcement and compliance efforts in communities overburdened by exposure to
    environmental risks, including minority and low-income communities, as well as those with
    greater concentrations of sensitive populations.
 •   Specific OECA EJ performance expectations, which include children's health as appropriate,
    are discussed in Section II of this guidance.

OECA's national enforcement initiatives address  some of the more complex  pollution problems;
   especially those confined to a particular sector or source type, and can have  positive impacts
   on children's health.  For example:

   o   Reducing widespread air pollution from  large sources, especially  the coal-fired  utility,
       cement,  glass, and acid sectors can potentially lessen  adverse health  effects such as
       asthma,  respiratory  diseases  and  premature death  in  communities overburdened  by
       exposure to environmental risks and vulnerable populations, including children.
   o   Preventing animal waste from contaminating surface and ground waters reduces
       children's exposure to disease-causing pathogens, nutrients, or other contaminants which
       have potential adverse health effects
   o   Addressing the human health and environmental threats from of mining and mineral
       processing can lead reduced exposure to asbestos and lead poisoning in children.
•  In addition to the national initiatives, OECA reduces risks to children through the following:

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   o  Requiring Local Education Agencies (LEAs) to inspect for asbestos
   o  Monitoring and enforcement to promote compliance with lead based paint (LBP) rules to
      advance the goal of eliminating and preventing LBP hazards, which are the primary cause
      of childhood lead poisoning.
   o  Monitoring and enforcement to prevent the illegal importation of pesticides which have
      been linked to poisoning of children
F. Significant Changes from FY2011

The Office of Enforcement and Compliance Assurance's FY 2012 guidance continues to focus
on the Administrator's  and Assistant Administrator's goals, and  on aligning  enforcement and
compliance priorities with those of the other EPA national program managers.  As in FY 2011,
the FY 2012  guidance is organized to describe the specific expectations for Regions that
implement the Assistant Administrator's priorities and, explains how the enforcement program
supports the priorities of other EPA national programs.  There  are  some notable changes in
specific programs contained within this guidance and can be summarized as follows:

   Clean  Water Action Plan: The  FY12  guidance contains more specific instructions for the
   regions and states on how to implement  the Clean Water Action Plan such as replacing
   existing paper reporting with electronic reporting,  creating a new  compliance paradigm,
   retooling key NPDES permitting  and enforcement activities, and conducting comprehensive
   and coordinated permitting, compliance,  and enforcement programs.

   Wetlands Program: The FY12 guidance sets expectations for the regions to participate in a
   Section  404  Enforcement  Strategy  pilot program  to  improve  coordination  and
   communication between EPA and the Corps of Engineers to improve management of the
   wetlands protection program.

   Oil Spills Prevention: In light  of the  events of the British Petroleum oil spill, the FY12
   guidance has been expanded to provide more detailed instructions on the compliance and
   enforcement activities of an effective oil  spill program.

    Federal Insecticide,  Fungicide  and Rodenticide Act (FIFRA) Program - Each year
   regions are asked to place special emphasis on key focus areas within the  FIFRA program.
   In FY12, an  optional focus area  has been included to provide flexibility to the regions on
   where  to focus their efforts.  This flexibility allows for more opportunities to support the
   Office  of Chemical Safety and Pollution  Prevention's program priorities.

G. Contacts

For general questions or comments on the OECA National Program Managers Guidance or our
Annual Commitments please contact:
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Lisa Raymer
Office of Enforcement and Compliance Assurance
Office of Compliance
Planning, Measures, and Oversight Division
1200 Pennsylvania Ave., NW, M2221A
Washington, DC 20460
Email:  Raymer.Lisa@epa.gov
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SECTION I: OECA GUIDANCE DEVELOPMENT AND FEEDBACK PROCESS

OECA has  structured  the NPM Guidance to focus on the performance expectations  of the
national  enforcement program in terms of 1) achieving the Enforcement Goals, 2) making
progress  in attaining  compliance  within  the national enforcement  initiative  areas  and 3)
supporting the EPA program offices in achieving their environmental  and public health goals.
EPA will post the FY 2012 NPM draft Guidance to allow Regions, States, Tribes, and others to
review and  comment on the draft.  In the past,  OECA has received  comment from Regions,
States, Tribes, and  other stakeholders.  OECA will respond to  the comments and incorporate
changes,  as  needed, in the final documents.  The final guidance and a Response to Comments
Summary will be posted on the Internet showing the action taken in the  final guidance as a result
of comments.

SECTION II: SPECIFIC ENVIRONMENTAL JUSTICE PROGRAM PERFORMANCE
EXPECTATIONS

OECA plays a dual role in setting performance expectations for environmental justice.  First,
OECA oversees national and regional  enforcement  programs.  In this  role, OECA ensures that
facilities  in communities overburdened by environmental problems are  complying with the  law.
OECA aggressively applies regulatory tools to protect vulnerable communities, enlists partners
to meet  community needs, and fosters community involvement  in  EPA's  decision-making
processes by making information available.

Second, OECA is the National Program Manager for the Environmental Justice  (EJ) Program.
The EJ Program facilitates headquarter and regional  efforts to achieve measurable environmental
or public health benefits/results for communities overburdened by environmental problems.

OECA and Region 5,  as Lead Region for FY2011-2013, are implementing the  Strategies and
Activities outlined  in Advancing Environmental Justice through Enforcement and Compliance
(EJ 2014 Plan),  one of the five cross-cutting areas identified for Agency-wide action in EPA's
Plan EJ 2014.  OECA's goals under this Plan are to fully integrate consideration of EJ concerns2
into  the  planning  and implementation  of program  strategies,  case targeting strategies,  and
development of remedies in enforcement actions to benefit these communities.  OECA also plans
to accelerate  efforts to communicate more effectively with  vulnerable and  overburdened
communities about  enforcement actions and program activities.
2 EPA defines "environmental justice" as the fair treatment and meaningful involvement of all people regardless of
race, color, national origin, or income with respect to the development, implementation, and enforcement of
environmental laws, regulations, and policies. EJ concerns with respect to "fair treatment" arise where there are
actual or potential disproportionate impacts on minority, low-income, or indigenous populations that exist prior to or
that may be created by a proposed action. EJ concerns with respect to "meaningful involvement" arise where there is
an actual or potential lack of opportunities for minority, low-income, or indigenous populations, or tribes, to
effectively and appropriately participate in decision-making. These terms are discussed in more detail in Part I of
EPA's "Interim Guidance on Considering Environmental Justice during the Development of an Action "
(http://www.epa.gov/compliance/ej/resources/policy/ej-rulemaking.html).

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OECA has developed five strategies for Advancing Environmental Justice through Enforcement
and Compliance:

    1.  Advance EJ  goals  through  selection and  implementation of National Enforcement
       Initiatives.
   2.  Advance EJ goals through targeting and development of compliance and enforcement
       actions.
   3.  Enhance use  of enforcement and compliance tools  to advance EJ goals in Regions'
       geographic initiatives to address overburdened communities.
   4.  Seek appropriate remedies in enforcement actions to benefit vulnerable and overburdened
       communities and address EJ concerns.
   5.  Enhance communication with affected communities and the public regarding EJ concerns
       and the distribution and benefits of enforcement actions, as appropriate.

   For FY2012, OECA will address our EJ 2014 Plan goals through the following performance
   expectations.

   1.  Advance EJ goals through Selection and Implementation of National Enforcement
       Initiatives

   OECA will  continue to  look for opportunities to address EJ concerns as it implements the
   National Enforcement Initiatives for FY2011-13.   A "Strategy  Implementation Team,"
   consisting of OECA headquarters and regional representatives, is responsible for developing
   implementation strategies  and performance measures for each of the National Enforcement
   Initiatives.   Each initiative's strategy will consider  how EJ concerns can be addressed in
   carrying out its  activities, e.g.   by giving  priority  in case selection  to  overburdened
   communities affected by the pollution problems the Agency seeks to address in each of the
   initiatives.  In developing remedies in initiative's enforcement cases, the Agency will seek
   judicial and administrative remedies that will reduce or eliminate pollution that may have a
   disproportionate impact on minority, low-income or indigenous populations.

   2.  Advance EJ Goals Through Targeting and Development of Compliance and
       Enforcement Actions
   OECA and the  Regions  will place a high priority on addressing EJ concerns as the specific
   targeting and case selection strategies  for both National Enforcement Initiative and other
   enforcement cases are developed. As discussed above, the Strategic Implementation Teams
   for each  Initiative have  identified opportunities  to protect  and  benefit  overburdened
   communities when selecting and developing specific cases to achieve the Initiative goals.
   For example, when selecting specific CAFO facilities for enforcement action, priority may be
   given to facilities that are  impacting or  threatening the drinking water supplies of poor rural
   communities.  OECA and the Regions  will also give specific consideration  and priority to
   overburdened communities when selecting enforcement  actions to address other important
   compliance problems, regardless of whether they are part of an Initiative. For example, in
   selecting enforcement actions to address violations of drinking water standards, we will give
   high priority to addressing violations  at water supply  systems that serve poor and tribal
   communities, as well as children, one of our most vulnerable populations.
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   In FY2012, OECA will continue to use the Environmental Justice Strategic Enforcement
   Assessment Tool  (EJSEAT)  or similar  screening tools  and  other information,  e.g.,
   community input, to support targeting of enforcement actions and to enhance performance
   reporting.   In  addition to OECA's  efforts  to  develop screening  tools  for use  in  the
   enforcement  and  compliance program, the  Agency's  Information  Tools Development
   Workgroup  is undertaking a larger  effort to develop guidance  on  identifying areas  of
   potential EJ concern as a separate effort under EPA's Plan EJ 2014. It will be important to
   ensure that OECA's guidance to enforcement case teams is  consistent with the approaches
   developed by the Agency-wide EJ Screening Committee.  Therefore, upon completion of the
   Screening Committee's work, OECA will review its guidance to ensure that it is consistent
   with the final Agency decisions based on the EJ Screening Committee's work.

   •   Regions may be asked to support development of tools to track and report on
       enforcement actions and results that impact communities with potential EJ concerns, in
       ICIS, according to the instructions and pilot to be developed by the EJ Tracking and
       Reporting Workgroup.

   3. Enhance Use of Enforcement and Compliance Tools to Advance EJ Goals in Regions'
   Geographic Initiatives to Address Overburdened Communities

   Regions have developed, and continue  to develop, integrated  strategies to focus on particular
   geographic areas in their Regions with  overburdened communities that are disproportionately
   affected by environmental problems. Beginning in 2008 for example, each Region identified
   a "Showcase Community" to focus  efforts  to address EJ  concerns.  The Regions used
   integrated strategies for this  purpose  that included the full range of  EPA's tools, and a
   number of these projects  included use of enforcement and compliance assurance  tools .
   Under this Strategy, the Regions will ensure that they use their enforcement and compliance
   assistance tools effectively to identify  and  address environmental problems in areas of EJ
   concern that are caused or made  worse  by violations of federal environmental laws.  For
   example, EPA Regions 3, 4 and 5 are leading a geographic enforcement initiative focused on
   Huntington Port, which was  selected  in part because screening analysis  indicated  a high
   potential for EJ  concerns.  This  initiative  incorporates  enforcement  and  compliance
   assistance to reduce pollution and increase  compliance. It also includes workshops to build
   the community's capacity to help ensure the long-term protection of the environment and
   public health.

   •   Regions, together with state and other partners as appropriate, should evaluate facility
       compliance in EJ communities selected for strategic focus. These evaluations should be
       targeted using the best available data and methods in light of the overall objectives  of
       EPA's enforcement and compliance assurance work.  In this way,  community-focused
       initiatives will  complement the national enforcement initiatives and other sector-based
       and program-specific enforcement activities, meeting OECA's goal of strategically using
       limited enforcement resources to address the most significant issues first.
   •   Regions should  tailor  compliance  evaluation  and  enforcement  actions as  part  of
       integrated  strategies to maximize EPA's ability to gain environmental benefits  in
       overburdened communities.   For example, this could include  use  of multi-media
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       inspections and/or process inspections to comprehensively address potential impacts from
       violations at a given facility.
   •   OECA and the  Regions will consider and  use compliance  assistance activities to
       effectively reach  large numbers of small sources with environmental violations that have
       significant local impacts on overburdened communities.  Compliance assistance tools are
       particularly appropriate, at least as an  initial compliance  effort,  when  widespread
       violations are found among small  businesses, which often have limited resources and less
       ability than major industrial facilities to understand and comply with the requirements of
       federal environmental  regulations.   EPA and  states have often been successful in
       improving small businesses' compliance with environmental regulations through focused
       outreach and education efforts.

   4. Seek Appropriate Remedies in Enforcement Actions to Benefit Vulnerable and
   Overburdened Communities and Address EJ Concerns.

   OECA and the Regions, and the Environmental Enforcement Section of the U.S. Department
   of Justice (DOJ) are jointly heightening their focus in civil enforcement cases  on potential
   options to obtain  meaningful environmental benefits to specific overburdened communities
   impacted by violations of federal environmental laws.  These efforts go  beyond traditional
   injunctive relief to stop illegal pollution, to provide for mitigation of the environmental harm
   caused by illegal pollution and, where appropriate and agreed to by defendants, Supplemental
   Environmental Projects (SEPs) to provide benefits to communities.  For example, in a case
   involving illegal discharges of pollutants from a facility that damaged a tribal fishing area,
   the relief ordered  (in addition to stopping  the illegal discharges)  included restocking the
   fishing ground. EPA has also been successful in obtaining SEPs from defendants to retrofit
   diesel school buses, to reduce the air pollution children are exposed to.  We will continue
   and accelerate these types of efforts to reduce  pollution burdens that have a disproportionate
   impact on minority, low-income or indigenous populations.

   In  addition to the benefits that can be obtained for overburdened  communities through
   judicial and administrative enforcement actions, there may be other,  parallel opportunities in
   a particular situation  and community to  obtain additional benefits for the community through
   cooperation with  other federal  agencies, state or local governments, and/or the business
   community. For example, the U.S. Department of Housing and Urban Development may be
   able to provide housing assistance or  other  community  benefits  in a "brownfields"  area
   where EPA has taken enforcement action to clean up environmental  contamination. State or
   local governments may have projects  or grant funding  that can be used to improve the
   community's  infrastructure or  environment  in an area that is also the  focus  of EPA
   compliance or enforcement  action. In situations where air emissions from multiple industrial
   facilities continue to  adversely affect community health  despite their  compliance with
   emission limitations,  some  business  communities  may be willing to work together to take
   voluntary action  to  further reduce  the emissions that  adversely  affect the  community.
   Examples of such voluntary actions include:  a health clinic established and operated together
   with local, state and  community members; a household hazardous waste  collection drive; a
   local company voluntarily agreeing to post compliance monitoring information directly on a
   public  website to allow community members to check on  compliance; "good neighbor
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   agreements" between local  companies and  communities to address facility  impacts  not
   regulated by a permit or other law.  EPA will identify  specific opportunities, in cases or
   regional  geographic initiatives,  to work with  other  federal agencies,  state  and local
   governments, and/or the business community to complement and leverage benefits resulting
   from  enforcement activities.   EPA will  document  and share  recommendations and best
   practices for taking action on these opportunities.

   5. Enhance Communication with Affected Communities and the Public Regarding EJ
   Concerns and the Distribution and Benefits of Enforcement Actions, As Appropriate

   OECA and the EPA Regions with the Department Of Justice will increase their efforts to
   communicate with affected communities  and the public about enforcement strategies  and
   actions that may affect vulnerable and  overburdened  communities.  We recognize that
   communities  have  a legitimate  need to  be informed and  to  understand  the  federal
   government's enforcement activities to protect their environment, and to have their voices
   heard when solutions are being  considered to redress environmental problems  caused by
   violations of federal environmental laws that affect their community.   As OECA implements
   Plan EJ 2014,  we commit  to  increase  our outreach to communities and  to provide more
   information about  environmental  problems  caused by  failure  to  comply  with  federal
   environmental  laws, our efforts  to address  those  problems,  and  available judicial  and
   administrative solutions  to those  problems that can address the communities' concerns  and
   needs.

   At the same time, it is important  for communities to understand the legitimate and essential
   need to protect the confidentiality of enforcement activity when a case is under development
   and in settlement negotiations.  This is essential to assure that effective enforcement, and its
   ultimate benefits for the community,  will not be undermined and  adversely affected by
   premature disclosure of confidential enforcement  information. While this consideration will
   necessarily limit the amount and kind  of information that EPA is able to share with the
   community at various stages of enforcement activity, we are committed to sharing as much
   information as possible to enable  communities to be informed and to have their voices heard
   in the determination of appropriate resolutions for violations of federal environmental laws
   that affect communities.

   While increased communication efforts are important, it is no less important to receive input
   from  communities on potential violations. We will  continue to invite tips and complaints,
   including through such  means as OECA's on-line reporting  badge and the EPA fugitives
   webpage.

   •  OECA  and the Regions will  review their  enforcement dockets to identify communities
      with EJ concerns that could benefit  from enhanced communication  and  consultation
      regarding  enforcement  activities,  and   provide  the communities  with  additional
      information (consistent with  the confidentiality requirements  needed to protect  the
      integrity of enforcement actions).
   •  OECA and  the Regions will also provide opportunities for communities to provide input
      on EJ concerns and remedies to  be sought in enforcement actions  that affect their
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       communities.    This information will be  provided through  EPA's website,  local
       information repositories, and other appropriate means.
       OECA and the  Regions recognize  that  EPA's  enforcement  processes,  e.g.  the
       enforcement processes concerning hazardous waste site cleanup that affect communities
       with EJ concerns, are often complicated and can be difficult for the public to understand
       and to follow.    To increase communities'  ability to  understand  our enforcement
       processes,  we will  continue to improve the  accessibility to communities of  the
       information provided on EPA's website, develop and make available fact sheets to  better
       explain EPA's enforcement process at particular sites, and update for internal EPA use a
       compendium  of "best practices" that will encourage and facilitate  EPA employees'
       efforts  to   make  enforcement  information  more  available  to  the  public. EPA's
       enforcement  actions  frequently  provide  significant  benefits1  to  vulnerable  and
       overburdened  communities, including reduction of air or water pollution, cleanup of toxic
       and hazardous waste, and additional community benefits such as diesel bus retrofits and
       other benefits made  available through Supplemental Environmental  Projects  (SEPs).
       However, the  community is able to appreciate these benefits  only to the extent that it is
       aware of them. Therefore, OECA and the Regions will continue accelerating our efforts
       to communicate, through press releases, our website and other means, the benefits of our
       enforcement actions  for vulnerable and overburdened communities, consistent with the
       memo, "Characterizing  the EJ  Benefits Achieved in Enforcement Actions" issued in
       2011.
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SECTION III: KEY PROGRAM PRIORITIES AND STRATEGIES TO ADDRESS
ENVIRONMENTAL PROBLEMS FROM AIR POLLUTION

A. Clean Air Act (CAA)

OECA addresses air pollution problems through the following CAA programs:
   •   Part 60 - New Source Performance Standards (NSPS)
   •   Part 61- National Emission Standards for Hazardous Air Pollutants (NESHAP)
   •   Part 63 -Maximum Achievable Control Technology (MACT)
          o  Maximum Achievable Control Technology (MACT) - major sources
          o  Generally Available Control Technology (GACT) - area sources
   •   New Source Review/Prevention of Significant Deterioration (NSR/PSD)
   •   Enforcement of State Implementation Plans and  plans developed and approved under
       Section lll(d)
   •   Title V Operating Permits
   •   Part 82-Title VI Stratospheric Ozone Protection
   •   Section 112(r) Prevention of Accidental Releases
   •   Title n (Emission Standards for Moving  Sources)
   •   Section 129 Solid Waste Combustion

   1. Implement National Enforcement Initiatives

The relevant FY 2011 - 2013 national enforcement initiatives for CAA programs are:

Cutting Toxic Air Pollution that Affects Communities' Health:  In 1990, Congress identified
189 hazardous air pollutants (HAPs) that present significant threat to  human  health and have
adverse ecological  impacts  (http://www.epa.gov/ttn/atw/188polls.html). The pollutants are
known or suspected to cause cancer and other serious health effects, such as reproductive or birth
defects. The threats posed by HAPs  may  be  particularly  significant for  communities
overburdened by exposure to environmental risks, including urban minority  and low-income
communities, as well as those with greater concentrations of sensitive populations. The CAA and
EPA's regulations  impose  strict  emission   control  requirements  (known  as  "Maximum
Achievable Control Technology" or "MACT") for these pollutants, which are emitted by a wide
range of industrial and  commercial facilities.  For FY2011-13,  EPA will target and reduce
emissions of toxic air pollutants in three areas where the Agency has determined there are high
rates of noncompliance:   (A) leak detection and repair;  (B) waste gas flares; and (C) excess
emissions, including  those associated with startup, shut down  and malfunction.  Particular
emphasis will be given to emissions at sources  that have a significant impact on air quality and
health  in communities.  As part of this  effort, OECA will utilize innovative monitoring and
evaluation techniques and partner with EPA's Office of Air and Radiation (OAR) and Office of
Research and Development.

Reducing Widespread  Air Pollution from the  Largest Sources, Especially the Coal-fired
Utility, Cement, Glass,  and Acid Sectors:  The NSR/PSD requirements of the CAA require


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certain large industrial facilities to install state-of-the-art air pollution controls when they build
new facilities  or make "significant modifications" to  existing facilities.  However, many
industries have not complied with these  requirements,  leading to excess  emissions of air
pollutants such as sulfur dioxide, nitrogen oxides and particulate matter.  These pollutants can be
carried long distances by the wind and can have significant adverse effects on human health,
including asthma, respiratory diseases and premature death. These effects may be particularly
significant for  communities overburdened by  exposure to environmental risks  and vulnerable
populations, including children. In recent years, EPA has made considerable progress in reducing
excess pollution by  bringing enforcement actions  against coal-fired  power  plants,  cement
manufacturing   facilities,  sulfuric  and  nitric  acid  manufacturing  facilities,   and  glass
manufacturing  facilities. However,  work  remains to be done  to  bring these  sectors  into
compliance with the  CAA and protect communities burdened with  harmful air  pollution.
Therefore EPA will continue this work as a National Enforcement Initiative for FY2011-2013.

As of January  2, 2011, EPA also began regulating greenhouse  gases  (GHGs)  under its NSR
program.   EPA will  endeavor to ensure  these pollutants are also addressed in  any  process
changes or modification that gives rise to NSR requirements.

Assuring Energy Extraction Sector Compliance with Environmental Laws: As the nation
expands its search for new forms and sources of energy, there is an urgent need to assure that we
develop "clean  energy" sources that protect our air, water and land. Some energy extraction
activities, such  as new techniques for gas extraction, pose a risk of pollution of air, surface
waters and ground waters if not properly controlled. For example, an unprecedented acceleration
of natural gas leasing and development has led to a significant rise in the level of air pollution
throughout the intermountain West.  Drilling and fracking activities have led to concerns about
ground water pollution and  the safety of drinking water supplies in various parts of the country.
To address these emerging problems, OECA's energy extraction initiative will focus on efforts to
assure that natural gas extraction  activities are complying with federal requirements to prevent
pollution of our air, water and land.  This initiative will be undertaken in particular areas of the
country where natural gas extraction activities are concentrated, and the focus and nature of our
enforcement activities will vary with the type of activity and pollution problem presented.

2. Link with Top Office of Air and Radiation Priorities

OECA addresses top OAR priorities in the following ways:

    •   Greenhouse Gases (GHG):  OECA continues to support the Agency's climate strategy by
       recognizing  reductions  of global  warming pollution in settlements  of enforcement
       actions.  OECA and OAR will implement  a National  Implementation Strategy for  the
       Greenhouse Gas Reporting Program. The National Implementation Strategy will  provide
       guidance to Regions on  compliance monitoring  and  assistance activities, in order to
       establish the appropriate enforcement  response  to support the integrity of the  GHG
       monitoring and reporting system. As noted above, OECA will  also ensure  that sources
       undertaking certain process  changes  or modification  that result  in  significant  GHG
       emissions go through proper New Source Review permitting.
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   •   Air Toxics in Communities: OECA will address this Agency priority through the 2011 -
       2013 National Enforcement Initiative - cutting toxic air pollution that affects
       communities' health. OECA also is working closely with OAR and ORD to reduce toxic
       air pollution through standards, permitting, compliance monitoring and assistance
       activities, and enforcement, especially in communities overburdened by environmental
       problems.

3.  Aggressively Go After Pollution Problems That Make a Difference in Communities

Air pollution moves with the wind and is therefore of great concern to communities both near its
source and remotely located. Air pollutants that are emitted closer to the ground, for example as
a result  of  equipment leaks or  low stack  height, can  cause disproportionate  exposure for
neighboring communities. In industrial areas, these communities frequently have significant low
income and minority populations.   Serious health effects caused by air pollution include
difficulty in breathing, exacerbation of respiratory and cardiac conditions, and cancer.

Regions and delegated state/local agencies and Tribes should:

•  Implement programs in accordance with  existing national  compliance and enforcement
   policy and guidance  (e.g., the CAA Stationary Source Compliance Monitoring Strategy
   (CMS); the CAA National Stack Testing Guidance,  the Timely and Appropriate Enforcement
   Response to High Priority Violations (HPV Policy); and the Area Source  Implementation
   Guidance to address  significant  air pollution  problems  that adversely  affect  impacted
   communities by reducing  such  pollution from  the largest sources  with special attention
   directed  toward reducing toxic  air pollution.   Regions should  work  with delegated
   agencies/tribes  to ensure  that they are familiar  with  national guidance, aware  of the
   flexibilities within the guidance, and implement their programs consistent with the guidance.
•  To identify the most  important air pollution problems and  the most  serious violations, use
   targeting  tools  and  other information, such  as the  Environmental Justice  Strategic
   Enforcement Assessment Tool (EJSEAT), and community input.
•  Have  a  clearly defined process  for identifying,  targeting,  evaluating, prioritizing, and
   responding to CAA violations.
•  Work together  to initiate civil  and criminal   enforcement  actions, as appropriate, and
   whenever necessary to protect communities by  addressing  and ultimately resolving serious
   air violations in order to bring sources into compliance.
•  Evaluate all violations,  determine an appropriate response,  and take timely  and  appropriate
   actions against facilities determined to have High Priority Violations (HPV).
•  Enter  data  on  all federally-reportable  violations, not just  HPVs, consistent  with the
   'Clarification  Regarding  Federally-Reportable   Violations  for Clean Air  Act  Stationary
   Sources" ("2010 FRV Clarification") issued on March 22, 2010.
•  Negotiate settlements and track compliance with consent decrees and administrative orders
   and take all necessary actions to ensure  compliance with the terms of federal enforcement
   actions.
•  Utilize compliance assistance, monitoring, enforcement tools  and other approaches that are
   effective in achieving widespread compliance; the  appropriate combination  and  sequencing

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   of compliance  assistance and enforcement tools may vary with the CAA program  and the
   type of regulated industry.

In addition, the Regions should:

•  Continue any  on-going investigations  and initiate new  ones, as appropriate.   Activities
   reported as investigations should meet the definition of an investigation as provided in the
   CMS  and  minimum data  requirements.    Regions  must  review  and  approve  state
   implementation plans (SIPs) as well as to track the compliance status of sources within
   various  regulatory programs under the  Clean Air Act.   Both  initiated and completed
   investigations are to be reported in AFS.
•  Review  Title  V  permits  consistent with  national  guidance and  ensure the  delegated
   agencies/tribes  are reviewing the certifications consistent with  the CMS.   Regions  also
   should ensure that Title V permits do not shield sources subject to a pending or current CAA
   enforcement  action or investigation, and that draft  Title V permits include appropriate
   placeholder language for the applicable requirement at any affected units.  Regions should
   ensure that consent decree requirements, including required  schedules  of compliance  are
   incorporated into underlying federally enforceable non-Title V and Title V permits.
•  Include evaluations of the proper use and disposal of ozone-depleting chlorofluorocarbons
   (CFCs),  hydrochlofluorocarbons (HCFCs), halon fire suppressants and other ozone depleting
   substances (ODS) as  part of routine full compliance evaluations (FCEs)/partial compliance
   evaluations (PCEs) to the extent the regulations apply.
•  Inspect federal facilities, initiate  enforcement actions to address non-compliance at federal
   facilities, and seek penalties, where appropriate, consistent with the 1997 penalty policy for
   CAA violations by federal agencies.
•  Perform CAA section 112(r) inspections at regulated facilities  in the Region, including high
   risk facilities.  A high risk facility is one which meets one or more of the following  criteria:
   1) any  facility which has reported worst-case scenario  population that exceeds 100,000
   people based on the Risk Management Program (RMP); 2) any RMP facility with a hazard
   index greater than or equal to 25; and/or; 3)  any facility that has had one or more significant
   accidental releases within the previous five  years.  (Note: facilities that have only program
   one process are not considered high risk).   Inspections at high-risk facilities should  also
   include an evaluation  of compliance with applicable EPCRA and CERCLA requirements.
•  Evaluate  facilities that experience significant chemical  accidents to determine compliance
   with CAA sections 112(r)(l) and (7) and pursue an appropriate enforcement response for any
   violations.
•  Conduct CAA  section 112(r) inspections in accordance with the recently issued "Guidance
   for Conducting Risk Management Program Inspections under Clean Air Act Section 112(r)"
   which  updated   and  superseded  the  "Guidance  for  Auditing  Risk   Management
   Plans/Programs under Clean Air Act  Section  112(r) of August 1999.  This  document
   establishes  final  EPA policy   on involvement  of  facility employees and  employee
   representatives in EPA and delegated agency on-site compliance inspections as provided for
   in CAA section 112(r)(6)(L).
•  Focus on identifying RMP non-filers and initiating enforcement in accordance with the June
   30, 2010 memorandum titled 'Identification of Facilities Subject to 40 CFR Part 68'.
•  Work to bring 100% closure to any self-disclosure received by the Region.


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•   Settle or litigate cases filed in years prior to FY2012.
•   Exercise authority in accordance with the 2008 Civil Monetary Penalty Inflation Adjustment
    Rule and the Amendments to the CAA Civil Penalty Policy.
•   Ensure  compliance  with environmental  statutes in Indian country unless and until  a Tribe
    obtains  primacy.

COMMITMENT CAA04:  The number of compliance  evaluations to  be conducted by the
regions at majors  sources,  80% synthetic minors, and  other sources (as appropriate).  [Note:
Region should  break out evaluation projections by  source classification and  by compliance
monitoring category (FCE, PCE, and Investigations). In the comment section, each region should
also provide the  number  of  federal  facility  FCEs,  PCEs  and  investigations.    Projected
investigations under this commitment are those investigations initiated by the Regions for the air
enforcement program outside of the National Enforcement Initiatives, and identified by the air
program (e.g., MACT, NSPS).

4.  Reset Our Relationships with States

The Regions should work with the state/local agencies and Tribes to identify priorities and align
resources to implement  the above commitments.  This includes:

•   Holding annual planning meetings with  senior federal and state management to discuss air
    quality  standards, permitting, and enforcement when developing program goals  and annual
    monitoring and enforcement work plans. Convening routine and regular (several times per
    year) meetings with senior state management to assess progress  in how the State has been
    performing overall  in its implementation of the program.  These meetings may be held in
    person or through conference calls  or other venues, as appropriate.  Regular frequency of
    these meetings is strongly suggested as a  best practice for ensuring progress in meeting goals.
•   Where a state is not meeting performance expectations, the Regions should take enforcement
    actions to address serious violations, particularly in the absence of an appropriate response by
    the state.  The Regions should  focus oversight resources to the  most pressing performance
    problems in states and should work to demonstrably improve state performance through these
    actions. The Regions need to take action when necessary to communicate which issues need
    attention to  achieve the goals of the federal  environmental laws and ensure a level  playing
    field between  States. Ensuring delegated agencies  implement compliance monitoring and
    enforcement programs in accordance  with  national guidance/policy (e.g., the CAA CMS;
    HPV Policy;   CAA  National  Stack  Testing Guidance;  Area Source  Implementation
    Guidance).  The Regions should monitor the level and quality of efforts undertaken by the
    delegated agencies  to ensure  strong  enforcement  of environmental laws.  Enforcement
    actions, whether  taken by the Regions,  delegated  states/locals, or Tribes should be timely,
    appropriate, and accurately reported.
•   Negotiating facility-specific  CMS plans  with all delegated agencies.  Throughout the year,
    the Regions are to be evaluating progress and working with delegated agencies to revise such
    CMS plans as  necessary.
•   Having frequent (at least monthly) discussions with delegated agencies to ensure consistent
    implementation of the HPV Policy.
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•  Implementing the State Review Framework for the CAA Program and ensuring progress with
   corrective actions identified in the SRF reports.
•  Consulting with Tribes on the central role that enforcement and compliance plays in EPA's
   direct implementation program and oversight of approved tribal programs.

COMMITMENT CAA06: Ensure that delegated state agencies implement their compliance and
enforcement programs in accordance with the  CAA CMS  and have negotiated facility-specific
CMS plans in place.  The  Regions are to provide the number of FCEs  at majors and 80%
synthetic minors to be conducted by individual  state/local  agencies to demonstrate program
implementation consistent with CMS.  However, if a delegated agency negotiates with a Region
an alternative CMS plan, this Commitment should reflect the alternative plan.  [Note: Break out
evaluation projections (e.g., FCEs; PCEs included in alternative plan) by source classification].
Prior to approving an alternative plan, Regions should consult with the Office of Compliance
(OC) and provide OC with information on how the state/local agency compliance monitoring air
resources will be redirected and the rationale for making the change.

   5. Improve Transparency

The Regions should:

•  Work  with the  state/local  agencies and  Tribes to  verify that  their  compliance and
   enforcement data is added to the Air Facility System (AFS), the national repository for air
   stationary source compliance monitoring and enforcement data.
•  Enter complete,  accurate, and timely data  consistent with the AFS Information Collection
   Request  (ICR) and  Agency policies.   Agreements with delegated  agencies  to  provide
   complete,  accurate,  and  timely  data should  be  incorporated  in  documents  such  as
   memorandum  of  understanding   (MOU),   State Enforcement  Agreements  (SEAs),
   Performance Partnership Agreements (PPAs)/ Performance Partnership Grants (PPGs)  or
   Section 105 grant agreements.
•  Work with EPA Headquarters to modernize AFS.

COMMITMENT CAA07:  The Regions and delegated agencies should enter 100% of MDRs in
AFS consistent with Agency policies, including the 2010 FRV Clarification, and the AFS ICR.
The  reporting of such complete, accurate, and timely data by delegated  agencies should be
reflected in written, up-to-date agreements with the Regions.  If the Region is responsible for
entering data for a delegated agency or Tribe, the Region should identify the delegated agency or
Tribe.

6.  Relevant Policies and Guidances

Additional information about OECA's CAA programs can be found at:
       http://www.epa.gov/compliance/monitoring/programs/caa/index.html
       http://www.epa.gov/compliance/civil/caa/index.html

List of relevant CAA policies and guidance:
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   The Air Facility System Business Rules Compendium
   www.epa.gov/compliance/resources/policies/data/systems/air/afsbusinessrulescompendium.p
   df
   The Air Facility System Minimum Data Requirements
   www.epa.gov/compliance/resources/publications/data/systems/air/mdrshort.pdf
   CAA Stationary Source Compliance Monitoring Strategy
   www.epa.gov/compliance/resources/policies/monitoring/cmspolicy.pdf
   CAA National Stack Testing Guidance
   www.epa.gov/compliance/resources/policies/monitoring/caa/stacktesting.pdf
   Area  Source Rule Implementation Guidance
   http://www.epa.gov/compliance/resources/policies/monitoring/caa/areasource.pdf
   The Timely and Appropriate Enforcement Response to High Priority Violations
   www.epa.gov/compliance/resources/policies/civil/caa/stationary/issue-ta-rpt.pdf
   The Timely and Appropriate Enforcement Response to High Priority Violations Workbook
   www.epa.gov/compliance/resources/policies/civil/caa/stationary/hpvmanualrevised.pdf
   CAA Stationary Source Civil Penalty Policy
   www.epa.gov/compliance/resources/policies/civil/caa/stationary/penpol.pdf
   CAA Section 112(r) Combined Enforcement Policy
   http://epa.gov/compliance/resources/policies/civil/caa/stationary/caall2r-enfpol.pdf
   Guidance for Conducting Risk Management Program Inspections under Clean Air Act
   Section 112(r) www.epa.gov/oem/docs/chem/audit_gd.pdf
   Civil  Penalty Policies http://cfpub.epa.gov/compliance/resources/policies/civil/penalty/
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SECTION IV: KEY PROGRAM PRIORITIES AND STRATEGIES TO ADDRESS
ENVIRONMENTAL PROBLEMS FROM WATER POLLUTION

A. Clean Water Act (CWA)

OECA addresses  water  pollution  problems resulting  from noncompliance with our  nation's
environmental statutes and regulations, including the following CWA programs:
   •   National Pollutant Discharge Elimination System (NPDES) Program (including general
       and individual permits from  sources  such as municipal  and  industrial  wastewater
       treatment facilities and their collection systems, concentrated animal feeding operations
       (CAFOs), industrial storm water, and vessels).
   •   Pretreatment Program
   •   Biosolids/ Sludge Program
   •   CWA Section 404 (Wetlands) Program
   •   CWA Section  311  (Oil Pollution  Act, including the Spill  Prevention Control and
       Countermeasures  (SPCC) Program)

1.  Clean Water Act Action Plan

OECA together with EPA  Regions, States and the Office of Water continue to implement the
CWA Action Plan ("the Action Plan") issued in October 2009.  Pursuant to the Action Decision
Document, scheduled for issuance  in the 3rd quarter of FY11, EPA is making four fundamental
changes to revamp the  NPDES permitting, compliance  and enforcement program  to  better
address today's serious water quality problems:

  1.  Replace existing  paper  reporting with  electronic reporting, automated  compliance
     evaluations and improved transparency.
  2.  Create  a new paradigm for  regulations  and permits to compel compliance via public
     accountability, self-monitoring, electronic reporting and other methods.
  3.  Address this  decade's  serious  water pollution problems by  re-tooling key  NPDES
     permitting and enforcement practices, and continue to vigorously enforce the Clean Water
     Act.
  4.  Conduct comprehensive  and  coordinated  permitting,  compliance,  and enforcement
     programs to improve state and EPA performance in improving water quality.

These elements  are consistent with the Assistant Administrator's goals for the  compliance and
enforcement program, listed on pages 6 and 7 of this Guidance.

States and regions should participate in workgroups tasked with designing these changes as well
as use/implement the new tools, pilot projects, policies and regulations as  appropriate.  A  list of
the workgroups and pilot projects  along with the lead  OECA contacts for these efforts will  be
available in the third quarter of FY11 on the CWA  Action Plan OTIS site. Regions should  notify
OECA leads of their interest in  working  on these projects.    For FY12,  Regions should
participate in the following CWA Plan efforts already under development:
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•  Where appropriate, and in accordance with any subsequent guidance, enforcement actions
   should require electronic reporting, as appropriate, for all data required by the enforcement
   actions.
•  Where appropriate, and in accordance with any subsequent guidance, compliance assistance,
   monitoring and enforcement personnel should provide relevant feedback to permitting offices
   regarding permit prioritization and modifications to consider when permit is renewed.
•  Where the regions have  direct implementation responsibilities, utilize multi-sector general
   permit (MSGP) violation and benchmark data to support monitoring and enforcement.  The
   Water Enforcement Division is working with the Office of Water to obtain these data and
   make them available to regions in a usable format.   The  data will also be used to inform
   decisions on  development  of  model  documents   such  as  308  information  requests,
   administrative orders, and administrative penalty orders.
•  Regions  should investigate the Clean Water Act (CWA) compliance status of surface mining
   facilities within each Region, including mountaintop removal mining operations.  Regions
   should evaluate the compliance  status of such  facilities with  respect to both NPDES
   permitting  requirements  as well  as 404 permitting  requirements.  If CWA violations are
   identified, enforcement action should be taken where appropriate.
•  Actively participate in CWA Action Plan pilots (as developed in FY2011 for implementation
   in FY2012) to address effluent violations reported on DMRs using new strategies and tools,
   such as expedited administrative  enforcement actions and  electronic compliance assistance.
   Consider pilots or innovate approaches to deal with more routine, paperwork violations.
•  Actively market and implement the use of NetDMR or other e-DMR tools by permittees for
   the electronic transfer of Discharge Monitoring Reports (DMR) to ICIS-NPDES, supported
   by use of the National Environmental Information Exchange Network (Exchange Network),
   by all of their NPDES permitted facilities.
•  Regions  should support additional CWA Action Plan commitments as further developed.
•  Regions  should broaden the scope of targeting,  monitoring and enforcement beyond
   traditional NPDES majors, utilizing new targeting tools as developed.  To assist in these
   efforts, OECA and OW recently released a  DMR Pollutant Loadings Tool (currently in Beta
   version for user testing) to help the Regions determine who is discharging and where, along
   with what pollutants are being discharged and how much. This tool includes minor facilities,
   and can be found at www.epa-otis.gov/echo/dmr loading tool.html.

2.  High Priority Performance Goal

For FY 2012, pursuant to  direction from the Office of Management and Budget, each federal
department and agency must develop and report  on a set of High  Priority Performance Goals
(HPPGs) that will measure performance for a limited set of high priority activities.  EPA has
developed  a  HPPG  that   measures  EPA's  actions  to improve  water  quality through
implementation of the Clean Water Act Action Plan.  For FY 2012, OECA has the following
HPPG:

   •   Increase pollutant-reducing enforcement actions in waters that don't meet water quality
       standards, from an FY2009 baseline of 32% to a target of 37% in FY2012.
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This HPPG aligns with the Clean Water Act Action Plan goal of targeting enforcement to serious
water pollution problems.  The HPPG is not based on expected increases in enforcement actions,
but rather a greater emphasis on taking  enforcement actions against facilities that discharge
pollutants into waters  not  achieving water  quality standards for those  standards.    The
enforcement actions are concluded judicial and administrative enforcement cases that result in a
reduction in the relevant pollutants.  The HPPG is limited to EPA actions only because at present
OECA does not have the necessary information to report on state enforcement actions.  For
purposes of the HPPG, we define waters as not meeting water quality standards as broader than
the impaired waters list.  See the November 11, 2010 "Guidance on Implementing FY2011 High
Priority Performance Goals" for more details on how to target and report for this measure.

OECA will continue to improve  GIS-based  targeting  tools to link relevant  water quality
information to facility location, discharges and compliance information as part of developing the
next generation of analytical tools under the Action Plan.

Continuing in  FY 2012, OECA  will be tracking the performance  of  Regions to target
enforcement actions on facilities discharging into waters not achieving water quality standards.

COMMITMENT  CWA  10:  Regions should focus their CWA enforcement work  towards
meeting  the  national  target  of  37% for  concluding   federal judicial and  administrative
enforcement actions resulting in a reduction of pollutants that pertain to facilities discharging
into waters that do  not achieve water quality standards. The Regions should report their data per
the November 2010 guidance issued by OECA, and any subsequent updates issued for FY2012.

3.  Implement National Enforcement Initiatives

The relevant FY 2011 - 2013 national enforcement initiatives for CWA programs are:

Keeping Raw Sewage and Contaminated Stormwater Out of Our Nation's  Waters:  EPA
will  continue its enforcement focus on reducing discharges  of raw sewage and contaminated
Stormwater into our nation's rivers, streams and lakes. Older urban areas in particular have aging
sewer systems that are not designed to handle heavy rainfall and snowfall, in addition to growing
urban populations  and  industrial discharges.  As  a  result,  untreated  sewage  too frequently
overflows from sewers into waterways, or backs up into city streets or basements  of homes. Raw
sewage  contains pathogens that threaten  public health, leading to  beach closures  and  public
advisories against  fishing and swimming.  This problem particularly affects  older urban areas,
where minority and low income communities are often concentrated. In addition, Stormwater
runoff from urban streets  and construction sites carries sediment, metal, oil and grease, acid,
chemicals, toxic materials and industrial waste into surface waters. Many cities use rivers as the
source of their drinking water, and contaminants in the water increase the difficulty and expense
of treating the water for drinking water use. The Clean Water Act requires municipalities to treat
sewage before it is discharged and to control  contaminated  Stormwater discharges, but many
municipalities are not complying with these requirements. EPA's enforcement efforts in recent
years have resulted in agreements by  many cities to remedy these  problems, but the  problem
remains  in many  other cities. This National  Enforcement Initiative will  focus on reducing
discharges  from combined sewer overflows  (CSOs), sanitary  sewer overflows  (SSOs), and
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municipal  separate  storm  sewer  systems  (MS4s)  in  FY2011-13,  by  obtaining  cities'
commitments to implement timely, affordable solutions to these problems, including increased
use of green infrastructure and other innovative approaches.  EPA is committed to working with
communities to incorporate  green infrastructure, such  as green  roofs, rain  gardens, and
permeable pavement, into permitting and enforcement actions to reduce storm water pollution
and sewer overflows. Regions should consider and promote the  opportunity to  utilize  green
infrastructure controls in municipal enforcement actions.  Green infrastructure approaches have
the potential to help reduce and/or eliminate CSOs and SSOs in a cost effective manner while
providing a variety of environmental and community benefits, including improved water and air
quality, increased  energy efficiency,  green spaces and  economic  development.  For  these
reasons, EPA is committed to the incorporation of green infrastructure projects into municipal
settlements where appropriate.  Information on green infrastructure projects can  be found at:
http://cfpub.epa. gov/npdes/home. cfm?program_id=298.

Preventing Animal Waste from Contaminating Surface and Ground Waters: Concentrated
Animal Feeding Operations (CAFOs) are defined as agricultural operations where animals live in
a confined environment (see 40  CFR  Section  123).  CAFOs can  contain large  numbers of
animals, feed, manure, dead animals and production operations on a small land area. The animals
generate a large amount of manure, which typically is held in lagoons or spread on nearby fields.
If not properly controlled, manure can overflow from lagoons or  run off from the fields into
nearby surface waters or seep into ground water, carrying disease-causing  pathogens, nutrients,
or other contaminants into the water. This contaminates both surface waters and ground waters
that may be  used as drinking water sources  and harms fish and other aquatic  species in surface
waters.

Several studies have found high concentrations of CAFOs in areas with low income and minority
populations.  This is typical in many rural  areas of the  country where  livestock  facilities  are
located.  Children in these areas may be particularly susceptible to potential adverse  health
effects through exposure to contaminated surface waters or drinking water from contaminated
ground water sources. The Clean Water Act prohibits the discharge of these pollutants into
surface waters, and EPA's regulations  require larger CAFOs to have permits (which impose
control requirements) if the waste produced by animals on the farm will run off into surface
waters.   However, many  CAFOs are not  complying with these  requirements, so EPA will
continue to strengthen its enforcement focus on these facilities, and those in priority watersheds.
For FY2011-13, OECA will focus primarily on existing large and medium  CAFOs identified as
discharging  without a permit.  In addition, each Region will consider a  variety  of factors to
prioritize CAFO - related activities (i.e., compliance  assistance, monitoring and enforcement).
These  factors  include identifying watersheds where  CAFOs are  negatively affecting water
quality, proximity to vulnerable communities, strengths and challenges of state CAFO programs,
as well as other considerations.

Assuring Energy Extraction Sector Compliance  with Environmental Laws: As the  nation
expands its search for new forms and sources of energy, there is an urgent need to assure that we
develop "clean energy" sources that protect our air, water and land.  Some  energy extraction
activities, such as new techniques for gas  extraction, pose a risk of pollution of air, surface
waters and ground waters if not properly controlled.  For example, an unprecedented acceleration
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of natural gas leasing and development has led to a significant rise in the level of air pollution
throughout the intermountain West.  Drilling and fracking activities have led to concerns about
ground water pollution and the safety of drinking water supplies in various parts of the country.
To address these emerging problems, OECA's energy extraction initiative will focus on efforts to
assure that natural gas extraction activities are complying with federal requirements to prevent
pollution of our air, water and land.  This initiative will be undertaken in particular areas of the
country where natural gas extraction activities are concentrated, and the  focus and nature of our
enforcement activities will vary with the type of activity and pollution problem presented.
Implementation plans are being developed for the  Municipal, CAFO,  and Energy Extraction
Initiatives that will include final goals and measures, and guidance on implementation.  Region-
specific commitments for activities to support the goals and measures will be negotiated through
the ACS process.

4.  Link with Top Office of Water Priorities

OECA addresses top Office of Water priorities for the CWA in the following ways:

•  Restoring and Protecting Urban Waters:  As  part of aggressively going  after pollution that
   matters to communities,  OECA's enforcement and compliance will  be particularly focused
   on protecting communities by getting raw sewage out of the water, cutting pollution from
   animal waste, and reducing polluted stormwater runoff.
•   Strengthening Protections for Our Waters:  OECA is improving protection of water through
    the Clean Water Act Action Plan
    http://www.epa.gov/compliance/civil/cwa/cwaenfplan.html).
   Chesapeake Bay: Regions 2, 3, 4, and 5 should refer to the Chesapeake Bay Compliance and
   Enforcement Strategy implementation plans (available upon request) for details about
   expectations and commitments for storm water, waste water, air and CAFOs.
   Implementation plans include goals and measures with targets for accomplishing activities to
   support each, e.g., 3 MS4 audits per year.   (Note: CAFO commitments are not yet
   finalized.)  The Strategy and other relevant information related to compliance and
   enforcement is posted at
   http://www.epa.gov/compliance/civil/initiatives/chesapeakebay.html)
5.  Aggressively Go After Pollution Problems That Make a Difference in Communities

Communities across the country depend on clean water as a source of drinking water, a habitat to
support healthy ecosystems and as a resource for recreation and fishing. They expect protection
from exposure to water contaminated by raw sewage, animal waste and pollutants in urban storm
water run-off
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Direct exposure to raw sewage and associated high levels of disease-causing organisms can be a
particular problem for communities  located in older urban areas where the aging municipal
wastewater infrastructure may be failing or unable to handle the demands of a growing urban
population.   When pipes break, equipment  fails or the  system exceeds  capacity,  untreated
wastewater flows  into waterways, homes and city streets, most significantly  exposing the
community to pathogens.  Urban water bodies  can also be  assaulted by large volumes of
uncontrolled  polluted storm water from  streets,  parking lots,  and commercial and  industrial
businesses. Many of these older urban areas include minority and low income communities.

Exposure to animal waste from concentrated animal feeding operations may particularly affect
low income and minority populations in rural areas.  Water bodies polluted by the waste can
cause human illness after swimming or wading and result in contaminated fish  and shellfish.
This is  a particular problem with respect to subsistence fishing,  which  is most frequent in
minority and low income  populations.

OEC A,  together with the Office of Water and state water control  agencies will work to identify
at-risk waters and  use their appropriate regulatory tools, including setting  strong water quality
standards, issuing protective and enforceable NPDES permits and addressing serious violations
through effective enforcement to ensure water quality protection and restoration.

      A. CWA NPDES Program

Regions in non-authorized States and Indian country, and authorized States and Tribes,  should:

   •  Target to identify  serious sources of pollution and serious  violations.  Use the new tools
      developed pursuant to the CWA Plan  in FY2011 such as available ambient monitoring
      data, pollutant loadings, and GIS, to target the most significant sources of pollutants on
      those  water bodies and watersheds  including those that are  not meeting  water quality
      standards as broadly defined in the HPPG Guidance.
   •  OEC A has developed the Inspection Targeting Model for the Clean Water Act (currently
      in Beta version for user testing) that includes "Is the facility or outfall within 15 Miles
      Upstream of a  Drinking  Water Intake?" as part of its indexing.  This model  can be
      accessed through  OTIS (www.epa-otis.gov/otis/itm) and OECA is looking for feedback
      on this model.  Develop annual compliance monitoring  plans that take advantage of the
      flexibility available in the National Pollutant Discharge Elimination System Compliance
      Monitoring Strategy for the Core Program and Wet Weather Sources (issued October 17,
      2007), along with additional approaches identified in the CWA Action Plan, to target
      inspections aimed at identifying and addressing serious water quality problems where
      NPDES compliance and enforcement tools will be  effective in addressing the pollution
      problem.
   •  Evaluate all violations to determine seriousness and determine an appropriate response.
      Facilities in significant noncompliance (SNC) should be  acted on,  along with  sources
      with  serious effluent  limit  violations,  unpermitted  discharges,   systemic  reporting
      problems or violations at facilities with potential to  seriously impact to water  quality.


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       Initiate and complete civil enforcement  actions, where appropriate to address  serious
       violations contributing to a community's  water quality problems. This includes judicial
       and administrative actions. Ensure compliance with consent decrees and administrative
       orders. Implement targeted "real time" (quick response) enforcement activities to address
       violations impacting communities' waters,  such as violations  at concentrated  animal
       feeding  operations.   OECA  will provide  additional  training  and  guidance  on this
       approach in FY11.  Utilize assistance,  incentives, monitoring and enforcement tools to
       address  serious noncompliance  problems causing  water quality problems  in targeted
       communities and watersheds.
In addition, Regions should:

   •   Implement  CWA  specific geographic  compliance  and  enforcement strategies,  as
       appropriate for their Region, including CWA Action Plan  pilots, the Chesapeake Bay
       Compliance and Enforcement Strategy, and other region-specific geographic initiatives.
   •   Routinely review all DMRs and non-compliance reports received for compliance with
       permit  requirements where the Region directly implements the program.  (Note that
       Regions may accomplish this review through a routine screen of the PCS or ICIS-NPDES
       data and reviewing the DMRs themselves as necessary.)
   •   Where  the Region  has  direct  implementation responsibilities, they should inspect and
       audit pretreatment POTWs and Industrial Users (lUs) to evaluate the effectiveness of the
       regulatory authorities pretreatment program, either in conjunction with other compliance
       inspections  at  major and  minor POTWs  such as compliance  evaluations  (CEIs)  or
       separately.
   •   Where  the Region has  direct  implementation responsibilities, they should  inspect
       biosolids/sludge facilities to evaluate the permittee's compliance with sludge monitoring,
       record keeping and reporting, treatment operations, and sampling and laboratory quality
       assurance, either in conjunction with  other compliance inspections at major and minor
       POTWs such as compliance evaluations (CEIs) or separately.
   •   Use all available data to benchmark and monitor  state performance using  data from
       federal  and state data systems, permitting  and enforcement performance reviews, and
       other audit or evaluation reports.  These include State Review Framework reviews, Office
       of Water  Permit Quality Reviews, regular EPA/State meetings to review performance,
       state data not  entered into national  databases and  GAO  and/or IG reviews  of state
       performance.   In FY2011, EPA  developed an integrated and streamlined  NPDES
       enforcement and permitting oversight review process,  issued guidance and provided
       training to  EPA Regions.   In FY12, EPA Regions  will  pilot integrated  NPDES
       enforcement and permitting oversight reviews.
   •   Where  States have exhibited a widespread and long-standing problem  with significant
       aspects of their permitting or enforcement programs, Regions should object to permits or
       take direct enforcement actions in those states in accordance with EPA's June 22, 2010
       Memorandum  titled,  "Interim Guidance  to  Strengthen Performance  in the  NPDES
       Program" signed by Cynthia Giles,  Assistant Administrator for OECA  and Peter Silva,
       Assistant  Administrator for Water.    Regions should focus oversight resources on the

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       most pressing performance  problems in  States which had  been identified through
       permitting and  enforcement reviews.   Regions and States  must work together to
       demonstrably improve state performance.  Guidance will be made available under the
       Clean Water Act Action Plan to further clarify expectations.
   •   Coordinate, as appropriate, with the Coast Guard and other federal agencies which have
       significant roles in addressing  spills,  and follow all related Memoranda of Agreement
       including the MOU for the Vessels General Permit.
   •   Continue implementing the Federal Facility Integrated Strategy on Stormwater.
   •   Encourage States that are currently using the NPDES Permit Compliance System (PCS)
       to prepare to migrate to the modernized data system, ICIS-NPDES.  The batch data flow
       capability from  States  to  ICIS-NPDES through   EPA's  National Environmental
       Information Exchange Network is currently under development and is scheduled to be
       implemented in  three distinct releases. The first release, completed February 2011, will
       provide functionality for the transmittal of Permit and  Facility information. The second
       release,  scheduled for January 2012, will provide functionality for the transmittal of
       Inspection information.  The final release, scheduled  for March of 2013,  will provide
       functionality  for  the transmittal  of remaining NPDES data  families  to  include
       enforcement actions,  single  event violations, and program reports.   Regions should
       support their States as they move to ICIS-NPDES.
   •   Regions  should seek  injunctive  relief to correct violations  and  protect watersheds,
       including  implementing  green  infrastructure  and   innovative technologies,  where
       appropriate.

COMMITMENT CWA07:   By December  31, 2011, provide a specific NPDES Compliance
Monitoring Strategy (CMS) plan for each State in the Region.  The plan should provide universe
information for the CMS categories; sub-categories covered by the CMS and combined EPA and
State expected accomplishments  for each category and subcategory.  The  plan should identify
trade-offs made among the categories  utilizing the flexibility  designed into the CMS policy to
target the most significant sources with potential  to impact water quality. At end of year provide
for each State a numerical report on EPA and  state inspection plan outputs, by category and
subcategory.  To increase the transparency of NPDES inspection data, OECA will work with
Regions and State  associations  to  develop formats for releasing inspection data  on CMS
implementation performance on a state-by-state basis.

       B.  CWA Section  404 - Discharge of Dredge and Fill material
Regions should:

   •   Coordinate,  as  appropriate, with  other  federal agencies  (e.g.,  U.S.  Army  Corps of
       Engineers, Natural Resources Conservation Service (NRCS), Fish and  Wildlife Service,
       etc.) which have significant roles in wetlands protection through the use of memoranda of
       understanding and memoranda of agreement or other appropriate mechanisms.
   •   Meet with  Corps  Districts on an annual basis to  establish  regional priorities  and
       communicate priorities to OECA;
   •   Review field level agreements with Corps Districts, and revise to make them consistent
       with Section 404 Enforcement Strategy, as appropriate;
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   •   Regions should utilize the Office of Water's DARTER (Data on Aquatic Resources
       Tracking  for  Effective  Regulation)  system  as well  ICIS  (Integrated  Compliance
       Information System) in their targeting efforts to identify potential repeat and flagrant
       violators (ICIS continues to be the data base of record for tracking EPA information on
       404 enforcement actions);
   •   Develop methods to effectively leverage other program resources to more systematically
       identify potential  serious Section  404 violations  and take appropriate enforcement
       response to address these violations.  Share effective techniques with OECA for use in
       developing the national wetlands enforcement strategy;
   •   Utilize existing Regional cross training opportunities as well as opportunities identified
       by HQ to cross-train inspectors  and to  train  other federal  and  state agencies and
       stakeholders to identify CWA 404 violations;
   •   The  Section 404 Enforcement Strategy will  be piloted during 2011 - 2012, and  the
       Regions are expected to work with OECA in implementing the strategy.

   C.  CWA Section 311-Oil Pollution Act

The activities described below are intended  to be conducted by enforcement staff or
contractors. OECA has contract resources available to support such work

Regions should:

   •   Participate in multi-regional judicial enforcement cases  to address spills from inter-state
       pipelines and others, such as production facilities, on a company-wide basis.  Cases will
       include company-wide injunctive  relief requirements to prevent future spill violations at
       all facilities of the owner or operator.
   •   Participate in  multi-regional judicial  enforcement  cases to  address  federal response
       planning (FRP) violations at facilities  owned or operated by the same company.  Cases
       will  include company-wide injunctive relief requirements to improve facility response
       planning and implementation at all facilities of the owner or operator.
   •   Investigate and develop  informal, administrative and judicial  enforcement actions  to
       address noncompliance with EPA product schedule  requirements for use of dispersants
       and  other substances.  Investigate, target and  develop  informal, administrative and
       judicial enforcement actions to address spill prevention, and facility response planning
       violations  at facilities subject to EPA regulations, including offshore platforms  within
       EPA jurisdiction.   Also investigate,  target, and develop informal, administrative and
       judicial enforcement  actions to  address discharge  violations (spills)  where ever  the
       violation occurs, whether or not the spill  occurred  at a facility subject to  EPA's spill
       prevention or facility response planning regulations.
   •   Whenever needed in the context of an enforcement action or enforcement targeting effort,
       conduct inspections and enforcement  investigations as  needed to  confirm violations or
       develop enforcement  cases.   These activities  are  intended  to be  conducted  by
       enforcement  staff or  contractors,  when  needed for  enforcement targeting  or case
       development.
   •   Conduct enforcement investigations to identify noncompliance,  target appropriately for
       enforcement  response,  and  build cases for  enforcement  actions.   Enforcement

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       investigations  could include use  of CWA  Section  308  and/or  311(m)  information
       requests, independent audits, interviews, review of inspection reports, coordination with
       state and other federal agencies,  use of public tips and complaints,  review of public
       databases, or other  investigative means.  Whenever spill  or regulatory enforcement is
       pursued at facilities subject  to EPA regulations, the case  development staff  should
       evaluate  whether the facility is  in  compliance  with allspill prevention and facility
       response planning requirements and  should include claims in the  enforcement case to
       address all noncompliance in these areas.
   •   As part of enforcement targeting work,  review spill notification  reports to the National
       Response Center, pipeline spill reports to the Pipeline and Hazardous Materials Safety
       Administration, spills reported to states and other available sources  to identify spill
       violations.   Issue CWA  308 information requests  to confirm violations and identify
       causes of the spills. Take appropriate enforcement action to address  spills of oil and
       hazardous substances that have occurred, to include  penalties and injunctive relief to
       prevent future violations  from similar causes across all facilities of the same owner or
       operator.
   •   Participate in OECA-led coordination and strategy meetings, as appropriate.

6.  Reset Our Relationships with States

Every Region and State, working together, should conduct a CWA annual planning process that
brings  the  different components of the regional  and state  NPDES program (water quality
standards and assessment, permitting and enforcement) all to the table together, identifies and
discusses national, regional, and  state priorities versus available resources  at both the state and
federal levels, and results in collaborative  annual work plans that use all available mechanisms to
get work done,  such  as  federal  and state work-sharing,  innovative approaches to monitoring
facilities or addressing violations, etc.

Regions should:

   •   Hold  annual planning meetings with each  State to  develop collaborative annual work
       plans. Submit summary report to headquarters by October 31, 2011.
   •   Convene routine and regular meetings between the Region and State to discuss progress
       towards meeting annual permitting and enforcement commitments, and how the State has
       been performing overall in the NPDES program.
   •   Where  States  are   not  meeting performance  expectations,  Regions  should take
       enforcement actions to address serious violations.   Regions should  focus oversight
       resources to the  most  pressing performance problems in States  and  should work  to
       demonstrably improve state performance through these actions.  Regions need to take
       action when necessary to  communicate what things need attention to achieve goals of the
       federal environmental laws and ensure a level playing field between  States.
   •   Conduct a sufficient number of oversight NPDES inspections to ensure  the integrity and
       quality of each State or Tribe with primacy compliance monitoring  programs.  The
       Regions have  flexibility  to determine the appropriate number of oversight inspections
       needed  to  ensure  proper  state inspection conduct  and  documentation.    Oversight
       inspections are not "joint" inspections.  Oversight  inspections  can be conducted by


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       accompanying state inspectors during inspections, or conducting a separate inspection at
       the same facility at a later date to verify the same findings.
   •   Implement the State Review Framework (SRF) for the NPDES program in conjunction
       with permit quality reviews and assure implementation associated with corrective actions
       identified in the SRF reports.
   •   Consider the following information when conducting state program oversight:
          o  number of SNCs identified (and percent of universe), especially those related to
             effluent exceedance or illegal discharges by state and by region
          o  number (and percent) addressed in a timely and appropriate manner
          o  results of SRF  and permit quality  reviews and progress in correcting identified
             issues.
   •   Consult with Tribes on the central role that enforcement and compliance plays in EPA's
       direct implementation program and oversight of approved tribal programs.

COMMITMENT CWA09:  Regions should submit summaries of the collaborative EPA/State
annual work planning  process addressing NPDES  permitting,  compliance monitoring, and
enforcement activities, including  work-sharing, to the Office of Compliance  and the Office of
Wastewater Management by October 31, 2011 for FY 2012 activities.

7.  Improve Transparency
   •   Data regarding state assessments, priorities and performance under the CWA should be
       made public by the Regions and Headquarters, where possible, on  a  regular basis in a
       manner easily understood and used by the public.
   •   If data systems are not able to support reporting at end-of-year FY 2011,  the Regions
       should manually report using instructions specified in  the  multi-program fiscal  year
       reporting guidance memorandum.
   •   Regions  should work  with the States and Tribes to verify that their compliance and
       enforcement data is input into national  databases.
   •   Compliance monitoring activities conducted pursuant to the goals in CMS and the  state-
       specific plans should be reported into the appropriate national information system, either
       PCS or ICIS-NPDES,  in accordance with  documents which establish  data requirements
       and reporting timeframes for those  systems. States  must  ensure  that  all  required
       compliance and enforcement data is input or transmitted to the national databases.  EPA
       encourages States to expand their use of the national databases to include compliance and
       enforcement data that pertains to the entire NPDES universe
   •   Regions  should  review reporting practices to ensure that oil and hazardous substance
       spills are timely and accurately reported to the National Response Center (NRC)
   •   Regions should make information available to communities, including Native American
       and Alaskan Natives, who  lack access to the internet.

8.  Relevant Policies and Guidances

     Additional information about OECA's Clean Water Act programs can be found at:
     http://www.epa.gov/compliance/monitoring/programs/cwa/index.html
     http://www.epa.gov/compliance/civil/cwa/index.html
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B. Safe Drinking Water Act (SDWA)

OECA addresses drinking water pollution problems through the following SDWA programs:
   •   Public Water System Supervision (PWSS) Program
   •   Underground Injection Control (UIC) Program

EPA's focus on regulated drinking water systems, including those in Indian country, protects the
public from the potential acute and chronic health effects of drinking water that fails to comply
with the SDWA. The Enforcement Targeting Tool (ETT) identifies those public water systems
(PWSs) that have  the most  serious, most numerous, and longest-lasting  unresolved drinking
water violations. The  Enforcement Response Policy (ERP) establishes EPA's expectations of
how primacy agencies are to address  drinking water violations  and return violating PWSs to
compliance.

The  ETT  assigns to each drinking water violation a numerical point value weighted for  its
severity,  and applies  a formula  that generates a  total  score for each PWS with unresolved
violations. Because violations of health-based standards  and major violations of monitoring and
reporting requirements for acute contaminants present  the most serious risks to the public's
health, violations of these types are assigned the highest  point values. Major monitoring and
reporting violations related to chronic contaminants, minor monitoring and reporting violations,
and public notification violations are assigned lower point values.  The higher a PWS's total ETT
score, the more serious is its overall noncompliance.

The ERP provides  that all drinking water  violations at PWSs are to be resolved and  that PWSs
are returned to compliance.   Additionally, the ERP directs that if a PWS reaches an  ETT score
of 11 or higher before its  violations are resolved, that PWS will be considered a priority system
that must either return to compliance or receive formal enforcement action within six months of
having reached a  score of  11.  It  is  OECA's expectation  that  primacy  agencies  will
simultaneously be working to reduce their backlog of systems that have already been at a score
of 11 or higher for more than 6 months.  As a longer term goal, primacy agencies are encouraged
to address violations  at noncomplying PWSs before they become  priority  systems. A quick
response to SDWA violations decreases the risks to public health and  allows primacy agencies
more flexibility  as they  work with PWSs to  achieve  sustained compliance.    By focusing
resources on PWSs in this way,  the ERP helps ensure  those PWSs return to compliance in a
timely manner.

1. Link with Top Office of Water Priorities

OECA addresses top Office of Water priorities for the SDWA in the following ways:

   •   Safeguarding Public Health: As part of aggressively going after pollution that matters to
       communities,  OECA will  use  all  enforcement and compliance tools to  assure public
       water  systems  deliver safe drinking water, with continued focus on drinking water in
       schools and in Indian country.
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2.  Aggressively Go After Pollution Problems That Make a Difference in Communities

The ETT and ERP apply equally to EPA direct implementation, including in Indian country, and
implementation by states, territories, and tribes with primacy.  EPA's goal is to ensure that the
drinking water delivered in Indian country is as safe as the drinking water delivered to the rest of
the American public.

The ETT's scoring formula focuses enforcement resources on those systems with health-based
violations, those with major monitoring and reporting violations, and those that show a history of
violations across multiple rules.  Its system-based methodology is intended to ensure national
consistency  and the integrity of the Public Water System Supervision national enforcement
program while providing increased protection for the public.

Regions, states, territories,  and tribes with  primacy will work to resolve all SDWA  violations.
Because ETT scores identify the PWSs with serious noncompliance problems, primacy agencies
can establish priorities allowing them to address systems with the worst violations first.   The
timely and appropriate response guidelines in the  ERP ensure timely action is taken to return
serious violators to compliance.

In accordance with the ERP, all PWSs that reach a score of 11 or higher (priority systems) are to
be addressed with a  formal enforcement action or returned to  compliance within six  months of
the quarterly ETT report on which the system first is reported as having a score of 11 or higher.
OECA  headquarters will  track primacy  agency  performance  in meeting the timely  and
appropriate provisions of the ERP.

       COMMITMENT SDWA02:

       During FY 2012, the primacy agency must address with a formal enforcement action or
       return to compliance the number of priority systems equal to the number of its  PWSs that
       have a score of 11 or higher on the July 2011 ETT report3.

       State, territory and tribal breakouts should be indicated  in  the comment field of the
       Annual Commitment System.

3.  Reset Our Relationships with States

Regions are  responsible for working with states,  territories, and  tribes with primacy  in  an
oversight capacity to ensure that the ETT and ERP are implemented as intended.  While OECA
and the Regions will discuss progress returning systems to compliance, identify  those priority
systems for which return to compliance is  impracticable, and oversee performance  overall in
implementation of the program, the Regions will hold more in depth discussions with their states,
3 A primacy agency's success at addressing violations will be tracked by means of the quarterly ETT reports.
Numerical targets may be adjusted at mid-year. While it remains the ERP's goal that all of a priority system's
violations will be returned to compliance, a primacy agency has met its commitment under the 2012 SDWA ACS
with respect to a priority system if the score for that system has been brought below, and remains below, eleven.

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territories, and  tribes  that include, but are not limited,  to  progress in returning systems to
compliance,  monitoring  compliance progress  on orders,  systems addressed,  and  overall
performance in  implementing the program.  These meetings  may be held in person or through
conference calls or other venues, as appropriate. EPA strongly suggests a minimum of quarterly
communication  as a best practice for ensuring progress in meeting goals.

Where states are not meeting performance expectations established by this commitment, regions
should take action to ensure the highest priority systems are addressed.  Regions  should focus
oversight resources on the most pressing performance problems in states/territories and should
work to improve performance through these actions.

OECA will perform this oversight function with  respect  to direct implementation programs.
OECA will  engage  with regions on  a regular  basis to  ensure  that regions  are directly
implementing the program in Indian country, Wyoming, and the District of Columbia effectively
and applying the ETT and ERP as intended. EPA's direct implementation programs will consult,
as appropriate, with potentially impacted tribal governments when conducting inspections and
addressing noncompliance at tribal and non-tribal PWSs in Indian country.

4.  Improve Transparency

   OECA headquarters will report on progress in returning systems to compliance in  its annual
   national     compliance     report     posted     on     the    EPA     website     at
   http://cfpub.epa.gov/compliance/resources/reports/accomplishment/sdwa/

Compliance and enforcement data for all drinking water systems will be made available to the
public through the Enforcement and Compliance History Online website.

5.  Relevant Policies and Guidances

Additional information about OECA's SDWA and tribal programs can be found at:

       http://www.epa.gov/compliance/monitoring/programs/sdwa/index.html
       http://www.epa.gov/compliance/civil/sdwa/index.html
       http://www.epa.gov/compliance/resources/policies/civil/sdwa/drinking_water_erp_2009.
       p_df
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SECTION V: KEY PROGRAM PRIORITIES AND STRATEGIES TO ADDRESS
ENVIRONMENTAL PROBLEMS FROM WASTE, TOXICS, AND PESTICIDES
POLLUTION
A. Resource Conservation and Recovery Act (RCRA)

OECA's RCRA program addresses the management of solid and hazardous waste and
underground storage tanks (UST). For more information on the management of hazardous waste
under RCRA Subtitle C, readers are urged to review the RCRA Compliance Monitoring Strategy
(CMS) which provides detailed information about goals and measures, policies which allow
flexibility from OECA's expectations, program oversight, and other aspects of the RCRA
compliance monitoring program.

1.  Statutory and Regulatory Requirements

RCRA dictates minimum inspection frequencies for treatment, storage, and disposal facilities
(TSDF) - annually for TSDFs operated by state/local governments, and biennially for non-
governmental TSDFs. RCRA01 and RCRAOl.s apply to TSDFs owned or operated by non-
governmental entities, and to TSDFs owned but not operated by state/local/tribal governments.
RCRA03 applies to TSDFs operated by state/local/tribal governments. The inspections
performed under these RCRA commitments should be Compliance Evaluation Inspections
(CEIs).

COMMITMENT RCRA01: Project by State, and Indian country where applicable, the number
of operating non-governmental TSDFs, to be inspected by the Region during the year4.  Regions
must commit to inspect at least two  (2) TSDFs in each State or Indian country unless OECA
approves a deviation from this requirement.  For example, deviations are given for states with
small universes where it  might not make sense for  a Region to inspect two  TSDFs per year.
Financial responsibility is an important  component of the RCRA core program and should be
included as part of the inspection of each TSDF (although the financial responsibility reviews do
not have to occur at the same time nor be conducted by the same people who  conduct the field
inspections).

COMMITMENT RCRAOl.s: Project by State the number of operating TSDFs to be inspected
by the State during the year.

   •  The RCRA  CMS  establishes  minimum annual inspection expectations for TSDFs: The
      inspections for RCRA01 and RCRAOl.s should be CEIs. Only one inspection per facility
      counts towards this coverage measure.

COMMITMENT RCRA03:  Inspect each operating TSDF operated by states, local, or Tribal
governments.
4 Currently there is only one TSD in Indian country.
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COMMITMENT RCRA04: Project by  State and Indian country the number of financial
assurance mechanisms to be reviewed by the Region during the year.  Regions must commit to
review financial test and/or corporate guarantee submissions for compliance with the closure and
post-closure regulations at a number of facilities at least equal to the Region's commitment under
RCRA01. As an alternative, Regions may choose to conduct formal financial record reviews for
facilities that did not have a financial assurance review during the FY 2005-FY 2010 as part of
the national enforcement  initiative.   The financial  test/corporate  guarantee  compliance
evaluations or financial record reviews  may  occur at the same facilities being inspected under
RCRA01 or at different TSDFs.

The financial test/corporate guarantee compliance evaluations should take place within 90 days
after the facility's annual submission is received.

   •   Regions  should  ensure  continued   review  of  financial  test/corporate  guarantee
       submissions since they  present  the  greatest risk and are the  most  commonly used
       instruments.

   •   Regions are  expected to  focus  on  reviewing  the universe  of TSDFs not formally
       evaluated during the national  priority, and  on conducting in-depth reviews of financial
       test/corporate guarantee submissions.

   •   Regions are to coordinate with States to conduct these financial assurance reviews.

2.  Implement National Enforcement Initiatives

   The relevant FY 2011 - 2013 national enforcement initiative for RCRA programs is:

Reducing Pollution  from Mineral  Processing Operations:  Mining  and  mineral  processing
facilities generate more toxic and hazardous waste than any other industrial  sector, based on
EPA's Toxic  Release  Inventory.   Many  of these  facilities  have  impacted surrounding
communities and continue to pose high risk to human health and the environment. For example,
95 mining and mineral processing sites are on the Superfund National Priorities List and more
sites are being added every  year, including operating facilities. EPA has spent over $2.4 billion
to  address the human health  and environmental threats to communities, such as exposure to
asbestos  and lead poisoning in children, as a result of mining  and  mineral processing. In some
cases, EPA had to relocate families because of these threats, especially those to children in low
income communities. EPA has inspected 65 mining  and mineral processing sites that pose
significant risk to communities and found many to be in serious non-compliance with hazardous
waste and other environmental laws.  Contamination of groundwater  and potable water  has
occurred at many sites, sometimes requiring alternative drinking water  supplies or removal of
lead-contaminated soil from residential  yards.  In other cases,  toxic spills into waterways from
mining and  mineral processing caused  massive fish kills and impacted the livelihood of low
income communities. Some workers at mining and mineral processing  facilities  have been
exposed  to  spills and mismanagement of toxic and hazardous  waste.  EPA will continue its
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enforcement initiative to bring these facilities  into compliance with the law and protect the
environment and nearby communities.

OECA has  not  finalized  the  goals  and annual commitments for its  national enforcement
initiatives, but it is expected there will be approximately 13 mineral  processing inspections
required for 2012 nationally.

3.  Link with Top OSWER Priorities

OECA addresses top OSWER priorities for RCRA in the following ways:

   •   Recycling, Waste Minimization and Energy Recovery:  OECA maintains an overall
       enforcement presence in RCRA that supports OSWER in their work.

   •   Emergency Preparedness,  Implementing the EPAct Response and Homeland Security:
       OECA maintains an overall enforcement presence in RCRA that supports OSWER  in
       their work.

   •   Preventing Underground Storage Tank  Releases:  The RCRA  Subtitle  I enforcement
       program  is focused on ensuring facilities comply with the UST regulations.   These
       regulations require  facilities to monitor  UST systems to prevent leaks.  OECA's NPM
       guidance  fully supports OSWER's goal of preventing underground storage tank releases
       through the activities identified in section 4(b).

   •   Cleaning  up  Underground Storage Tank  Releases:   Regions should monitor for
       compliance with UST regulations. When leaks are found,  Regions  should assure leaks
       are addressed as described in the UST Section 4(b) program.

4.  Aggressively  Go After Pollution Problems That Make a Difference in Communities

       a. RCRA Program

Regions and States should inspect pollution problems that matter to communities, and develop
enforcement cases that produce significant environmental benefits.  Regions, in their oversight
and direct implementation roles, and authorized  States are expected to follow the guidance in the
RCRA CMS.  To enable States to address environmental problems of concern to communities,
States may utilize flexibility in the RCRA CMS to deviate from their large quantity generator
(LQG) requirements.   RCRA facilities may  cause air, surface  and groundwater  pollution.
Because  these  facilities  are frequently associated with  industrial  operations,  surrounding
communities are  often low income and minority.

Issues of emerging environmental concern to EPA and communities are listed here.  These focus
areas should be considered a high priority for Regions and States when developing strategies for
targeting compliance assurance work.  These  should also specifically be discussed between
States and Regions when developing plans for respective activities in the Region. The areas  of
concern are:


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   •   Surface Impoundments:  EPA, with support from States, continues to focus on problems
       associated with illegal disposal  of hazardous waste in unlined surface impoundments.
       There are thousands  of  industrial surface impoundments across the country, many of
       which adversely impact communities through  air, surface water, and/or groundwater
       contamination, particularly in the chemical manufacturing and petroleum refining sectors.

   •   Centralized Waste Treatment Facilities:  These  facilities conduct treatment of industrial
       solid waste from third-parties.   Through recent inspections, EPA has identified several
       such facilities that  were grossly  mismanaging  hazardous wastes, and  treating and
       discharging these wastes  without permits.

   •   Hazardous Waste Recycling Facilities:  EPA supports the environmentally beneficial
       recycling of hazardous wastes and secondary materials.  However, sham recycling and
       recycling not done in compliance with RCRA requirements  can result in significant
       adverse impacts to human health and the environment. This area of concern will include
       a focus  on zinc fertilizer manufacturing that uses hazardous  waste in the production
       process.

   •   Coke Manufacturing:  There are approximately 20 coke manufacturing facilities in the
       United States.   EPA has recently inspected and identified  multi-media compliance
       problems at some of these  facilities, including the illegal land disposal of hazardous
       waste. This sector produces  several listed and characteristic hazardous waste streams that
       are  excluded from RCRA if recycled without being land disposed.   EPA intends to
       conduct focused inspections  within this sector to ensure compliance.

   •   Waste Analysis Plans at  Commercial TSDFs:  EPA has conducted sampling at TSDFs to
       determine if the facilities' waste  analysis plans and  treatment of the waste were adequate.
       Based on the results  of the  sampling, concerns have been identified with the treatment
       and stabilization techniques  and  the sampling and analysis of hazardous waste treated to
       meet the Land Disposal Restriction (LDR) treatment standards for land disposal.

   •   RCRA Corrective Action:   To help achieve the RCRA Corrective Action 2020  Goals,
       EPA and authorized States should focus enforcement resources on facilities that have not
       made meaningful progress in achieving remedial objectives, and on financially marginal
       or bankrupt facilities. Regions  should use  the prioritization  scheme  set forth  in the
       National Enforcement Strategy for Corrective Action when assessing EPA-lead facilities
       and prioritizing facilities  for corrective action enforcement.

The Regions should:

•  Provide compliance assistance,  conduct compliance monitoring, and pursue enforcement to
   ensure that pollution problems that matter to communities are aggressively addressed.
•  Regions and states  are encouraged to  support  the OC's RCRA inspector  training
   development effort.
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•  Ensure  that state  and tribal  inspectors who inspect on behalf of EPA are trained and
   credentialed per Guidance for Issuing Federal EPA Inspector  Credentials to Authorize
   Employees of State/Tribal Governments to Conduct Inspections on Behalf of EPA (2004).

COMMITMENT  RCRA02:  Project by  State and Indian country, the number  of LQGs,
including those at federal facilities, to be inspected by the Region during the year. Each Region
must commit to inspect at least six (6) LQGs in each State, and 20% of the Region's LQGs
universe in Indian country, unless OECA approves a deviation from this requirement.  For
example, deviations are given for states with  small universes where it doesn't make sense for a
Region to inspect 6 LQGs per year or 20% of the Region's LQG universe in Indian country.  In
the Comment Section,  provide the number of federal facility LQG inspections.

COMMITMENT RCRA02.s:  Project by State the number of LQGs to  be  inspected by the
State during the year.  At least 20  percent  of the  LQG universe should be covered by combined
federal and State inspections unless an alternative plan is approved under the RCRA CMS.

The RCRA corrective action financial responsibility measure includes the review of financial test
submissions received by the States within each Region.  For those States that are not authorized
for corrective action, the Regions  should be reviewing the financial test submissions as part of
EPA's role of implementing and enforcing the corrective action program in  unauthorized States.
Regions conducting financial test/corporate  guarantee reviews  for the  RCRA  Subtitle  C
closure/post-closure regulatory program may also review any corresponding  corrective action
submissions as part of the completion of this program measure.

COMMITMENT OSRE04:  For 100% of the  financial test submissions  received each fiscal
year for corrective action with cost estimates over $5 million, determine whether the submission
is in compliance. Where the submission is noncompliant, take appropriate enforcement action to
address noncompliance (e.g., notice of violation). If possible, return facility to compliance by
end of fiscal year.

       b. RCRA Underground Storage Tank (UST) Subtitle I Program

A  major focus of the RCRA UST program is to maintain an enforcement presence concerning
leak prevention, leak detection, corrective action, closure, and financial responsibility violations.
EPA is committed to ensuring facilities operate underground storage tanks  (USTs) in a manner
that is protective of human health and the environment.   Agency  compliance assurance and
enforcement activities  will focus on those facilities posing the greatest risk to human health and
the environment.  Regional enforcement efforts  should ensure that  owner/operators of RCRA
Subtitle I regulated facilities properly prevent  and detect releases and take appropriate corrective
action when releases occur.

EPA directly  implements the UST program in Indian country in coordination with Tribes and
tribal consortia because RCRA precludes EPA from authorizing tribal UST programs.
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Authorized States have primary responsibility for  determining  facility compliance, ensuring
adequate inspection coverage of the regulated universe, taking appropriate actions in response to
non-compliance, and playing a vital role in alerting EPA to regulatory implementation problems.

Generally,  federal  compliance  assurance  and  enforcement  will  complement and  provide
oversight of  state  activities.   Although  States  with  approved  programs  have  primary
responsibility for monitoring compliance  and initiating enforcement actions against violators of
the UST requirements, Regions should inspect and  initiate federal  enforcement cases to
supplement and support state efforts.  Federal involvement or support can provide significant
benefits by addressing noncompliance from a national or corporate-wide perspective, facilitating
compliance efforts involving multiple States and/or Regions, and enhancing public awareness in
a broader, more national forum.

Regions should:

   • Target UST inspections that will produce the greatest environmental and human health
     benefits   (e.g.,  leak  prevention,  leak  detection,   corrective  action,  and  financial
     responsibility). Factors to consider in  identifying facilities for inspection  under the UST
     program include:

       •  Owners and operators of USTs located in Indian  country;
       •  Owners and operators with UST facilities in multiple states;
       •  Mid-level distributors with multiple UST facilities;
       •  Problem noncompliers; (i.e.; repeat violators; owners/operators who fail to cooperate
          in an effort to return to compliance);
       •  Owners and operators of facilities with USTs that endanger sensitive ecosystems or
       •  sources of drinking water; and
       •  Corporate, government-owned, and federal central fueling facilities.

   •   Regions are expected to take enforcement actions and assess penalties, as appropriate, to
       ensure  optimum deterrence effect  and compliance impact. Regions will consult with the
       States  on use  of the delivery prohibition,  when appropriate,  to address  significant
       noncompliance. It is recognized that this tool may not be an option for States and Tribes
       that do not have delivery prohibition programs or are  not State Authorized Programs.
       Focus on developing large complex cases involving noncompliance on  a  corporate-wide
       basis or noncompliance in multi-state operations.
   •   Focus on comprehensively evaluating corporate compliance and  fully developing cases
       involving  noncompliance on a corporate-wide  basis or noncompliance  that occurs at
       facilities located in multiple states.

5. Reset Our  Relationships with States

RCRA compliance monitoring is a collaborative effort between OECA, Regions, and authorized
States.  Each  of these entities  performs complementary but  distinct roles.   OECA provides
national program leadership, and oversight of Regional  and state programs, aimed at increasing
program effectiveness and national consistency.

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Regions and authorized states should:

   • Ensure the most serious environmental problems caused by noncompliance are addressed.
     Regions  should accomplish this  primarily through annual planning with States, State
     program oversight,  strategic and targeted federal inspections and enforcement in States,
     and through direct implementation in Indian country.  Regions provide capacity-building
     support to States on complex or multi-state issues; and consult with States to identify
     compliance problems that may warrant areas of national focus.  Regions should  meet and
     consult regularly  (for  example,  quarterly) with  each  authorized  State to  maintain
     communication  on  progress  towards  meeting  annual  permitting  and enforcement
     commitments, enhancing program performance and ensuring fairness and a level playing
     field.
   • Take action to ensure serious violations are addressed where states are not meeting
     performance expectations. Regions should focus oversight resources on the most  pressing
     performance problems in States and should work to demonstrably improve state
     performance through these actions. Regions need to take action where States are not
     addressing serious violations to communicate necessary improvements to state programs in
     order to achieve goals of the federal environmental laws and ensure a level playing field
     between States.
   • States  are encouraged to report to the regions and OECA, any patterns of noncompliance
     they may identify through their inspections or other activities.
   • Consistent with EPA's Policy  on Consultation and  Coordination with Indian  Tribes;
     OECA 's Guidance on  the  Enforcement Principles Outlined in the 1984 Indian Policy
     (January 17,  2007), the Regions should consult, as  appropriate, with potentially  impacted
     tribal governments when conducting inspections and addressing noncompliance at tribal
     and non-tribal facilities in Indian country.

RCRA Corrective Action

RCRA corrective action is implemented by EPA and 43  authorized States and territories.   The
National  Enforcement Strategy for Corrective Action (NESCA) encourages EPA and States to
continue  to work in partnership to achieve the 2020 Corrective Action goals and emphasizes the
need for close  communication and coordination between EPA  and States to meet this goal.
Regions  should be working closely with their State  partners to  implement NESCA.  NESCA
provides  guidance to Regions and States for targeting  enforcement efforts and to address special
considerations that arise in the enforcement arena, such  as  ensuring enforceable requirements
and deadlines in permits and orders are clearly identified  and included, dealing with companies
having financial difficulties,  using  CERCLA authorities, ensuring institutional controls are
effective  and enforceable and long-term stewardship requirements are met, and increasing the
transparency and community involvement  of enforcement  efforts.   OECA  will  continue to
provide training to both  Regions and  States on how to review financial test and  corporate
guarantee submissions for compliance. After 18 months of implementing NESCA, EPA and its
State partners plan  to assess the contribution of NESCA in achieving progress toward the 2020
Corrective Action Goals.  Necessary modifications to NESCA will be made and additional tools
and guidance documents may be developed as a result of this assessment.
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6.  Improve Transparency

At the end of the fiscal year or when otherwise available, OECA will make essential information,
such as the following, available to the public via OECA's web page, or by other means:

   •  Results of the State Review Framework;
   •  Results of the Annual Commitment reporting;
   •  Results and highlights of compliance assistance efforts; and
   •  Highlights  of significant EPA and State enforcement actions.
   •  Regions are  expected to use their own comparable existing  mechanisms to inform the
      public.  States are encouraged to do likewise.
   •  Compliance data should distinguish State information from Indian country information.
   •  Information should be made available to communities, including Tribes, who lack access
      to the internet.

7.  Relevant Policies and Guidances

Additional information about OECA's RCRA programs can be found  at:
      http://www.epa.gov/compliance/monitoring/programs/rcra/index.html
      http://www.epa.gov/compliance/civil/rcra.html
      http://www.epa.gov/compliance/cleanup

B. Toxic Substances Control Act (TSCA)

The Toxic Substances Control Act of 1976 provides EPA with authority to require reporting,
record-keeping and testing requirements; and restrictions relating to chemical substances and/or
mixtures; and the production, importation,  use, and disposal  of specific chemicals, including
lead-based paint, polychlorinated biphenyls (PCBs), and asbestos.

OECA addresses toxics problems through the following TSCA programs:
   •  TSCA New and  Existing Chemicals  Programs  (note: the term  New  and Existing
      Chemicals  Programs  describes  TSCA  section 4,  5, 6, 8, 12  and  13), Subchapter I,
      otherwise known as "core TSCA."
   •  TSCA Lead-based Paint (LBP) Risk Reduction Program
   •  TSCA Legacy Chemicals Program (PCBs and Asbestos Program which includes Worker
      Protection  Standards,  the Model Accreditation Plan Program and the  Asbestos Hazard
      Emergency Response Act (AHERA))

Beginning in 2012, the TSCA programs will be managed nationally as one program rather than 4
distinct programs.  The purposes of this change are to better leverage limited TSCA resources,
better coordinate enforcement activities across Regions and amplify the inspection and
enforcement presence.  How these goals will be accomplished is discussed in the specific TSCA
sections below.

For  Regional  ACS planning  purposes, Regions should target  their  2012  TSCA ACS
commitments using  a baseline of the last 3 years  of their cumulative TSCA  accomplishments

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(combined  lead, new and existing chemicals,  PCBs,  and asbestos activities).  If FY10 was
representative of the last 3 years of activity, it can be used as the baseline. Regions are expected
to have some investment in the TSCA program annually.   The regions should then apply the
following recommended resource allocations:

The Regions should then apply the following recommended  resource allocations:

       •  60% of Regional inspections/enforcement actions should focus on lead based paint
          with the majority being the Renovation, Repair and Painting (RR&P) rule.
       •  25% of Regional inspections/enforcement actions should focus  on PCBs including
          used oil;
       •  10% of Regional inspections/enforcement actions (for invested  Regions)  for New
          and Existing Chemical should focus on Action Plan Chemicals  or other  targeted
          priorities;
       •  5% of Regional inspections, should focus on asbestos in schools and commercial and
          state buildings in states without the Occupational Safety and Health  Administration
          (OSHA);
       •  The  region can deviate from  this proposed allocation  by up to 10% to allow for
          flexibility for an investment in regional priorities (i.e., Region 5 PCBs in natural gas,
          Region 2 PCBs in schools, etc.).
       •  If flexibility beyond the recommended allocations above is needed, Regions should
          contact OC to discuss.

COMMITMENT TSCA01: Project the number of FY2012 TSCA inspections.
1.  Link with Office of Chemical Safety, Pesticides, and Prevention's Top Priorities

OECA addresses the Office of Chemical Safety, Pesticides, and Prevention (OCSPP) priorities
for TSCA programs in the following way:

   •   Reduce Lead Risks:  OECA provides overall direction to Regions and authorized states,
       territories and tribes to promote compliance with all of the LBP rules with a significant
       focus on the (RRP) rule.
   •   Assess and Reduce Risks from  New and Existing Chemicals:  OECA focuses on
       compliance with  TSCA Section 5 with a particular focus on short chained and other
       chlorinated paraffins, and other priority or Action Plan chemicals.

2.  Aggressively Go After Pollution Problems That Make a Difference in Communities

TSCA's enforcement programs are significant to communities because they address chemicals
that can pose serious risks to human health.  Lead-based paint is particularly dangerous to
children: exposure may cause reduced intelligence, learning disabilities, behavior problems and
slowed physical development. Because LBP is found in pre-1978 buildings, it is more common
in  communities predominated by older housing, which usually are low-income, minority and EJ
communities.  Asbestos in schools, if not properly managed, can expose children, teachers and

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other school staff to harm that may not manifest for years.  PCBs bioaccumulate and thus cause a
variety of adverse health effects. Asbestos and PCBs are also generally found in older buildings.
Additionally, PCBs are  generally  found in older transformers, capacitors and some hydraulic
equipment and more recently in recycled and used oil. Inappropriate abatement and disposal of
asbestos and PCBs  can be dangerous.

A national compliance monitoring strategy (CMS) for the TSCA program is being developed in
FY2011 that will include monitoring expectations, including ACS commitments, for regions in
FY2012.  The CMS will  cover all aspects of the TSCA compliance program.

       a. TSCA New and Existing Chemicals Programs

The TSCA New and Existing Chemicals Program is exclusively a Federal program that provides
for review of the toxicity of chemicals prior to their manufacture and importation to prevent
unreasonable risk to human health and the environment.  To  assist the regions in  targeting
inspections,  OECA commits to working with  OCSPP to obtain lists of facilities for  targeting
inspections.  Regions implementing the New and Existing Chemical Program should:

•  Focus TSCA compliance activities on chemical manufacturing, distribution, processing, use,
   or disposal in emerging technologies and/or use of new chemicals.
•  Through inspections and enforcement actions as appropriate, focus on ensuring facility
   compliance with:

       o   TSCA 5 - new chemicals  requirements such as Pre-manufacturing Notice (PMN);
          Significant New  Use Rules (SNUR's); Low Volume Exemptions (LVE's), and on
          chemicals of concern including short  chained and other chlorinated  paraffins, and
          other priority  or Action Plan chemicals  or targets.

•  Target existing  chemical reporting and record keeping requirements such as s TSCA 8(c),(d)
   and(e) and the Inventory Update Rule;
•  Evaluate and prioritize tips and complaints  and  follow-up  as  appropriate.  Targeting for
   future inspections based  on  credible leads  from tips and  complaints  should also be
   considered.   Regions implementing this  program  are also expected to  follow-up  on all
   referrals  received  from headquarters,  States,  Tribes,  and  the public.    Regions  not
   implementing this program should  refer  tips and  complaints the Waste and Chemical
   Enforcement Division within the Office of Civil Enforcement.
•  Obtain information through  inspections and/or subpoena as appropriate. Initiate civil
   enforcement actions,  as appropriate, to bring facilities into compliance.

       b. TSCA Lead Risk Reduction Program

Recent data show that tremendous progress has been  made in the continuing effort to eliminate
childhood lead poisoning as a public health concern. Based on data from the Centers for Disease
Control (CDC), EPA has measured progress by tracking reductions in the number of children
with elevated blood lead levels  (EBLLs) of 10 micrograms per deciliter or higher.  Data released
in 2009 by the CDC indicate that the  incidence of childhood lead  poisoning, as defined above,
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has declined from approximately  1.6 percent of children in 2002 to 0.9 percent of children in
2006.

At the same time, however, new data are revealing adverse health  effects to children at lower
lead levels than previously recognized.  Thus, even though initial gains have been encouraging,
EPA wishes to achieve further reductions in the incidence of children with these lower, but still
significantly elevated BLLs.  Monitoring and enforcement efforts to promote compliance with
LBP rules, particularly the RRP  Rule, advance  the goal  of eliminating and preventing LBP
hazards, which are the primary single cause of childhood lead poisoning. These efforts, thereby,
support the Agency's mission to eliminate childhood lead poisoning.

Authorized states, territories, tribes, and Regions are expected to:

•  Participate in  and support the  national  RRP compliance/enforcement strategy  (under
   development).   The  strategy  establishes  a sequence  of  coordinated  activities aimed  at
   promoting compliance among specific sectors of the universe regulated by the RRP Rule, and
   the pre-renovation education rule (PRE Rule)(§ 745.84), which  is a component of the RRP
   Rule.  In implementing  the national strategy, Regions are expected to focus their RRP/PRE
   efforts in high-priority  geographical areas  with significant or wide-spread childhood  lead
   poisoning (e.g., lead "hot spots").  Also, in those geographical areas, Regions should employ
   integrated strategies to monitor, enforce and achieve compliance with the other components
   of the LBP program: the § 1018 disclosure rule (745  Subpart F), and § 402(a) abatement rule,
   as appropriate for the Region and state/tribe.

•  Also, Regions should:

       o  Conduct at least 60 percent of LBP inspections for compliance with pre-renovation
          education (PRE)  requirements  (§ 745.84),  RRP  recordkeeping  and reporting
          requirements (§745.86), or work practice standards through on-site inspections (§§
          745.85 and 745.227).
       o  Conduct no more than 40 percent of LBP inspections for the § 1018 disclosure rule (§
          745 Subpart F).
       o  Section  1018-only  inspections  should  be  minimized, and  linked with  other LBP
          compliance  inspections whenever  practical, to  provide a  more  comprehensive
          approach to addressing  compliance with all applicable LBP regulations.
       o  Initiate civil enforcement actions, as appropriate, and whenever necessary to protect
          communities by addressing and ultimately resolving violations of the RRP rule, PRE
          Rule,   Disclosure Rule, work practice standards  (§§  745.85  and 745.227),  and
          recordkeeping  and reporting requirements (§§ 745.86 and 745.227(1)).
       o  Regions  should work with authorized states and tribes to ensure they are familiar with
          national guidance and implement their programs  consistent with the guidance.

In addition, Regions should:

•  Conduct targeting consistent with the national RRP strategy, including the identification of
   geographical  lead poisoning hot spots.


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•  In areas where Regions conduct integrated strategies as part of the national RRP strategy or
   otherwise,  include methods to better target compliance activities, such as partnering with
   state/tribal  and local health departments and health care providers to identify lead hot spots
   and individual properties associated with EBLL children.
•  Work with their LBP program counterparts to encourage states/tribes to seek authorization
   for the RRP program.
•  Conduct appropriate oversight of authorized state/tribal Section 402 and 406 programs.
•  Because of variations in  housing arrangements at federal facilities, particularly  at  some
   military bases, regions should closely investigate the applicability of the LBP regulations to
   the particular facilities housing.

       c. Legacy Chemicals Program (PCBs and Asbestos)

The  Legacy  Chemicals Program  attempts to  lessen chemical risk and  exposure  through
reductions in use and  safe removal,  disposal and containment  of certain prevalent, high-risk
chemicals, known generally as legacy chemicals.  Some of these chemicals were used widely in
commerce and introduced into the environment before their risks were known

TSCA PCBs

PCBs are a persistent toxin (PBT) that bioaccumulates in food chains and poses serious risks to
human health  and  the environment.   Although PCB manufacture is  banned, certain uses
(transformers/capacitors) continue to be allowed under conditions which ensure that PCBs  are
managed properly and  not released into the environment. PCBs have also been identified in
building  materials (caulk,  paint, and insulation) and electrical equipment (fluorescent light
ballast capacitors and potting materials) used in schools, raising concerns over potential exposure
to school children, teachers, and other school staff.  PCBs (including export for disposal) are of
international concern. In 2012, Regions are encouraged to identify, inspect and take enforcement
action  on used or recycled oil containing PCBs.  Over the past several  years there has been a
significant quantity of fuel and other oil containing PCBs due to improper management.  For this
reason, we are  suggesting targeting PCBs in oil.

Regions are expected to:

   •   Follow-up on tips and complaints based on potential risk, including spills.  Response may
       include referral to States that have TSCA PCB compliance monitoring grants for further
       investigations.
   •   Use targeting tools to identify the most important PCB sources, including PCBs  in oil, to
       conduct inspections in each  state  and  Indian country, including use of screening
       tools/approaches, such as the Environmental  Justice Strategic Enforcement Assessment
       Tool (EJSEAT), and other information, such as community input.  For States with TSCA
       PCB grants, investigative work may be provided by the State rather than EPA.
   •   Each comprehensive strategic  plan should describe at a minimum, how the Region will
       cover all significant PCB commercial storage  and disposal  facilities within the plan's
       cycle.   These inspections may  be conducted in conjunction with RCRA TSD inspections
       provided the inspector comprehensively evaluates compliance with both programs.

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       Continue to implement use of PCB Tablets and PCB inspection software in inspections.
TSCA Asbestos

Asbestos may be present in schools and, if disturbed and released into the air, poses a potential
health  risk to school children, teachers, custodial staff, and others in the school.  There are no
immediate symptoms of exposure; health effects may manifest 15 or more years after exposure.
EPA requires Local Education Agencies (LEAs) to inspect for asbestos. When asbestos is found,
LEAs  must provide notification to parents and teachers, develop  and implement management
plans so that asbestos is not disturbed, or is properly removed,  during renovations or other
activities (i.e., drilling to install electrical or communications lines).

In addition, the TSCA asbestos worker protection regulations offer protection for certain state
and local  government employees who are not protected by the Asbestos Standards of OSHA.
Employees who  are  involved  in asbestos related  construction  activities,  certain  custodial
activities,  or certain activities associated with asbestos-containing brakes and clutch plates are
employed in occupations that pose an increased risk of potential exposure to asbestos.  State and
local government employers must ensure that the employees engaged in these potential asbestos
exposure activities comply with applicable OSHA standards in order to ensure their employee's
safety  and minimize the potential  for exposure to asbestos fibers while performing their job
functions.

Authorized States, Tribes, and Regions are expected to:

   •   Within  a  reasonable period  of  time,  investigate and   respond  (including  taking
       enforcement action where appropriate) to any tips/complaints containing allegations that
       provide  a reasonable basis to believe that a  violation  has occurred.  Response may
       include referral to States  that have TSCA asbestos compliance monitoring grants.
   •   Conduct inspections and take appropriate enforcement action in each State and in Indian
       country to assure equitable protection and ensure compliance with the TSCA asbestos
       regulations.   State inspections under  the TSCA Asbestos/AHERA grant  can provide
       coverage for those States instead of the Region.
   •   States that have "waiver" status should enforce under their state law.  States that are "non-
       waiver"  will  forward their  inspection reports to  the  regional office for appropriate
       enforcement action, as necessary.

In addition, Regions are:

   •  Encouraged to conduct compliance inspections (as an alternative to inspections of LEAs)
       at  state and local government facilities to monitor compliance with the asbestos worker
       protection requirements  in states where state  and local government employees are not
       protected by the Asbestos Standards of the OSHA;
   •  Encouraged to coordinate, as appropriate,  TSCA  asbestos  inspections at LEAs with
       inspections being conducted under other TSCA programs (e.g.,  lead, PCB in caulk)
       and/or CAA asbestos NESHAP inspections;
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   •  Encouraged to provide adequate oversight of state/tribal programs; and
   •  Encouraged to target inspections at LEAs with: building stock of an age that is more likely
       to contain asbestos, particularly those that are undergoing renovation or energy efficiency
       upgrades that may disturb asbestos; at LEAs that have never been inspected; at LEAs that
       have not been inspected within the past ten (10) years; at LEAs that have previously been
       found in violation and/or been subject to enforcement action; and at private, religious,
       and charter schools.  Websites for TSCA Asbestos Information on LEAs:
          o  Department of Education - Public School LEAs:
             http://nces.ed.gov/pubs2010/pesagencies08/tables.asp
          o  US  Charter  Schools  -  Current   number  of Charter  Schools,   by  State:
             http://www.uscharterschools.org/pub/uscs_docs/sp/index.htm
          o  Parochial School and Diocesan Locator:
             http://www.ncea.org/news/SchoolDiocesanLocator.asp and
             http://www.catholicusa.com/catholic schools online/catholic schools.htm

   • Required to ensure that state and tribal inspectors who inspect on behalf of EPA are trained
     and credentialed per Guidance for Issuing Federal EPA Inspector  Credentials to Authorize
     Employees of State/Tribal Governments to Conduct Inspections on Behalf of EPA (2004);
   • For  inspections conducted with EPA  credentials, review  and  provide  feedback  that
     addresses the quality of the inspection/reports and the action taken by the Region, if any.

3.  Reset Our Relationships with States

The Regions should work with States and Tribes to identify any obstacles to implementation of
the expectations above and work to resolve them.  This includes convening routine and regular
meetings between the Region and States to discuss progress towards meeting annual program
and  enforcement commitments,  and  how  the  State has  been  performing  overall  in  its
implementation of the program.

The Grants Administration Division issued guidance for the TSCA grants program that becomes
effective on October  1,  2012.   This guidance requires that negotiated grant workplans
prominently display the following three Essential Elements: Essential Element 1 - Strategic Plan
Goal; Essential  Element 2 -  Strategic Plan Objective; and Essential  Element  3  -  Workplan
Commitments plus time frame.  Regional Program Offices must electronically enter workplans
and progress report information into an IT application currently being developed.

Where States are not meeting performance expectations, Regions should take action to enforce to
address serious  violations.  Regions  should  focus oversight resources to the  most pressing
performance  problems  in States  and should work to  demonstrably improve state performance
through these actions.   OECA and the Regions will  use  a variety of mechanisms to  ensure
adequate oversight,  including regular meetings  and  consultations with  States/Tribes, grant
reviews and oversight inspections.

Regions should provide:
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   •   Regional updates on actions and outcomes through discussions with OECA (generally,
       through existing channels of communication).
   •   Assurance that authorization agreements, which authorize employees of state and tribal
       governments to conduct inspections on EPA's behalf,  are in place with States and Tribes
       that  receive  TSCA  Compliance   Monitoring  grants for  PCBs,  and  that  training
       requirements are met.
   •   Review of state inspection reports, feedback to  States, and enforcement actions  as
       appropriate,  where  inspections  are  conducted  by  States with EPA credentials.
       Additionally, Regions should provide reports to OECA in accordance with Guidance for
       Issuing Federal EPA  Inspector Credentials  to  Authorize  Employees  of State/Tribal
       Governments to Conduct Inspections on Behalf of EPA (2004).
   •   Consultation with Tribes on the central role that enforcement and compliance plays in
       EPA's direct implementation program and oversight of approved tribal programs.

On a program specific basis:

   a. TSCA Lead-Based Paint Program  (LBP)

  To ensure national consistency, OECA's role is to provide appropriate oversight of Regional
  LBP programs.

   •   Regions should focus primarily on State/Tribal program oversight and capacity-building
       to ensure  States and  Tribes are appropriately using tools to help ensure compliance, and
       more importantly, integrating those tools to help effectively reduce elevated blood lead
       levels (EBLLs) and LBP hazards  in identified  "hot spots"; support  States/Tribes on
       complex  or  multi-State/Tribal  compliance issues; and consult with  States/Tribes  to
       identify issues that may warrant areas of national focus in federal jurisdictions.

   b. PCBs

   •   Obtain early phase-out of PCBs as a condition of settlement.
   •   Continue the use of electronic technology in the field.

   c. TSCA Asbestos

   •   Encourage States and Tribes to develop their own regulations and apply for a "waiver"
       where applicable.
   •   Ensure  that  authorization agreements, which authorize employees of state  and tribal
       governments to conduct inspections on EPA's behalf, are in place with states/tribes that
       receive TSCA Compliance Monitoring grants for TSCA Asbestos (non-waiver states
       only).

4.  Improve Transparency

The Regions should:
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   •   Work with the States  and Tribes using EPA credentials to ensure that  the data on
       inspections they conduct on EPA's behalf is input into national databases.   For waiver
       States, ensure compliance and enforcement data are provided in aggregate form as part of
       midyear and end of year evaluation reports. (Not applicable to lead program.)
   •   Enter all federal inspections (including ICDS) and enforcement cases into ICIS.
   •   Publicize regional enforcement actions taken through press releases.
   •   Distinguish state compliance data from Indian country information.
   •   Make information available to communities, including Tribes, who may lack access to
       the internet.

5.  Relevant Policies, and Guidances

Additional information about OECA's TSCA programs can be found at:
       http://www.epa.gov/compliance/monitoring/programs/tsca/index.html
       http://www.epa.gov/compliance/civil/tsca/index.html
       http://www.epa.gov/compliance/monitoring/programs/tsca/asbestoes.html
C. Federal Insecticide, Fungicide and Rodenticide Act (FIFRA)

EPA  and the public rely  on pesticide  manufacturers  and formulators to provide accurate
information about pesticides and associated risks.  Unregistered and ineffective pesticides,
as well as products making false or misleading public health protection claims, pose a potential
public health  threat when the public makes inappropriate choices based on inaccurate  or
misleading information.  Products used in agricultural or structural pest control settings may pose
health risks to those working with or exposed to those chemicals.

A major focus of EPA's FIFRA program is to ensure compliance by pesticide registrants and to
provide assistance, training, and oversight to States and Tribes carrying out FIFRA related
compliance and enforcement activities under  cooperative enforcement agreements. The statute
gives States  primary compliance  monitoring and enforcement  responsibility  for the use  of
pesticides within their respective jurisdictions. Under FIFRA, EPA directly implements primary
use enforcement responsibility in Indian  country.  However, through enforcement agreements
with EPA, Tribes are allowed to enforce similar provisions under their own tribal codes.
1.  Link with Top Office of Pesticide Programs Priorities

OECA addresses top Office of Pesticide Programs (OPP) priorities for the FIFRA program in the
following ways:

•  Effective Management  of State and Tribal Grants/Cooperative Agreements:   The FIFRA
   State and Tribal Assistance Grant  (STAG) Program  seeks to assist states, territories, the
   District of  Columbia  and Indian  tribes  in developing and maintaining comprehensive
   pesticide programs that address all aspects of pesticide enforcement and  special  pesticide
   initiatives, to sponsor cooperative surveillance, monitoring and analytical procedures, and to

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   encourage regulatory activities within the states and tribes.  OECA addresses this priority in
   its State Grant Guidance, issued jointly with OPP.

•  Pesticide  Occupational Worker Safety:   FIFRA's Worker Protection Standards provide
   critical protection to certain workers and handlers of pesticides in  agricultural, nursery,
   greenhouse, and forestry occupations. OECA addresses this priority in both the State Grant
   Guidance and by including aspects of this priority in  both the Fumigant/Fumigation and
   Worker Safety focus areas of the NPM guidance.

•  Pesticide  Container-Containment  Regulation  Implementation:    Regulations  covering
   pesticide  container  and containment requirements are still  being phased  in and  most
   states/tribes are  actively engaged in outreach and compliance  assistance activities.  OECA
   addresses this priority in its State Grant Guidance and has included it as a focus area in the
   NPM guidance.

•  Pesticides and  Water  Resource  Protection:   Protecting  water bodies from  pesticide
   contamination helps assure the safety of those water resources.  OPP has focused regulatory
   efforts, including establishing restrictive use requirements, on key pesticides of concern. In
   addition,  a court ruling determined pesticides used  in aquatic  settings are  not  exempt from
   regulation under NPDES.  Activities are underway to develop a process to bring pesticide use
   into compliance with the NPDES regulations.   OECA recognizes  protection  of water
   resources from  pesticide contamination is important  and,  as part of its core pesticides
   program,  encourages the Regions to support State efforts to monitor compliance and enforce
   against noncompliance.

•  Antimicrobial Hospital Disinfectants Efficacv/Misbranding:    This  area  directly impacts
   public health by ensuring the safe and effective  use  of disinfectants in hospitals. OECA has
   been cooperating with OPP for several years in this effort and will take enforcement action
   on products that fail efficacy testing, taking action  in accordance with the December 2009
   FIFRA Enforcement Response Policy.  OECA will continue  to  support  the antimicrobial
   testing program through the core FIFRA compliance monitoring and enforcement program.

•  Soil Fumigation Compliance Assistance:  Due to a re-evaluation of the risks associated with
   the use of soil fumigants, OPP has required changes to product labeling and  use directions for
   highly toxic pesticides.  In addition to compliance monitoring and enforcement relating to the
   use of all fumigants, including soil  fumigants, OECA is specifically addressing this priority
   in the  NPM guidance through encouraging outreach/compliance  assistance  activities to
   support implementation  of the new label changes  for  soil fumigants.  Soil fumigation is
   included in  both the Fumigant/Fumigation and Worker Safety focus areas.  OECA's State
   Grant  guidance also addresses soil fumigation through  outreach, education, and compliance
   activities.

2.  Aggressively Go After Pollution Problems That Make a Difference in Communities

EPA will  ensure compliance with and effective enforcement of FIFRA regulatory requirements.
The  core  program should include compliance  and enforcement  activities  covering: pesticide

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registration  and  labeling,  data  quality  requirements  (FIFRA  Good  Laboratory Practice
Standards), efficacy  and compositional integrity of hospital  disinfectant products,  pesticide
producing establishment registration and annual production data reporting, import and export
requirements, and registrant reporting of unreasonable adverse effects.  The core program also
supports efforts to protect human health and the environment, including water resources, through
support and oversight of state and tribal monitoring and enforcement of pesticide use/misuse.

In conducting this work, Regions are expected to place special emphasis on the key focus areas
identified below.  All Regions are expected to participate in Mandatory Focus Areas A and B
and to choose one additional  area of participation  from Optional Focus Areas  C through F.
(State  and  tribes with cooperative  enforcement agreements  may  also  become involved in
supporting these activities,  as  appropriate, by  including relevant  activities in their negotiated
cooperative agreements.)

Mandatory Focus Area A: Imports

EPA's enforcement program continues to address the illegal importation of noncompliant
pesticide products into the United States by bringing enforcement actions against importers and
others; providing compliance assistance to manufacturers, importers and brokers; and working
with other governments, agencies and stakeholders to prevent and reduce risks of unsafe
products entering our country.

Importation of pesticides and devices is governed by FIFRA Section 17(c).  All imported
pesticides intended for use in the United States must be registered as required by Section 3 of
FIFRA before being permitted entry into the U.S. Pesticide devices that are imported, although
not required to be registered, must be produced in a registered producing establishment, and must
not bear any statement, design, or graphic  representation that is false or misleading in  any
particular. Pesticides and devices must be properly labeled in accordance with FIFRA and Title
40 of the Code of Federal Regulations, Section 156. When importing  pesticides or devices to the
U.S., the importer must submit to the appropriate EPA regional offices on EPA Form 3540-1
"Notice  of  Arrival   (NOA)  of  Pesticides   and  Devices."   Department  of  Homeland
Security/Customs and Border Protection (CBP)  regulations prohibit the importation of pesticides
without a completed Notice  of Arrival (NO A).

Illegal  pesticide imports include a wide range of products, such as naphthalene mothballs and
related products (moth tablets, clothes hangers and urinal cakes), chlorine pool disinfectants,
insecticidal chalk, roach killers, mosquito coils and rat poisons. Illegal pesticide imports, which
can present significant human health and environmental risks; have been linked to poisonings of
children and pets resulting from use of these products.

EPA Regions will be the primary source of inspections and enforcement for this focus area.
States may become involved through Region-to-State referrals to monitor import compliance, or
States may encounter imported products during the course of their other compliance monitoring
inspections.  EPA should make their States aware of EPA's strong interest in import compliance
and be should encourage them to cooperate and collaborate with EPA when situations warrant.
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Regions should work with U.S. Customs and Border Protection (USCBP) to identify pesticides
and/or pesticide devices in violation of FIFRA and prohibit illegal imports from entering the U.S.
channels of trade.  Regions  should  conduct pesticide import inspections based on identified
targets at  border  crossings and other ports of entry, conduct sweeps and take samples, when
appropriate.

In addition, Regions should:

•  Monitor import compliance through inspections at the designated destination point  for the
   imported products.  Such inspections would be conducted after the imported pesticides have
   cleared U.S. Customs and have entered into the country.
•  Place special emphasis on compliance in Foreign Trade Zones.
•  Focus  on importers with a history of noncompliance or significant importation activity from
   countries frequently associated with noncompliant shipments.
•  Screen for potential discrepancies concerning country of origin sources for active ingredients
   used to produce registered pesticides while reviewing Notices of Arrival (NOAs).  Where
   potential discrepancies are noted,  follow-up production establishment inspections (PEIs) may
   be warranted to further investigate the matter.
•  Conduct educational campaigns in urban neighborhoods that are at high risk for using illegal
   imports to facilitate reporting of tips/complaints from the public about the sale/distribution of
   illegal pesticide imports.
•  Take  enforcement actions,  as  appropriate,  to ensure  optimum  deterrence  effect and
   compliance impact.
•  Address noncompliance by taking enforcement action against violating import shipments and
   then, when appropriate, develop cases that address corporate-wide noncompliant behavior.

Mandatory Focus Area B: Supplemental Registrations

Supplemental registrations are a continuous source of concern for regulators across the country.
States, which conduct thousands of marketplace inspections each year, have raised concern over
these labels for  years,  citing them as a  major  source of  noncompliance.   Supplemental
registrations are distributor labels approved for marketing as a sub-registration to a registered
pesticide.  These products are marketed by the distributors using labels that are slightly modified
versions of the base product label. Although required to be consistent with the labels of the basic
registered products, distributors have frequently deviated substantially from the accepted labels.
Such unapproved revisions  to   the labels and product  labeling can lead to  misuse and
misapplication as well as pose significant risks to the users who rely on product labels to inform
them about proper and safe pesticide use.  These labels have  not  historically been  closely
monitored  through the Agency's pesticide registration process.  Due to the potential risk
associated with the use of improperly labeled pesticides, it is important that  EPA  aggressively
pursue compliance for supplemental registrations.

Supplemental registrations have been issued for a wide range of pesticide products, including
agricultural chemicals, pesticides used for residential pest control, lawn and garden pesticides, as
well  as  for disinfectants and other antimicrobial products.  They also represent pesticides in
every toxicity category from Tox 1 Restricted Use Pesticides to minimal risk products.
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To address noncompliance in this focus area, emphasis will be placed on targeting registrants
with a large number of  current supplemental registrations or registrants marketing  Tox  1
category  pesticides under  distributor brand name labels and doing a comprehensive review of
those distributor label products.  Product compliance will be determined through comprehensive
review of product labels and labeling and product chemistry, when appropriate.

Each Region will  conduct PEIs and other marketplace inspections, as appropriate, and  as
coordinated with the states, to monitor compliance in this focus area.  States may wish to
participate, too, and can be a significant source of information about noncompliant supplemental
registration products.

Regions  should monitor for label/labeling compliance, product composition, and compliance
with the provisions as described in to 40 CFR § 152.132, including the restrictions on where and
how a  supplemental  distributor pesticide may be  produced and packaged. This should include
any contract manufacturing agreement(s) that should be in place.

Enforcement actions  should be developed  to address corporate-wide compliance and not focus
on a single product noncompliance. In addition, Regions should coordinate with the Office of
Civil Enforcement's  Waste Chemical  Enforcement  division and other Regions in developing
corporate-wide cases.

Regions are expected to take enforcement actions, as appropriate, to ensure optimum deterrence
and compliance impact.

Optional Focus Area C: Fumigants/Fumigation

Fumigants are a class of highly toxic pesticides that are efficacious in a gaseous stage, making
them very hazardous  to handle and use.  These products have a wide range of application use,
including treatment of residential structures, warehouses, transportation vehicles, grains and
other agricultural commodities, and soil. Improper or inadequate use directions and safety
precautions on the product labeling and improper use of these products often result in serious
exposure incidents potentially leading to death or hospitalization. Due to the potential risk
associated with fumigant use, it is critical that EPA and the States work collaboratively to
proactively monitor compliance with existing product labeling requirements,  as well as proper
use of fumigant products.

In FY2008, OPP released a Reregi strati on Eligibility Decision (RED) that requires important
label changes incorporating significant new safety measures for soil fumigant pesticides to
increase protections for agricultural handlers, workers and bystanders (e.g., people who live,
work, or otherwise spend time near fields that are fumigated).  The RED addresses the fumigant
pesticides chloropicrin, dazomet,  metam-sodium/metam-potassium (methyl isothiocyanate), and
methyl bromide. Labeling changes required by the RED started appearing in the market place
in 2010,  although  EPA has delayed  implementation of the second phase of required label
changes.  Consistent with OPP's fumigant initiative, outreach and compliance monitoring will be
promoted to make users aware of future labeling changes for soil fumigants.
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Although the Soil Fumigant RED addresses significant regulatory changes for those products and
will require a focused effort to ensure compliance with the new safety requirements, the NPM
Guidance's  fumigants/fumigation focus area is not primarily  targeted on  soil fumigant use
compliance.   Instead,  this  focus  area  encompasses  product  regulatory  compliance  and
use/application  compliance  for all areas  of fumigation including structural  (residential and
commercial), transportation  vehicles and containers, soil, agricultural commodities,  and other
products.

Targeting should consider production factors (facility location, production volume, and product)
as well as use/application factors (use patterns of concern and volume/frequency of use).  For
FY2012, participating  Regions are  expected  to  implement one  or more of the compliance
monitoring approaches identified below and to initiate appropriate enforcement actions.

EPA has primary responsibility for  monitoring compliance and initiating enforcement action
against violators of pesticide user requirements where states lack primacy and in Indian country
unless a Region and a tribe maintain a cooperative enforcement agreement.  In addition, States
have primary responsibility for monitoring compliance and initiating enforcement action against
violators of pesticide use requirements (referred to as  "primacy).  Regions  are encouraged  to
determine whether there  are opportunities for federal cases to support state efforts and initiate
federal cases that  arise in Indian country. Federal involvement or support can provide significant
benefits by  addressing noncompliance from a national corporate-wide perspective, facilitating
compliance efforts involving multiple States and/or Regions, and enhancing public awareness.

OECA will work with OPP to obtain FIFRA Section 6(a)(2) information across a broad class of
pesticide fumigants including structural, grain, and soil, among others. Section 6(a)(2)
information, together with information regarding fumigant incidents from the States, press and
other available sources, will help target fumigant uses where an enforcement monitoring
presence may significantly deter future violations.

Regions  should work with  their  States to identify  federal  and state PEI opportunities, with
special emphasis placed on the priority fumigants frequently involved in exposure incidents (i.e.,
sulfuryl fluoride,  methyl bromide, aluminum  phosphide, zinc  phosphide, metamsodium, and
chloropicrin).  State PEIs can be applied toward meeting negotiated PEIs commitments within
existing cooperative  agreements.  PEIs conducted by regional inspectors will  continue to help
build  regional  expertise.   Physical  sampling and analysis and  documentary sampling  is
encouraged. Physical samples of fumigant gases should not be taken; only documentary samples
of the labeling,  container, and other appropriate materials should be sampled.  Physical samples
of non-gas fumigants can be sampled  and analyzed.

Regions  should work  with their  States  to  identify opportunities  for  fumigation use/misuse
inspections  in a  variety  of venues,  with special emphasis on those use patterns frequently
associated with exposure incidents (i.e., residential buildings, commercial grain elevators and
granaries, on-farm granaries,  seed warehouses, and agricultural crop soils). Where appropriate,
these  State  inspections may  be applied toward negotiated  cooperative agreement use/misuse
inspection commitments.
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When monitoring compliance in application settings subject to FIFRA's Worker
Protection Standards (WPS), such as on-farm use of grain or soil fumigants, compliance with the
WPS labeling requirements should also be monitored.

Consistent with the State Grant Guidance, States should conduct education, outreach
and compliance assistance activities for communicating the new labeling requirements for soil
fumigants.  Although implementation of the soil fumigant RED labeling requirements will focus
on training  and  compliance assistance through  FY2012,  in instances  of  misuse or abuse,
appropriate enforcement response should be taken.

EPA should engage in each of the above actions where the Region directly implements the
FIFRA program, including in Indian country.

Enforcement actions should be pursued under both  State and Federal authorities, as appropriate.
Similarly, EPA will pursue enforcement actions under FIFRA when noncompliance arises in
Indian country. Significant use or product compliance violations discovered during state or tribal
investigations  should be considered  for referral to  EPA  for  federal  enforcement,  when
appropriate.   Regions  should  work  with States  and Tribes  to  identify opportunities within
existing cooperative agreements for federal involvement or case support (particularly in cases
involving human  exposure, death, or other serious non-compliance). Headquarters will provide
assistance,  as  needed, to  States,  Tribes, and Regions  in support of  enforcement actions.
Headquarters will develop a plan to coordinate filing of enforcement cases to ensure optimum
deterrence effect and compliance impact.

Optional Focus Area D:  Worker Safety

Agricultural farm workers and pesticide applicators face a disproportionately high risk of
exposure to pesticides (from mixing, loading and applying pesticides; hand labor tasks in
pesticide treated crops; and pesticide drift from neighboring fields).  Studies show that farm
worker families have higher levels of pesticide exposure than non-farm worker families (take-
home exposure transfer of pesticide residues and proximity  of housing to treated areas). There
are 2 million farm workers in the US, over a million certified applicators, and 2-3 million
noncertified applicators applying pesticides under the supervision of certified applicators.  It is
important to protect farm workers from occupational pesticide hazards to ensure their safety in
the workplace and viability as a community.

Under FIFRA, States with primacy enforce pesticide use, including the worker protection
standards.  States with primacy also conduct compliance monitoring inspections.  Regions are
encouraged to determine whether there are opportunities for federal cases to support state efforts.
Where EPA implements FIFRA, including in Indian country, the Agency enforces requirements
governing  pesticide use  and  conducts compliance  monitoring  inspections.    Tribes  with
cooperative enforcement agreements with EPA may conduct compliance monitoring inspections
under their own tribal codes.

To optimize the risk reduction potential  of compliance monitoring, Regions are expected to place
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particular emphasis on farming activities that typically involve frequent use of highly toxic
pesticides, such as in fruit and vegetable production and on-farm grain and soil fumigation.
Compliance monitoring and enforcement activities should include product and use
inspections.

Performance expectations for an active federal cooperative compliance/enforcement role within
the Worker Safety focus area include:

   •   Regions should work with their state and tribal partners  to target federal and state PEIs
       (focusing  on  high toxicity pesticides subject to FIFRA's Worker Protection Standards
       (WPS) labeling requirements and associated with high-risk applications/uses such as fruit
       and  vegetable  production  or on-farm grain and  soil  fumigation)  to ensure  label
       compliance.
   •   Regions should monitor use compliance in application settings (e.g., on-farm grain or soil
       fumigation, applications to fruit and/or vegetable crops) subject to WPS and monitor
       compliance with the WPS labeling requirements.  Focus should be on  pesticides with
       high risk for exposure.
   •   Enforcement  actions should be pursued under State, Federal, or Tribal authorities, as
       appropriate.
   •   In order to optimize the deterrent impact of the  enforcement action, significant misuse
       violations  should be investigated in a comprehensive manner to determine comprehensive
       compliance with FIFRA.
   •   States and tribes should be encouraged to refer  use and non-use cases to  EPA, when
       appropriate.
   •   Regions are  expected  to  work with  States to  identify opportunities within existing
       agreements for federal involvement or support (particularly cases involving  exposure or
       death).
   •   Significant use or product compliance violations  discovered  during State or Tribal
       investigations should be considered for referral to EPA for federal enforcement, when
       appropriate.
   •   Headquarters  will provide assistance, as needed, to States, Tribes, and Regions in support
       of enforcement actions.
   •   State and tribal inspectors who inspect on behalf of EPA must be trained and credential
       per Guidance for Issuing Federal EPA Inspector Credentials for Authorize Employees of
       State/Tribal Governments to Conduct Inspections on Behalf of EPA (2004)

Optional Focus Area E: Retail Marketing

Until  recently,  EPA has focused enforcement against the  producer or registrant  of violative
product(s).   However, retailers of noncompliant products must also comply with FIFRA.  One
action against a retailer may result in bringing numerous pesticides into compliance with FIFRA.
Taking enforcement at the retail level, as well  as at the producer or registrant level, can have a
very  significant impact on gaining product compliance.  Deterrence  likely  increases due to
heightened end-use consumer awareness  and the  adverse publicity generated  against the  retail
store, the product, and the manufacturer.
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Retail  marketers of pesticide products are positioned to directly interact with the consuming
public, so any enforcement action taken against products being offered for sale is quickly noted
by the buying public  and, as  a  result, purchasing patterns of the  consumers  can be quickly
altered, thus creating a significant financial impact on all businesses with a financial interest in
the distribution and sale of the  pesticide product(s) involved.   This  provides a tremendous
incentive for registrants to quickly return the product(s) to compliance so that a positive business
relationship with retailers can be preserved and a positive image can be presented and/or restored
with the consuming public.

Regions should focus on national or regional  retail chains operating multiple stores nationwide
or in a multi-state area.  Such stores often market similar products throughout their network of
stores so that  compliance issues  can have corporate-wide implications.   Such consumer-based
retail stores  typically  offer  a  wide variety of pesticide  device products, so addressing
noncompliance at this level can immediately impact multiple pesticide producers.

Alternatively,  Regions may elect to target major distributors who  sell directly to specialized
niche markets  rather than to the general public. Examples of these retailers might be distributors
that  sell pesticide products and other  supplies directly to hospitals, beauty salons and barber
shops,  funeral  homes, and  restaurants.   These industries typically do  not deal  directly with
traditional  retail  outlets for  their supplies but instead purchase  from  specialized  niche
distributors. These direct-retailers often handle very  specialized products not commonly found
in the  retail stores targeted to the  general public and, as a result, compliance may not be as
closely monitored.  Additionally,  many of these retailers handle distributor-label disinfectants, a
product sector which has a long history of noncompliance.

Performance expectations for the retail  marketing focus area include:

   •  Regions should conduct compliance monitoring inspections at targeted retailers.
   •  Regions should  work  with their state  and tribal  partners to  encourage  producer
       establishment and  marketplace inspections  in support  of this focus  area, including
       targeting follow-up PEIs at producers of violative products discovered  at the retail
       inspections.  Regions may  consider making  inspection referrals  to the states/tribes to
       follow-up on leads and otherwise supplement federal efforts.
   •  Regions are expected to  take enforcement actions, as appropriate, to  ensure optimum
       deterrence effect and compliance impact.

Optional Focus Area F: Container/Containment

To  ensure effective implementation  of the  new container/containment  regulations, Regions,
states and tribes should monitor compliance with the requirements in all  areas of the regulated
universe and for all aspects of the container/containment rule.  In particular, inspections should
focus on  compliance with container design  and labeling, residue  removal, and  containment
requirements for registrants, re-fillers, agricultural retailers, commercial applicators, and custom
blenders,  as appropriate.   User inspections,  conducted  by states and tribes, should focus on
compliance with label directions for storage, cleaning, and disposal of containers.
States and tribes have been actively addressing the new regulations and  are likely to continue
that emphasis under the State Grant Guidance.

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For Regions electing  to  participate in  the  container/containment focus area,  performance
expectations include:
   •   Conducting compliance monitoring inspections at targeted producers, distributors, and
       other regulated non-user entities subject to the container/containment rule.
   •   Working with states and tribal partners to encourage a full range of user and non-user
       inspections to monitor all  aspects of compliance for the container/containment rule in
       support  of this focus area.  States and tribes should be encouraged to refer significant
       noncompliance cases to EPA for enforcement action.
   •   Taking enforcement actions, as appropriate, to  ensure optimum  deterrence effect and
       compliance impact.

Commitment FIFRA-FED1: Project regional (federal) FIFRA inspections, including those at
federal facilities. Each Region should conduct a minimum often (10) FIFRA inspections. In the
Comment Section, provide the number of federal facility inspections.

3.  Reset Our Relationships with States

The Regions should work with States and Tribes to implement the expectations above, including:

   •   Convene routine and regular meetings between the Region and State to discuss progress
       towards  meeting annual program  and enforcement commitments, and how the State has
       been performing overall in its implementation of the program. Note: meetings can be via
       conference calls but at least one meeting each year should be face-to-face. Regions may
       rely upon existing communications with states to meet the intent of this requirement.
   •   Where  States  are not  meeting  performance  expectations,  Regions  should take
       enforcement to address serious violations. Regions should focus oversight resources on
       the most pressing  performance problems in States and  should work to demonstrably
       improve state performance through these actions.  Regions need to take action when
       necessary to communicate what needs  attention to achieve the goals of the  federal
       environmental laws and to ensure a level playing field among States.
   •   Negotiate, oversee the implementation of and review state and tribal performance under
       the pesticide  enforcement cooperative agreements following  existing  policy  and
       guidance.
       When doing mid- or end-of-year reviews, include a review of cases based on complaints
       by farm-workers and those involving one of the  NPM guidance focus areas to evaluate
       whether the enforcement response was appropriate.
   •   Provide  States  and Tribes targeting  assistance, especially related to inspections of
       producer establishments.
   •   Consistent with EPA's Policy on Consultation  and coordination with Indian  Tribes;
       OECA's Guidance on the Enforcement Principles Outlined in the  1984 Indian Policy
       (January 17, 2001;  and Questions  and Answers on the Tribal Enforcement Process (April
       17, 2007), the Regions should consult, as appropriate, with potentially  impacted tribal
       governments when conducting inspections and addressing noncompliance at tribal and
       non-tribal facilities  in Indian country.
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4.  Improve Transparency

Currently, OECA is exploring ways to modernize and update databases that contain information
on pesticide  inspections and enforcement action  by state and  tribal  grantees FIFRA-TSCA
Tracking System/National Compliance Database (FTTS/NCDB) that will improve data quality,
and provide more timely data entry and public access. Regions are
expected to continue to assure the timely and accurate entry of state and tribal performance data
and their own federal inspection and enforcement data.

Regions should assure timely and accurate entry of state and tribal performance data and federal
inspection and enforcement data.

5.  Relevant Policies and Guidances

Additional information about OECA's FIFRA programs can be found at:

http://www.epa.gov/compliance/monitoring/programs/fifra/index.html
 http://wwwp.epa.gov/compliance/monitoring/programs/fifra/wps.html
http://www.epa.gov/compliance/civil/fifra/index.html

Policies and guidance pertinent to the FIFRA focus areas can be found at the following:

• FY2011-2013 Grant Guidance:
http://www.http://www.epa.gov/compliance/state/grants/fifra.html
• FIFRA Enforcement Response Policies:

• FIFRA State Primacy Enforcement Responsibilities: Final Interpretive Rule:
http://www.epa.gov/compliance/resources/policies/state/grants/fifra/1983frnotice.pdf
• Procedures  Governing the Rescission of State Primary Enforcement Responsibility for
Pesticide Use Violations:
http://www.epa.gov/compliance/resources/policies/state/grants/fifra/1981frnotice.pdf
• EPA WPS Agricultural Inspection  Guidance:
http://www.epa.gov/compliance/resources/policies/state/grants/fifra/08-10-appendix4c.pdf
• Factors To Consider When Establishing A Risk-Based Targeting Strategy For Worker
Protection Outreach And Compliance Monitoring Activities:
http://www.epa.gov/compliance/resources/policies/state/grants/fifra/08-10-appendix4d.pdf
• Multilingual Labeling for Imports:
http://www.epa.gov/compliance/resources/policies/monitoring/fifra/imports/multilanglabel.pdf
• Questions and answers on supplemental labeling, effective date, registration status for
labeling purposes, foreign purchaser acknowledgement statements, and confidentiality:
http://www.epa.gov/compliance/resources/policies/monitoring/fifra/imports/supplabel.pdf
• Questions and answers on research and development pesticides and active ingredient
concentrations:
http://www.epa.gov/compliance/resources/policies/monitoring/fifra/imports/ai.pdf
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• FIFRA Inspection Manual:
http://www.epa.gov/compliance/resources/publications/monitoring/fifra/manuals/fifra/index.html
• WPS Inspection Manual:
http://www.epa.gov/compliance/resources/publications/monitoring/fifra/manuals/wps/index.html
• Project Officer Manual: http://intranet.epa.gov/oeca/oc/ag/manual.html
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D.  Specific Comprehensive Environmental  Response Compensation and Liability Act
(CERCLA) Enforcement Program Performance Expectations

    1.  Link with Top OSWER Priorities

OECA addresses top OSWER priorities for CERCLA in the following ways:

    •   Land Revitalization: Through its Brownfields program, EPA will continue to provide for
       the assessment and cleanup of Brownfield sites, to leverage redevelopment opportunities,
       and to help preserve green space, offering combined benefits to local communities.
       OECA can facilitate reuse by clarifying liability at sites of federal  interest (or for
       communities particularly impacted by the economic downturn), when perceived liability
       remains an obstacle and EPA involvement is critical.  Brownfields are described in more
       detail in the Goal 3 NPM Guidance published by OSWER.

    •   Cleaning Up Our Communities: In an effort to improve the accountability, transparency,
       and effectiveness of EPA's cleanup programs, EPA initiated a multiyear effort in 2010 to
       better use  assessment and cleanup  authorities to address a greater number of sites,
       accelerate cleanups, and put those sites back into productive use while protecting human
       health and the environment. By bringing to bear the relevant tools available in each of
       the  cleanup programs, including  enforcement, EPA  will better leverage the resources
       available to address needs at individual sites.

    2.  Aggressively Go After Pollution Problems That Make a Difference in Communities

EPA's CERCLA Enforcement program protects communities by requiring responsible parties to
conduct cleanups,  preserving federal  dollars for  sites  where there are no viable contributing
parties.  Superfund enforcement ensures prompt  site cleanup and uses an "enforcement first"
approach that maximizes the participation of liable and viable parties in performing and paying
for cleanups.   EPA negotiates  cleanup agreements with  potentially responsible parties  at
hazardous waste sites and, where negotiations fail, either takes enforcement actions to require
cleanup or expends Superfund appropriated dollars to clean  up the sites.  In some cases, EPA
takes both  actions.   When EPA uses appropriated dollars,  it takes  action against any viable
responsible parties to recover cleanup costs. Aggressively pursuing responsible parties to clean
up  sites ultimately reduces direct human exposure to  hazardous  pollutants and contaminants,
provides for long-term human health protections  and makes contaminated properties available
for reuse.

As part of the Integrated  Cleanup Initiative (1C I), OECA will take early and focused enforcement
efforts to compel cleanup.  Those efforts include increasing enforcement earlier in the pipeline at
non-emergency removal  action and remedial  investigations/feasibility  study  (RI/FS) stages;
expediting  remedial  action  by holding parties  accountable  to  negotiation  timeframes and
scheduled  cleanup commitments;  and  rejuvenating  the process for  early  identification  of
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responsible parties to support increased site assessment, national priorities (NPL) listings, and
early enforcement activities.

Under the ICI, OECA is reaffirming its commitment to "enforcement first" in all aspects of the
Superfund program (i.e., removals, remedial, long-term stewardship, etc.).   Regions should
continue to focus on activities that maximize PRP involvement at Superfund sites.

EPA's Superfund enforcement GPRA goals and performance expectations for FY 2012 are:

COMMITMENT OSRE-01: Reach a settlement or take an enforcement  action by the start of
remedial action at 99% of non-federal Superfund sites that have viable, liable parties.

COMMITMENT OSRE-02: Address all unaddressed costs in Statute of  Limitations cases for
sites with total past Superfund costs equal to or greater than $200,000 via settlement, referral to
DOJ, filing a claim in bankruptcy, or where appropriate write-off.

COMMITMENT HQ-VOL: Volume of Contaminated Media Addressed (VCMA): As part of
the Goal 5 sub-objective, Support Cleaning up Our Communities, OECA has added the
following new GPRA target:

By 2015, obtain commitments to clean up 1.5 billion cubic yards of contaminated soil and
groundwater media as a result of concluded CERCLA andRCRA corrective action enforcement
actions.

OECA has reported VCMA for contaminated soil and groundwater media as separate measures
in its annual  results since 2004. The new measure combines the two and elevates them to the
GPRA level.  The GPRA target is a national target and regions are not required to post
commitments in ACS.

In addition,  the CERCLA  enforcement program tracks many program-level measures.  These
measures and their definitions can be found in the Superfund Program Implementation Manual
(SPEVI)  at: http://epa.gov/superfund/action/process/spiml 1 .html.

OSWER's National  Program Managers Guidance for  FY2011  establishes priorities for  EPA's
Federal  Facilities  Response program: conducting cleanup and  response work at contaminated
sites and rendering  formerly contaminated sites Ready for Reuse.  EPA  has Federal Facility
Agreements  in place at almost all Federal  facility NPL sites regarding the cleanups conducted by
the facilities and EPA's oversight of those cleanups.  Those agreements lay out procedures for
resolving disputes.  Regions are expected to use the procedures of the agreements,  or other
applicable enforcement authorities  (such as imminent  and endangerment  orders in applicable
circumstances), when Federal facilities are not complying with the terms  of the agreements or
with other legal requirements.  Additionally, Regions and headquarters  offices should  work
together to get remaining NPL sites as well as new NPL sites under agreements or other legally-
enforceable agreements.
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Environmental justice (EJ) is a priority for OECA's waste programs, promoting healthy and
environmentally sound conditions for all people. OECA will continue to integrate environmental
justice into its Site Remediation Enforcement program by:
    •   Affirming its commitment  to  ensure  that Regions and States use EJ criteria when
       enforcing RCRA corrective action requirements to meet RCRA 2020 goals.
    •   Affirming its commitment to ensure that institutional controls are implemented at sites in
       environmental justice areas of concern.
    •   Conducting an environmental justice review of new  policy and  guidance  documents
       before they become final.

    3.  Working With States, Tribes and Local Communities

EPA     will    be     implementing    its    Community     Engagement     Initiative,
http://www.epa.gov/oswer/docs/cei  action_plan 12-09.pdf designed to enhance  headquarters
and regional  program  engagement  with  States,  local  communities  and  stakeholders to
meaningfully participate in government decisions on land cleanup, emergency response, and the
management of hazardous substances and waste.  The initiative provides an opportunity for EPA
to refocus and renew its vision for community engagement, build on existing good practices, and
apply them consistently in EPA processes. Proactive, meaningful engagement with States, local
governments  and  communities  will  enable  EPA to obtain  better  information  about  the
environmental problems and local situations - leading to more informed and effective policies
and decisions.

    4.  Improve Transparency

The Comprehensive Environmental Response  Compensation and Liability Information System
(CERCLIS) is the main database for Superfund information.  The public can request specific
reports by going to http://www.epa.gov/superfund/.  In addition,  Regions should continue to
provide site-specific fact sheets, which include enforcement information, on regional web pages.
Compliance data will distinguish State information from Indian country information. Information
should be made available to communities and Tribes, who lack access to the internet.
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SECTION VI: KEY PROGRAM PRIORITIES AND STRATEGIES TO ADDRESS
ENVIRONMENTAL PROBLEMS THROUGH CRIMINAL ENFORCEMENT

   1.  Criminal Enforcement Priorities

The criminal enforcement program will emphasize:

   •   EPA's Enforcement Goals, National Enforcement Initiatives for FY 2012-13 and
       Regional Enforcement Priorities
   •   Focusing Enforcement through Case Tiering
   •   Integrating Environmental Justice (EJ) into case selection and prosecutions

Case Tiering. During FY 2012, the criminal enforcement program will continue to implement
and refine its case "tiering" system to focus scarce investigative resources using criteria, data and
methodologies linked to OECA's goals. The objective is to focus enforcement efforts by
increasing the percentage of Tier 1 and Tier 2 cases, which became a GPRA measure beginning
in FY 2011.

The case tiering methodology prioritizes cases based on four categories of information:

1) Human  health and environmental impacts (e.g., death or serious injury),
2) The nature of the pollutant and the release, (e.g., toxic pollutant, continuing violation)
3) Subject characteristics (e.g., national corporations, repeat violators), and
4) Unique  Case Factors (e.g., collaborative efforts with law enforcement partners)

Based on these factors, all cases are "tiered" with Tier 1 cases being the most important.  The tier
designation is used throughout the  investigative process including the opening of leads,  case
selection and prosecution and direction  of resources for case  support.  (Note:  a case's tier
classification may change as cases are investigated and additional information uncovered).

Environmental Justice: One of the main duties of EPA's criminal enforcement program is to
serve and protect the most vulnerable  communities by using law enforcement  tools  to protect
their health and local environment.  EJ is a critical concept in meeting that objective. Criminal
enforcement will increase its use of the Agency's environmental justice tools and methodology
to help identify critical criminal cases that disproportionately impact  vulnerable communities.
This includes continuing efforts to  work  with  tribal  law enforcement  to  strengthen  the
effectiveness of environmental enforcement in Indian country. The program will  also continue to
work with Agency EJ workgroups and partnerships to integrate and focus EJ efforts.

 1.  Link with Critical Program Office Priorities

EPA's enforcement program relies on the criminal  and civil programs working closely together
both at the  strategic and  case-specific  levels  to bring to bear the most appropriate enforcement
tools to protect human health and the environment in each media area.
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At the national level, the criminal enforcement program will continue working with civil
partners in annual planning efforts and will work together to develop systems to track, encourage
and reward effective cooperation. Efforts will include assessing existing information available in
both criminal  and civil programs  and evaluating regional cooperative  efforts to date.   Each
program  will  adhere  to  OECA's  parallel  proceedings  policy when  both civil and  criminal
violations are present in an individual case, and will ensure all civil and criminal staff are trained
on parallel proceedings.

At the Regional level, the enforcement offices will work with the Special Agents In Charge
(SACs) to continue and strengthen joint case screening, share salient information and plan how
to address violations using the most appropriate administrative, civil  or criminal enforcement
tools.

 2.  Strengthen  Relationships  with  Law  Enforcement   Partners  That  Support  State
    Environmental Crimes Investigations and Prosecutions

The criminal enforcement program will work with the States, Regions, Tribal governments, and
other law enforcement organizations as appropriate to:

  •  Help these organizations build  capacity to  pursue environmental crime  and  provide
     investigative support to state-lead prosecutions  where appropriate.
  •  Provide  targeted training to  State, tribal and  law enforcement partners to enhance their
     abilities to safely spot, report and address environmental violations.
  •  Continue international enforcement efforts, e.g., working with INTERPOL to combat the
     illegal transnational shipment and disposal  of electronic waste  (e-waste), work with
     Canadian authorities in efforts in the Great Lakes.

 3.  Improve Transparency

The criminal enforcement program will:

   •   Publicize  EPA's  criminal enforcement efforts and successes  to deter other potential
       violators.
   •   Continue to develop its use of new outreach methods such  as  Facebook, twitter and
       mobile applications to encourage the  public's reporting of potential violations and to
       provide leads through the fugitives web site.
   •   Ensure that the public  can  continue to find  information it needs about EPA's  criminal
       enforcement efforts, including the Summary of Criminal Prosecutions,  the mobile
       application of the Report a Violation Website  and the EnviroCrimes Mapper.
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SECTION VII:  KEY PROGRAM PRIORITIES AND STRATEGIES TO ADDRESS
ENVIRONMENTAL PROBLEMS THROUGH THE NATIONAL ENVIRONMENTAL
POLICY ACT

A. Specific Federal Activities Program Performance Expectations
Federal  activity compliance work focuses on three areas:  fostering compliance and pollution
prevention through international  cooperation;  assisting other federal  agencies  in  making
environmentally  sound decisions which include early public involvement and transparency by
complying with  the National Environmental Policy Act  (NEPA); and  guiding  EPA's  own
compliance with NEPA and applicable statutes  and Executive Orders.  This work implements
two of OECA's FY 2012 goals by addressing pollution that matters most to communities and
promoting transparency.

Regions should work to assure international compliance and prevent illegal trans-boundary
movement of hazardous waste by:

•  Improving  environmental performance and cooperation in accordance with Goal 6 of the
   U.S./Mexico Border 2012 plan (Regions VI and IX).
•  Enhancing  enforcement, compliance, and capacity building efforts with Mexico and Canada
   relating to trans-boundary compliance monitoring on the U.S. borders for hazardous waste,
   CFCs,  selected chemicals  (e.g., PCBs,  mercury), and  other regulated substances  (Border
   Regions).
•  Improving  performance of joint responsibilities along the border and ports of entry into the
   United States by working with the Bureau of Customs and Border Protection (CBP) through
   appropriate contact channels (all Regions).
•  Promoting  international  environmental  enforcement  through  participation  in   relevant
   organizations and networks, such as the Enforcement Working Group of the North American
   Commission  for Environmental  Cooperation (CEC) and the International  Network  for
   Environmental  Compliance and Enforcement (INECE),  and, in  particular, its  Seaport
   Environmental  Security Network (regional  participation as  appropriate, based on subject
   matter).
•  Reviewing  the permit and  compliance status of U.S. receiving facilities in connection with
   100% of the notifications for the import of hazardous waste they receive from HQ EPA and,
   based on the review,  recommending consent or  objection to notifications within the time
   periods allowed under applicable international agreements (all Regions).
•  As a regular  part of Regional  inspection activities,  conducting periodic inspections of U.S.
   facilities  which receive imported hazardous waste (TSDFs) and generators and other primary
   exporters of hazardous waste,  cathode  ray  tubes  (CRTs) and spent lead acid  batteries
   (SLABs),  based  on  information  provided by  OFA  which identifies  those  facilities
   participating in import and export shipments.

Regions should implement the National Environmental Policy Act (NEPA) by:

•  Fulfilling EPA's obligations under NEPA, Section 309 of the Clean Air Act, and cross-
   cutting laws, directives, and  Executive  Orders  (e.g.,  Endangered Species Act,  National
   Historic Preservation Act,  Executive Order on Environmental Justice, Wetlands and Flood
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   Plains Protection) by reviewing and commenting on all major proposed federal actions to
   ensure identification, elimination, or mitigation of significant adverse effects, and making the
   comments available to the public.
   Ensuring that projects likely to have significant impacts (e.g., transportation,  mountaintop
   mining, and energy) receive sound environmental analysis,  use cooperation among agencies
   to resolve differences,  consider environmental justice,  incorporate innovation and support
   public involvement through  a more  streamlined  and transparent  environmental  review
   process
   Ensuring that at least 90 percent of EPA projects subject to NEPA environmental assessment
   or EIS requirements (e.g., water treatment facility  projects and other grants, new source
   NPDES permits and EPA facilities) are expected to result in  no significant environmental
   impact.
   Ensuring that 70 percent of significant impacts identified by EPA during the NEPA  review
   of all major proposed federal actions will be mitigated. (GPRA measure)
   Promoting  Environmental Justice  considerations throughout  the environmental decision-
   making process and encouraging  public  involvement  early  in the process to maximize
   transparency.
   Working towards the  goals laid out in EJ 2014,  particularly the commitments regarding
   cross-Agency coordination to meet the challenges of the Executive Order.
   Fostering   cooperation   and   collaboration  with   other  Federal   agencies  and
   Tribes to ensure  compliance with applicable environmental  statutes;  promoting  better
   integration of pollution prevention  measures and ecological risk assessment; and providing
   technical assistance in developing projects that prevent adverse environmental impacts to the
   Nation's land, water and air.
   Making categorical exclusion determinations or preparing environmental analyses (EISs or
   EAsj and posting  them on the internet  for  EPA- issued National Pollutant  Discharge
   Elimination System (NPDES) permits for  new sources, for states/tribes without authorized
   NPDES programs; off-shore oil and gas sources, including permits for deepwater ports, EPA
   laboratories and facilities; and Clean Water Act wastewater treatment plant grants.
   Making Categorical Exclusion determinations or preparing environmental analyses  (EAs or
   EISs) and posting  them on the internet for Special Appropriation grants  (including the
   Colonias Wastewater  Construction and Project  Development Assistance  program) for
   wastewater,  drinking water supply,  and solid waste collection facilities; Border Environment
   Infrastructure Funds (for the US/Mexico Border Environment Cooperation  Commission
   projects); and reviews conducted under "EPA's Voluntary NEPA Compliance Policy."
   Entering the results of their  ' 309 reviews and NEPA compliance actions into the Lotus
   Notes EIS Tracking Database maintained by HQ OF A,  and the Special Appropriations Act
   Projects (SAAP) system maintained by HQ OW, respectively.  Additionally, Regions should
   report to the Office of Federal Activities quarterly on the status of their 309 reviews and
   NEPA compliance actions pursuant to the Government Performance Reporting Act (GPRA)
   reporting process, and provide other reports as may be required by the American Recovery
   and Reinvestment Act of 2009.
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SECTION VIII: NATIONAL PROGRAM REQUIREMENTS FOR ADDITIONAL OECA
PROGRAMS UNDER GOAL 5

In addition to the national initiatives and programs that can be specifically assigned to one of the
four Strategic sub-objectives  of water, air,  waste/toxic/pesticides,  and criminal  enforcement,
OECA has several programs that contribute to the goals of more than one sub-objective.  These
programs are:  Multi-media,  Compliance Incentives, Indian country, and Emergency Planning
and Community Right to Know Act (EPCRA). In addition, OECA has specific training and state
oversight program requirements.

A.  Specific Emergency Planning and Community Right to Know Act (EPCRA) Program
Performance Expectations

EPCRA includes two distinct programs, Community Right-to-Know under EPCRA 313  and
release notification and emergency preparedness under CERCLA 103 and EPCRA 304, 311 and
312.  EPA and the  public rely on EPCRA  for information on  chemical releases entering the
environment, and on the storage of chemicals at facilities. EPA, States, Tribes, local entities, and
communities rely on the combined EPCRA/CERCLA  information to prepare local  chemical
emergency response plans, and to more safely and adequately respond to chemical emergencies.
EPA must ensure that companies report accurately and within required time frames. Although
there is no target for assistance activities, assistance is an appropriate tool, in particular, for
smaller entities who meet the reporting criteria.  Regions and States should inspect facilities that
may be contributing to  pollution problems  that matter to their respective communities,  and
develop enforcement cases that produce significant environmental benefits.

   1.  Link with Top Office of Environmental Information Priorities

OECA addresses the top Office of Environmental Information priority for the EPCRA programs
by increasing compliance of non-reporters.

   2.  Aggressively Go After Pollution Problems That Make a Difference in Communities

       A. EPCRA 313:

Regions are expected to:

       o  Inspect or send information request letters to enforcement  targets developed by
          OECA with assistance from OEI for  FY 2012 to address the following categories of
          concern as resources allow.
       o  Potential  non-reporters (facilities that report  in  one year but  fail to report the
          following year).
       o  Potential  never-reporters (target facilities in the same sectors where a company may
          not have reported and a similar facility in the sector did report);
       o  Potential  data quality issues (facilities with significant changes in release estimates
          from one year to  the next or facilities in the  same sector where a facility reports
          significantly more/less than a similar facility in the sector).


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       o  Facilities that submit a Form A after having previously  submitted a Form R, and
          concerns exist as to the accuracy of this change.
       o  The submission of forms with errors significant enough to prevent the input of data
          into the Toxic Release Inventory.

   •   Track and prioritize tips and complaints and follow-up, as needed.  OECA may provide
       additional targeting as part of an initiative focused on communities, chemicals or sectors
       of concern.
   •   Any  inspections resulting from any of these targeting efforts will count towards the
       Region's  overall inspection commitments.

In addition, Regions should:

   •   Work with the Air, RCRA and Water compliance and enforcement programs to add EPCRA
       questions  to information  requests where appropriate,  evaluate the responses,  and  take
       appropriate enforcement actions or combine with other enforcement actions.

   •   Review and follow-up on, as appropriate, disclosures submitted under the OECA Audit
       Policy and Small Business Policy.

   •   OECA will assist in targeting inspections, but the Regions are expected to provide legal
       and technical enforcement case support, and either obtain additional information through
       federal investigation, show cause letter, subpoena and issue appropriate federal actions as
       appropriate; or determine that follow-up is not necessary.
COMMITMENT EPCRA 01:  Conduct at least four (4) EPCRA 313 data quality inspections.

COMMITMENT EPCRA 02:   Conduct  at least twenty  (20)  EPCRA 313 non-reporter
inspections.

       B. EPCRA 304/311/312 CERCLA 103

  Regions should:

   •   Use screening and targeting tools to  focus limited federal resources  on national and
       regional priority areas. In targeting for inspections, Regions should consider the presence
       of significant quantities of  CERCLA  hazardous  or EPCRA  extremely hazardous
       chemicals, proximity to  population centers, a history of significant accidental releases,
       and any other information that indicates a facility may be high-risk.
   •   Evaluate compliance with EPCRA sections 304, 311, and 31  and CERCLA section 103
       during  CAA  section 112(r) high-risk facility inspections (as described in  the  CAA
       Section of this guidance).
   •   Within a reasonable period of time, evaluate and respond, if appropriate (including taking
       enforcement action where appropriate)  to any tip or complaint containing allegations that
       provide a reasonable basis to believe that a violation has occurred.
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   •   Evaluate certain continuous release submissions for accuracy and compliance and take
       appropriate enforcement actions for non-compliance.

   3.  Reset Our Relationships with States

The Regions should continue coordinating with States and Tribes.

   4.  Improve Transparency

The Regions should
          •  Enter all federal enforcement cases into national databases.
          •  Enter all federal civil judicial consent decrees into ICIS.

   5.  Relevant Policies and Guidances

Additional information about OECA's EPCRA programs can be found at:
       http://www.epa.gov/compliance/monitoring/programs/epcra/index.html
       http://www.epa.gov/compliance/civil/epcra/index.html
       http://www.epa.gov/compliance/monitoring/programs/epcra.html

B. Compliance Incentives Program Performance Expectations
In addition to providing compliance assistance and taking enforcement actions, EPA promotes
compliance through the use of the following incentive policies: (1) the policy on "Incentives for
Self-Policing: Discovery, Disclosure, Correction and Prevention of Violations" (the Audit
Policy); (2) "Small Business Compliance Policy" (Small Business Policy); and (3) "Small Local
Governments Compliance Assistance Policy" (Small Local Governments Policy). These policies
reduce or waive penalties under certain conditions for facilities which voluntarily discover,
promptly disclose, and correct environmental problems. EPA encourages the use of these
policies, particularly when use results in actions that reduce, treat, or eliminate pollution in the
environment or improve facility environmental management practices (EMPs).

In most quarters, EPA receives  slightly  more self-disclosures  than are recorded as resolved.
Over time, this has led to an increasing inventory of unresolved  disclosures. In recognition that
we need to address this inventory, the  Audit Policy Coordination  Team  (ACT), comprised of
representatives from all ten Regions and Headquarters has  developed a number of practice
modifications, which should reduce transaction costs, streamline and speed up  the processing of
disclosures.  In FY 2011, the Office of Civil Enforcement will continue to work with the Regions
and Headquarters offices to expedite the processing and resolution of voluntary disclosures.  In
FY 2012, the  Regions and  Headquarters are  expected to continue to expeditiously process
voluntary disclosures in order to prevent  the increase of the pipeline, as  well as to  reduce the
inventory.

   1.  Aggressively Go After Pollution Problems That Make a Difference in Communities

EPA's Audit Policy,  Small Business Policy and  Small Local Governments Policy provide
incentives for regulated entities to resolve environmental problems and come into compliance
with federal laws through self-assessment, disclosure, and correction of violations.  EPA  is

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encouraging audits and disclosures that achieve significant environmental outcomes, as well as
ways to improve Audit Policy implementation.

Under various Compliance Incentive Programs (CIPs), individual entities or members of a sector
disclose and correct violations in exchange for reduced or waived penalties, while the risk of
enforcement  increases  for  those not taking  advantage of  this  opportunity.    Regions in
consultation with Headquarters are expected to consider the use of CIPs directed at particular
sectors and/or noncompliance problems, particularly key program priorities, with emphasis on
violations that impact areas with environmental justice concerns, and violations that, once
corrected, are likely to result in measurable pollution reductions.

   2.  Reset Our Relationships with States

Regions    are   expected   to   implement   EPA's   compliance   incentive    policies
(http://www.epa.gov/compliance/resources/policies/incentives),   with  the assistance  of State,
tribal,  and local agencies,  to  encourage the  regulated community  to voluntarily discover,
disclose, and  correct  violations before  regulatory  agencies identify  entities for enforcement
investigation or response.

   3.  Improve Transparency

EPA will continue to enter data into ICIS regarding the receipt and resolution of self-disclosures
and,  at the end of FY2012, EPA will  continue to report on  the number  of self-disclosures
received and  resolved together with the environmental outcomes resulting from disclosing
entities correcting their violations.

C.  Federal Facilities Enforcement Program Performance Expectations

EPA's compliance and enforcement  program involves more than 30,000 federal facilities and
installations spread across nearly 30% of the nation's territory, among which are some 10,000
currently regulated under the Agency's various statutes.  As such, it is one of the EPA's largest
and most diverse sectors to oversee.  Given limited resources, the primary focus in this sector has
been on monitoring and enforcement, given stewardship opportunities and reliable compliance
assistance offered by others,  including  at  FedCenter, the  sector's  on-line environmental
stewardship and compliance assistance center sponsored by more than a dozen federal agencies.
Further,  while these  federal  installations are  sometimes  subject to  special  provisions of
environmental law, EPA's general practice and policy is to hold them to the same standard of
compliance as private facilities.  EPA's federal facilities enforcement and compliance programs
are at http://www.epa.gov/enforcement/federalfacilities/index.html

FFEO, in partnership with other federal agencies, will operate and expand FedCenter as the
central  point  for federal agency collaboration on greenhouse  gas  emission  response  and
compliance with new Executive Order 13514 on federal sustainability.
See http://www.fedcenter.gov/

In an effort to effectively focus limited resources,  FFEO and  the Regional Federal Facilities
Managers annually  negotiate Integrated Strategies as part  of the National Federal Facilities

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Program Agenda.  These integrated strategies align enforcement, compliance, and stewardship
activities and help achieve environmental and health benefits by addressing those problems that
matter to communities. In FY 2012, Regions are expected to continue to implement Integrated
Strategies dealing with storm water, federal underground storage tanks, RCRA corrective action
sites.  FFEO and the regions have also identified three exploratory integrated strategy areas for
FY 2012.  These new areas focus  on enforcement actions  at Government Owned/Contractor
Operated/Government  Owned/Privately Operated (GOCO/GOPO) facilities,  HCFCs/CFCs
enforcement and an energy extraction enforcement initiative which compliments a new national
OECA-wide initiative. In addition, FFEO will complete new inspection targeting capabilities for
vulnerable communities and consider potential new  inspection  activities associated with the
recently announced initiative dealing with disposal of unneeded federal real estate.

   1. Aggressively Go After Pollution Problems That Make a Difference in Communities

Clean water  action  plan: Regions are expected to continue  implementing  the Integrated
Strategies on stormwater and underground storage tanks.  To support Regions in Assuring clean
drinking water, especially on  tribal lands, FFEO will research drinking water pollution and
potential SDWA enforcement particularly at formerly  used defense sites (FUDS).  Regions and
FFEO are expected to continue to implement an enforcement action against Bureau  of Indian
Affairs for violations at schools on BIA and tribal lands.  In  addition, FFEO will complete new
inspection targeting capabilities for vulnerable communities.

Clean air: To reduce air pollution from largest sources and to support the Regions, FFEO will
complete new research on power plants operating on military bases.

Climate and clean energy: FFEO, in partnership with other federal agencies, will operate and
expand  FedCenter  as the central  point for  federal agency  collaboration on  greenhouse gas
emission response  and compliance with new Executive Order 13514 on federal sustainability.
See

In order to protect people from  exposure to hazardous chemicals, Regions are expected to sustain
a vigorous inspection and enforcement program at federal facilities.  Regions and FFEO are
expected to implement the Integrated Strategy on protecting vulnerable populations.

FFEO  will  continue research into non-compliance  at  surface impoundment sites,  RCRA
corrective action sites and other RCRA non-TSDF facilities.  FFEO will  complete new research
on greater compliance/enforcement activity at  FUDS.  In order to reduce risks from mineral
processing, Regions  are expected to address contamination  and cleanup at federal abandoned
mine sites. In an effort to reform chemical management enforcement, Regions are expected to
address  issues with PCBs in ships and asbestos and pesticides at military sites. FFEO will work
to secure penalty authority against federal facilities through TSCA reauthorization. In addition,
FFEO and Regions are expected to continue implementing  the Integrated Strategy on federal
prisons.

FFEO strongly  encourages the Regions to take enforcement actions to improve  compliance at
federal facilities. For FY 2012, federal facility resources should  give  first priority  to  taking
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appropriate and timely enforcement actions, as defined within relevant media-specific policies,
for each federal facility inspected as  a  consequence of Federal Facility Integrated  Strategies
efforts.  Where appropriate, FFEO advocates including environmental management system
(EMS) improvements  and SEPs as part of enforcement action settlements. FFEO also urges the
Regions to take timely and appropriate  enforcement actions to address violations of clean up
responsibilities.

    Enforcement Follow Up and Projections

At mid-year each Region must project the number of formal (1) federal facility enforcement case
initiations and (2) federal facility settlements for FY 2012.  The projections should not include
Records of Decision at federal facility CERCLA sites.   Projections can include issuance of
Notices of Determinations regarding self-disclosures by federal facilities.  The projections should
be emailed by the Regional Enforcement Division Director to the Director of OECA's Federal
Facility Office at the end of the 2nd fiscal quarter.  Since these projections are outside the ACS
system, they are not commitments by the Regions.

Please note the reference at Section V.D on page 61 of this Guidance to OSWER's NPMG which
establishes priorities for EPA's Federal Facilities CERCLA Enforcement program. Clean up at
hazardous sites: Regions and  FFEO  are expected  to work to ensure timely completion of
CERCLA Federal Facility Agreements (FFA). Regions are expected to oversee compliance by
federal agencies under FFAs.   Those agreements  lay out  procedures for  resolving  disputes.
Regions are expected  to use the procedures  of the agreements, or other applicable enforcement
authorities (such as imminent and endangerment orders in applicable circumstances), when
Federal facilities  are  not complying  with  the terms of the  agreements or with  other legal
requirements.   Additionally,  Regions and headquarters offices  will  work  together to  get
remaining NPL sites as well as new NPL sites under agreements or other  legally-enforceable
agreements.

All federal  facility enforcement   actions  are considered nationally significant  and require
consultation with FFEO.  FFEO will focus its  resources to make these consultations timely and
effective.

Regions are encouraged to target federal facilities  as part of National  Enforcement Initiative
areas, as well as Regional priorities, national  initiatives targeted at geographic areas, EJ areas
and federal facilities Integrated Strategies areas. Under Sections III, IV, and V of this Guidance,
each  Region must report  the number  of federal  facilities  evaluations,  investigations  and
inspections  included  within  commitments  under the  various Regional  media   program
commitments.

COMMITMENT  FED-FAC05:   Each  Region  must  conduct  ten (10) federal   facilities
inspections to support integrated strategy areas, which include  stormwater; federal underground
storage tanks, federal prisons; RCRA surface impoundments, RCRA corrective action sites,  and
vulnerable populations. These  inspections can be achieved through any combination of single
media or multimedia inspections with the following limitations: (1) a maximum of three UST
inspections can count  toward this  goal and  (2) a maximum  of three (3) vulnerable community
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inspections can count toward this goal, and (3) for any multimedia inspection conducted, it shall
count as two  inspections  toward this goal if two of the individual inspections support the
Integrated Strategies.  These inspections may simultaneously satisfy inspections commitments
required in National Enforcement Initiative or other core program areas.

   2.  Reset Our Relationships with States

Regions are expected to hold States accountable for responsible federal facility compliance
monitoring and enforcement activity.

   3.  Improve Transparency

Regions are expected to share environmental information  appropriately with  the public for
federal facility environmental violations, including through  press releases for all enforcement
actions, and at federal facility cleanup sites.   EPA will pursue legislative changes to ensure
federal agency environmental accountability under federal laws.

D.  State Review Framework (SRF) Expectations

In FY 2012, Regions are asked to support the SRF in the following ways:

   •   Conduct Round 3 SRF reviews on state CAA, CWA,  and RCRA enforcement programs,
       completing in FY2012 all states that did not receive a review in Round 2, and including 1
       pilot state review using an integrated permit and enforcement review process in the 2nd
       half of FY2012. Ensure that commitments to implement significant recommendations for
       program improvements are captured in appropriate negotiated PPAs, PPGs, or categorical
       grant agreements between the Region and the State, with accountability for carrying out
       those commitments.  SRF review results should be integrated with, and viewed and
       discussed with the State in coordination with permit reviews.
   •   Regions  should  use  all available  data  to  benchmark  and  monitor the  enforcement
       performance of their  States.  Data sources include (but are not limited to) federal and
       state data systems, permitting and enforcement performance reviews, and other audit or
       evaluation reports.
   •   Enter both draft and  final  SRF reports, which include Preliminary Data Analyses, file
       reviews,  recommendations, state  comments,  and benefits  arising from Framework
       reviews, into the Lotus Notes SRF Tracker database upon completion of a SRF review.
   •   Monitor the progress of States and Tribes in carrying out the recommendations of rounds
       1 and 2 of the SRF, and record the progress quarterly in the  Lotus Notes SRF Tracker
       database.
   •   Use results of reviews  to  inform annual planning and regular progress  meetings with
       States.   Where progress resolving  SRF recommendations are not being made, Regions
       should  escalate their responses to state performance issues.

COMMITMENT SRF01:  Develop a schedule of state reviews  for the four years of Round 3
(2012-2016), completing all remaining states from Round 2 in 2012.  Included in this 2012 work
is conducting for one state, an  integrated permit and enforcement review process. Identify the

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number of Round 3 reviews to be conducted, consistent with SRF guidance in FY2012, by year
and by state. Where appropriate, program improvements should  be captured  in appropriate
negotiated PPAs, PPGs, or categorical grant agreements between the Region and the State, with
accountability for carrying out those commitments. Information on  SRF reviews, along with the
recommendations, is to be entered into the SRF Tracker.

SRF  guidances,  policies,  and  templates for  reporting  are  found  at  http://www.epa-
otis.gov/srf/srf tracking.html.
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SECTION IX.  FY2012 OECA WORKPLAN SUBMISSION INSTRUCTIONS

A. Annual Commitment System

Following the release of the final OECA NPM Guidance, Regions should hold discussions with
States and Tribes to discuss the highest priority work across the Region ands States  for the
upcoming year.  This work should be an integration of national, regional and state priorities, and
consider permitting and enforcement activities that will lead to improvements in compliance and
in environmental conditions. The  Regions and  States should discuss how to work together to
ensure that the highest priority work gets done, including consideration of this NPM Guidance,
along with guidance of other EPA programs.

Regions and States should develop  draft numbers for the commitments contained in the guidance
that relate to state and tribal activities.  Regions should also assess their own resource levels in
relation to the priority work identified  in the regional/state discussions and the state and tribal
contributions to that work, and the work outlined in the NPM Guidance.

OECA will hold a planning discussion with each Region at the senior management level during
the spring of 2011 to discuss the strategic allocation of the Region's resources,  with the  goal of
informing the negotiation of the ACS commitments for the Region for the coming year.  OECA
understands that the demands of ensuring compliance with the myriad of environmental laws and
programs covered by this NPM Guidance may exceed  a Region's resources, and wants to ensure
that available resources are put towards addressing the most important sources and most  serious
violations that affect the environment and public health.

Current schedules call for Regions to enter their draft targets into the annual commitment system
by July 9, 2011. By completing OECA and regional senior management discussions prior to this
time,  the process for resolving any issues and finalizing  annual  regional  targets  should be
streamlined.  During this same time, Regions should engage States and Tribes in negotiations to
complete the grant process (PPAs, PPGs, and Categorical Grants), including translating regional
targets into  formal  commitments  supported by state-by-state agreements.   All  commitments
should be final by October 22, 2011.

B. FTE Resource Charts

The Regions should complete FTE charts similar to the charts completed in previous planning
cycles. Charts organize FTE information by goal, objective, and sub-objective, and then cross-
walk to the media program elements. The importance of the FTE Resource Charts is significant
due to increased interest from the Office of Management and Budget, the Inspector General, and
Congress. Regions will receive FTE templates  in August 2011.  It is imperative that Regions
complete these charts and submit these documents to  Christopher Knopes and Lisa Raymer on
September 3 0,2011.

   •  2011  Final  - Enter the Region's final FTE allocation for FY2011 in the  2011 Final
      column.
FY2012 OECA NPM Guidance                                                   Page 81

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   •  2012 Proposed - Enter the Region's proposed FTE allocation for FY2011 in the 2012
      Proposed column.  Headquarters recognizes that FTE levels may change after the Agency
      receives the FY2011 enacted budget after October 1, 2012. Therefore this number is a
      "best guess" estimate.
FY2012 OECA NPM Guidance                                                 Page 82

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SECTION X. LIST OF ACRONYMS
                               A
 ACS - Annual Commitment System
 AHERA - Asbestos Hazard and Emergency Response Act
 AFS - Air Facilities System
 AFS ICR - Air Facilities System - Information Collection Request
 AST - Above Ground Storage Tank
 ASDWA - Association of State Drinking Water Administrators

                               B
 BIA - Bureau of Indian Affairs
 BMP - Best Management Practices
 BoP - Bureau of Prisons

                               C
 CA - Compliance Assistance
 CAA - Clean Air Act
 CAC - Compliance Assistance Coordinator
 CACDS - Compliance Assistance Conclusion Data Sheet
 CAFO - Concentrated Animal Feeding Operations
 CBP - Customs and Border Protection
 CBI - Confidential Business Information
 CCDS - Case Conclusion Data Sheet
 CDC - Centers for Disease Control
 CEC - Commission for Environmental Cooperation
 CEI - Compliance Evaluation Inspection
 CERCLA - Comprehensive Environmental Response, Compensation and
 Liability Act
 CESQG - Conditionally-exempt Small Quantity Generator
 CFC - Chlorofluorocarbon
 CID - Criminal Investigation Division
 CIPs - Compliance Incentive Programs
 CMS - Compliance Monitoring Strategy
 CRT - Cathode Ray Tubes
 CSOs - Combined Sewer Overflows
 CSS - Combined Sewer Systems
 CWA-Clean Water Act

                               D
 DARTER - Data on Aquatic Resource Tracking for Effective Regulation

FY2012 OECA NPM Guidance                                                Page 83

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 DMR - Discharge Monitoring Report
 DOH - Department of Homeland Security
 DOJ - Department of Justice

                               E
 EA - Environmental Assessment
 EIS - Environmental Impact Statement
 EJ - Environmental Justice
 EJAC - Environmental Justice Areas of Concern
 EJSEAT - Environmental Justice Strategic Enforcement Assessment Tool
 EBLLs - Elevated Blood Lead Levels
 EMP - Environmental Management Practices
 EMR - Environmental Management Reviews
 EMS - Environmental Management System
 EPA - Environmental Protection Agency
 EPCRA - Emergency Planning and Community Right to Know Act
 ERPs - Enforcement Response Policies
 ERP - Environmental Results  Program
 ESD - Explanations of Significant Differences
 ETT - Enforcement Targeting Tool

                               F
 FCE - Full Compliance Evaluation
 FEMA - Federal Emergency Management Agency
 FFA - Federal Facility Agreement
 FFEO - Federal Facilities Enforcement Office
 FIFRA - Federal Insecticide Fungicide and Rodenticide Act
 FTE - Full Time Equivalent
 FTTS/NCDB - FIFRA-TSCA Tracking System/National Compliance
 Database
 FRP - Facility Response Plan
 FRV - Federally Reportable Violations
 FUDS - Formerly Used Defense Sites
 FY-Fiscal Year

                               G
 GACT - Generally Available Control Technology
 GAO - Government Accounting Office
 GHG - Greenhouse Gas
 GIS - Geographic Information System
 GME - Groundwater Monitoring Evaluation
 GOCO -Government Owned/  Contractor Operated


FY2012 OECA NPM Guidance                                                 Page 84

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 GOPO - Government Owned/Privately Operated
 GPRA - Government Performance and Results Act

                               H
 HAP - Hazardous Air Pollutant
 HCFC - Hydrochlofluorocarbons
 HPV - High Priority Violators
 HPPG - High Priority Performance Goal
 HQ - Headquarters
 HUD - Housing and Urban Development

                                I
 IAC - Innovative Action Council
 ICDS - Inspection Conclusion Data Sheet
 ICI - Integrated Cleanup Initiative
 ICIS - Integrated Compliance Information System
 ICIS - NPDES Integrated Compliance Information System - National
 Pollutant Discharge Elimination System
 ICR - Information Collection Request
 IG - Inspector General
 INECE - International Network for Environmental Compliance and
 Enforcement
 IU - Industrial Users
 IPOD - ICIS Policy on Demand

                               L
 LBP - Lead-based Paint
 LDAR - Leak Detection and Repair
 LEA - Local Education Authority
 LGEAN - Local Government Environmental Assistance Network
 LQG - Large Quantity Generator
 LVE - Low Volume Exemptions

                               M
 MACT - Maximum Achievable Control Technology
 MDR - Minimum Data Requirements
 MITC - Methyl Isothiocyanate
 MO A - Memorandum of Agreement
 MOU - Memorandum of Understanding
 MS4 - Municipal Separate Storm Sewer System
 MSGP - Multi-sector General Permit
FY2012 OECA NPM Guidance                                                 Page 85

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                                N
 NAAQS - National Ambient Air Quality Standards
 NEI - National Enforcement Initiative
 NEIC - National Enforcement Investigations Center
 NEJAC - National Environmental Justice Advisory Council
 NEPA - National Environmental Policy Act
 NESCA - National Enforcement Strategy for Corrective Action
 NESHAP - National Emissions  Standards for Hazardous Air Pollutants
 NETI - National Enforcement Training Institute
 NOA - Notice of Arrival
 NOV - Notice of Violation
 NOx - Nitrogen Oxide
 NPDES -National Pollutant Discharge Elimination System
 NPL - National Priorities List
 NPM - National Program Manager
 NRC - National Response Center
 NRCS - Natural Resource Conservation Services
 NSPS - New Source Performance Standards
 NSR - New Source Review
 NTP - National Training Plan

                                O
 OAM - Operation and Maintenance
 OAP - Office of Administration and Policy
 OC - Office of Compliance
 OCE - Office of Civil Enforcement
 OCEFT - Office of Criminal Enforcement, Forensics and Training
 OCFO - Office of Chief Financial Officer
 OCIR - Office of Congressional and Intergovernmental Relations
 OCSPP - Office of Chemical Safety, Pesticides, and Prevention
 ODS - Ozone Depleting Substances
 OECA- Office of Compliance and Assurance
 OEI - Office of Environmental Information
 OEJ - Office of Environmental Justice
 OF A - Office of Federal Activities
 OGD - Office of Grants and Disbarment
 OIG - Office of the Inspector General
 OMB - Office of Management and Budget
 OPA - Oil Pollution Act
 OPP - Office of Pesticide Programs
 OSHA - Occupational Safety and Health Administration
 OSWER - Office of Solid Waste and Emergency Response
 OTIS - Online Tracking Information System

FY2012 OECA NPM Guidance                                                  Page 86

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                                p
 PBT - Persistent Bio-accumulative Toxics
 PCB - Polychlorinated Biphenyls
 PCE - Partial Compliance Evaluation
 PCS - Permit Compliance System
 PEI - Production Establishment Inspections
 PFA - Preliminary Financial Assessments
 PM10 - Particulate Matter
 PMN - Pre-manufacturing Notice
 POTW - Publically Operated Treatment Works
 PPA - Performance Partnership Agreement
 PPG - Performance Partnership Grants
 PRE - Pre-renovation Education
 PRP - Potentially Responsible Party
 PSD - Prevention of Significant Deterioration
 PWS - Public Water System
 PWSS - Public Water System Supervision

                                R
 RCRA - Resource Conservation Recovery Act
 RCRAInfo - Resource Conservation and Recovery Act Information
 RECAP - Regional Enforcement and Compliance Assurance Program
 RED - Re-registration Eligibility Decision
 RI/FS - Remedial Investigations/Feasibility Study
 RMP - Risk Management Plan
 ROD - Record of Decision
 RR+P - Renovation, Repair and Painting

                                S
 SAAP - Special Appropriations Act Projects
 SAC - Special Agent-in-Charge
 SCAP - Superfund Comprehensive Accomplishment Planning
 SDWA - Safe Drinking Water Act
 SDWIS/ODS - Safe Drinking Water Information System/ Operational
 Data System
 SEC - Securities and Exchange Commission
 SEE - Senior Environmental Employment
 SEP - Supplemental Environmental Project
 SIP - State Implementation Plan
 SGTM - State Grant Template Measures
 SITS - Strategy Implementation Teams

FY2012 OECA NPM Guidance                                                  Page 87

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 SLAB - Spent Lead Acid Batteries
 SLPD - Special Litigation and Projects Division
 SNCs - Significant Noncompliance
 SNURs - Significant New Use Rules
 SOC - Significant Operational Compliance
 SO2 - Sulfur Dioxide
 SPCC - Spill Prevention Control and Countermeasures
 SPEVI - Superfund Program Implementation Manual
 SQG - Small Quantity Generator
 SRF - State Review Framework
 SSO - Sanitary Sewer Overflows
 STAG - -State and Tribal Assistance Grant
 SWPPP - Stormwater Pollution Prevention Plan

                                T
 TRI - Toxic Release Inventory
 TSCA - Toxic Substance Control Act
 TSD - Treatment, Storage and Disposal
 TSDF - Treatment, Storage and Disposal Facility
 TSS - Total Suspended Solids
 TVA - Tennessee Valley Authority

                                U
 UIC - Underground Injection Control
 UNICOR - trade name of Federal Prison Industries
 USCBP - U.S. Customs and Border Protection
 UST - Underground Storage Tank

                                V
 VCMA - Volume of Contaminated Media Addressed
 VOC - Volatile Organic Compounds

                               W
 WCED - Waste and Chemical Enforcement Division
 WPS - Worker Protection Standards
 WW - Wet Weather
FY2012 OECA NPM Guidance                                                 Page 88

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FY 2012 Annual Commitment System (ACS) Attachment Template
ENVIRONMENTAL PROTECTION AGENCY
OECA


Opt Col




























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Measure Text


The number of compliance evaluations to be conducted by the regions at majors sources,
80% synthetic minors, and other sources (as appropriate). [Note: Region should break out
evaluation projections by source classification and by compliance monitoring category
(FCE, PCE, and Investigations). In the comment section, each region should also provide
the number of federal facility FCEs, PCEs and investigations. Projected investigations
under this commitment are those investigations initiated by the Regions for the air
enforcement program outside of the National Enforcement Initiatives, and identified by the
air program (e.g., MACT, NSPS).
Ensure that delegated state agencies implement their compliance and enforcement
programs in accordance with the CAA CMS and have negotiated facility -specific CMS
plans in place. The Regions are to provide the number of FCEs at majors and 80%
synthetic minors to be conducted by individual state/local agencies to demonstrate program
implementation consistent with CMS. However, if a delegated agency negotiates with a
Region an alternative CMS plan, this Commitment should reflect the alternative plan.
[Note: Break out evaluation projections (e.g., FCEs; PCEs included in alternative plan) by
source classification]. Prior to approving an alternative plan, Regions should consult with
the Office of Compliance (OC) and provide OC with information on how the state/local
agency compliance monitoring air resources will be redirected and the rationale for making
the change.
The Regions and delegated agencies should enter 100% of MDRs in AFS consistent with
Agency policies, including the 2010 FRY Clarification, and the AFS ICR. The reporting of
such complete, accurate, and timely data by delegated agencies should be reflected in
written, up-to-date agreements with the Regions. If the Region is responsible for entering
data for a delegated agency or Tribe, the Region should identify the delegated agency or
Tribe.
By December 3 1, 201 1, provide a specific NPDES Compliance Monitoring Strategy
Non-
Commi
tment
Indicat
or
(Y/N)



N









N







N
1 N


N
State
Perform
ance
Measure
(Y/N)



N









N







N
1 N


N

Planni
ng
Target




N

















N



N
National
Target
(FY2011
Pres.
Bud)




N








N
1 N







N


N

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RCRA01




RCRA01.
s
RCRA03
RCRA02
(CMS) plan for each State in the Region. The plan should provide universe information for
the CMS categories; sub-categories covered by the CMS and combined EPA and State
expected accomplishments for each category and subcategory. The plan should identify
trade-offs made among the categories utilizing the flexibility designed into the CMS policy
to target the most significant sources with potential to impact water quality. At end of year
provide for each State a numerical report on EPA and state inspection plan outputs, by
category and subcategory. To increase the transparency of NPDES inspection data, OECA
will work with Regions and State associations to develop formats for releasing inspection
data on CMS implementation performance on a state-by-state basis.
Regions should submit summaries of the collaborative EPA/State annual work planning
process addressing NPDES permitting, compliance monitoring, and enforcement activities,
including work-sharing, to the Office of Compliance and the Office of Wastewater
Management by October 3 1, 201 1 for FY 2012 activities.
Regions should focus their CWA enforcement work towards meeting the national target of
37% for concluding federal judicial and administrative enforcement actions resulting in a
reduction of pollutants that pertain to facilities discharging into waters that do not achieve
water quality standards. The regions should report their data per the November 2010
guidance issued by OECA, and any subsequent updates issued for FY2012.
During FY 2012, the primacy agency must address with a formal enforcement action or
return to compliance the number of priority systems equal to the number of its PWSs that
have a score of 1 1 or higher on the July 201 1 ETT report.
Project by State, and Indian country where applicable, the number of operating non-
governmental TSDFs, to be inspected by the Region during the year1. Regions must
commit to inspect at least two (2) TSDFs in each State or Indian country unless OECA
approves a deviation from this requirement. For example, deviations are given for states
with small universes where it might not make sense for a Region to inspect two TSDFs per
year. Financial responsibility is an important component of the RCRA core program and
should be included as part of the inspection of each TSDF (although the financial
responsibility reviews do not have to occur at the same time nor be conducted by the same
people who conduct the field inspections).
Project by State the number of operating TSDFs to be inspected by the State during the
year.
Inspect each operating TSDF operated by states, local, or Tribal governments.
Project by State and Indian country, the number of LQGs, including those at federal










N
1 N



N



N





N




N

N
N










N
1 N



N



N





N




N

N
N










N
1 N



N



N
1 N




N




N

N
N










N
1 N



N



N
1 N




N





N
N
N
1 Currently there is only one TSD in Indian country.

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5


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5



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EPCRA
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facilities, to be inspected by the Region during the year. Each Region must commit to
inspect at least six (6) LQGs in each State, and 20% of the Region's LQGs universe in
Indian country, unless OECA approves a deviation from this requirement. For example,
deviations are given for states with small universes where it doesn't make sense for a
Region to inspect 6 LQGs per year or 20% of the Region' s LQG universe in Indian
country. In the Comment Section, provide the number of federal facility LQG inspections.
Project by State the number of LQGs to be inspected by the State during the year. At least
20 percent of the LQG universe should be covered by combined federal and State
inspections unless an alternative plan is approved under the RCRA CMS.
Project by State and Indian country the number of financial assurance mechanisms to be
reviewed by the Region during the year. Regions must commit to review financial test
and/or corporate guarantee submissions for compliance with the closure and post-closure
regulations at a number of facilities at least equal to the Region's commitment under
RCRA01. As an alternative, Regions may choose to conduct formal financial record
reviews for facilities that did not have a financial assurance review during the FY 2005-FY
2010 as part of the national enforcement initiative. The financial test/corporate guarantee
compliance evaluations or financial record reviews may occur at the same facilities being
inspected under RCRA01 or at different TSDFs.
For 100% of the financial test submissions received each fiscal year for corrective action
with cost estimates over $5 million, determine whether the submission is in compliance.
Where the submission is noncompliant, take appropriate enforcement action to address
noncompliance (e.g., notice of violation). If possible, return facility to compliance by end
of fiscal year.
Project the number of FY2012 TSCA inspections.
Project regional (federal) FIFRA inspections, including those at federal facilities. Each
Region should conduct a minimum often (10) FIFRA inspections. In the Comment
Section, provide the number of federal facility inspections.
Conduct at least 4 EPCRA 313 data quality inspections.
Conduct at least 20 EPCRA 313 non-reporter inspections.
Each Region must conduct ten (10) federal facilities inspections to support integrated
strategy areas, which include stormwater; federal underground storage tanks, federal
prisons; RCRA surface impoundments, RCRA corrective action sites, and vulnerable
populations. These inspections can be achieved through any combination of single media
or multimedia inspections with the following limitations: (1) a maximum of three UST
inspections can count toward this goal and (2) a maximum of three (3) vulnerable
community inspections can count toward this goal, and (3) for any multimedia inspection
conducted, it shall count as two inspections toward this goal if two of the individual







N





N






N


N

N

N
N



N
1 N










N





N






N


N

N

N
N



N
1 N










N





N
1 N





N
1 N

N

N

N
N



N
1 N










N




N
1 N





N
1 N


N

N

N
N



N
1 N




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5

SRF01
inspections support the Integrated Strategies. These inspections may simultaneously
satisfy inspections commitments required in National Enforcement Initiative or other core
program areas.
Develop a schedule of state reviews for the four years of Round 3 (2012-2016), completing
all remaining states from Round 2 in 2012. Included in this 2012 work are conducting for
one state, an integrated permit and enforcement review process. Identify the number of
Round 3 reviews to be conducted, consistent with SRF guidance in FY2012, by year and
by state. Where appropriate, program improvements should be captured in appropriate
negotiated PPAs, PPGs, or categorical grant agreements between the Region and the State,
with accountability for carrying out those commitments. Information on SRF reviews,
along with the recommendations, are to be entered into the SRF Tracker.

N

N

N

N

-------