Office of Solid Waste and Emergency Response
FY 2012 NATIONAL PROGRAM
MANAGER'S GUIDANCE
Final - April 29, 2011
Publication Number 550B11001
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of
Executive Summary 1
EPA Administrator's Priorities 13
Taking Action on Climate Change 14
Improving Air Quality 15
Assuring the Safety of Chemicals 15
Cleaning Up Our Communities 15
Protecting America's Waters 20
Expanding the Conversation on Environmentalism, Working for Environmental Justice and
Children's Health 20
Building Strong State, Tribal and International Partnerships 21
Advancing Science, Research and Technological Innovation 23
Strengthening EPA's Workforce and Capabilities 23
Key National Program Strategies and Priorities 24
Superfund Remediation and Federal Facilities 24
Contaminated Site Cleanup Strategies 26
Green Remediation Strategy 34
Post-Construction Activities 34
Emergency Response and Prevention 37
Emergency Response and Removal Program 37
National Approach to Response 38
Facility Oil Spill Preparedness and Prevention Program 40
Chemical Accident Prevention, Preparedness and Response Program 40
Brownfields and Land Revitalization 43
Assessment, Cleanup, Revolving Loan Fund, and Job Training 45
Area-Wide Planning Pilots 47
State and Tribal Response Programs 48
Targeted Brownfields Assessment Program 49
RCRA Waste Management 58
Sustainable Materials Management 58
Permitting Program 61
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Corrective Action Program 65
Underground Storage Tanks 68
Regulatory Framework 69
Prevention and Detection of Releases 72
Cleaning Up Contamination 73
Performance Monitoring and Reporting 77
Tribal Program Development 80
Environmental Justice 82
Community Action for a Renewed Environment 83
State Grant Work Plan Instructions 85
Attachments
FY 2012 Measures Appendix I
Explanation of Key Changes between FY 2011 and FY 2012 II
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Executive Summary
I. Program Office
This guidance contains implementation priorities for all OSWER program offices: the
Office of Superfund Remediation and Technology Innovation (OSRTI), the Federal
Facilities Restoration and Reuse Office (FFRRO), the Office of Emergency Management
(OEM), the Office of Brownfields and Land Revitalization (OBLR), the Office of
Resource Conservation and Recovery (ORCR) and the Office of Underground Storage
Tanks (OUST). OSWER's enforcement counterparts, principally the Office of
Enforcement and Compliance Assurance's (OECA) Office of Site Remediation
Enforcement (OSRE) and Federal Facilities Enforcement Office (FFEO), also are
represented in this guidance. Additionally, OSWER collaborates with other agency
programs on cross-media issues to address environmental concerns as One EPA.
II. Introduction/Context
The OSWER guidance defines national policy, strategic goals and priority activities and
related enforcement goals managed by OECA and should be used by the regions, and in
some instances, states and tribes. This guidance, prepared to implement priorities
described in EPA 's FY 2011-2015 Strategic Plan1 and in EPA 's FY 2012 Annual
Performance Plan and Congressional Justification2, should be used by the regions to
align their activities with this guidance. Separately, it should be used to assist in National
Environmental Performance Partnership System (NEPPS) discussions with states and
with tribes as appropriate. The issuance of this guidance also marks the beginning of the
process wherein regions, with input from states and tribes, establish their performance
commitments toward achieving the agency's goals and enter them into the Annual
Commitments System (ACS). Regions should allocate FTE and extramural resources as
needed to achieve these national goals.
III. Program Priorities
In January 2010, EPA Administrator Lisa P. Jackson highlighted seven priorities to focus
the work of the agency. These themes include taking action on climate change,
improving air quality, assuring the safety of chemicals, cleaning up our communities,
protecting America's waters, expanding the conversation on environmentalism and
working for environmental justice and building strong state and tribal partnerships.
OSWER supports these goals by cleaning up and restoring contaminated land, ensuring
proper management of waste and petroleum products, promoting sustainable materials
lrThe FY 2011-2015 EPA Strategic Plan can be found at http://www.epa.gov/ocfo/plan/plan.htmWaste
programs and their enforcement components are contained in goal 3.
2 EPA's FY 2012 Annual Performance Plan and Congressional Justification can be found at
http://www.epa.sov/planandbudset/annualplan/FY 2012 Annual Plan.pdf
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management (SMM), preparing for emergencies and strengthening oversight of oil and
chemical facilities subject to response and risk management plan requirements. The
Community Engagement Initiative (CEI) advances the conversation on environmentalism
by enabling early and effective community engagement of all stakeholders to ensure
meaningful participation in government decisions on land cleanup, emergency response,
and the management of hazardous substances and waste. Environmental justice is a
priority through all of OSWER's waste programs, promoting community engagement and
healthy and environmentally sound conditions for all people. Similarly, SMM is a
priority throughout all of OSWER's waste programs. SMM seeks to minimize waste at
all stages of the material life cycle, from raw material extraction though processing,
product design and manufacturing, product use, collection and process, and disposal.
IV. Regional Priorities
OSWER works with EPA's 10 regional offices, states, tribes and other partners, to
achieve its national goals. Regional offices also undertake efforts with our partners to
address region-specific environmental conditions or concerns. OSWER recognizes these
challenges and strives to provide flexibility and support for regional strategies that align
with our shared priorities and goals.
V. Implementation Strategies
OSWER's cleanup programs stress the importance of incorporating environmental justice
into all of its regulatory and non-regulatory activities. Recognizing that certain
communities are disproportionately burdened by pollution - including minority and low
income communities and tribes - OSWER works to address adverse health and
environmental effects and to ensure they are given the opportunity to participate
meaningfully in environmental cleanup decisions. The program places a strong emphasis
on engaging communities in all stages of decision-making processes and working
collaboratively to develop solutions that address community concerns.
In FY 2012, OSWER will continue to implement its CEI3 designed to enhance
headquarters and regional program engagement with 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 OSWER to refocus and renew its vision for early and
effective community engagement, build on existing good practices, and apply them
consistently in EPA processes. Proactive, meaningful engagement with communities will
enable OSWER and regional programs to obtain better information about the
environmental problems and local situations, leading to more informed and effective
policies and decisions.
The goals of the CEI are to ensure transparent and accessible decision-making processes,
deliver information that communities can use to meaningfully participate and enhance
3 The Community Engagement Initiative (CEI) Action Plan can be found at
http://www.epa.gov/oswer/docs/cei action_plan_12-09.pdf
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EPA's culture and management processes to produce outcomes that are responsive to
community perspectives and that ensure timely cleanup decisions. Specific activities as
identified in the CEI Implementation Plan will be implemented in FY 2012 with ongoing
feedback and input from communities, stakeholders, local governments, tribes, and states.
Activities that will be undertaken under CEI include more effective delivery of technical
assistance, risk communication, information to at-risk communities, and training
(workplans under development in FY 2011). Moreover, the CEI Implementation Plan
may be enhanced with recommendations from key workgroups.
In FY 2012, OSWER and OECA will continue to implement the Integrated Cleanup
Initiative (ICI), a multi-year effort to better use the most appropriate assessment and
cleanup authorities to address a greater number of sites, accelerate cleanups where
possible, 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. EPA will evaluate lessons learned in ICI pilot efforts to
integrate into key parts of the base program. Under current budgetary challenges, focus
on the ICI and resulting efficiency gains will prove increasingly important.
As part of the ICI, OSWER will continue to implement the measure, "Number of
remedial action (RA) projects completed at Superfund NPL sites," which is being
reported for the first time in FY 2011. This measure augments the long-standing site-
wide construction completion measure by reporting incremental progress in protecting
human health and the environment. Tracking and reporting progress at sites at a more
granular-level provides the perspective that is fundamental to project management
strategy.
Under the ICI, EPA is exploring new and innovative ideas for managing remedial
projects to completion to clean up sites as efficiently as possible. In the fall of 2010,
senior Superfund regional and headquarters managers considered experience gained over
the last 30 years, explored opportunities to overcome common remedial program
challenges, and discussed business process options to accelerate the way Superfund
remedial projects are managed from the Remedial Investigation/Feasibility Study (RI/FS)
through site completion. Nine pilot projects were identified where best management
practices and innovative solutions are being employed to accelerate or otherwise improve
the cleanup process.
All nine pilots will benefit from enhanced collaboration between headquarters and
regional staff to ensure that any resource management, policy, or technical issues are
resolved as quickly as possible. In addition, regional and headquarters management have
developed a draft action plan that outlines a strategy for the Superfund program to
improve focus on site project management opportunities and issues. Progress will
continue to be reported quarterly for all pilots during FY 2012.
OSWER believes that other cleanup programs could benefit from a project management
approach. Regional project management teams should establish the scope, schedule and
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budget of each individual project (e.g., assessment, design or cleanup) to manage to
completion. Through periodic reviews of key projects, the teams and regional and
headquarters management as appropriate will identify barriers to the timely completion of
projects and work toward resolving those issues.
In FY 2012, the Superfund Remedial program's top priority remains reducing risk to
human health and the environment by constructing long-term remedies to address
contaminated sites on the NPL. EPA will continue to address complicated environmental
and human health problems such as contaminated soils in residential areas and
contaminated sediments, surface water and groundwater. The agency's goal is ultimately
to provide long-term human health and environmental protection at the nation's most
contaminated hazardous waste sites and return sites to communities for reuse. In addition
to its cleanup work, the Superfund Remedial program will, where appropriate, undertake
interim response actions to protect people and the environment from the acute threats
posed by uncontrolled hazardous wastes or contaminated groundwater. These efforts
demonstrate EPA's commitment to protecting human health and the environment from
possible short- and long-term effects of site-related contamination.
The Superfund Federal Facilities Response program will focus on enhancing the cleanup
process, oversight and promoting reuse of properties at federal facilities listed on the NPL
and specific Base Realignment and Closure (BRAC) bases. As BRAC sites are cleaned
up and/or transferred, the resources that the Department of Defense (DoD) provides to
EPA will decrease. OSWER continues to work closely with DoD to ensure those
properties being transferred post cleanup, or transferred prior to cleanup, meet the
statutory requirements.
BRAC program needs continue to decline as more BRAC sites are cleaned up or
transferred. At the BRAC I-IV NPL sites, EPA will continue to work collaboratively
with our federal, state, tribal and local partners as well as affected communities. The
Federal Facilities Enforcement program will use the most appropriate enforcement and
compliance tools to address the significant problems at these sites. In addition, the
program will attempt to resolve outstanding site-specific disputes as well as obtain and
enforce statutorily-mandated Interagency Agreements (IAs)/Federal Facility Agreements
(FFAs) at NPL sites. The Superfund Federal Facilities Response and Enforcement
programs will work together to ensure that the Federal Government fully addresses its
responsibilities at NPL and at BRAC sites with active EPA involvement.
The Superfund Removal and Oil programs will ensure that releases of hazardous
substances and oil in the inland zone are appropriately addressed to reduce the threat to
human health and the environment. The Oil program will promote spill prevention by
communicating the revised Spill Prevention, Control and Countermeasure (SPCC)
regulation and by working with industry to implement the requirements. In FY 2012, the
program will place increased focus on inspecting high risk oil facilities (e.g., those with
Facility Response Plans ), will establish a third party audit program for SPCC facilities
and will develop a national Facility Response Plan (FRP) database including identifying
requirements for electronic submission of FRPs. The program will continue to support
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local, state, tribal and other federal responders at incidents when federal support is
needed and appropriate, and direct and/or monitor responses by responsible parties. The
program also has begun to identify issues and lessons learned from the Deepwater
Horizon Response and will use this information to inform policy decisions and improve
response operations.
Specifically, EPA will revise Subpart J of the National Oil and Hazardous Substances
Pollution Contingency Plan (NCP) that stipulates the criteria for listing and managing the
use of dispersants and other chemical and biological agents used to mitigate oil spills.
EPA will also work with the U.S. Coast Guard to strengthen Area Contingency Plans
(ACPs) and Regional Contingency Plans via revising and implementing guidance based
on lessons learned from the Deepwater Horizon oil spill, discussions at National
Response Team (NRT) and Regional Response Team (RRTs) meetings, and enhanced
preparedness exercises. The ACPs detail the responsibilities of various parties in the
event of a spill/release, describe unique geographical features, sensitive ecological
resources, and drinking water intakes for the area covered, and identify available
response equipment and its location.
EPA will ensure a coordinated effort concerning homeland security issues, among its
own offices and with other federal agencies, to prepare for coordinated and effective
responses to nationally significant incidents. EPA also will actively audit facilities that
are required to have Risk Management Plans (RMPs), analyze RMP data to understand
trends and causes of chemical accidents and utilize this data to conduct outreach to
improve chemical safety, provide greater transparency and address broad community
impacts. In FY 2012, EPA's chemical accident prevention and emergency planning
programs will increase its efforts to reduce risks at high-risk chemical facilities. In the
FRP and RMP programs, EPA will seek to engage affected communities and bring
greater transparency to the risks involved as well as preparations for responding to
potential risks and releases.
The Brownfields and Land Revitalization program will promote assessment, cleanup, and
redevelopment of brownfields and other contaminated properties; area-wide planning;
fund grant programs and other research efforts; clarify liability issues; enter into
partnerships with local, state, tribal and federal entities; conduct outreach activities; and
enhance its support of environmental job training programs. Resources will be targeted
based on need, with priority for economically distressed and disadvantaged communities.
To the extent possible, the grant process and workplan approval process will be
streamlined to accelerate the delivery of resources and the accomplishment of the needed
work. Regions will continue to: support the national grant competition; emphasize
performance and outcome measurement; work with state and tribal co-implementers of
the Brownfields law; provide technical outreach support; emphasize job training and job
creation; and address environmental justice issues as directed by Executive Order 12898.
Where possible, the program will utilize public outreach tools such as webinars, video
town-halls and similar methods to communicate best practices and lessons learned.
The program will include pre-solicitation outreach to underserved communities and
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tribes. Targeted Site Assessment resources will be prioritized for projects that have
viable plans for cleanup and redevelopment, particularly in underserved and distressed
communities. The Brownfields program also will continue to promote sustainability
research and provide technical assistance to communities to implement sustainable
redevelopment practices on brownfields and other contaminated properties.
The Brownfields and Land Revitalization program will take steps to speed the delivery of
funds to successful brownfields grant applicants, and will work to strengthen the link
between job training and job creation through grant guideline revisions, outreach and
stronger communication. In FY 2012, the Brownfields program will continue to evaluate
whether or not the delivery of its resources to communities, states and tribal governments
for site assessments are effectively leading to the cleanup and reuse of the brownfield
sites. The evaluation will also explore ways to strengthen the critical link between site
assessments, site cleanup and site reuse.
In FY 2011, OSWER began implementing its Brownfields Priority Goal initiate 20
community-level projects that will be focused as brownfields area-wide planning pilots,
as part of an enhanced effort to benefit under-served and economically disadvantaged
communities. This initiative allows communities to assess and address multiple
brownfields sites within their boundaries, through area-wide planning to enable
redevelopment of brownfields properties through area-wide improvements. For the 23
community-level projects that were selected (three more than the stated goal of initiating
20 projects), EPA will provide technical assistance, coordinate its enforcement, water and
air quality programs, and work with other federal agencies, states, tribes and local
governments to identify infrastructure and other revitalization needs and will help
implement associated targeted environmental improvements identified in each
community's area-wide plan. In FY 2012, the Brownfields program will allocate
resources to fund approximately 20 additional brownfields area-wide planning projects.
Similarly, as part of the ICI, the Brownfields and Removal programs will work together
to coordinate use of the two programs to increase revitalization and economic
development at brownfield and removal sites.
The RCRA program continues its focus on two primary areas. One is the continued
existing statutory obligations to ensure the safe management of hazardous and non-
hazardous waste and to clean up hazardous and non-hazardous releases. The other is our
emphasis on resource conservation and sustainable materials management (SMM). SMM
aims to reduce the societal impact of materials throughout their life-cycle by seeking to
avoid unintended environmental consequences in how they were mined, manufactured,
distributed, used, reused, recycled and disposed. In FY 2012, EPA will more fully
transition from exclusively waste management under the Resource Conservation
Challenge (RCC) program to a SMM program. In the process, we will disinvest in
several RCC partnership programs, including Recycling on the Go, GreenScapes, Carpet
America Recovery Effort, School Chemical Cleanout Campaign, the National Partnership
for Environmental Priorities (NPEP) and a number of region-specific RCC efforts.
Instead, the RCRA program will focus on an approach that:
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Enables the Federal Government to lead by example, with emphasis on reducing
the environmental footprint of the Federal Government;
Works with states and local governments aiming for zero waste and SMM;
Considers specific sectors of potential promise (electronics, food waste, and
packaging); and
Evaluates EPA's permitting and regulatory work for impacts on sustainable
materials use.
Efficiencies gained through SMM approaches will become increasingly important under
current resource constraints.
The Underground Storage Tank (UST) program will continue to assist states and tribes in
implementing the UST program. The program has a strong focus on preventing leaks
from USTs, and detecting, as early as possible, leaks when they occur. EPA works very
closely with, and provides assistance to, states to help them continue to implement their
base programs, as well as to meet their responsibilities authorized under the Energy
Policy Act of 2005. The UST program is currently updating the federal regulations to
incorporate Energy Policy Act provisions and update additional provisions of the
regulations based on suggestions from extensive stakeholder outreach.
The UST program, in close coordination with EPA's Air program, is working to ensure
that higher blends of ethanol such as El 5 are stored in compatible UST systems in order
to avoid any unintended consequences such as a potential increase in the number of leaks
from systems that are not compatible. The program also has a strong cleanup focus to
assess and clean up leaks from USTs, and to promote redevelopment of sites
contaminated with petroleum (i.e., petroleum brownfields). Through cross-regional and
state coordination, EPA and its partners will identify a practical suite of strategies to
accelerate corrective action, improve program management and target sites of interest.
Such strategies are an outgrowth of a detailed study of the backlog completed by the
program in FY 2011.
EPA Superfund Remedial, Underground Storage Tank and Brownfields programs will
continue to monitor progress at projects utilizing American Recovery and Reinvestment
Act (ARRA) funds by advancing cleanup at National Priority List (NPL) sites, maximizing
job creation and retention, and providing environmental and economic benefits; by cleaning
up contaminated leaking underground storage tank sites effectively, while maximizing job
creation and retention and providing economic and environmental benefits (such as
protecting groundwater and cleaning up and reusing contaminated land); and by overseeing
Brownfields assessment, cleanup, new and supplemental Revolving Loan Fund (RLF) and
job training cooperative agreements and providing technical assistance and training to
brownfields communities via regional contracts and Interagency Agreements (IA). For more
information concerning program-specific plans and progress reports, please see
http://www.epa.gov/recovery/plans.html
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EPA, states, territories, and tribes are working together to develop the National
Environmental Information Exchange Network (EN), a secure, Internet-and standards-based
way to support electronic data reporting, sharing, and integration of both regulatory and non-
regulatory environmental data. OSWER places a high priority on increasing the use of the
EN for the transmission of RCRA Subtitle C data from states to EPA and from EPA to
the states. More information on the Exchange Network is available at
http ://www. exchangenetwork.net/
VI. Performance Measures
EPA is pursuing program efficiencies under its ICI to improve the management of the
program and increase joint efforts among programs as well as defining and implementing
new performance measures that further describe the achievements of EPA's cleanup
programs. In FY 2012, OSWER will continue to implement the measure, "Number of
remedial action (RA) projects completed at Superfund NPL sites," which is being
reported for the first time in FY 2011. This measure augments the long-standing site-
wide construction completion measure by reporting incremental progress in protecting
human health and the environment. The FY 2012 target of completing 113 RA projects
will be achieved in part through the actions outlined in the ICI.
OSWER will also continue to implement its new remedial site assessment measure,
"Number of Superfund remedial site assessments completed," which more fully accounts
for all remedial assessment work performed during the Superfund site assessment
process.
As part of the ICI, OSWER will release an annual OSWER Clean-up Program Progress
Report to communicate the progress and benefits of OSWER's programs in a more
integrated fashion. This report will discuss the progress all of OSWER's cleanup
programs are making, discuss the benefits of the programs, and identify trends and future
challenges.
OSWER continues to emphasize the importance of cross-program revitalization measures
to promote and communicate cleanup and revitalization-related accomplishments and
associated benefits/values to society4. These acres-based measures will enable OSWER
to describe the collective scope of sites being addressed by all of its cleanup programs as
well as acres-based progress. During FY 2007, OSWER programs began implementing
the following three cross-program revitalization measures, which are predominantly
based on information the programs already collect:
Universe Indicator - the total number of sites and acres being addressed by all
OSWER's cleanup programs.
Protective for People Performance Measure - the number of sites and acres at
which there is no complete pathway for human exposures to unacceptable levels
of contamination based on current site conditions.
4 See following website for more information on measuring land revitalization progress:
http://www.epa.gov/landrecvcling/ai measuringprogress.htm
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Ready for Anticipated Uses (RA U) Performance Measure - the number of sites
and acres at which cleanup goals have been achieved for media that may affect
current as well as reasonably expected future land uses, and institutional controls5
identified as part of the remedy are in place.
OSWER programs are expected to provide updates on these measures in the OSWER
Clean-up Program Progress Report.
OSWER has identified performance measures and is exploring their potential for
reflecting benefits to children's health and environmental justice populations. These
include the Superfund and RCRA program human exposures to toxins under control and
the acres of brownfields property made ready for reuse measures. OSWER supports the
agency's focus on children's health and environmental justice and is in the process of
exploring options for reflecting progress in these priority areas.
EPA and DOD have formed a Goal Harmonization workgroup which is committed to
better assess cleanup progress at Superfund federal facility NPL installations in an effort
to: 1) harmonize critical performance measures and metrics; 2) improve out-year
planning; 3) and effectively communicate cleanup results. EPA will also continue to
work with stakeholders, including tribes, to identify and address priority issues in
assessing cleanup progress.
OSWER also is leading a project aimed at providing new internal tools and support in an
effort to improve future planning of site cleanups. This effort analyzes a variety of
metrics and variables, such as current regional targeting practices and historical
accomplishment performance, in order to increase the success rate of future cleanup
estimates.
In the area of waste minimization, OSWER will explore ways to improve data quality for
its current municipal solid waste measure and will work with the regions to develop a
new sustainable materials management metric.
VII. Significant Changes to Priorities or Strategies from FY 2011
Building on one of Administrator Jackson's key priorities, Expanding the Conversation
on Environmentalism and Working for EnvironmentalJustice, EPA released its first ever
environmental justice strategic plan, Plan EJ20J46 This plan is designed as a roadmap
to help EPA integrate environmental justice into all of its programs. The plan includes
five cross-Agency focus areas, tools development, and program initiatives. The five
areas are:
1) Incorporating Environmental Justice into Rulemaking
5 For more information concerning institutional controls please see
http://www.epa.gov/superfund/policv/ic/index.htm
6 For information concerning Plan EJ 2014, please see http://www.epa.gov/compliance/ej/plan-
ei/index.html
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2) Considering Environmental Justice Concerns in EPA permitting Process,
3) Accelerating Compliance and Enforcement Initiatives,
4) Supporting Community-Based Action Programs, and
5) Fostering Administration-Wide Action on Environmental Justice.
OSWER is the lead for Supporting Community-Based Action Programs, one of the cross-
Agency focus areas. OSWER formed a cross-agency workgroup and developed an
implementation plan to address the needs of overburdened, minority, low-income, and
indigenous populations by empowering local communities to take action to improve their
health and environment. The implementation plan will also aid EPA in working with
states to incorporate EJ
This four-year plan will help EPA to develop stronger relationships with communities
and work to improve the environmental conditions and public health in overburdened
communities.
The Brownfields program will help coordinate OSWER's partnership with the Office of
Water in the agency's Urban Waters effort. The program will continue to leverage
OSWER's role in land cleanup and reuse in communities surrounding these waters,
which will be critical in the success of the initiative, by coordinating across programs at
the Regional level on water quality improvement efforts such as TMDL, CSO long term
management plan, and Green Infrastructure strategy development and offering technical
assistance and, where possible, resources for the assessment, cleanup and reuse planning
for contaminated properties in these communities. The Brownfields program also will
participate in and help coordinate OSWER's regional program participation in efforts to
identify and capitalize on opportunities to improve federal coordination on Urban Waters
Federal Partnership Pilots across the country. In addition, the partnership with the
National Park Service for Groundwork is being expanded to include the Office of Water,
which will support Groundwork's capacity for urban waters work.
America's Great Outdoors and Urban Waters overlap substantially as connecting people
in urban centers to the outdoors is an important component of America's Great Outdoors.
America's Great Outdoors sets forth the policy goal of reconnecting people to the
outdoors and Urban Waters focuses in on urban areas and identifies the tools necessary
that will fulfill these policies. By building on the synergy between the two initiatives, we
can focus federal agency resources to successfully implement these important initiatives
in a coordinated and complimentary fashion.
Major outcomes of Urban Waters activities include:
Connect the public to urban waters by providing avenues of access and
participation;
Improve understanding of urban waters and their potential by building public
awareness and involvement;
Instill a sense of public ownership of urban waters;
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Protect and restore of urban waters as shown by measurable improvements to
urban water quality; and
Promote community revitalization through improvements that capitalize on the
social and economic benefits derived from improved urban waters and adjacent
lands.
The Superfund Remedial program will expand regional access to technical resources to
help promote the efficiency of project delivery and to facilitate project progress through
the Superfund pipeline. EPA will work on optimizing groundwater remedies and sharing
best practices with regional offices for cost management and efficiency improvements.
In FY2012, OSWER will work with the regions to see where optimization can be further
integrated into our cleanup work.
In FY 2012, EPA will advance the transition from exclusively waste management under
the Resource Conservation Challenge (RCC) program to a sustainable materials
management (SMM) program. SMM is structured to look at more materials, and the
products and services they are used for, and analyze them from all life cycle stages, not
limited to "end of life" as was the main focus of the RCC. As a result of this transition,
EPA will discontinue its support of many RCC partnership programs, including
Recycling on the Go, GreenScapes, Carpet America Recovery Effort, Schools Chemical
Cleanout Campaign, the National Partnership for Environmental Priorities (NPEP) and a
number of region-specific RCC efforts. Instead, the RCRA program will focus on an
approach that:
Enables the Federal Government to lead by example, with emphasis on reducing
the environmental footprint of the Federal Government;
Considers specific sectors of potential promise (electronics, food waste and
packaging); and
Evaluates EPA's permitting and regulatory work for impacts on sustainable
materials use.
Under its Regaining Ground initiative, EPA requested additional FTE and resources in
FY 2012 to focus its inspection program on high risk Facility Response Plan (FRP)
facilities, to implement a third party audit program for SPCC facilities and to develop a
national FRP database including identifying requirements for electronic submission of
FRPs. As part of the same initiative, EPA requested additional resources for its chemical
accident prevention and emergency planning programs to reduce risks by inspecting more
high-risk chemical facilities to find problems before they become disasters.
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VIII. Program Contacts
Program/Issue
General OSWER
Superfund Remedial
Emergency Management
Brownfields
OSWER Revitalization
Solid Waste
Underground Storage Tanks
Federal Facilities
Tribal
State Liaison/ Innovation
Clean Energy/ Climate Change
Environmental Justice & CARE
Contact
Sue Priftis (202) 566- 1901
Howard Rubin (202) 566-1899
Glen Cuscino (202) 566-1906
ArtFlaks(703)603-9088
Amy Vandenburg (703) 603-9028
Lisa Guarneiri (202) 564-7997
Peter Oh (202) 564-2375
Bill Finan (202) 564-7981
Juanita Standifer (202) 566-2764
Ryan Smith (202) 564-0629
Patricia Overmeyer (202) 566-2774
Wayne Roepe (703) 308-8630
Angela Talaber (703) 308-1848
Adam Klinger (703) 603-7167
Tencil Coffee (703) 603-0053
Brendan Roache (703) 603-8704
Andrew Baca (202) 566-0185
Jeffrey Kohn (202) 566-1407
Lura Mathews (202) 566-2539
Jennifer Brady (202) 566-1701
Pat Carey (202) 566-0 199
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The Administrator's Priorities and Strategic Goals
On January 12, 2010, Administrator Lisa P. Jackson circulated a memorandum to all EPA
employees highlighting our top priorities7. These priorities are organized into seven
themes to focus the work of the agency. All of OSWER's program offices make
significant contributions to progress made under these themes.
Taking Action on Climate Change
Improving Air Quality
Assuring the Safety of Chemicals
Cleaning Up Our Communities
Protecting America's Waters
Expanding the Conversation on Environmentalism and Working for
Environmental Justice
Building Strong State and Tribal Partnerships
FY 2011-2015 Strategic Plan
The strategic plan provides a blueprint for advancing Administrator Lisa Jackson's seven
priorities and EPA's mission to protect human health and the environment. The plan
identifies the measurable environmental and human health outcomes the public can
expect over the next five years and describes how we intend to achieve those results. The
plan represents a commitment to our core values of science, transparency, and the rule of
law in managing our programs.
The plan identifies five strategic goals to guide the Agency's work:
Goal 1: Taking Action on Climate Change and Improving Air Quality
Goal 2: Protecting America's Waters
Goal 3: Cleaning Up Communities and Advancing Sustainable Development
Goal 4: Ensuring the Safety of Chemicals and Preventing Pollution
Goal 5: Enforcing Environmental Laws
The plan also introduces the following five cross-cutting fundamental strategies which set
clear expectations for changing the way EPA does business in achieving its results.
Expanding the conversation on environmentalism
Working for environmental justice and children's health
Advancing science, research, and technological innovation
Strengthening state, tribal, and international partnerships
Strengthening EPA's workforce and capabilities
The following are OSWER program activities and priorities that support the
The Administrator's seven priorities for EPA's future can be found at
http:^log.epa.gov/administrator/2010/01/12/seven-priorities-for-epas-future/
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Administrator's priorities, goals and strategies:
Taking Action on Climate Change
Sustainable Materials Management and Energy Recovery Sustainable Materials
Management supports the Administrator's climate change priority by identifying
opportunities to reduce environmental impacts, including greenhouse gas reductions
(GHG), and social impacts across the life cycle of materials from how they are mined,
manufactured, used, reused, recycled, and finally disposed. Efficiencies gained in a life
cycle-based materials management approach can result in less energy used, more efficient
use of materials, and reduced volume and toxicity of waste. In FY 2012, the program
will pursue sustainable materials management projects that reduce greenhouse gases,
such as implementing the food waste and recovery strategy, pursuing innovative
economic approaches for leveraging private sector involvement, promoting the safe reuse
of industrial materials, increasing the national recycling rate by working with state and
local governments, and focusing on a national approach to electronic waste.
The Waste Reduction Model (WaRM), a software model, is used by communities,
businesses and EPA to measure greenhouse gas benefits of sustainable materials
management activities, and will be modified to include additional materials in FY 2012.
The WaRM helps solid waste planners and organizations track and voluntarily report
greenhouse gas emissions reductions from several different waste management practices,
thereby informing local decision-making.
Life Cycle Analysis Scientifically sound life cycle analysis is essential for making
informed materials management decisions and reducing the environmental impacts of
materials, including energy use and GHG emissions. In FY 2012, OSWER, in
coordination with OCSPP and ORD, will evaluate EPA's role in enabling more rigorous
life cycle analysis disclosure for environmental claims made on products and materials.
Guidance will be issued that could help level the playing field among manufacturers and
will inform buyers from private citizens, commercial entities and government. The
guidance also will support the continued growth of environmental responsibility (product
stewardship) among manufacturers, users and disposers and allow EPA to provide
leadership in with green products and labeling.
Carbon Sequestration OSWER's work in carbon sequestration also supports the
climate change priority. Specifically, OSWER is developing regulations which will
clarify how the Resource Conservation and Recovery Act (RCRA) regulations apply to
carbon dioxide injected underground.
Renewable Energy and Greenhouse Gas Reduction EPA is looking for
opportunities to reduce or avoid GHG emissions through improved materials and land
management practices. Strategies include the promotion of sustainable materials
management and land use practices such as green remediation, compact redevelopment,
and EPA's RE-Powering America's Land Initiative: Siting Renewable Energy on
Potentially Contaminated Land and Mining Sites. Under this initiative, EPA will
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implement the RE-Power management plan which includes working with our federal
partners on the projects selected for feasibility studies with the National Renewable
Energy Lab (NREL), working with state and local governments to improve capacity,
developing case studies, clarifying liability and developing guidance or a policy
statement on siting solar energy on closed landfills all to ensure that renewable energy
development yields economic benefits to communities most in need.
Improving Air Quality
112/129 Rulemaking To support efforts to improve air quality, OSWER, in
consultation with EPA's Office of Air and Radiation, identifies which non-hazardous
secondary materials that are burned as fuels or ingredients in combustion units are solid
wastes under the RCRA. Materials determined to be solid wastes under RCRA, when
combusted in a combustion unit, would cause the unit to be subject to the requirements
promulgated under Clean Air Act §129 for solid waste combustors. If a non-hazardous
secondary material is not a "solid waste" under RCRA, and is burned in a combustion
unit, then the unit that burns that material would be subject to the applicable CAA §112
requirements. In FY 2012, efforts will focus on outreach activities to assist in
implementation of the final rule.
Assuring the Safety of Chemicals
Dioxin/ Arsenic and Other Chemicals To remain protective of human health and
the environment and ensure the safety of chemicals over their lifecycle, OSWER's waste
and materials management programs must face the challenge of adjusting to the latest
scientific understanding of both well-known traditional and newly emerging chemicals.
OSWER will incorporate the best available scientific understanding of the health,
ecological and environmental fate properties of high priority chemicals such as lead,
dioxin, arsenic, tetrachloroethylene, perchlorates, and mineral fibers. We also will
support this priority by developing new preliminary cleanup goals, providing technical
assistance on emerging technologies, issuing new guidance, developing new methods,
designing implementation strategies and, where needed, adjusting our policies and
programs. For FY 2012, areas of priority emphasis will include completing critical
guidance on the vapor intrusion of toxic chemicals, developing program guidance that
considers the latest human health assessment of lead toxicity, implementing the
preliminary remediation goals for dioxin in soil, and developing technical assistance
support for nanoparticle technology innovations. Additionally, resources permitting, we
will review risk data related to hazardous constituents currently regulated as
characteristically hazardous to ensure they are regulated based on the latest scientific
information.
Cleaning Up Our Communities
Integrated Cleanup Initiative In an effort to improve the accountability,
transparency, and effectiveness of EPA's cleanup programs, EPA initiated the Integrated
Cleanup Initiative (ICI), a cross-OSWER program, multiyear effort to better use
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assessment and cleanup authorities to address a greater number of sites, improve
cleanups, and put those sites back into productive use while protecting human health and
the environment. By utilizing the relevant tools available in cleanup and enforcement
programs, EPA will better leverage the resources available to address needs at individual
sites.
The ICI has the following five objectives: 1) Starting Cleanups focuses on site
identification and assessment activities in the early stages of the cleanup continuum; 2)
Advancing Cleanups emphasizes coordination during cleanup activities, including
enforcement strategies; 3) Completing Cleanups focuses on pilot projects aimed at
accelerating cleanup, reporting to the public, and leveraging revitalization efforts as
cleanups are completed; 4) Evaluating Performance Metrics and the Effectiveness of the
ICI Activities focuses on performance measurement; and 5) Communicating the Progress
focuses on communicating the benefits of our cleanup programs.
The following are examples of activities in EPA's cleanup programs which are being
undertaking as part of this initiative:
o Examining current Site Assessment program policies and practices;
o Expanding brownfield site assessment activities toward the goal of potentially
increasing acres made ready for reuse;
o Assessing possible contract efficiencies;
o Reviewing the Superfund Remedial cleanup processes and procedures;
o Examining opportunities for early and focused enforcement efforts to compel
timely cleanup; and
o Examining opportunities for maximizing PRP-led removal actions.
o Examining the current RCRA cleanup process to remove barriers to truly
effective cleanups.
o Pursuing strategies to reduce backlog of UST releases.
Superfund Remedial While the Superfund program is the supporting framework
for numerous response, training, research, community involvement and redevelopment
programs, it remains first and foremost a hazardous site remediation program. While
many states have their own cleanup programs the most problematic sites, whether by size
or complexity, are usually expected to be addressed at the federal-level. This means the
program must use all the leverage it can to make progress at over 1,200 active sites on the
National Priorities List in a constrained resource environment.
The Superfund Remedial program will focus on cleaning up contaminated National
Priorities List (NPL) sites and making them available for beneficial reuse. These goals
will be achieved through the ICI by assessing the worst sites first, ensuring that human
exposure to toxic chemicals is under control by identifying and addressing unacceptable
risks at Human Exposure Insufficient Data sites and Not Under Control sites, addressing
the migration of contaminated groundwater, using green remediation practices, selecting
optimized remedies that facilitate reuse and revitalization, completing remedial action
projects, completing construction of remedies, fully implementing institutional controls
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where necessary, ensuring sites are ready for anticipated use, and working with public
and private stakeholders to redevelop sites. States, tribes and local governments are key
partners in the cleanup of Superfund sites and the implementation of institutional controls
necessary to protect public health and the environment. Superfund's regional programs
will continue to work closely with these partners in accomplishing key goals and
objectives under EPA's FY 2011-2015 Strategic Plan.
Brownfields The Brownfields program will continue supporting targeted
assessment funding focused on disadvantaged and economically distressed communities.
Technical assistance will be provided to these communities, as well as funding through
area-wide planning and site assessment grants, and supplemental funding for existing
high performing Revolving Loan Fund (RLF) recipients. Priority will be given to those
communities with projects in or around distressed areas. The Brownfields program will
work directly with HUD, DOT, USDA and other federal agencies to identify "cities in
transition" to encourage reuse of formerly contaminated land, especially in areas affected
by the declines in the auto sector.
Under the Brownfields Priority Goal, the program selected 23 community-level pilot
projects that will develop brownfields area-wide plans as part of an enhanced effort to
benefit under-served and economically disadvantaged communities. The Brownfields
program delivered cooperative agreement resources to these pilot communities in
FY2011. Each pilot currently has an EPA project lead in OBLR and a regional point of
contact to facilitate project communication and cross-program coordination. The
Brownfields program views these 23 pilots as an opportunity to engage with other federal
agencies, states, tribes, local government and community-based organizations to identify
local needs and leverage the investments being made in these communities.
Where identified by the community as helpful and appropriate for the pilot, EPA regional
points of contact can take a leading role in convening other regional EPA program staff
(such as water, air, sustainable communities, environmental justice and enforcement staff,
as appropriate) and regional staff from other agencies (such as HUD, DOT, EDA, USDA,
and ATSDR, as appropriate), states, tribes and local governments to identify possible
barriers and solutions for implementing the pilot project. In FY2012, the Brownfields
program will continue to provide technical assistance to the 23 pilot communities as they
initiate development of their area-wide plans for brownfields, and identify next steps and
resources needed to implement the plan.
Financial Assurance EPA will undertake activities related to CERCLA 108(b)
financial responsibility requirements that support the priority of cleaning up communities
by proposing regulations that will reduce the likelihood that Superfund will be used for
cleanups and providing incentives for improved management of hazardous substances. In
FY 2012, EPA intends to publish a final rule augmenting existing financial responsibility
and the need for additional financial responsibility to 1) ensure that adequate funds are
available for cleanup and 2) foster better management procedures. In addition, EPA will
propose regulations for the top priority classes of facilities from the hardrock mining and
mineral processing, and make significant progress toward a final rule. For the classes of
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facilities in the chemical manufacturing, petroleum refining, and electric power
generation industries, EPA will develop an Information Collection Review (ICR) and
receive information to support a regulatory proposal.
LandRevitalization All of EPA's cleanup programs (Superfund Remedial,
Superfund Removal, Superfund Federal Facilities Response, RCRA Corrective Action,
Brownfields, and Underground Storage Tanks) and their partners are taking positive
action to protect human health and the environment through the cleanup and
revitalization of contaminated properties. This action includes enforcement efforts to
clarify liability concerns and to implement landowner liability protections. Revitalizing
these once productive properties can provide numerous positive benefits for communities
such as removing blight, satisfying the growing demand for land, limiting urban sprawl,
fostering ecologic habitat enhancements, enabling economic development in a consistent,
verifiable manner and maintaining or improving health and the quality of life.
Green Remediation OSWER in collaboration with the regions, and consistent
with its Green Remediation Strategy and its Principles for Greener Cleanups, will work
with all of its stakeholders to use nationally consistent and appropriate green remediation
practices8 when addressing contaminated soil, groundwater, surface water, sediments, air,
and other environmental media. Cleanup activities use energy, water and material
resources to achieve cleanup objectives and these activities can impact surrounding
communities, ecosystems, and natural resources. Without compromising cleanup goals,
we have learned that we can optimize environmental performance and implement
protective cleanups that are greener by increasing our understanding of the environmental
footprint caused by cleanup activities and avoiding these unintended consequences while
ensuring the primary goal of protecting the public health and environment.
Emergency Preparedness, Response, and Homeland Security EPA has a major
role in reducing the risk to human health and the environment posed by accidental or
intentional releases of oil, hazardous substances, pollutants and contaminants. This
includes responding to immediate threats of hazardous substances and oil and overseeing
the responses to such events by potentially responsible parties. Strategies include
strengthening relationships with state, local, and tribal governments to increase
effectiveness in responses where EPA involvement is needed and improving the agency's
capability to effectively prepare for and respond to these incidents. EPA coordinates with
other federal agencies to prepare for nationally significant events as part of its Homeland
Security responsibilities under the National Response Framework (NRF). These
responsibilities include responses to biological, chemical, and radiological warfare
agents.
OSWER's Emergency Response and Removal program supports this priority by
responding to immediate threats from releases of hazardous substances and oil. The
program acts as a federal safety net by working with local, state, and tribal responders to
allow for response to immediate threats when such response is necessary (e.g., when the
nature, size or complexity of a spill is beyond the capacity or capabilities of the state or
1 For more information on green remediation, please see http://cluin.org/greenremediation/
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local responders). In FY 2012, areas of priority will include improvements in the
agency's capability to respond effectively to incidents that may involve harmful chemical,
oil, biological, and radiological substances. OSWER will also focus on lessons learned
from the Deepwater Horizon Oil Spill and will work with other federal agencies to
reassess dispersant use guidelines under the National Contingency Plan.
The Emergency Planning and Community Right to Know Act (EPCRA) and Risk
Management programs support this priority by providing a framework for EPA to work
with State and Tribal Emergency Response Commissions (SERCs and TERCs), Local
Emergency Planning Committees (LEPCs), other government entities, and industry to
reduce the risks from chemical accidents and mitigate the effects of those accidents
should they occur. In FY2012, OSWER will work to reinvigorate the role of the SERCs
and LEPCs in emergency preparedness and response. We will continue to provide
guidance, tools, and technical assistance to states, tribes, local communities, and industry
to further their efforts in chemical accident prevention and emergency planning.
Additionally, OSWER will continue to focus its Risk Management Plan (RMP)
inspections on high risk facilities and utilization to prevent impacts to adjacent
communities. EPA will ensure the inclusion of union and employee representatives in its
RMP inspections.
Coal Combustion Residuals OSWER's assessments of coal combustion residual
(CCR) impoundments and our rulemaking activities support the Administrator's priorities
of cleaning up communities and protecting America's waters. Many of the CCR
management units are located near or on water bodies and near communities. We will
continue to make information on the assessments available to all on our website. EPA
also expects to finalize regulations for disposal of CCRs..
RCRA Corrective Action OSWER's RCRA Corrective Action program also
supports this priority by working to clean up the 3,747 operating RCRA facilities to
ensure protection of human health and the environment. The National Enforcement
Strategy for Corrective Action (NESCA) was developed to provide a framework for
strategically using enforcement to help achieve the 2020 corrective action goal.
Achieving our human health and ground water environmental indicator goals is the first
step toward building successful long-term remedies that will result in safe, clean
properties.
Through FY 2010, EPA and its state partners have achieved protection from human
exposure at 72%, groundwater migration at 63% and constructed final remedies at 37%
of the 3,747 facilities in the 2020 corrective action universe. We are using, where
possible, greener remedies to facilitate land revitalization for these RCRA sites.
In FY 2012, areas of priority emphasis will include reaching 76% for our human
exposure controlled indicator, 64% for our groundwater controlled indicator, and 42% for
our remedy constructed target. Toward these ends, in FY 2012, we will provide technical
assistance to states and the regulated community as needed to ensure we reach our
national goals for FY 2012.
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Underground Storage Tanks - Implementing the EPAct EPA has a critical role in
implementing the provisions of the EPAct. The EPAct substantially enhances the
underground storage tank (UST) release prevention program to minimize future releases
from USTs and provide additional emphasis on remediation of leaking USTs.
Implementing the EPAct provisions includes conducting more frequent inspections,
prohibiting delivery to noncompliant tanks, and requiring either secondary containment
for new tank systems or financial responsibility for manufacturers and installers.9
Protecting America's Waters
CERCLA and RCRA authorities are included in a comprehensive approach to watershed
protection and are a critical component of the Administrator's priority to protect
America's waters. OSWER's cleanup programs already have a substantial amount of
work underway in the Chesapeake Bay and Great Lakes watersheds. We will continue to
use our cleanup programs to address current and historical releases. The Superfund,
RCRA Corrective Action, Brownfields, and Removal programs will fill a gap by
addressing sources of pollution that are not regulated by Clean Water Act authorities. In
FY 2012, these programs will continue efforts to explore expanding site assessment and
cleanup efforts targeting the regional focus areas of Elizabeth River, Anacostia River, and
Baltimore Harbor. Further, OSWER will be a direct partner with the Office of Water in
implementing the Urban Waters Initiative, and in particular in engaging other federal
agencies in this effort.
Expanding the Conversation on Environmentalism , Working for Environmental
Justice and Children's Health
Community Engagement Initiative Community engagement is an integral part of
all of OSWER's work. OSWER will continue to implement its Community Engagement
Initiative (CEI) to ensure transparent and accessible decision-making processes, deliver
information that communities can use to meaningfully participate and enhance EPA's
culture and management processes to produce outcomes that are responsive to
community perspectives.10 The Integrated Cleanup Initiative is an aggressive
management strategy to address community concerns for more accountability,
transparency and progress in the cleanup of contaminated sites. For all OSWER and
enforcement programs, specific activities will be implemented in FY 2012 with ongoing
feedback and input from communities, stakeholders, local governments, tribes and states.
OSWER's Definition of Solid Waste (DSW) EJ analysis supports this priority by
engaging communities in a discussion on how to achieve reuse and recycling of
hazardous wastes without impacts to a community with EJ concerns and how best to
9 For further information and final EPA grant guidance, please see
http://www.epa.sov/swerustl/fedlaws/EPActUST. htm.
10 The CEI implementation plan contains specific tasks and milestones, posted at
epa.gov/oswer/engagementinitiative/#come
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analyze potential disproportionate impacts to minority or low-income communities from
hazardous secondary material recycling. For FY 2012, areas of priority emphasis will
include fully integrating input from stakeholders and communities into the agency's
decisions on the final DSW rule and outreach to keep stakeholders and communities
informed about this effort. We will incorporate the input we receive during our outreach
efforts in FY 2011 into the final Environmental Justice Analysis, into decisions about
how the results of the analysis are used in the development of the final rule, and into the
agency's decision-making for the final rule which is scheduled for promulgation in
December of 2012.
OSWER will continue to participate in implementing the Community Action for a
Renewed Environment (CARE) program, a community-based, multi-media collaborative
program designed to help local communities address the cumulative risk of toxics
exposure. EPA program experts provide technical guidance to communities to help them
build partnerships and use collaborative processes to select and implement actions to
improve community health and the environment. Regional staff support work to capture
best practices and role up and translate their place-based successes into other programs.
Under the Children's Health strategy, OSWER will consider children's health protection
and protection of other vulnerable populations as a factor in considering rulemaking
priorities, and in developing rules and guidance. OSWER continues to support the
Agency's focus and is in the process of exploring options for reflecting progress in this
priority area.
Building Strong State, Tribal and International Partnerships
States and tribes are co-regulators but declining tax revenues and fiscal challenges are
pressuring state agencies and tribal governments to do more with fewer resources. Strong
partnerships and accountability are more important than ever. States are authorized to
operate some programs, while in other programs they are partners. The chance of success
in all programs, including voluntary programs, is dependent on full and active
participation of states. Providing grants and funding assistance, developing guidance,
tools, and technical assistance, keeping open lines of communications regarding planning
and program development, and providing needed tools and analysis to help make the
right decisions strengthens EPA's relationship with the states.
OSWER will continue its extensive and carefully planned participation in state
organization meetings of the Environmental Council of States (ECOS) and the
Association of State and Territorial Solid Waste Management Officials (ASTSWMO). In
FY2012, OSWER management will continue sponsoring quarterly contact with state
organizations, including conference calls with the ECOS Waste Committee in the spring
and fall, and Open Door Video Webinars with an open invitation to all states in the
winter and summer. We will continue outreach to work with our co-regulators to
recognize ongoing fiscal pressures and help identify ways of easing state burdens without
compromising environmental protectiveness, such as work sharing.
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In partnership and consultation with EPA's Office of International and Tribal Affairs,
American Indian Environmental Office, OSWER will consult with tribal governments in
accordance with the Tribal Consultation Policy and continue to participate in tribal
organization meetings, and in meetings with individual tribes, to ensure appropriate
consultation and communication with tribes for all OSWER programs. We also
participate in tribal organization meetings such as the National Tribal Operations
Committee (NTOC). OSWER has made it a priority to increase headquarters'
participation in EPA regional meetings with tribes, such as annual regional tribal
meetings, Tribal Leaders Summits, and Regional Tribal Operations Committee meetings,
to enhance understanding of local issues facing tribes. OSWER also has partnered with
the Institute of Tribal Environmental Professionals to create the Tribal Waste and
Response Assistance Program (TWRAP), which is led by a national tribal steering
committee that reflects the broad needs and interests of tribes throughout the country.
OSWER will also engage the Tribal Science Council and the National Tribal Waste and
Response Steering Committee to identify and implement training, workshops and other
options to advance greener cleanup practices on tribal lands. Moreover, OSWER will
engage tribal communities as part of the Community Engagement Initiative.
OSWER will continue to play an integral, supportive role in strengthening and building
the capacity of state and tribal environmental response programs through the funding and
technical assistance provided under the Brownfields CERCLA 128(a) program. This
program, through cooperative agreements, allocates approximately $50M each year to
strengthen and support state and tribal environmental response programs. OSWER has
placed a new emphasis on ensuring that, as much as possible, site specific assessment and
cleanup activity supported with these funds are directed to disadvantaged and
underserved communities and neighborhoods.
Work Sharing Both EPA and the states fulfill critical roles in protecting and improving
human health and the environment. By law and through shared experience, EPA and the
states must effectively collaborate in the planning and implementation of environmental
programs, and by ensuring compliance with statutory and regulatory requirements to
succeed.
The current economic challenges facing the states is requiring the agency to seriously
consider alternate approaches in work planning to maintain the current levels of delivery
of its environmental and public health programs. To maintain program performance
nationally and to ensure the success of the partnerships strategy, the regions and their
state partners are to expand the utilization of work sharing in developing their FY 2012
program performance commitments, where applicable.
To advance work on environmentally sustainable practices in the lead up to the Rio 2012
Conference, OSWER will continue to champion implementation of its Green
Remediation Strategy. The goal of the strategy is to put in place guidance and tools that
will enable site cleanup professionals to consider all environmental effects of remedy
implementation and incorporate options to minimize the environmental footprints while
preparing contaminated sites for reuse.
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Advancing Science, Research and Technological Innovation
OSWER will continue working with ORD and other EPA headquarters and regional
offices, and with external stakeholders, to plan and implement scientific research.
OSWER also will continue its efforts with NIEHS and other federal partners (e.g., DoD
and DOE) to advance research relevant to site assessment, monitoring and remediation.
Moreover, OSWER will communicate with its state partners, the private sector, and the
public about important advances in research and technology.
Strengthening EPA's Workforce and Capabilities
OSWER will continue to increase opportunities for diversity by focusing on and building
relationships with minority academic institutions (MAIs) and by advertising selected
USAJOB announcements to create broader awareness. OSWER will continue workforce
planning efforts by conducting a follow-up skill gap analysis and by using the agency's
learning needs analysis to determine specific needs to target training and development
efforts. In addition, OSWER will continue strengthening the workforce by continuing its
Mentoring Program and annual Rotational Development Program with OW and OCSPP.
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Key National Program Strategies and Priorities
SUPERFUND REMEDIAL AND FEDERAL FACILITIES RESPONSE PROGRAMS
Administrator priorities supported by this national program include:
Cleaning Up Our Communities
Protecting America's Waters
Expanding the Conversation on Environmentalism
Working for Environmental Justice and Children's Health
Building Strong State and Tribal Partnerships
On December 11, 1980, Congress passed the Comprehensive Environmental Response,
Compensation, and Liability Act (CERCLA). CERCLA was enacted to fill a major gap
in environmental and health protection by providing the Federal Government with
additional statutory authority to respond to releases and threats of releases of hazardous
substances, pollutants and contaminants. CERCLA was later amended by the Superfund
Amendments and Reauthorization Act in 1986.
The Superfund Remedial program addresses the risks to human health and the
environment at contaminated properties or sites through cleanup, stabilization, or other
action, and in so doing helps make these properties available for reuse. Resources in this
program are used to: 1) fund states, tribes and EPA to collect and analyze data on sites to
determine the need for cleanup and to identify the most effective cleanup approach, such
as an EPA decision to place a site/facility on the National Priorities List (NPL), 2)
conduct or oversee investigations and studies to select remedies, 3) design and construct
or oversee the design and construction of remedies and post-construction activities at
Fund- and PRP-lead sites, 4) facilitate participation of other federal agencies, state, local,
and tribal governments and communities in the program, 5) implement Superfund tribal
guidance concepts to improve EPA's tribal consultation efforts in the Superfund program,
and 6) provide sound science and continually integrate smarter, innovative technical
solutions into protection strategies.
The Superfund Federal Facilities Response program facilitates faster, more effective and
timely cleanup and reuse of federal facilities while ensuring protection of human health
and the environment from release of hazardous substances. Nationwide, there are
thousands of federally-owned contaminated sites. These federal facilities are
contaminated with hazardous waste, military munitions, radioactive waste, fuels, and/or a
variety of other toxic contaminants. These facilities include various types of sites,
realigning and closed military installations; abandoned mine lands; former and current
nuclear weapons production facilities; fuel distribution areas; and/or landfills.
The agency fulfills a number of statutory and regulatory obligations at federal facilities,
including conducting oversight of those sites on the Superfund NPL where cleanup is
conducted by other federal agencies, such as the Department of Defense (DoD) and the
Department of Energy (DOE). One major role of the program is to ensure statutory
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responsibilities related to the transfer of contaminated federal property at both NPL and
non-NPL sites are properly met. Such responsibilities include approval of transfers prior
to implementation of remedies at NPL sites (i.e., early transfer), and approving
determinations that remedies are operating "properly and successfully" at both NPL and
non-NPL sites. Often EPA, and the parties implementing the remedies, face unique
challenges due to the types of contaminants present, the size of the facility and extent of
contamination, ongoing facility operations, complex community involvement
requirements, and complexities related to the redevelopment of the facilities.11
The Superfund Federal Facilities Response program also works with DoD at select Base
Realignment and Closure (BRAC) installations. With the enactment of BRAC
legislation, more than 500 major military installations representing the Army, Navy, Air
Force, and Defense Logistics Agency were slated for realignment or closure in 1988,
1991, 1993, 1995 and 2005. Under the first four rounds of BRAC, 107 of those
installations required accelerated cleanup.12
Through a Memorandum of Understanding (MOU) between EPA and DoD, EPA
supports accelerated cleanup and transfer at select BRAC I-IV installations. Once the
remedy for a site on a DoD BRAC installation designated for closure is determined to be
operating properly and successfully (OPS), as defined in EPA's Guidance for Evaluation
of Federal Agency Demonstrations, or a portion of the installation is transferred, DoD
will discontinue funding EPA's assistance and support under the MOU. As more BRAC
installations reach OPS or are transferred the number of installations where EPA provides
support will decrease and eventually end for non-NPL BRAC sites.
Working together with federal, state and tribal partners, the Superfund Remedial program
accomplished the following activities by the end of FY 2010:13
Completed 365 final assessment decisions, for a cumulative total of 40,884 sites
completing final assessment decisions since the program's inception.
Selected 92 cleanup remedies at 60 sites; amended 24 cleanup plans; and issued
59 explanations of significant differences at 53 sites
Through the use of appropriated and Recovery Act funds, state cost-share
contributions, and potentially responsible party settlement resources, funded all
26 projects that were ready to proceed with new construction as ranked by the
National Risk-Based Priority Panel at 26 National Priorities List (NPL) sites.
57% of contracts were awarded to socioeconomic small businesses
6 Superfund projects were highlighted in Vice President Biden's "100 Recovery
Act Projects that are Changing America" report.
Determined that the land at a net total of 66 additional NPL sites was ready for
11 For more information on the Federal Facilities program go to http://www.epa. gov/fedfac.
12 For more information on the BRAC program go to
http://www.epa.gov/fedfac/documents/baseclosure.htm.
13 For more information regarding the program's cumulative accomplishments through FY 2009, please
refer to the Goal 3 Chapter of the Agency's FY 2009 Performance and Accountability Report at
www .epa. gov/ocfo.
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anticipated use site-wide, bringing the program's cumulative total to 475.
By identifying and addressing unacceptable risks at Insufficient Data and Not
Under Control sites, achieved control of all identified unacceptable human
exposures at a net total of 18 additional sites, bringing the program's cumulative
total to 1,338 sites under control.
Through the implementation of engineered remedies or through natural processes,
achieved control of the migration of contaminated groundwater at a net total of 18
additional sites, bringing the program's cumulative total to 1,030 sites under
control.
Achieved construction completion at 18 sites for a cumulative total of 1,098 NPL
sites. Two additional sites have reached construction completion in FY 2011 for a
total of 1,100 sites. In addition, 7 sites were deleted from the NPL for a
cumulative total of 345 NPL site deletions.
Completed 231 five-year reviews (FYRs) at non Federal Facilities, and 28 FYRs
at federal facilities.
Program Priorities
In an effort to improve the accountability, transparency, and effectiveness of EPA's
cleanup programs, EPA initiated its Integrated Cleanup Initiative (ICI), a multiyear effort
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. One way the Superfund program is addressing these
challenges is by looking for new and innovative ideas for managing remedial projects to
completion with the goals of cleaning up more sites, protecting more communities and
making a greater difference in people's lives. EPA is currently working with the
Association of State and Territorial Solid Waste Management Officials (ASTSWMO) on
various components of the initiative and encourages participation in state reviews of
program policies and practices already underway.
In the fall of 2010, senior Superfund regional and headquarters managers considered
experience gained over the last 30 years, explored opportunities to overcome common
remedial program challenges, and discussed business process options to accelerate
Superfund remedial projects from the Remedial Investigation/Feasibility Study (RI/FS)
through site completion. Nine pilot projects were identified where best management
practices and innovative solutions are being employed. For example, at the Ellenville,
New York site, the program is demonstrating an "early constructor involvement" model
where the construction team is involved with the design team and headquarters from the
beginning. The goal is to maximize schedule and budget efficiencies, while not
sacrificing quality or safety. Initial results are anticipated by the beginning of FY 2012.
All nine pilots will benefit from enhanced collaboration between headquarters and
regional staff to ensure that any resource management, policy, or technical issues are
resolved as quickly as possible. Progress will be reported quarterly for all pilots
beginning in July 2011 and continuing until they are complete. In addition, regional and
headquarters management have developed a draft action plan that outlines a strategy for
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the Superfund program to improve focus on site project management opportunities and
issues. While this action plan is expected to be issued in May 2011, a number of the
actions identified are already under way. A key outcome of this effort will be to move
forward in FY 2012 to integrate optimization into the overall project management scheme
of the Superfund remedial program. In addition to the above activities, ICI actions for
FY 2012 will finalize revisions to Site Assessment program policies and practices.
As part of ICI, OSWER is pursuing program efficiencies to improve the management of
the program and increase joint efforts among programs as well as defining and
implementing new performance measures that further describe the achievements of
EPA's cleanup programs. In FY 2012, OSWER will continue to implement the measure,
"Number of remedial action (RA) projects completed at Superfund NPL sites," which is
being reported for the first time in FY 2011. This measure augments the long-standing
construction completion measure by reporting incremental progress in protecting human
health and the environment. The FY 2012 target of completing 113 RA projects will be
achieved in part through the actions outlined in the ICI.
Enforcement assures that parties responsible for contamination step up to their cleanup
responsibility. As part of the ICI, 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 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 responsible parties to support
increased site assessment, NPL listings, and early enforcement activities. In addition,
beginning in FY 2011, OSRE developed a national target for cleaning up soil and water
under the volume of contaminated media addressed (VCMA), raising this measure to the
GPRA level.
In FY 2012, as in prior years, cleanup and response work at contaminated sites will
remain the top priority of the Superfund Remedial and Federal Facilities Response
programs. These programs will continue to address challenging and complex
environmental problems, such as contaminated soil and groundwater affecting residential,
commercial, recreational and industrial areas that can cause human health problems. The
goal of this work is ultimately to reduce current, direct human exposures to hazardous
pollutants and contaminants and provide long-term human health protection.
Furthermore, the Superfund program will support the agency's FY 2012 "Healthy
Communities" initiative and strengthen our partnership with the U.S. Army Corps of
Engineers on cleaning up contaminated sediments in urban rivers adjacent to Superfund
sites.
In addition to its cleanup work, the Superfund program will undertake temporary
activities, such as providing alternative drinking water supplies or relocating residents
when appropriate, to protect people from threats posed by uncontrolled hazardous wastes,
contaminated groundwater or surface water. To date, the agency has provided an
alternative supply of drinking water to over 2.1 million residents. These efforts
demonstrate the agency's commitment to protecting human health from both possible
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short- and long-term effects of site-related contamination.
In 2012, OSWER will continue engaging with stakeholders and other federal agencies to
address issues raised in the October 2010 Federal Facility Cleanup Dialogue (Dialogue)
meetings. During those meetings, stakeholders discussed the progress, achievements and
challenges surrounding the cleanup of federally-owned contaminated sites. Since then,
EPA has established an ongoing Dialogue process for discussing specific challenges
related to long-term stewardship, community involvement and environmental
justice. Participants in the Dialogue include representatives from tribal, state and local
government, advisory boards, non-profit groups, and communities as well as
representatives from the Department of Defense, Department of Energy, Department of
Agriculture and Department of the Interior.
In addition to protecting human health, the Superfund Remedial and Federal Facilities
Response programs will continue efforts to render formerly contaminated sites ready for
anticipated use. To accomplish this goal, EPA will focus on the growing universe of sites
that have reached post-construction completion ensuring remedies remain protective and
institutional controls are in place. As of the end of FY 2010, there were 623 sites that had
achieved construction completion but had not yet achieved site-wide ready for anticipated
use.
The American Recovery and Reinvestment Act of 2009 (ARRA) provided $578 million
for Superfund remedial cleanup activity. These funds are being used to further cleanup at
NPL sites across the country, maximize job creation and retention, and provide
environmental and economic benefits. These Recovery Act funds will allow for the
cleanup of an additional 500 to 540 lead and arsenic-contaminated properties,
accelerating the project toward completion earlier than originally planned.
ARRA Superfund remedial action site/project progress is being monitored utilizing eight
performance measures. Target milestones have been selected by Superfund for each
measure. As of the end of FY 2010, targets have either been met or exceeded for seven of
eight performance measures. The Superfund Remedial program will continue to monitor
progress of projects at sites utilizing ARRA funds in FY 2012.
Performance Goals for FY 2012 (with ACS measure codes):
Total of 900 remedial site assessments complete (ACS 122);
A net increase of 10 sites with human exposures under control (ACS 151);
A net increase of 15 sites with groundwater migration under control (ACS 152);
Total of 113 remedial action project completions (ACS 131);
A net increase of 65 sites deemed ready for anticipated use site-wide (ACS S10);
Total of 22 construction completions (ACS 141).
Various performance goals and measures for the Superfund Federal Facilities Response
program are a subset of the Superfund Remedial program's measures. The agency's
ability to meet its annual Superfund targets is partially dependent on work performed by
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other federal agencies at NPL federal facility sites.
The Superfund Federal Facilities Response program has been working with DOD to
attain long-term environmental measures, through the Goal Harmonization Project.
These efforts will continue in FY 2012. Additionally, EPA's Superfund Federal
Facilities Response program has focused efforts to improve data and planning processes
for targeting and completing cleanup milestones. Recommendations from analyses and
studies are currently being implemented, and will continue in FY 2012.
Implementation Strategies to Meet Performance Goals
This NPM guidance provides direction to the regions to meet the priorities of the
Superfund Remedial and Federal Facilities Response programs. In FY 2012, the
Superfund program will focus on cleaning up sites and returning them to beneficial reuse.
These goals will be achieved through the ICI by assessing the worst sites first, ensuring
that human exposure to toxic chemicals is under control by identifying and addressing
unacceptable risks at Human Exposure Insufficient Data sites and Not Under Control
sites, addressing the migration of contaminated groundwater, using green remediation
practices, selecting remedies that optimize reuse and revitalization, completing remedial
action projects, completing construction of remedies, fully implementing institutional
controls where necessary, ensuring sites are ready for anticipated use, and working with
public and private stakeholders to redevelop sites.
States, tribes, local governments, and other federal agencies are key government partners
in the cleanup of Superfund hazardous waste sites and the implementation of institutional
controls necessary to protect public health and the environment. Superfund's regional
offices will continue to work closely with these partners in accomplishing these key goals
and objectives under the EPA FY 2011-2015 Strategic Plan.
One EPA
OSWER programs collaborate with other EPA offices to deliver environmental results as
One EPA. For example, the Superfund program supports OECA's Superfund
Enforcement program efforts to get polluters to pay for site cleanup thereby conserving
limited resources to remediate other priority sites. In addition, OSWER and other EPA
offices together provide major support to national emergency responses (e.g., BP oil,
Enbridge, CAPECO). Similarly, we work across programs regarding risks for chemicals
in groundwater and soil and regarding waste reduction programs.
Environmental Justice
EPA has made great progress in implementing environmental justice (EJ) into its
programs and policies and has been a government leader in this area, but the Agency also
realizes there is more to be done. EPA has been working to develop and implement Plan
EJ 2014. This four year plan will help EPA move forward to develop a stronger
relationship with communities, increase the Agency's effort to improve the
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environmental conditions and public health in overburdened communities, and is a
roadmap to help integrate EJ into its programs.
EPA will continue to integrate EJ in its rules and guidance as noted in a memo from the
OSWER AA (dated Feb. 3, 2011) re-emphasizing the importance of considering all
stakeholder input early in the process and anticipating the environmental concerns of the
actions OSWER is developing. This memo gives direction and provides information that
will help OSWER staff further environmental justice in our rules and guidance.
The Superfund program continues to incorporate Environmental Justice into its programs
and supports the Administrator key priority of Expanding the Conversation on
Environmentalism and Working for EnvironmentalJustice. This priority encourages
EPA to identify new and better ways to address the environmental justice issues facing
many minority, low-income, and indigenous people.
The Superfund program is committed to promoting healthy and environmentally sound
conditions for all people through its remedial cleanup programs. The program works
toward building capacity to engage communities in decision-making. Toward that end,
the program is committed to several efforts, including:
1. Providing independent, non-advocacy technical assistance to communities affected by
hazardous waste sites and empowering them to meaningfully participate in the
cleanup process through EPA's Technical Assistance Services for Communities
(TASC) contract. The Superfund program believes providing such services through
TASC helps increase communities' awareness and knowledge of the Superfund
process and site conditions, and provides avenues for them to participate in site
decision making. TASC can help improve relationships and communications
between EPA and the community. More than 29 communities were assisted by
TASC in FY 2010 and $545,659 went towards providing technical assistance to
communities at Superfund sites. We will work with the regions to:
Review and explain to communities technical documents developed for
cleaning up hazardous waste sites;
Help communities understand health risks and environmental issues at
hazardous waste sites;
Sponsor workshops, short courses and other leaning experiences to explain
basic science and environmental policy; and
Help communities understand their role in the Superfund cleanup process,
including when and how they can more effectively participate in the cleanup
decision-making process.
2. Providing technical assistance from an independent technical advisor to affected
communities through EPA's Technical Assistance Grant (TAG) program. TAG
grants are intended to increase communities' awareness and knowledge of the
Superfund process and site conditions, and provide avenues for them to participate in
site decision making. TAG grants help increase the communities' understanding of
site technical information. The Superfund program believes providing TAG grants
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can also help improve relationships and communications between EPA and
communities. In FY 2010, $715,600 was awarded to TAG recipients. The program
will work with the regions to:
Assist communities eligible and interested in TAGs with the application
process;
Award new TAGs; and
Award additional funding to existing TAG recipients.
3. Providing job training and employment opportunities for underserved citizens living
in or near communities affected by Superfund sites through the Superfund Job
Training Initiative (SuperJTI). The SuperJTI program combines extensive classroom
instruction with hands-on work experience for each participant. The Superfund
program believes that SuperJTI graduates have the marketable technical skills to
work at Superfund sites, construction projects or hazardous waste processing
companies. The goal of SuperJTI is to help these communities develop job
opportunities that remain long after the Superfund site is cleaned up. Many of these
areas are environmental justice communitieshistorically under-represented minority
and low-income neighborhoods burdened with significant environmental challenges.
The Superfund program uses its experience working with communities to create
partnerships with local businesses, universities, labor unions, community and social
service organizations, and other federal agencies to address local workforce issues.
EPA offers SuperJTI training through its TASC contract.
4. Providing community involvement training and professional development
opportunities for Superfund employees and affiliated partners. Each year, the
Community Involvement University offers one-, two-, and three-day courses at
regional offices and national conferences. We will work with the regions to:
Bring Community Involvement University courses to each region, sponsoring
at least one course per region;
Work with risk assessors to develop and pilot an advanced-level risk
communication for Superfund course;
Develop a robust training agenda for the 2012 National Community
Involvement Training Conference with the theme, Community Involvement in
the 21st Century: Embracing Diversity, Expanding Engagement, Utilizing
Technology; and
Assist in Community Involvement Coordinator (CIC) attendance in the 2012
National Community Involvement Training Conference through paying for
lodging.
5. Providing translation and interpreter support for Superfund regions and update the
Superfund en Espanol Website. Through an Interagency Agreement (IA) with the
U.S. Department of State, we can provide translation and interpreter services in
various languages, including: French, Italian, Portuguese, Spanish, Arabic, Chinese,
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German, Polish, Russian, and Ukrainian. Using internet metrics on visitor traffic,
traffic flow, and visit duration and input from our Spanish-speaking staff, the program
will identify and begin making improvements to the Website. The program will work
with the regions to:
Target and translate documents through the State Department IA;
Aid in product review of translated documents; and
Continue to manage, improve, and showcase Spanish translated documents on
the Superfimd en Espanol Website
6. Developing a program to meet training and information needs of minority-owned and
disadvantaged small businesses (MDSB) to build their technical capacity to
successfully compete for site cleanup contracts and to partner with larger cleanup
contract firms to deliver specific services under larger business contracts. The
Superfund program has identified training and information needs of MDSBs through
a series of discussion forums held in five regions to date, with one additional session
scheduled in 2011 (in conjunction with the National Brownfields conference). Based
on information gathered, we are developing and executing an implementation plan
that will identify venues for training (both classroom and electronic), outline a
curriculum-based approach, develop appropriate vehicles to raise awareness of EPA
training opportunities and information resources, and identify and distribute training
materials and information resources (which may include revising documents or
created new documents to meet identified needs). With support from the Office of
Small Business programs, we plan to initiate training delivery this year, and anticipate
working closely with regions on this during FY 2012.
7. Support the development of information tools to more clearly portray site information
site technologies, and risk information to communities. In FY 2011, the Superfund
program is collaborating with EPA's Office of External Affairs and Environmental
Education to pilot a new sampling results communication tool on select Superfund
sites (one Remedial and one Removal site in each region) and to help OEAEE train
Superfund staff in this new risk communication tool. Second, we are developing a
program to use and raise awareness of data visualization tools to more clearly portray
site information to communities. This activity will include training for EPA project
managers on the use of the tools. Third, we are updating all 21 of our citizen guides
on cleanup methods and technologies (Spanish and English). These two-page fact
sheets explain, in basic terms, the operation and application of the most frequently
used innovative treatment technologies.
8. After a site is placed on the National Priorities List, Superfund develops a
Community Involvement Plan (CIP) that specifies the outreach activities EPA will
take to address community concerns and expectations. In FY 2011, Superfund is
reemphasizing the importance of the CIP, and is revising its guidance on preparing a
CIP. EPA continues to welcome comments on the CIP and encourages participation
in state reviews of program policies and practices that are already underway through
ASTSWMO. Plans are underway to develop a companion tool to the CIP guidance
that provides guidance to aid EPA staff with identifying sites located in
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environmental justice communities and underserved communities. The intent of the
revised CIP guidance is to enhance the EPA's efforts to involve communities,
including environmental justice communities, in the site cleanup process. By FY
2012, Superfund will be fully implementing its revised CIP guidance.
9. Pursuing collaboration with the Institute for Tribal Environmental Professionals
(ITEP) to support training, technical information dissemination, technical assistance,
and research on cleanup technologies and resource conservation in the areas of solid
and hazardous waste. The Superfund program will share existing training materials
and assist in the delivery of training courses. The Superfund program will continue to
raise awareness among tribes of our capabilities to provide technical support and
review of technical tools and approaches for tribal site cleanup and investigation.
In FY 2012, the Superfund program will continue to integrate OSWER's Community
Engagement Initiative (CEI) into its decision-making processes in a manner that ensures
timely cleanup decisions. Projects supporting this initiative include: developing risk
communication training for Superfund; creating an improved marketing effort to better
explain technical assistance opportunities available for communities (such as how
nonprofit organizations from affected communities can apply for TAGs); working with
communities to encourage diverse and broad-based participation in Citizen Advisory
Groups, TAG awards and other technical assistance; leading CEI efforts to develop an
OSWER-wide community engagement training program, and selecting multiple sites for
Super JTI projects.
EPA, other federal agencies, and states and tribes implement the Superfund site
assessment process to identify and evaluate potential hazardous waste sites under
CERCLA. Evaluation results are used to determine if sites may pose human health and
ecological risks needing immediate or longer-term cleanup attention. EPA and its
partners will then determine which cleanup approach (e.g., National Priorities Listing,
EPA removal, other federal or state/tribal cleanup program) should be used for sites
needing cleanup attention. OSWER will implement its new remedial site assessment
measure, "Number of Superfund remedial site assessments completed," which more fully
accounts for all Superfund remedial assessments performed during the site assessment
process. This measure was introduced in the agency's FY 2012 Annual Plan and first
reported during FY 2011.
At NPL sites, EPA will continue with remedial activities that include remedial
investigations and feasibility studies to review site conditions and evaluate strategies for
cleanup, taking into consideration reasonably anticipated future land use. The agency is
committed to ensuring that adequate resources are available to continue work at sites not
yet construction completed and to continue to evaluate remedies where new information
shows that additional work may be needed to achieve protectiveness. In addition,
enhanced technical and policy support will be provided to the regions to help ensure that
the decisions are based on best available science and that they are consistent with
statutory and regulatory requirements and policy, as appropriate. In FY 2012, a
significant number of sites will require completion of characterization before remedy
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decisions can be made and construction can take place.
EPA is committed to providing resources to maintain adequate construction progress at
all sites, including large and complicated remedial projects, once construction has started.
Funding for Superfund construction projects is critical to achieving risk reduction,
construction completion, and restoration of contaminated sites to productive reuse.
Headquarters and regions will continue to improve long-term planning construction
estimates and funding strategies. The Superfund program recognizes the critical
importance of states performing their statutory O&M responsibilities at fund-lead NPL
sites. EPA will work with the states to ensure a timely and efficient transfer of
responsibility to the state by working with them earlier in the long term response action
period.
Superfund strives to use natural resources and energy efficiently, reduce negative impacts
on the environment, minimize or eliminate pollution at its source, and reduce waste to the
greatest extent possible. The practice of green remediation considers and addresses all
environmental effects of remedy implementation for contaminated sites and incorporates
options to maximize the net environmental benefit of cleanup actions14. In FY 2012,
OSWER will continue its work with other site cleanup programs and organizations to
advance green remediation practices and identify new opportunities and tools to make
greener decisions across Superfund cleanup sites by implementing its National strategy
for green remediation, without compromising cleanup goals and environmental
protection.
The Superfund Green Remediation Strategy provides a series of potential actions and
activities to promote program priorities for protectiveness while reducing the
environmental footprint of site cleanup activities. As part of the strategy, the Superfund
program will develop measures to understand the existing impacts and to help measure
and document its performance in reducing the environmental impacts. These efforts also
support the agency's cross-cutting fundamental strategy of "Strengthening State, Tribal
and International Partnerships." The Superfund program will continue to ensure the
protectiveness and timeliness of remedies at Superfund sites. OSRTI will continue to
capture best management practices in the field and incorporate the lessons learned into
training, webinars, publications and symposia to ensure broad awareness of practitioner-
based innovations in the green remediation practice. In addition, OSWER will engage
the Tribal Science Council and the National Tribal Waste and Response Steering
Committee to identify and implement training, workshops and other options to advance
greener cleanup practices on tribal lands.
EPA will focus attention and resources to the growing post-construction completion site
universe. As of the end of FY 2010, approximately 67 percent of NPL sites had achieved
construction completion, while many other sites had achieved significant progress toward
completion of all remedies. EPA plans to conduct over 225 five-year reviews in FY
2012, and the agency will continue to need resources to conduct activities (e.g. five-year
reviews) to ensure remedies (including institutional controls) are working optimally and
14 For more information about green remediation, please see http://cluin.org/greenremediation/
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as intended at sites where hazardous substances, pollutants, or contaminants remaining at
the site above levels that allow for unlimited use and unrestricted exposure. In FY 2012,
EPA will ensure that the results of five-year reviews continue to be made publicly
available. For any site where the five-year review determines a remedy is not protective,
EPA will implement internal management oversight to identify sites with unresolved
recommendations for remedies found to be unprotective. EPA headquarters will develop
a report of unresolved recommendations which will be submitted to the regions twice a
year. EPA regions will continue their actions to complete those unresolved issues. EPA
will also publicize the actions that will be taken to make the remedy protective and the
progress in implementing those actions over time.
During the remedy investigation/feasibility study stage, when alternatives are being
analyzed which may leave contamination on-site requiring future control and
maintenance, EPA regions will consult with state, tribal and local governments,
responsible parties and affected communities on the institutional controls (ICs) that may
be required to ensure the remedy remains protective in the long term. During this early
consultation stage, EPA regions will evaluate the capability and capacity of the local
/state/tribal governments to implement and enforce ICs and will consider this capability
in the selection of a preferred alternative for the proposed plan.
The EPA regions, with headquarters oversight, will continue to evaluate all construction
complete sites to ensure that necessary ICs have been implemented and remain effective,
with attention to local governmental capacity to implement and enforce ICs. Review also
may identify many older sites for which ICs should have been implemented. EPA is also
making 1C information available on the internet to enable the public to view 1C
instruments affecting individual sites15. An information system has been developed to
capture this information.
OSWER will ensure that its programs incorporate the latest scientific understanding of
the health, ecological and environmental fate properties of high priority chemicals such
as lead, dioxin, arsenic, tetrachloroethylene, perchlorates, and mineral fibers. For FY
2012, areas of priority emphasis will include advancing critical guidance on the vapor
intrusion of toxic chemicals, developing program guidance that considers the latest
human health assessment of lead toxicity, and developing technical assistance support for
nanoparticle technology innovations.
The agency will continue to focus attention on the management of special accounts to
further advance program effectiveness and site cleanups. Special accounts are site-
specific, interest bearing sub-accounts within the Superfund Trust Fund established
through settlements with potentially responsible parties and used to fund site-specific
response work. Over the past two decades, EPA has collected and placed in special
accounts more than $2 billion in settlement funds, and has contributed more than $1
billion to the cleanup of hundreds of Superfund sites. EPA will continue efforts to
improve the management of Superfund special account resources by reviewing the
15 Please visit the following website to search Superfund site information:
http://www.epa.gov/ictssw07/public/export/regionalReport/ALL REGIONS 1C REPORTS.HTM
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planned uses of those resources with the regions as part of the Superfund program's
annual work planning process and implementing activities outlined in the Superfund
Special Accounts Management Strategy.
Enforcement supports faster, more effective and timely cleanup and reuse of federal
facilities. EPA has Federal Facility Agreements (FFA) 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 will work together to
get remaining NPL sites, as well as new NPL sites, under agreements or other legally-
enforceable agreements.
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EMERGENCY PREPAREDNESS, RESPONSE, AND PREVENTION PROGRAMS
Administrator priorities supported by this national program include:
Cleaning Up Our Communities
Protecting America's Waters
Expanding the Conversation on Environmentalism and Working for
Environmental Justice
Building Strong State and Tribal Partnerships
EPA's Emergency Response and Removal program is founded on the National Oil and
Hazardous Substances Pollution Contingency Plan, commonly called the National
Contingency Plan (NCP). The NCP was first published in 1968 to provide a federal
blueprint for a coordinated approach among responsible parties and local, state, and
federal responders for coping with potential oil spills in U.S. waters. Over the years,
revisions have been made to the NCP to keep pace with the enactment of legislation.
Following the passage of the Comprehensive Environmental Response, Compensation
and Liability Act (CERCLA) in 1980, EPA and other federal agencies were provided
increased authority and funds to respond to a release or substantial threat of a release of a
hazardous substance, pollutant or contaminant into the environment, not just to the waters
of the United States. Accordingly, the NCP was broadened to cover emergency response
and removal actions to releases at hazardous waste sites.
Removal actions are of three types: (1) emergency, where action is required within hours
or days; (2) time-critical, where timely action must begin to protect human health or the
environment and the lead agency has up to six months to plan the response action; and (3)
non-time-critical, where the lead action has at least six months to plan the response
action.
EPA's mission is to respond to immediate threats from releases of hazardous substances
and oil. The first priority is to eliminate any danger to the public. A major focus in 2010
was our response to the Deepwater Horizon Oil Spill. EPA supported the U.S. Coast
Guard during the response to the spill, which was classified as a Spill of National
Significance. EPA focused on the application of dispersants, sampling and monitoring
activities for water, waste, sediment, and air samples; and beach clean-up. Agency
officials worked with state governments, non-governmental organizations (NGOs), and
other federal agencies to respond efficiently and effectively to an unprecedented event
that is largely considered the worst environmental disaster in the nation's history. EPA
also served as the lead response agency for the Enbridge Oil Spill and other pipeline
spills.
EPA's Emergency Response and Removal program is organized to work with and
complement the varying capabilities of local and state agencies for responding to the
types of oil and hazardous substances releases that occur in each region. The program
acts as a federal safety net to allow for response to immediate threats when such response
is necessary (e.g., when the nature, size or complexity of a spill is beyond the capacity or
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capabilities of the state or local responders). In order to maintain a high state of effective
response readiness and improve our capabilities to protect human health and the
environment, using the NCP criteria, regions will continue to respond to high priority
hazardous substance releases and oil discharges.
In an effort to improve the accountability, transparency, and effectiveness of EPA's
cleanup programs, EPA initiated its Integrated Cleanup Initiative (ICI), a multiyear effort
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 and enforcement programs, EPA will better leverage the resources available
to address needs at individual sites.
One example of leveraging is the use of Superfund Removal resources to assist
Brownfields cleanup and redevelopment. Specifically, this connection will allow the
agency to utilize the removal program, when appropriate and in accordance with the
applicable statutory criteria, as a resource to assist communities with some or all of the
cleanup activities at brownfields sites where cleanup monies are not otherwise available.
This connection will be particularly productive when the Removal program is activated in
conjunction with a Targeted Brownfields Assessment. The Brownfields program will
activate its resources to help bring completed removal action sites into productive reuse.
These resources can include further site characterization, technical assistance with
necessary institutional controls, community engagement and site end-use planning.
Along with the efforts of the ICI, EPA is enhancing how it engages local communities
and provides them with important information during environmental incidents through its
Community Engagement Initiative. This initiative is designed to help local communities
meaningfully participate in government decisions on land cleanup, emergency
preparedness and response, and the management of hazardous substances and waste. As
communities become more involved, the agency is working to improve the ways in which
we communicate important information back to the community. One tool developed to
achieve this goal is a Sampling Methodology Scale that provides easy-to-understand,
color-coded information on contamination levels. This scale was field tested during the
Deepwater Horizon Oil Spill Response and will be tested further in 2011.
To prepare for large-scale responses to incidents such as the Deepwater Horizon Oil
Spill, World Trade Center, the anthrax attacks, and Hurricane Katrina, the agency
instituted its National Approach to Response (NAR). The NAR emphasizes the need to
provide the necessary levels and appropriate types of support during major responses and
greater consistency across the regions in emergency response capabilities. Preparedness
on a national level is essential to ensure that emergency responders are capable of
managing multiple, large-scale emergencies. EPA will improve its capability to
effectively prepare for and respond to these incidents, working under its statutory
authorities and, for major high-consequence incidents, will work closely with the
Department of Homeland Security (DHS) and other government agencies within the
National Response Framework (NRF).
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As part of enhancing its readiness capabilities, EPA is continually working to improve
internal and external coordination and communication mechanisms. For example, EPA's
National Incident Coordination Team (NICT) brings together various program offices
during a response to ensure coordination of all agency activities. Under the Continuity of
Operations/Continuity of Government program, EPA continually upgrades and evaluates
plans, facilities, training, and equipment to ensure that essential government business can
continue during a catastrophic emergency.
EPA will continue to improve its capability to respond effectively to incidents that may
involve harmful chemical, oil, biological, and radiological substances. This will involve
exploring improvements in field equipment, response training and exercises, and
technical capabilities. EPA is developing an Emergency Management Portal that will
serve as the central piece of its Emergency Management Architecture. Response
information will be grouped into distinct information management functions to enable
EPA's emergency management community to respond to incidents while efficiently
storing data from large and small sites. EPA regions will be required to use the
Emergency Management Portal so that the agency can establish a more complete and
consistent system of managing critical response information.
We also will review response data provided in "after-action" reports prepared by EPA
emergency responders following a release and examine "lessons learned" reports to
identify which activities work and which need to be improved. Application of this
information and other data will advance the agency's state-of-the-art emergency response
operations.
EPA is compiling a comprehensive document of lessons learned from the Deepwater
Horizon response and will be taking steps to inform policy decisions and integrate these
lessons into future operations. EPA is committed to working with the U.S. Coast Guard
to use these lessons to develop a consistent response approach for spills that call for the
application of surface or subsea dispersants. Regional and Area Contingency Plans will
be revised to reflect these lessons.
Given limited resources, it is clear that our activities must focus on getting high risk
facilities into compliance as well as addressing our preparedness to respond to high
risk/high consequence scenarios as identified by the DHS. There is also a need for
collection and analysis of quality data to learn more about the results associated with
prevention and preparedness activities and their effect on the prevention of releases and
mitigation of the consequences. These data-related activities involve coordinated use of
technology to ensure the data can be shared and analyzed across the key emergency
management activities and the various accident scenarios. We will continue to work with
our partners at the local, state, tribal and federal levels to ensure that we are focusing on
the areas where agency support is most required.
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Facility Oil Spill Preparedness and Prevention
The amended Clean Water Act requires facilities with certain quantities of oil to prepare
Facility Response Plans (FRPs) and submit them to EPA (or other appropriate agencies).
Approximately 4,000 facilities must submit FRPs to EPA. EPA uses information in the
FRPs to develop Area Contingency Plans under the National Contingency Plan. EPA
inspects FRP facilities and conducts unannounced drills to test facility preparedness.
The Spill Prevention, Control and Countermeasure (SPCC) regulation under the Clean
Water Act requires covered facilities to take specific steps to prevent and contain oil
spills. EPA estimates that approximately 600,000 facilities are subject to the SPCC
regulation. On November 5, 2009, EPA amended certain requirements of the SPCC rule
in order to provide regulatory reform.16 EPA inspects approximately 1,000 SPCC
facilities each year. In FY 2012, as part of the Regaining Ground initiative, EPA will pay
particular attention to high risk facilities. In addition, EPA will develop and implement a
third party audit program for non-high risk SPCC facilities, using the results of these
audits to target non-high risk facility inspections. OSWER will work with OECA and the
regions to further develop the scope of this program.
Performance Goals for FY 2012 (with ACS measure codes):
Removal: PRP removal completions (including voluntary, AOC, and UAO
actions) overseen by EPA (target 170; ACS 133) .
Removal: Superfund-lead removal actions completed (target 170; ACS 132).
Oil: Percent of all SPCC facilities found to be non-compliant brought into
compliance (target 35 percent; ACS 328A)
Oil: Percent of all FRP facilities found to be non-compliant brought into
compliance (target 35 percent; ACS 327A).
Homeland Security: Score for Core NAR evaluation (target 70 percent; ACS Cl).
Efficiency Measure:
Removal: Superfund-lead removal actions completed annually per million dollars
(target: 0.97).
Supporting Chemical Accident Prevention, Preparedness and Response at the Local
and State Levels
The Emergency Planning and Community Right-to-Know Act of 1986 (EPCRA, also
known as Title III of the Superfund Amendments and Reauthorization Act), established
requirements for federal, state and local governments, Indian tribes, and industry
regarding emergency planning and "Community Right-to-Know" reporting on hazardous
and toxic chemicals. The Community Right-to-Know provisions help increase the
public's knowledge and access to information on chemicals at individual facilities, their
16 For more information on EPA's final SPCC rule, please see
http://epa.gov/emergencies/content/spcc/spcc_nov09amend.htm
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uses, and releases into the environment. States and communities, working with facilities,
can use the information to improve chemical safety and protect public health and the
environment. In FY 2011, the 25th anniversary of EPCRA, EPA continued its
commitment to working with states and local governments to promote transparency and
open communication with local communities regarding chemical safety. In 2012, EPA
will build upon these activities.
States and local governments have a vital role to play in this work. State Emergency
Response Commissions (SERCs) establish Local Emergency Planning Committees
(LEPCs) that use information about chemicals in the community to develop
comprehensive emergency plans. In addition, tribes can establish Tribal Emergency
Response Commissions (TERCs).
There are more than 3,000 LEPCs nationwide. EPA has supported this program with
guidance, technical assistance, and some limited grants. EPA also worked with the
National Oceanic and Atmospheric Administration (NOAA) to develop and provide the
Computer-Aided Management of Emergency Operations (CAMEO) software to these
committees free of charge. According to the latest LEPC Survey conducted in 2008,
LEPCs and SERCs are continuing to address their responsibilities under EPCRA and
some have expanded their activities to address homeland security.
Section 112(r) of the Clean Air Act encompasses both the General Duty Clause found in
section 112(r)(l) and the Chemical Accident Prevention Provisions of 40 C.F.R. part 68.
Regions will continue to devote inspection and enforcement resources to identifying and
addressing noncompliance in both areas. In order to more efficiently use enforcement
resources and in light of continuing concerns regarding public safety, EPA has developed
criteria for determining which facilities pose a higher risk to human health and the
environment.
Regions should perform inspections at least 5 percent of the total number of regulated
facilities in the region during FY 2012. Of these inspections, at least 25 percent should
be conducted at high-risk facilities. A high risk facility is one that meets one or more of
the following criteria: 1) facilities whose reported RMP worst-case scenario population
exceeds 100,000 people; 2) any RMP facility with a hazard index17 greater than or equal
to 25; and/or 3) facilities that have had one or more significant accidental releases within
the previous five years (Note: facilities that have only program 1 processes are not
considered high risk). EPA will begin counting inspections at high-risk RMP facilities as
a subset of the overall inspection target. At the end of the fiscal year, regions must report
the number of high-risk facility inspections completed, as well as the total number of
non-filer investigations completed and of that total, the number of actual non-filers
17 Hazard index is defined as the sum over all chemicals of Iog2 (maximum quantity on site/threshold
quantity), or alternatively as the number of chemicals times Iog2 of the geometric mean of the maximum-
to-threshold quantity ratio. Hence, a hazard index value of zero indicates that only threshold levels of
chemicals are kept in inventory; a value of 1 means one chemical is kept at up to twice the threshold
quantity; 2 means two chemicals are kept at up to twice the threshold or 1 chemical at up to four times the
threshold, and so forth.
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identified and required to comply with the RMP regulations."
Performance Goal for FY 2012 (with ACS measure code):
Number of risk management audits/inspections completed (target 578; ACS
CH2).
Environmental Justice
In support of the agency's cross-cutting fundamental strategies, we have also integrated
EJ principles into the Core NAR evaluation tools for EPA regions and headquarters. As
the Core NAR is revised during FY 2011, close attention to will continue to be paid to
integrating EJ, and during FY 2012, regions and headquarters will work to achieve high
scores in these areas. Moreover, in the RMP and FRP programs, EPA will seek to
engage affected communities and bring greater transparency to the risks and potential
responses to them.
One EPA
Through coordination of emergency preparedness and response activities, the Emergency
Response and Removal program has many opportunities to integrate its work with that of
other EPA offices. The NAR recognizes that all offices agency-wide need to support
these activities. The program plays a coordination role through the NICT, which includes
senior level representatives from all AA-ships. We recently worked with the NICT and
the regions to develop the NAR Preparedness Plan and a Core NAR evaluation tool that
measures progress. Current efforts also support the agency's cross-cutting fundamental
strategy for Expanding the Conversation on Environmentalism including the Community
Engagement Initiative where we work with the Office of External Affairs to improve the
communication of risks to our communities.
Useful websites:
Office of Emergency Management http ://www. epa.gov/oem
National Response Team (NRT) http://www.nrt.org
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BROWNFIELDS CLEANUP AND LAND REVITALIZATION PROGRAM
Administrator priorities supported by this national program include:
Cleaning Up Our Communities
Expanding the Conversation on Environmentalism and Working for
Environmental Justice
Protecting America's Waters
Building Strong State and Tribal Partnerships
EPA's Brownfields program will continue to facilitate the cleanup, redevelopment and
restoration of brownfields properties. Under the Brownfields Law (Public Law 107-118,
"Small Business Liability Relief and Brownfields Revitalization Act"18), brownfields are
defined (with certain exclusions) as real properties, the expansion, redevelopment, or
reuse of which may be complicated by the presence or potential presence of a hazardous
substance, pollutant, or contaminant. Brownfield properties include, for example,
abandoned industrial properties, drug labs, mine-scarred land, or properties contaminated
with petroleum or petroleum products. Through its Brownfields program, EPA will
continue to provide for the assessment and cleanup of these properties, to leverage
cleanup and redevelopment opportunities, and to help preserve green space, offering
combined benefits to local communities.
Performance Goals for FY 2012 (with ACS measure codes):
Number of brownfields properties assessed (target: 1,000; ACS B29).
Number of brownfields properties cleaned up using brownfields funding (target:
60; ACS B32).
Acres of brownfields property made ready for reuse (target: 1,000; ACS B33).
Jobs leveraged from brownfields activities (target: 5,000; ACS B34).
Billions of dollars of cleanup and redevelopment funds leveraged at brownfields
sites (target: $0.9; ACS B37).
Note: Performance estimates and results from $100 million received to implement the
ARRA are tracked separately and described later in this guidance.
Environmental Justice
EPA's Office of Brownfields and Land Revitalization (OBLR) continues its efforts to
ensure that brownfields funding benefits low income and minority communities through
assessment, cleanup, job training, and technical assistance activities. Under the
Brownfields Law, the program is required to evaluate the extent to which brownfields
funding "would meet the needs of a community unable to draw on other sources of
funding for environmental remediation and subsequent redevelopment of the area in
18 Signed in January 2002, for more information on Public Law 107-118 go to
http://www.epa. gov/swerosps^f/sblrbra.htm.
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which a brownfields property is located because of the small population or low income of
the community." Additionally, the criteria must also take into consideration the extent to
which brownfields funding "would address or facilitate the identification and reduction of
threats to human health or welfare of children, pregnant women, minority or low income
communities, or other sensitive populations."
To determine compliance with this statutory requirement, in 2009, the Brownfields
program used the LandView tool to obtain Census Block Group data based on geographic
information in the EPA ACRES database for more than 3,000 properties that were
reported by recipients to have benefitted from EPA Brownfields funding as of January
2008, including assessment, cleanup, and revolving loan fund cooperative agreements, as
well as targeted brownfields assessment resources. Through this analysis, it was found
that Census Block Groups with EPA-funded brownfields properties (Census 2000) were,
on average, located in communities with a 20.1% poverty rate, as compared to the
national average of 12.1%. Additionally, properties where EPA-funded assessments and
cleanups took place were, on average, located in communities with a 37.9% minority
population and a per capita income of $16,693, by comparison, the national average of
Census Blocks nation-wide have 30.9% minority populations and per capita incomes of
$21,587. This analysis illustrated and confirms that EPA Brownfields cooperative
agreements go to the types of communities the program was originally designed to help.
While this analysis was instrumental in quantifying the demographic makeup of
communities which have received brownfields funding, this analysis was just one activity
related to environmental justice as highlighted in OBLR's Environmental Justice Action
Plan.
The analysis will help inform revisions to the existing ranking criteria for assessment,
cleanup, and revolving loan fund grants under "Community Need" to better reflect
environmental justice issues in applicants' communities by adding specific language on
other environmental and cumulative impacts (besides brownfields) that should be taken
into consideration, such as degraded water bodies, degraded air pollution, proximity to
pollution sources, incidences of illegal dumpling and presence of vacant properties in the
target community. EPA will analyze the potential of also including language which
requires applicants to describe how this data relates to EPA enforcement data, etc. and
how demographic indicators directly relate to health disparities in the community,
including a description of exposure pathways (suspected or known), and environmental
health data.
For the FY2012 grant application cycle, EPA will develop outreach presentation
materials for regional outreach and training webinars as it relates to specific public health
concerns for children and other sensitive populations. EPA will develop and publish a
guide that introduces the public and private health care sector, HHS, VA and other
federal grant funding programs that support health services and the linkage opportunities
for brownfields revitalization, including evidence-based models for improving public
health. EPA will discuss the potential of issuing a Federal Register notice to the public in
FY2012 to solicit comments on the drafted application guidelines, and will also develop
an FAQ on this criterion to better define environmental justice analysis.
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To ensure brownfields funds and resources continue to benefit communities most in need
and advance the Administrator's objective to "expand the conversation on
environmentalism and work for environmental justice," the Brownfields program will:
1) Continue to educate and train brownfields staff about issues of environmental
justice and equity as they relate to brownfields-impacted communities prior to the
review of grant proposals and during the development of grant solicitations;
2) Pilot delivery of area-wide planning assistance to underserved and economically-
disadvantaged communities, to enable them to plan for the cleanup and reuse of
brownfields properties through community involvement opportunities which
highlight equitable development approaches;
3) Increase outreach to tribes and minority academic institutions; and
4) Provide research, training, and technical assistance that focus on targeted
environmental justice communities, such as the U.S. Conference of Black
Mayors, Tribal Response programs, Environmental Workforce Development and
Job Training programs.
One EPA
The Brownfields program supports the concept of integrating other EPA programs to
achieve mutual priorities. The program is working across EPA's Office of Solid Waste
and Emergency Response on the Integrated Cleanup Initiative to improve the
accountability, transparency, and effectiveness of EPA's cleanup programs.
The Brownfields program also is undertaking initiatives that support the agency's cross-
cutting fundamental strategies including, "Expand the Conversation on
Environmentalism,""Working for Environmental Justice and Children's Health" and
"Strengthening State, Tribal and International Partnerships." We are working across EPA
on a number of initiatives including the Office of Water on the agency's Urban Waters
effort to protect the country's urban waters and to ensure that communities have access to
these waters through land revitalization; partnering with the Office of Sustainable
Communities on the Sustainable Communities Partnership and working across EPA and
across federal agencies and the White House on issues dealing with "Cities in
Transition." More details about each of these items are in the following descriptions.
Brownfields Assessment, Cleanup, Revolving Loan Fund, and Job Training
Cooperative Agreements
EPA will continue to provide Assessment, Cleanup, Revolving Loan Fund (RLF), and
Job Training cooperative agreements to communities. Brownfields Assessment
cooperative agreements provide funding to inventory, characterize, assess, and conduct
planning and community involvement activities related to brownfields properties.
Brownfields RLF cooperative agreements provide funding for a cooperative agreement
recipient (recipient) to capitalize a revolving loan and for a recipient to make low or no
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interest loans and/or subgrants to carry out cleanup activities at brownfields properties.
Brownfields Cleanup cooperative agreements will fund cleanup activities at brownfield
properties owned by grant recipients. EPA also will provide funding to create local
environmental job training programs to enhance the economic benefits, derived from
brownfield revitalization efforts, to the community.
In 2010, the OBLR led an effort to more closely collaborate on workforce development
and job training with other programs within EPA's Office of Solid Waste and Emergency
Response (OSWER), including the Office of Resource Conservation and Recovery
(ORCR), Office of Superfund Remediation and Technology Innovation (OSRTI), Office
of Underground Storage Tanks (OUST), Federal Facilities Restoration and Reuse
(FFRRO), Center for Program Analysis (CPA), Innovation, Partnerships, and
Communication Office (IPCO), and the Office of Emergency Management (OEM) to
develop a job training cooperative agreement opportunity that includes expanded training
in other environmental media outside the traditional scope of just brownfields. As a result
of these discussions, the Environmental Workforce Development and Job Training
(EWDJT) Grants Program, formerly known as the "Brownfields Job Training Grants
Program," now allows applicants to deliver additional hazardous and solid waste training.
These cooperative agreements provide funding to governmental entities and nonprofit
organizations to recruit, train, and place local unemployed and under-employed,
predominantly low-income and minority residents with the skills needed to acquire full-
time, sustainable careers in the green economy and solid and hazardous waste
remediation. EWDJT cooperative agreements help residents take advantage of the jobs
created by the assessment, cleanup, and redevelopment of solid and hazardous waste sites
in their communities. Graduates of the program typically earn certifications and training
in HAZWOPER, lead and asbestos abatement, mold remediation, innovative and
alternative treatment technologies, demolition and debris recycling, leaking underground
storage tank remediation and prevention, confined space entry, first aid, CPR, soil and
groundwater sampling, and other health and safety training. While EWDJT cooperative
agreements focus on solid and hazardous waste remediation and cleanup, the program
emphasizes the need to provide training in other innovative and environmentally
sustainable technologies and certifications aimed at equipping graduates with a
diversified portfolio of skills needed to secure permanent work in the larger
environmental field.
EPA will publish proposal guidelines, solicit proposals, conduct a national competition,
announce, and award Assessment, Cleanup, RLF, and Job Training cooperative
agreements. To ensure a fair selection process, evaluation panels consisting of EPA
regional and headquarters staff and other federal agency representatives will assess how
well the proposals meet the selection criteria outlined in the statute and the proposal
guidelines. Final selections will be made by EPA senior management after considering
the ranking of proposals by the evaluation panels. The statute requires that funds be
directed to the highest ranking proposals.
4- Proposal Guidelines for Brownfields Assessment, Revolving Loan Fund, Cleanup
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and Environmental Workforce Development and Job Training cooperative
agreements are available at: http://www.epa.gov/brownfields/applicat.htm.
Following award, EPA will assist recipients in achieving specific objectives as agreed
upon in the project work plan. EPA will conduct post award monitoring activities, as
appropriate, to ensure the successful implementation of projects. Cooperative agreement
terms and conditions require recipients to report on interim progress (e.g., assessment
started, cleanup started) and any final accomplishments (e.g., assessment completed,
cleanup required, contaminants, Institution Controls, Engineering Controls, number of
participants completing training and placed in full-time employment) by completing and
submitting relevant portions of the Property Profile Form and Job Training Reporting
Form using the Brownfields program on-line reporting system, known as Assessment,
Cleanup and Redevelopment Exchange System (ACRES).
*k The Property Profile Form and the Job Training Reporting Form are available at:
http://www.epa.gov/brownfields/pubs/index.html.
In the FY 2011 budget, EPA set a Priority Goal to initiate 20 Brownfields community
level projects that include a new area-wide planning effort to benefit under-served and
economically disadvantaged communities. The projects will allow those communities to
assess and address a single large or multiple brownfields sites within their boundaries,
thereby enabling cleanup and redevelopment of brownfields properties on a broader
scale. For the 23 community-level projects selected, EPA will provide technical
assistance, coordinate its enforcement, water and air quality programs, and work with
other federal agencies, states, tribes and local governments to implement associated
targeted environmental improvements identified in each community's area-wide plan.
The Brownfields Area-Wide Planning Pilot Program19 is designed to provide support by
helping recipients 1) develop an area-wide plan for brownfields within their identified
community, and 2) determine next steps and identify resources needed to implement the
plan. The program:
provides assistance to selected applicants for area-wide planning within a specific
brownfields-impacted area, such as a neighborhood, district, or corridor;
- aims to connect cleanup and redevelopment of individual parcels to their
neighborhood and city-wide contexts; and
provides a flexible planning framework for selected applicants to catalyze the
cleanup and redevelopment of brownfields and affected areas through a locally-
driven planning process
Assistance is provided to the 23 pilot communities primarily through cooperative
agreements, with some additional direct contract support available to specific projects
throughout FY2011 and FY2012. Each pilot has an EPA project lead in OBLR and a
regional point of contact to facilitate project communication and cross-program
19 For more information about the Brownfields Area-Wide Planning Pilot Program, please see
http://www.epa.gov/brownfields/areawide grants.htm
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coordination. The Brownfields program expects that project synergies will exist between
Brownfields Area-Wide Planning pilot projects and existing Brownfield resources for
assessment and cleanup already present in several of the pilot communities. EPA
regional Brownfields programs are in the best position to evaluate those opportunities and
engage with the appropriate local partners, such as the state, tribe, local government or
community-based organizations, to identify local needs and leverage the investments
being made in these communities. In coordination with OBLR's efforts to advance intra-
and inter-agency project community and coordination, the EPA region can take a leading
role in convening other regional EPA program staff (such as water, air, sustainable
communities, environmental justice and enforcement staff, as appropriate) and regional
staff from other agencies (such as HUD, DOT, EDA, USD A, and ATSDR, as
appropriate), in addition to the states, tribes, local governments and community-based
organizations, to identify possible barriers and solutions for implementing the pilot
proj ect.
The resulting area-wide plan from each of the 23 pilot communities will facilitate the
assessment, cleanup and reuse of individual brownfields properties and identify area-
wide investments and improvements necessary to revitalize the community. In FY 2012,
the Brownfields program will allocate resources to fund approximately 20 additional
Brownfields area-wide planning projects.
Brownfields State and Tribal Response Programs Cooperative Agreements
EPA will continue to work in partnership with state and tribal programs to address
brownfield properties under the Section 128(a) of the Comprehensive Environmental
Response, Compensation, and Liability Act (CERCLA). Section 128(a) authorizes a
noncompetitive $50 million dollar grant assistance program to establish and enhance state
and tribal response programs. State and tribal response programs oversee assessment and
cleanup activities at the majority of brownfields properties across the country.
The depth and breadth of state and tribal response programs vary. Many programs also
offer accompanying financial incentive programs to spur cleanup and redevelopment.
The primary goal of this funding is to ensure that the state and tribal response programs
include, or are taking reasonable steps to include, four specific elements and a "public
record". The four elements of a response program are: 1) timely survey and inventory of
brownfields sites in state or tribal land; 2) oversight and enforcement authorities or other
mechanisms and resources; 3) mechanisms and resources to provide meaningful
opportunities for public participation; and 4) mechanisms for approval of a cleanup plan
and verification and certification that cleanup is complete.
The secondary goal of this program is to provide funding for other activities that increase
the number of response actions conducted or overseen by a state or tribal response
program. The funding may give recipients the ability to establish, enhance, or increase
the number of properties addressed by a response program. Recipients may use the
funding to start a new response program and public record requirement. States and tribes
also may use funding to increase the number of properties at which response actions are
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conducted, or perform activities that add or improve a response program. In addition,
though not the primary focus, the funds can be used to oversee cleanups, to conduct
property-specific activities (e.g., assessments, cleanups), purchase environmental
insurance, or develop other insurance mechanisms to provide financing for cleanup
activities. EPA will publish an annual guidance regarding the criteria for state and tribal
response program funding.
4- Grant Funding Guidance for State and Tribal Response programs (CERCLA)
Section 128(a) is available at:
http://www.epa.gov/swerosps/bf/state tribal/fund guide.htm.
Following award, EPA will assist recipients in achieving specific objectives as agreed
upon in the project work plan. EPA will conduct post-award monitoring activities to
ensure the successful implementation of projects.
All property-specific activities (e.g., assessments, cleanups) performed by state and tribal
response programs under their cooperative agreements contribute to the Brownfields
program overall accomplishments. Since conducting property-specific activities is not the
main goal of the 128(a) state and tribal response program, regions should not set state or
tribal targets. States and tribes are required to report property-specific accomplishments
conducted with Section 128(a) funds by completing and submitting relevant portions of
the Property Profile Form using ACRES.
*t The Property Profile Form is available at:
http://www.epa.gov/brownfields/pubs/index.html.
Targeted Brownfield Assessment Program
EPA will continue to make the Targeted Brownfield Assessment (TEA) program more
transparent, and will work with the regions to identify specific criteria when prioritizing
TEA funding. EPA regions will work to take economic distress and environmental
justice concerns into account when providing funding to projects. A strong focus will also
be on choosing projects with a viable plan for cleanup and redevelopment.
Program Priorities and Initiatives
Integrated Cleanup Initiative
Through the Integrated Cleanup Initiative (ICI), EPA will bring to bear the relevant tools
available in each of the cleanup programs (Remedial, Removal, Federal Facilities and
Brownfields) and will better leverage the resources available to address needs at
individual sites. One example of leveraging is the use of Superfund Removal resources
to assist brownfields cleanup and redevelopment. Specifically, this connection will allow
the agency to utilize the removal program, when appropriate and in accordance with the
applicable statutory criteria, as a resource to assist communities with some or all of the
cleanup activities at brownfields properties where cleanup monies are not otherwise
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available. This connection will be particularly productive when the Removal program is
activated in conjunction with a Targeted Brownfields Assessment and in those instances
will allow the agency to target both assessment and cleanup resources to help a state,
tribe or community assess, clean and redevelop a contaminated property where other
resources are not available. The Brownfields program will utilize its resources to help
bring completed removal action properties into productive reuse. These resources can
include further environmental characterization, technical assistance with necessary
institutional controls, community engagement and end use planning.
In FY 2010, a workgroup was convened under the ICI to research and document
examples of regional best practices for decision approaches where contaminated sites can
benefit from both Brownfields and Removal programs. The workgroup discovered that
the majority of regions have already identified best management practices and provided
concrete examples where individual contaminated sites benefited from both the
Brownfields and Removal programs. Through the workgroup's research, the main theme
discovered for successful coordination was to have a representative(s) from each program
meet regularly to discuss sites and potential issues and innovate ways to use available
EPA cleanup funding to move these properties back into reuse. The workgroup
developed and distributed a best practices document highlighting successful examples in
FY2011. The workgroup will continue efforts for coordination, collecting success stories
and solving issues as they arise.
Federal Partners
EPA is committed to working and developing partnerships internally and externally to
help communities address contaminated properties and create sustainable communities.
EPA will continue efforts to highlight examples of how brownfields resources can
support community driven efforts to create and expand urban parks and greenspaces that
improve and restore ecological systems while creating healthier human scale
environments in urban and rural areas. Cleanup of historic properties or urban
brownfields will support and compliment other Federal Government initiatives, such as
the America's Great Outdoors (AGO) activities underway with the leadership of the US
Department of Interior (DOI) and the US Department of Agriculture (USDA). EPA will
continue to use its existing IA with the U.S. Park Service to fund and expand the network
of Groundwork Trust projects, that provide funding directly to community led greenspace
and park creation projects.
US EPA - US DOT- US HUD Sustainable Communities Partnership: In June 2009,
the U.S. Department of Housing and Urban Development (HUD), U.S. Department of
Transportation (DOT), and the U.S. Environmental Protection Agency joined together to
form the Partnership for Sustainable Communities, an unprecedented agreement to
coordinate federal housing, transportation and environmental investments, protect public
health and the environment, promote equitable development, and help address the
challenges of climate change. The agencies are working together to identify opportunities
to build more sustainable communities and to remove policy or other barriers that have
kept Americans from doing so. The Brownfields and Land Revitalization program is a
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key member of this partnership, committing to continue working with HUD and DOT to
further coordinate investments and leverage resources in areas where there is a
convergence of brownfield redevelopment, transit oriented development, and affordable
housing.
Regional partnership contacts have been established, some of which are Brownfields or
Land Revitalization staff. The expectation is that EPA will engage and coordinate with
HUD and DOT, as well as state and local stakeholders, on partnership, brownfields area-
wide planning, and other projects. Regular dialogues with HUD and DOT counterparts
are being established at the regional level in order to coordinate agency investments into
place-based projects and better leverage those investments. Training for regional and
field office staff is planned, as well as a national meeting for staff from all three agencies,
to support this work.
The partnership has identified several hundred obstacles to supporting more sustainable
communities, and regional staff have opportunities to convey additional observations
from their work at the local, state, and regional level to headquarters. Headquarters is
committed to working with partner agencies to address these barriers.
This work will help maximize the impact of millions of dollars in federal resources on
transit, housing and brownfields. It will ensure equitable redevelopment of brownfields
near transit is supported. Lessons learned from partnership activities are being
incorporated into Brownfields Area-Wide Planning and Assessment Grant programs.
Priority focus areas include:
Emphasize job creation and economic development through sustainable
communities work.
Cultivate and support communities adopting and implementing livability
principles.
Get the money out simpler and faster.
Work with more partners to make federal programs work better for communities.
US EPA - USDA Urban Agricultural Partnership: EPA will work in partnership with
the breadth of U.S. Department of Agriculture (USDA) agencies to link brownfield
revitalization with efforts to strengthen urban agriculture and local food systems and to
improve food access in high risk brownfield communities. Examples of program areas to
strengthen urban agriculture and improve food access include developing a process for
communities to identify safe sites for urban agriculture model testing, best practice
approaches and soil sampling regimes for environmental contaminants and optimum soil
growing conditions and providing innovative growing alternatives such as greenhouses,
green walls and green roofs. EPA will highlight safe soil sources and food waste
composting systems to assist communities in recognizing the value of soil amendments to
improve soil structure, reduce stormwater runoff and economic opportunities of certified
soil sources as an alternative to fill materials of unknown quality.
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Linking revitalization efforts to local, regional and national food discussion can help
contribute to more healthy and sustainable communities and increase market
opportunities such as farmer's markets that strengthen local economies and small
businesses and support local and regional farming, food production or manufacturing,
where feasible.
EPA has developed a 'microsite' on urban agriculture to address general questions for
communities interested in utilizing vacant properties and structures for growing. These
general materials highlight brownfields converted to gardens and farms, greenhouses, and
farmer's markets, as well as, food retail options such as supermarkets. General
information focuses on potential risks, steps to identify and address exposures, resources
to assess or clean brownfield properties and best practice approaches to reduce or remove
risks for safe growing. We are translating existing educational information into Spanish
and in FY2011 plan to include Vietnamese, Hmong and, in future years, other community
languages where possible. The agency will work with USDA to link refugee support
programs to state and local brownfields programs to select safe growing areas.
Cities in Transition (CIT): EPA will work directly with the White House Domestic
Policy Council (DPC), HUD, DOT, USDA, DOC, the Department of Education and other
federal agencies to support a needs assessment of six pilot cities identified by the DPC
under the "Cities in Transition" partnership. The goal of the CIT federal partnership is to
identify the types of technical assistance and funding programs needed by six cities that
are struggling due to recent economic downturns and the presence of brownfields and
other environmental and public health concerns. Following the needs assessment, EPA,
along with the federal partnership, will assemble Federal Implementation Teams to
provide the pilot cities with focused technical assistance and potential funding to
facilitate area-wide planning for transit-oriented development, affordable housing,
remediation of contaminated sites, and the redevelopment of vacant or formerly
contaminated lands in distressed communities. OSWER may provide Targeted
Brownfields Assessment assistance to these cities to assist them in assessing brownfields
properties and planning for community redevelopment. Technical assistance in the form
of staff time and potential contractor resources may be offered to communities to assist
them in planning activities related to brownfields assessment, cleanup, and revitalization.
ARRA and Brownfields
Under the ARRA, EPA received $100 million in supplemental appropriation for the
Brownfields program. The funding went toward awarding brownfields assessment,
cleanup, new and supplemental RLF and job training cooperative agreements through a
competitive process, as well as, providing technical assistance and targeted brownfields
assessments to brownfields communities via regional contracts and Interagency
Agreements (IA). Activities to be performed under these cooperative agreements include,
but are not limited to, (1) environmental assessment to identify the contaminants at
brownfields properties and initiate cleanup planning; (2) direct cleanup of brownfield
properties; (3) capitalize revolving loan funds which provide low or no interest loans
and/or subgrants to cleanup brownfields properties, (4) community involvement activities
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for property selection, cleanup and reuse planning; and (5) training participants in the
handling and removal of hazardous substances, including training for jobs in sampling,
analysis, and property cleanup.
EPA anticipates assessing an additional 500 properties, cleaning up an additional 30
properties, making an additional 500 acres ready for reuse, leveraging an additional 2,500
jobs and leveraging an additional $450,000,000 dollars by 2012. The Brownfields and
Land Revitalization program will continue to monitor and work with ARRA recipients to
ensure timely and accurate reporting to EPA to document and report ARRA results.
Cooperative agreement terms and conditions require recipients to report on interim
progress (i.e., assessment started, cleanup started) and any final accomplishments (i.e.,
assessment completed, cleanup required, contaminants, Institution Controls, Engineering
Controls, number of participants completing training, etc.) by completing and submitting
relevant portions of the Property Profile Form and Job Training Form using the
Brownfields program on-line reporting system, known as Assessment, Cleanup and
Redevelopment Exchange System (ACRES).
^ The Property Profile Form and the Job Training Form are available at:
http://www.epa.gov/brownfields/pubs/index.html.
Improving the Connection between Job Training and Job Creation
OBLR will work, through guidelines revisions, public outreach and stronger
communications, to strengthen the connection between Brownfields resources and job
creation in communities. The Job Training grants will train residents of solid and
hazardous waste affected communities for the assessment, cleanup, and remediation jobs
created in their communities. The program will also work to ensure that the grant
programs are aligned to facilitate placement of residents in these local remediation
projects. For example, the program will use this information to help guide funding
decisions for brownfield cooperative agreements to applicants with firm plans to hire
from EPA's Environmental Workforce Development and Job Training program. Also,
they will provide information to environmental contractors on opportunities to hire job
training program graduates.
Improving the Connection between Brownfields Property Assessments, Cleanup and
Redevelopment
The Brownfields program has been very successful in delivering resources to
communities, states and tribal governments for Brownfields site assessments. The
connection between assessment activities and cleanup/redevelopment activities is at the
core of the Brownfields program and symbolizes the maturation of our program.
The program will continue its program evaluation to determine if these assessment
resources are effectively leading to cleanup and reuse of the brownfield sites, and to find
ways to strengthen the critical link between site assessment, site cleanup and site reuse.
The goal of this evaluation is to communicate progress that existing performance
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measures do not capture, by more directly evaluating how the Brownfields program
benefits the people and communities who reside near contaminated or formerly
contaminated land. Through use of this evaluation design, the program is attempting to
determine the extent to which Brownfields cooperative agreements result in improved
socioeconomic conditions and thus achieve their intended outcomes. Through the study
surrounding the benefits from brownfields funding and activities we hope to be able to
demonstrate that there is some measurable nexus along the continuum of progress from
"vacant or underutilized" to "redeveloped and thriving." The information learned through
this study combined with outreach to our grantee community for complete information
about site assessment, cleanup and reuse activities will yield a data set more able to
answer this question.
The evaluation is intended to employ a quasi-experimental study design to make causal
inferences about the socioeconomic impacts of the Brownfields program. Quasi -
experiments compare a treatment group with a control group, accounting for the fact that
assignment to the treatment group is not random and may be correlated with outcomes of
interest, unlike in a true experiment. More specifically, the program will use a study
design known as regression discontinuity, which allows for unbiased causal inferences
when assignment to the treatment group is determined by a cutoff score on an assignment
variable. The Brownfields program meets this requirement, as it awards Assessment and
Cleanup Grants based solely on the scores given to submitted proposals.
Improving the Timing of Delivery of Brownfields Cooperative Agreement Resources to
Successful Applicants
The Brownfields program will work to make more efficient and timely the delivery of
cooperative agreement resources to successful applicants, and make the selection, the
award and the post award processes more efficient. OBLR is working with the Office of
Grants and Debarment (OGD) to conduct a comprehensive review of the brownfields
award process to identify opportunities for streamlining and improving the timeliness of
brownfield grant awards. OBLR and OGD conducted the review as a subgroup that was
part of the larger Grants and Technical Assistance Workgroup under the Agency's cross-
cutting Community-Based Coordination Project (Coordination Project).
The Coordination Project is focused on environmental issues that impact minority, low-
income and indigenous communities. As part of that general focus, the Grants and
Technical Assistance Workgroup under the Coordination Project targeted improvements
in the efficiency and effectiveness of the Agency's system for delivering financial and
technical assistance to communities to better empowering them to create healthy and
sustainable neighborhoods. Brownfields grant funding was singled out under this overall
effort to advance EPA's priority for environmental justice because of the community-
based nature of brownfields awards and the potential for the recommended brownfields
efficiency measures to serve as prototypes for other community-based EPA awards and
also to improve program efficiencies as part of the ICI.
The regions are key players in improving the timely delivery of grant awards through
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their role in the national grant competition process providing outreach to communities
and reviewing the hundreds of grant proposals received. Although the brownfields are a
national grant competition, the grants are awarded and managed by the regional offices
which implement the majority of the grant efficiencies identified through lessons learned
and best practices. Additionally, the regions will work with OBLR to develop grant
criteria that will better target underserved communities and communities that may suffer
disproportionate impacts from existing environmental conditions.
As a framework for its review and analysis, the subgroup divided the brownfields award
cycle into three inter-related phases: (1) grant competition through selection
announcement; (2) work plan and funding recommendation preparation; and (3) Grants
Management Office (GMO) award processing. The review of each of the three phases
allowed for a systematic analysis of the entire award cycle and specific identification of
issues and opportunities for improvements in the process. Implementation of these
strategies will help reduce the total amount of time required for the overall brownfields
award cycle. The end result will be more accelerated delivery of much needed financial
and technical assistance to more quickly empower communities to improve their health
and environment.
Air and Water Quality Impacts and Sustainable Redevelopment
EPA has researched the air and water quality impacts to show that brownfield/infill
development results in significant environmental benefits, when compared to developing
on greenfields. A national scale study of the environmental impacts of brownfield/infill
development was undertaken in FY 2011. The local or regional fiscal implications of
these findings can inform community planning investments, ensuring the financial
sustainability of redevelopment projects in a larger context. By working to provide
community development finance tools and model governance structures that support
successful implementation, the Brownfields and Land Revitalization program will
support more sustainable redevelopment that protects human health and the environment.
Supporting the Agency's Urban Waters Initiative
The Brownfields program will help coordinate OSWER's partnership with the Office of
Water in the agency's Urban Waters Initiative. The Office will continue to leverage
OSWER's role in land cleanup and reuse in communities surrounding these waters,
which will be critical in the success of the initiative, by offering technical assistance and,
where possible resources for the assessment, cleanup and reuse planning for
contaminated properties in these communities. The Brownfields program will participate
in and help coordinate OSWER's participation in efforts to identify and capitalize on
opportunities to improve federal coordination on Urban Waters Federal Partnership Pilots
across the country. In addition, the partnership with the National Park Service for
Groundwork is being expanded to include the Office of Water (OW), which will support
Groundwork's capacity for urban waters work. OSWER and OW will work together to
identify opportunities to utilize existing brownfields funding in these project areas to
provide information and education materials to communities on the positive public health
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benefits of brownfields revitalization. Major outcomes include:
Connect the public to urban waters by providing avenues of access and
participation;
Improve understanding of urban waters and their potential by building public
awareness and involvement;
Instill a sense of public ownership of urban waters;
Protect and restore of urban waters as shown by measurable improvements to
urban water quality; and
Promote community revitalization through improvements that capitalize on the
social and economic benefits derived from improved urban waters and adjacent
lands.
Improving Public Health through Brownfields Revitalization
EPA is re-emphasizing its commitment to economically-distressed or disadvantaged
communities in its practice of directing brownfield cooperative agreements to
environmental justice and low-income communities in greatest need with the highest risk
population that can most benefit from our technical assistance, support and grant funding.
Increasingly, local governments applying for brownfields funds are encouraged to
allocate a portion of their cooperative agreement (<10%) to support health monitoring of
populations exposed to contaminants from a brownfield property or for monitoring
ongoing cleanup activities to ensure no adverse effects. EPA will continue to conduct
outreach and training to public health agencies and brownfield recipients so they
recognize they may involve their local, county or state health department in the
brownfield assessment and cleanup process to identify priority property-related
environmental hazards to public health or engage in a dialogue on broader community
health issues that need attention.
In addition to providing support for health monitoring, public health agency involvement
can help align cleanup and revitalization efforts to address broader health needs and
improve public and community health through sustainable redevelopment. These
community needs may include an improved and accessible built environment for all ages
and abilities, increased affordable and accessible housing, transitional or assisted living
facilities, increased parks or access to recreational spaces in underserved urban centers,
expanded services and amenities such as full service grocery stores, farmer's markets,
pharmacies, community health clinics, or private health care provider services,
particularly in Health and Human Services (HHS)-designated medically underserved
areas.
EPA will continue to work in partnership with the Agency for Toxic Substances and
Disease Registry (ATSDR) as they provide technical support for grantee's engaged in
health monitoring efforts. We will also expand our work with HHS and the Centers for
Disease Control and Prevention (CDC) to provide technical support and assistance to
brownfield communities regarding public health issues and impacts of revitalization, by
facilitating a direct connection between local public health officials and brownfields
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recipients related to the cleanup and reuse plans for brownfields properties. EPA will
also work with these and other public health agencies and our state and tribal partners to
identify and document experience, best practices and evidence-based approaches to
improve public health and environmental protection through brownfield revitalization.
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RCRA WASTE MANAGEMENT PROGRAMS
Administrator priorities supported by this national program include:
Taking Action on Climate Change
Assuring the Safety of Chemicals
Cleaning Up Our Communities
Protecting America's Waters
Expanding the Conversation on Environmentalism and Working for
Environmental Justice
Building Strong State and Tribal Partnerships
The RCRA program will emphasize its strategy to conserve resources and reduce waste,
energy, and greenhouse gas (GHG) emissions through effective lifecycle-based
sustainable materials management (SMM).
Sustainability is fundamental to EPA's mission to protect human health and the
environment. OSWER supports the Administrator's emphasis on sustainability, and will
proceed in an integrated and collaborative manner with other offices and the regions in
order to achieve maximum impact and effectiveness on sustainability efforts. This
approach reflects the need to look at our environmental challenges in a systems-based
way, and encourages the use and integration of all tools available through our programs
collectively. This approach will also encourage collaboration and communication across
all sustainability program activities to facilitate the best use of our resources and
expertise in meeting the Administrator's priorities. In addition to improving integration,
collaboration and communication across our sustainability program activities; a cross-
Agency governance structure will be poised to assist in the implementation of the NAS
recommendations for operationalizing sustainability throughout EPA. In addition, once
the sustainability work tasked to NAS is completed later this year, EPA may consider
developing a certification and award system for sustainability standards.
SMM is an approach to reduce environmental and societal impacts across the life cycle of
materials from how they are extracted, manufactured, used, reused, recycled, and
disposed. Efficiencies gained in SMM approaches can result in less energy used, more
efficient use of materials, more efficient movement of goods and services, conservation
of water and reduced volume and toxicity of waste. Regions will be expected to
champion and support sustainable materials management strategies and national level
projects.
In FY2011, ORCR in collaboration with regions and other headquarters offices identified
strategic action areas where measureable results can be realized in the next year. The
strategy areas are: reducing the environmental footprint of the Federal Government -
leading by example; state and local government aiming for zero waste and SMM;
incorporating SMM principles and approaches into EPA permitting, regulations, and
policy; and working in the following specific industrial sectors: electronics, food waste,
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and packaging. Furthermore, in FY 2011, ORCR and the regions are jointly developing a
national workplan for each strategy area that will specify the level of commitment,
milestones with reporting cycles, and measures.
Life Cycle-Based Materials Management
The materials and products that are part of our everyday life - packages, buildings,
automobiles, food, clothing, etc. - have environmental impacts at all stages of the
material life cycle (raw material extraction, manufacturing, product use, and end-of-use
management). These impacts include consumption of energy and water, emission of
toxic constituents and greenhouse gases, and loss of soil and habitat.
Because our use of materials is large, and increasing with population and economic
growth, we are increasingly concerned about the continued availability of a relatively
small number of critical minerals and biological resources (e.g., fish, clean water).
However, the larger problem may be the capacity of the environment to absorb the
growing impacts to air, water and land that are created directly and indirectly throughout
the life-cycle stages of the materials that we use, including mining and extraction,
processing, transport, manufacture, use, and recycling, reuse or disposal. Lifecycle
impacts and consequences are not always immediately obvious, but they are profound.
Society must take meaningful actions to manage materials in a more careful and
sustainable manner in order to minimize environmental impacts and at the same time
promote job growth. These meaningful actions must focus on (1) knowing and reducing
the lifecycle impacts across the supply chain; (2) using less material inputs (reduce,
reuse, recycle); (3) using less toxic and more renewable materials; and (4) considering
whether services can be substituted for products. ORCR is currently developing or
initiating SMM projects to:
report results of consumer packaging stakeholder convenings (work performed in
FY2011);
develop guidance for use and disclosure of life cycle analysis (LCA) in
environmental claims made on products and materials; and
pursue innovative economic approaches for leveraging private sector
involvement; and
. improve the management of used electronics by co-leading the electronics
Interagency Task Force, developing a public-private partnership to increase the
use of 3rd party certified recyclers, and coordinating across the Agency in
leveraging resources and authorities to address used electronics from a full life
cycle approach.
In FY 2012, these efforts, in addition to the focus on food waste reduction and recovery,
will support EPA's Healthy Communities initiative to promote reducing, reusing, and
recycling waste for sustainable communities.
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Recycling of Municipal Solid Waste (MSW)
ORCR and the regions are implementing a long-term Government Performance and
Results Act (GPRA) goal to increase the amount MSW that is reduced, reused or
recycled annually from 22.5 billion pounds at the end of FY 2008 to 25 billion pounds by
FY 2015. This long-term goal was designed to reflect EPA's influence, resources, and
contributions to the nation's goal of increasing municipal solid waste recycling.
The MSW measure considers the contributions of MSW programs at both the national
and the regional level. Regional commitments toward achieving the annual national
target will be tracked in ACS as measure code MW9, "Pounds of MSW reduced, reused
or recycled." EPA regions and ORCR will maintain a focus on MSW recycling. For FY
2012, ORCR is requesting that all regions identify ACS commitments in the area of
MSW recycling that contribute toward national recycling goals, energy conservation and
greenhouse gas reductions.
During FY 2011, EPA began an effort to determine the feasibility of obtaining and
reporting materials management data (including generation, recycling, waste
characterization, and re-use data). In FY 2012, this work, which will be coordinated with
the regional offices, will yield an improved materials management measure, and may
allow for the replacement of the existing MSW measure.
Measurement
During FY 2012, new approaches related to materials measurement will be
operationalized that will improve the reporting of waste generation and characterization,
recycling, and reuse information. Results of this work may affect future MSW measures
and targets.
Industrial Materials Reuse and Recycling Program
In FY 2012, ORCR, working with the regions, will continue its shift from promotional
outreach to assessing and ensuring the safety of beneficial use practices. After protocols
and assessments are started in FY 2011, work in FY 2012 will continue to focus on
questions raised about environmental safety. It is assumed that ORCR and the regions
will re-engage efforts that promote those beneficial use practices that are environmentally
safe.
ORCR is rapidly moving to a more holistic approach to protection of health and the
environment. Rather than focusing on singular impacts (e.g., climate change) and
materials, EPA is moving towards consideration of an array of multiple impacts
throughout the entire life cycles of systems involving the use of materials. This is
reflected in EPA's report, "Sustainable Materials Management: The Road Ahead.20"
20 Please see Sustainable Materials Management: The Road Ahead report at the following website:
http://www.epa.gov/osw/inforesources/pubs/vision2.pdf
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EPA has recently asked the National Academy of Sciences to craft recommendations for
how EPA can adopt a more-holistic "sustainable" approach and move beyond the
narrower substance-by-substance risk assessment and risk management approach used
since the early 1980s. Recycling of industrial materials reduces life cycle impacts. An
element of sustainable materials management, recycling puts waste to work, avoiding
impacts associated with the extraction, processing, and use of virgin materials while
fueling our economy with materials needed for manufacturing and construction.
Health and environmental risks are associated with any material use, whether virgin or
recycled, and EPA needs to ensure that beneficial use of industrial materials is occurring
in a manner that does not cause undue risks. The broader, life-cycle approach to
examining an array of multiple impacts requires further examination of potential risks.
Environmental safety must be at the forefront and is an essential element of sustainable
materials management.
Initial or Updated Approved Controls
In FY 2012, the permitting program has a goal to collectively achieve 100 additional
hazardous waste facilities under initial or updated approved controls (see ACS measure
code HWO). Since all but two states are authorized to issue permits, and because states
receive grant funds to implement the RCRA hazardous waste program, regions must
work with states to:
Update and implement multi-year strategies to meet the FY 2012 annual goal and
the FY 2015 strategic goal.
Update assessments of what is needed for each facility to achieve approved
controls and update when each facility is projected to achieve approved controls.
Under the Community Engagement Initiative Implementation Plan, ORCR is
sustaining a dialogue with EPA regions and state RCRA delegated programs to
identify and promote best community engagement practices. ORCR will assess
and identify best practices for effective community engagement regarding
facilities located in or near communities, including how the type and level of
community engagement is tailored to site-specific situations. This analysis
encompasses permitting. ORCR expects to complete this work by September
2011. It will then share the data and highlight effective community engagement
practices for delegated state RCRA programs. It will encourage EPA regions and
states to consider implementation of the best practices.
Under Plan EJ 2014, EPA is developing an implementation plan relating to
"Considering Environmental Justice and Permitting." ORCR will utilize the
recommendations in the implementation plan so that permitting authorities can
meaningfully address environmental justice in permitting decisions.
Regions should work with the states toward achieving the FY 2015 national strategic
target of preventing releases at 500 RCRA hazardous waste management facilities by
implementing initial approved controls or updated approved controls. This includes
removing facilities from interim status by issuing an initial RCRA permit, and updating
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controls at additional facilities, for a total of 500 facilities between FY 2011 and FY
2015.
In 2004, OMB assessed the EPA's Recycling, Waste Minimization, and Waste
Management program. As an outcome of this assessment, a permitting efficiency
measure was created based on: (1) number of facilities with new or updated controls and
(2) permit costs and base program appropriations. Calculations for the baseline year
2007 were 2,484 facilities with new or updated controls at a cost of $689.71 million (3.60
facilities per million dollars of program cost). The efficiency measure target for FY 2012
is 3.79 facilities per million dollars of program cost, a 1% increase over the FY 2011
target of 3.75 facilities.
Tribal Programs
EPA has significant responsibilities related to the safe management of solid and
hazardous waste in Indian country. Regions with federally-recognized tribes should
devote resources to assisting tribes, consistent with EPA's Strategic Plan. Regions will
be expected to achieve the following targets during FY 2012, which will be entered into
the ACS:
Assist tribal governments to ensure that an additional 5 tribes are covered by an
integrated waste management plan approved by an appropriate governing body
(ACS measure code TR1);
Assist tribal governments to ensure that an additional 45 open dumps in Indian
country and on other tribal lands are closed, cleaned up, or upgraded (ACS
measure code TR2).
The Indian Health Service (MS), in collaboration with EPA, customized the IHS
Operation and Maintenance Data System (OMDS) database, a subset of the web
Sanitation Tracking and Reporting System (w/STARS). The w/STARS database is the
official repository for EPA to hold all data on open dumps located on tribal lands.
Information relating to all open dumps reported in the ACS should be entered into
w/STARS. With the culmination of efforts to largely populate the database, regions
should continue in FY 2012 to conduct any necessary site assessments, enter data for
each open dump, and perform any necessary updates and data clean up.
Furthermore, EPA has provided information regarding the elements of an integrated
waste management plan which regions should use when evaluating what plans should be
reflected in the ACS for this performance measure.
Environmental Justice
EPA has made great progress in implementing environmental justice (EJ) into its
programs and policies and has been a government leader in this area, but the Agency also
realizes there is more to be done. EPA has been working to develop and implement Plan
EJ 2014. This four year plan will help EPA move forward to develop a stronger
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relationship with communities, increase the Agency's effort to improve the
environmental conditions and public health in overburdened communities, and is a
roadmap to help integrate EJ into its programs.
EPA will continue to integrate EJ in its rules and guidance as noted in a memo from the
OSWER AA (dated February 3, 2011) re-emphasizing the importance of considering all
stakeholder input early in the process and anticipating the environmental concerns of the
actions OSWER is developing. This memo gives direction and provides information that
will help OSWER staff further environmental justice in our rules and guidance.
ORCR embraces the Administrator's environmental justice priority and is committed to
promoting healthy and environmentally sound conditions for all people through its
RCRA waste management programs.
Supporting Community-based Action Programs
The public continues to have access to RCRA regulatory and non-regulatory
documents and data, particularly in high risk communities (e.g., multimedia data
integration projects, other studies, and communication/outreach activities);
Public input is solicited and considered (e.g., through periodic listening sessions,
outreach efforts, etc.), as appropriate, and during all phases of the RCRA
permitting, corrective action, and PCB decision-making processes;
There is continued emphasis on participation in collaborative problem solving
with other federal, state, tribal, and/or local agencies to address EJ concerns; in EJ
training efforts; and in national, state, tribal, or local dialogue around the issue of
EJ (e.g., National Environmental Justice Advisory Council [NEJAC], Community
Involvement Conference, Brownfields Conference, Regional Listening Sessions,
public meetings, etc.);
Through the Community Engagement Initiative, ORCR has provided program
descriptions which have been posted on the Community Engagement Initiative
Web site. Also, ORCR is working with EPA regions and states through the
Initiative to suggest improvements to its programs. OSWER will seek input from
outside stakeholders on the programmatic improvements. Under Action 4 of the
Initiative, ORCR will initiate a multi-stakeholder dialogue to solicit input on its
Definition of Solid Waste rulemaking and will present lessons learned from the
engagement efforts it has utilized in its rulemaking activities;
ORCR is participating in the Supporting Community-based Action Programs
work group and will implement its recommendations and promote its
implementation plan with the regions and states.
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Strengthen Internal EPA Mechanisms to Integrate Environmental Justice.
RCRA policies, programs, and activities continue to address the concerns of the
potentially affected populations, including those living in minority and/or low-
income areas and on tribal lands;
Workload priorities for progressing towards permitting and corrective action
GPRA goals include EJ areas of concern;
EJSEAT, EGAT, and other GIS tools are used when possible and practical as a
functional way to identify and prioritize "potential EJ areas of concern." ORCR
is participating in an EPA-wide EJ Screening workgroup that is analyzing the
various EJ tools developed across EPA. Under Plan EJ 2014, EPA committed to
develop a nationally consistent screening and targeting tool to enhance EJ
analysis and decision-making. ORCR will implement the work group's
recommendation and promote its use by the regions and states.
Electronic Manifest System
In FY 2012, if funding is provided, EPA will begin the development of an electronic
manifest system to replace the required paper hazardous waste manifest, the primary
tracking document in our "cradle to grave" hazardous waste regulatory system. EPA will
work with stakeholders, including states, regions, and industry, as we begin to develop
the system. Moreover, EPA will work with Congress to obtain authority to collect and
retain user fees so that development costs will be recouped and operation and
maintenance of the system will be paid for by user fees. When completed, an electronic
manifest system will have substantial benefits for the program, including increased access
to data for communities (as well as for states and EPAP).
Use of the Exchange Network for Reporting RCRA Subtitle C Data
In a July 2009 memorandum, EPA Administrator Jackson made enhanced use of the
National Environmental Information Exchange Network a part of her strategic vision for
the agency. She wrote in response to a unanimous request from the Environmental
Council of the States emerging from their spring 2009 meeting that she intends "the
agency to work with the states to set an aggressive timetable for completing the transition
to the Exchange Network (EN) for regulatory and national system reporting..." She
directed the NPMs to work to achieve the vision of the Network as "the preferred way
EPA, states, tribes, and others share and exchange data." She added "I look forward to
reviewing our progress toward achieving this goal...." In response to this direction from
the Administrator, OSWER places a high priority on increasing the use of the EN for the
transmission of RCRA Hazardous Waste data from states to EPA and from EPA to the
states.
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OSWER Actions:
In FY 2012, OSWER is taking the following actions to continue to improve the
utilization of the Exchange Network for the exchange of RCRA Subtitle C Data:
Develop outbound web services that will allow for partners to retrieve data from
RCRAInfo in a more automated fashion;
Conduct training and provide support to states that are making a transition to the
Exchange Network; and,
Continue to work with the states to establish reasonable targets for a complete
transition to the Exchange Network.
Regional Actions:
Using the resources developed in FY 2010, regions should work with states to:
Establish reasonable timelines for transitioning to the Exchange Network; and,
By FY 2012, have established strategies in place for accomplishing this transition.
RCRA Corrective Action
The 2020 Corrective Action Universe lists all 3,747 facilities that may need cleanup
under the RCRA Corrective Action program. This list, which can be found online at
http://www.epa.gov/epawaste/hazard/correctiveaction/facility/index.htmtf2020, will serve
as the "RCRA Cleanup Baseline" for 2012. EPA's FY 2011 - FY 2015 Strategic Plan
commits the program to reaching specific percentages for three key measures at these
sites by FY 2015:
Control all identified unacceptable human exposures from site contamination to
health-based levels for current land and/or groundwater use conditions (Human
Exposures El)
Control the migration of contaminated groundwater (Groundwater El)
Complete construction of final remedies (Remedy Construction)
EPA's aspirational goal is to achieve 95 percent completion for all three goals by the end
of FY 2020. To assist with achieving these goals, the National Enforcement Strategy for
Corrective Action (NESCA) was developed to provide a framework for strategically
using enforcement where needed.
Performance Goals for FY 2012 (with ACS measure codes):
Human Exposures El - 76 percent (150 facilities; ACS CA1)
Groundwater El - 67 percent (112 facilities; ACS CA2)
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Remedy Construction - 42 percent (150 facilities; ACS CAS)
Almost 2,000 facilities were added to the "RCRA Cleanup Baseline" in 2009, and
existing progress at these new facilities varies across regions and states. As a result,
expecting all regions and states to finish FY 2012 at the national percentage is unrealistic.
Regional targets that together add up to the national percentages will be set via the ACS
in the last two quarters of FY 2011.
Further Information
All regions should work with states to achieve the FY 2012 targets. Planning
accomplishments for the year, as well as frequent discussions of progress with state
partners, will be essential to meeting program goals. Beyond planned accomplishments
for FY 2012, regions should begin to lay the groundwork for future accomplishments. In
particular, discussions on how to move the region's most difficult sites toward final
remedies are needed.
OECA encourages the regions to use enforcement authorities and tools where appropriate
to address the aforementioned program goals. In addition, the Superfund and RCRA
Corrective Action enforcement program commitments for the financial assurance priority
are included in OECA's portion of the annual commitment system.
Each region should also work with their states to promote making RCRA Ready for
Anticipated Use (RAU) determinations to support OSWER's Cross-Program
Revitalization measure.21 RAU determinations can now be recorded in RCRAInfo
through the CA800 event code.
The annual target for increasing the efficiency of the RCRA Corrective Action program
is a three percent increase in the number of remedy components constructed per federal,
state and private sector costs. Given cost projections, each region should work with its
states to increase the number of final remedy components constructed during FY 2012 by
roughly three percent over FY 2011 levels to help the program meet its efficiency target.
The number of final remedy components constructed is measured by the total number of
area-specific and facility-wide construction (CAS50) events recorded in RCRAInfo each
fiscal year.
PCBs
In an effort to improve program and administrative efficiencies, the management of the
poly-chlorinated biphenyl (PCB) cleanup and disposal program was transferred from
EPA's Office of Chemical Safety and Pollution Prevention (OCSPP) to the Office of
Solid Waste and Emergency Response (OSWER) in FY 2008. OCSPP is continuing to
oversee PCB issues relating to use and manufacturing, and OSWER is managing the PCB
cleanup and disposal program under the requirements of the Toxic Substances Control
21 Please see "Guidance for Documenting and Reporting RCRA Subtitle C Corrective Action Land
Revitalization Indicators and Measures" at www.epa.gov/correctiveaction.
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Act (TSCA) and its regulations. As a result, OSWER is now issuing disposal approvals
that are designated by regulation to be issued by EPA headquarters (e.g., for mobile PCB
treatment units operating in more than one region). During FY 2012, regions are
expected to continue to issue approvals for PCB cleanup and disposal as required under
40 CFR Part 761. ORCR is assessing the current ACS measures PCI and PC2 and will
be working with the regions to update for FY 2012.
In FY 2012, efforts in this program area will support the EPA's Healthy Communities
Initiative. We will work with our partners to promote safe handling and management of
PCB-containing caulk in schools while building necessary regional technical support and
outreach to effectively implement site-specific cleanup and disposal plans.
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UNDERGROUND STORAGE TANKS PROGRAM
Administrator priorities supported by this national program include:
Cleaning Up Our Communities
Protecting America's Waters
Building Strong State and Tribal Partnerships
Expanding the Conversation on Environmentalism and Working for
Environmental Justice
Program Overview
The purpose of the Underground Storage Tank (UST) program is to protect communities
living and working near UST sites as well as land and groundwater resources from
contamination caused by releases of regulated substances (typically petroleum-based
motor fuels and their additives) from leaking USTs.22 The program is designed to
implement a dual approach for achievement of this goal: the first is to prevent and detect
releases from UST systems, and the second is to clean up contamination from releases
that occur from leaking USTs (sometimes referred to as "LUSTs"). Both of these
program elements are part regulatory and part formula grant, and they work in concert
with one another as an integrated whole. The Office of Underground Storage Tanks
(OUST) was created in 1985 as the result of the Hazardous and Solid Waste Act
Amendments (HSWA) to the Resource Conservation and Recovery Act (RCRA) of 1976.
The HSWA added Subtitle I, which directs EPA to develop a comprehensive program for
the regulation of UST systems "as may be necessary to protect human health and the
environment."
r-M-, r-M-, 9^
The Underground Storage Tanks program provides states and tribes with financial and
technical assistance and assists with capacity building through training and state program
approval. Only for the relatively few USTs in Indian country does EPA directly
implement the program. Supported by grants and cooperative agreements, state agencies
implement the program for the vast majority of USTs. Except for a small core of
headquarters personnel, federal UST program personnel are geographically dispersed to
EPA's 10 regional offices and it is regional personnel who both directly implement and
enforce the program at the local level (on tribal lands) and also provide technical,
logistical, and administrative support to the state programs in their region.
22 Thirty-nine states identify leaking underground storage tanks as one of the top 10 sources of groundwater
contamination. (EPA Office of Water 305(b) report, Figure 6-5,
http://www.epa.sov/owow/305b/2000reporf)
23 The term "states" as used in this guidance refers collectively to UST programs implemented by the
individual states, territories, and the District of Columbia, see the definition of "State" in the Solid Waste
Disposal Act (SWDA) of 1976 (42 U.S.CA. 6903 at http://uscode.house.sov/search/criteria.shtml).
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Regulatory Framework
Regulations promulgated by EPA in 1988 establish the regulatory framework for
achieving the program's goal. Regulations at 40 CFR Part 280, "Technical Standards and
Corrective Action Requirements for Owners and Operators of Underground Storage
Tanks", include both technical standards and financial requirements for owners and
operators of UST systems and are broken down into eight subparts:
1. Program Scope and Interim Prohibition (Subpart A);
2. UST Systems: Design, Construction, Installation, and Notification (Subpart B);
3. General Operating Requirements (Subpart C);
4. Release Detection (Subpart D);
5. Release Reporting, Investigation, and Confirmation (Subpart E);
6. Release Response and Corrective Action for UST Systems Containing Petroleum
or Hazardous Substances (Subpart F);
7. Out-of-Service UST Systems and Closure (Subpart G); and
8. Financial Responsibility (Subpart H).
State programs that have regulations that are no less stringent than federal regulations can
be approved to operate in lieu of the federal program. The procedures for approving such
state programs are found at 40 CFR Part 281: "Approval of State Underground Storage
Tank Programs". These regulations are broken down into six subparts:
1. Purpose, General Requirements and Scope (Subpart A);
2. Components of a Program Application (Subpart B);
3. Criteria for No Less Stringent (Subpart C);
4. Adequate Enforcement of Compliance (Subpart D);
5. Approval Procedures (Subpart E);
6. Withdrawal of Approval of State Programs (Subpart F).
Thirty-six states, Puerto Rico, and the District of Columbia have received approval for
their UST programs. The remaining 14 states and 4 territories implement UST programs
under their own authorities in cooperation with EPA.
Program Funding
EPA provides funds to help states and tribes develop and implement their Underground
Storage Tank programs through grants or cooperative agreements under the authorities
and appropriations described below. Specific activities eligible for funding under EPA
approved scopes of work are determined through discussions between the states and
tribes and the EPA regional offices based on national guidance issued by OUST.
In FY 1999, through PL 105-276, Congress gave EPA authority to provide assistance
agreements to federally-recognized tribes to develop and implement programs to manage
USTs and to carry out leaking UST corrective action programs. In general, such
assistance agreements can be used for the same purposes for tribes as they are used for
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states, however, EPA does not have authority under RCRA to approve tribal programs to
operate in lieu of the federal program. Examples of eligible projects that can be
conducted under these grants include the development and administration of an UST or
leaking UST program including leak prevention, conducting an unregistered tank survey,
providing leak detection and installer training, and cleaning up releases.
In 2004, through PL 107-73, Congress gave EPA authority to award cooperative
agreements to federally-recognized tribes and eligible tribal consortia to assist EPA in
implementing federal environmental programs in the absence of an approved tribal
program. Congress has, to date always renewed this authority in EPA's annual
appropriation acts. These agreements are called Direct Implementation Tribal
Cooperative Agreements (DITCA's) and they provide tribes with the flexibility and
opportunity to hire and train environmental staff to effectively manage UST programs,
promote compliance, and address specific tribal needs and priorities within EPA's
authority for direct implementation. Tribal staff, who have received EPA credentials, can
also assist EPA by conducting UST inspections.
UST State and Tribal Assistance Grants (STAG): Any STAG funding appropriated in
FY 2012 for the UST leak prevention programs will be given as grants or cooperative
agreements under the authorities of the Solid Waste Disposal Act (SWDA) of 1976, as
amended by the Superfund Reauthorization Amendments of 1986 (Subtitle I), Section
2007(f), 42 U.S.C. 6916(f)(2), and Section 9011 and other applicable authorities; and
such additional authority as may be provided for in EPA's annual appropriations acts.
STAG funding is provided in grants and cooperative agreements to assist states and
territories in the development and implementation of UST programs and for leak
prevention, compliance and other activities authorized by the EPAct and EPA's annual
appropriations acts. The STAG funding is provided to the states based on programmatic
need. The UST State Grant program is implemented by regulations at 40 CFR 35.330.
There is a 25-percent matching requirement for states under 40 CFR 35.335. State
matches may include in-kind contributions.
LUST Trust Fund Cooperative Agreements for UST Release Prevention Activities:
Any LUST funding appropriated in FY 2012 for the prevention program will be given as
assistance agreements to states and tribes under the authorities of Section 9011 and
Section 9013 and other applicable provisions of Subtitle I of the Solid Waste Disposal
Act (SWDA) of 1976. EPA also provides funding to non-governmental organizations to
provide training and assistance to tribes under section 8001 as amended by the Hazardous
and Solid Waste Amendments of 1984 (P.L. 98-616). The assistance agreements will be
for prevention and compliance assurance activities, such as inspections, as well as for
enforcement activities related to release prevention. Priority will be given to providing
funds to enable the states to meet their responsibilities under Title XV, Subtitle B of the
EPAct. States that have entered into assistance agreements with EPA have the authority
to inspect and take other compliance and related enforcement actions to prevent releases
from USTs. EPA provides financial assistance to tribes to develop and implement
programs to manage USTs. This financial assistance program is not eligible for inclusion
in Performance Partnership Grants under 40 CFR 35.133. Assistance agreements are only
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available to states that have UST programs. Additionally, these assistance agreements are
only available to federally-recognized tribes and Intertribal Consortia that meet the
requirements, as described in the Federal Register Notice, Vol. 67, No. 213, pp. 67181-
67183, "Update to EPA Policy on Certain Grants to Intertribal Consortia."
LUST prevention funding is awarded under an allocation process developed by the
agency. The agency distributes funds based on the number of federally-regulated USTs
in a state and other indices of state needs. As a matter of policy, OUST has determined
that states will provide a twenty-five (25) percent match for cooperative agreements
awarded under Section 9011 and other applicable provisions of Subtitle I. There is no
matching requirement for LUST prevention assistance agreements for tribes or Intertribal
Consortia awarded pursuant to annual appropriation acts.
LUST Trust Fund Cooperative Agreements for Corrective Action Activities: Any
LUST funding appropriated in FY 2012 for the LUST cleanup program will be given as
cooperative agreements under the authorities of Section 9003 (h)(7) of the Solid Waste
Disposal Act of 1976 (SWDA), as amended, and Public Law 105-276. Under Public Law
105-276, Congress authorized EPA to use LUST Trust Fund appropriations to award
cooperative agreements to tribes for the same purposes as those set forth in Section
9003(h)(7). Policies and procedures applicable to EPA-State LUST Trust Fund
cooperative agreements are presented in detail in OSWER Directive 9650.10A, issued
May 24, 1994, including site prioritization, allowable costs, and site eligibility. LUST
corrective action funding awarded to the states under Section 9003(h)(7) of the Solid
Waste Disposal Act is subject to an allocation process developed by the agency. By
guidance, the agency has established a process for allocating funds to states under Section
9003(h)(7) based on the cumulative numbers of confirmed UST releases, cleanups
initiated, cleanups completed, the percentage of the population using groundwater for
drinking water, and the number of states with approved UST programs. This program
allocates funding to tribes and Intertribal Consortia non-competitively based on their
programmatic needs and national guidance. By statute, states must provide a 10-percent
cost share for cooperative agreements awarded under Section 9003(h)(7). There is no
matching requirement for corrective action cooperative agreements for tribes or
Intertribal Consortia awarded pursuant to Public Law 105-276.
The LUST cleanup program received significant supplemental funding from the
American Recovery and Reinvestment Act (ARRA) of 2009. Additional details can be
found at http://www.epa.gov/recovery/ and http://www. recovery.gov/. The majority of the
LUST ARRA grants will be completed prior to FY2012, but a small number of grants
continue into FY2012.
Headquarters and Regional Underground Storage Tanks Program: Funds from
OUST's Environmental Program and Management (EPM) and the LUST Trust Fund
national program accounts support activities, subject to funding availability, that
promote the prevention, identification, corrective action, enforcement and management of
releases from underground storage tank systems.
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EPA's Regulatory Responsibilities for Monitoring Performance Under Assistance
Agreements: As a provider of federal funds to state UST programs, EPA has a
responsibility under 40 CFR Part 31 (Uniform Administrative Requirements for Grants
and Cooperative Agreements to State and Local Governments) and Part 35 (State and
Local Assistance) to monitor state performance and require performance reporting under
the funding sources listed above for each of the elements of 40 CFR 280 and 281 to
ensure accurate and complete information on program performance and financial
management.
Regions are also responsible for negotiating the terms and amounts of the assistance
agreements listed below and also for monitoring performance and requiring performance
reporting under these agreements:
1) STAG Appropriation to States and Territories: Solid Waste Disposal Act (SWDA) of
1976, as amended; Superfund Reauthorization Amendments of 1986, Subtitle I, Section
2007(f) and Section 9011 and other applicable provisions of Subtitle I.
2) LUST Appropriation to States, Territories and for Tribes:
a) Corrective Action: Solid Waste Disposal Act of 1976 (SWDA), as amended,
Section 9003(h), Public Law 105-276, American Recovery and Reinvestment Act of
2009.
b) Prevention: Section 9011 and other applicable provisions of Subtitle I of the
SWDA as amended for States and Territories Energy Policy Act of 2005 specified in
Section 9508(c) of the Internal Revenue Code; EPAct, Title XV, Ethanol And Motor
Fuels, Subtitle B, Sections 1521 - 1533, Public Law 109-58, 42 U.S.C. 15801; and
Section 8001 (a) and (b) as amended by the Hazardous and Solid Waste Amendments of
1984 (P.L. 98-616); Public Law 105-276.
3) EPM and LUST Appropriations: Solid Waste Disposal Act of 1976, Section 8001 (a)
and (b) as amended by the Hazardous and Solid Waste Amendments of 1984 (P.L. 98-
616); P.L. 105-276
Performance Indicators and Goals
To monitor performance of the program in meeting its twin objectives (prevention and
detection of releases, and cleaning up contamination from releases that do occur) OUST
has established two primary performance objectives.
Prevention and Detection of Releases
The first objective, prevention and detection of releases, has two measures: (1) significant
operational compliance (SOC) and (2) number of confirmed releases.
(1) SOC. This indicator measures the number of tanks that comply with both the
release prevention and release detection requirements, and that the tanks are operating
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and the systems are properly maintained. The implementation of EPA's traditional
tools, supplemented by the new tools provided to the program through the EPAct, will
over time work with state authorities to show a marked increase in the SOC rates
across the country. See the description of EPA's UST Prevention Priorities and
Initiatives later in this chapter.
(2) Number of confirmed releases. A primary goal of the UST program is to reduce
the number of releases that occur annually. It is critical that every release that occurs
be discovered, reported as expeditiously as possible, and appropriately addressed
because costs for cleanup are sharply reduced the earlier a release is discovered.
Inspections can create incentives for owners and operators to properly operate and
maintain their systems because well-maintained systems experience fewer leaks. With
groundwater being the primary source of drinking water to nearly half of the country's
population, leaks from USTs are a significant threat to human health and the
environment. By decreasing the number of releases, and continuing our focus on the
cleanup of existing contamination, the underground storage tank program will make
an important contribution to the nation's health.
Release Prevention and Detection Performance Goals for FY 2012:
Increase the percentage of UST facilities that are in significant operational
compliance (SOC) with both release detection and release prevention
requirements by 0.5% over the previous year's target. (Target: 66.5%; ACS
measure code ST6).
Reduce the number of confirmed releases at UST facilities to five percent (5%)
fewer than the prior year's target. (Target <8,120; ACS measure code ST1).
Cleaning Up Contamination
The second objective, cleaning up contamination from releases that do occur, has a single
performance goal, which is increasing the number of cleanups that meet risk-based
standards for human exposure and groundwater migration.
Over the history of the program, there have been approximately 495,000 confirmed
releases. The EPA, states, and tribes have worked together to clean up over 402,000 of
these, leaving a backlog of approximately 93,000 remaining to be completed.24 Because
there are thousands of new releases added to this backlog every year, reducing the
backlog remains a challenge for the program. See the description of EPA's LUST
Cleanup Priorities and Initiatives later in this chapter.
24 For the most current corrective action measures, see http://www.epa.sov/swerustl/cat/camarchv.htm
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LUST Cleanup Performance Goal for FY 2012:
Number of LUST cleanups completed that meet risk-based standards for human
exposure and groundwater migration. (Target: 12,400; this includes 42 cleanups
in Indian country. ACS measure code 112 ).
Underground Storage Tank Programs in Indian Country
EPA is responsible for directly implementing the UST program in Indian country and
consults with tribal governments in accordance with the Tribal Consultation Policy. The
agency assists tribes in developing their capacity to administer UST programs and works
to ensure that UST facilities in Indian country operate in compliance with regulations in
order to prevent future leaks and to clean up existing leaks, federal funding is provided to
support prevention and remediation activities such as training for tribal environmental
staff, education for owners and operators in Indian country about UST requirements, site
assessments, cleaning up releases, and Indian country UST data collection and
improvement efforts.
EPA's forward-looking strategy for the implementation of the UST program in Indian
country was developed with the close collaboration of tribes and lays out priorities and
objectives for the agency to improve the UST tribal program. In particular, the strategy
identifies steps that EPA and tribes are taking to further the cleanup and compliance of
USTs. EPA continues to work with tribes toward meeting the objectives of the strategy
which include strengthening relationships, communication, and collaboration; improving
information sharing; implementing the provisions of the EPAct; and implementing UST
prevention and LUST cleanup activities.
EPA continues to work with its tribal partners to meet or exceed established goals to
improve UST compliance and release cleanup in Indian country along with meeting the
objectives laid out in the tribal strategy. EPA is also working with the tribes to meet the
EPAct requirement of conducting on-site inspections of all tanks in Indian country once
every three years.
LUST Cleanup Performance Goal for FY 2012 in Indian country:
Number of LUST cleanups completed that meet risk-based standards for human
exposure and groundwater migration in Indian country (Target: 42; ACS measure
code 113).
Program Priorities and Initiatives
One EPA
OUST fully supports the Administrator's desire to create a culture of One EPA where all
EPA offices coordinate with each other across traditional program boundaries to achieve
our mutual priorities. For example, we are working with OSWER's Office of
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Brownfields and Land Revitalization and the Office of Policy's Office of Sustainable
Communities program to implement the strategy we developed jointly to address
petroleum brownfields, and to leverage expertise and resources across programs. This
work supports the Administrator's priority of Cleanup up our Communities and the
agency's cross-cutting fundamental strategy of Working for Environmental Justice and
Children's Health. OUST is also coordinating with the Office of Air and Radiation on
their efforts to approve new alternative fuels to achieve improved air quality and address
the Administrator's priority of Taking Action on Climate Change, while at the same time,
ensuring that these new fuels can be safely stored in the nation's infrastructure of
underground storage tanks.
In FY 2012 EPA regions and states should look for opportunities for partnerships
between the UST and Brownfields programs that can both address petroleum brownfields
sites and reduce the LUST backlog. Regions and states should also take steps to
implement compatibility regulations and guidance regarding alternative fuels.
Community Engagement
OUST will work to enhance community engagement in UST program decision making.
By partnering with our state and tribal partners, we can improve access to information
and more effectively communicate site risks. Enhancing community engagement will
ensure local communities have a voice in programmatic actions, including redevelopment
options. Our work will support OSWER's Community Engagement Initiative.
In FY 2012, OUST will continue to assist states and regions (with stakeholder input) in
enhancing state and tribal public involvement policies and processes. Specifically,
OUST, in coordination with the regions, states and Tribes, will conduct the following
activities: 1) explore approaches to make publically available compliance and cleanup
data for tank sites in Indian country; 2) develop guidelines for tailoring community
engagement to site circumstances; and 3) develop a web-based community engagement
toolbox.
Environmental Justice
In support of the Administrator's priority to "Expand the Conversation on
Environmentalism and Work for Environmental Justice," the agency has developed a
Plan EJ2014 to help EPA integrate environmental justice into its programs.
OUST supports this plan and will work to ensure that environmental justice communities
are not disproportionately impacted by releases from underground storage tanks.
Towards that end, OUST is committed to several efforts such as:
Following the guidance as outlined in the AA/OSWER's February 3, 2011,
memorandum, entitled Integrating EnvironmentalJustice in Rules and Guidance,
for the revisions to the UST regulations.
Working to integrate reuse opportunities with overall community planning,
providing tools to communities to locate potential candidates for reuse, inspiring
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vision for reuse possibilities and providing practical knowledge to implement
reuse plans.
Supporting prevention activities through a grant with the Inter-Tribal Council of
Arizona (ITCA) that provides targeted compliance assistance training to tribal
governments and tank owners/operators.
Analyzing and exploring strategies to assess environmental justice impacts
associated with the underground storage tanks program.
American Recovery and Reinvestment Act of 2009 (ARRA)
The LUST cleanup program received significant supplemental funding through the FY
2009 American Recovery and Reinvestment Act (ARRA). Additional details can be
found at http://www.epa.gov/recovery and http://www.recovery.gov/. These funds
enabled states to work toward assessing and cleaning up underground storage tank
releases at over 3,100 sites in our country and provided an economic stimulus in all the
states that received LUST Recovery Act funding. The majority of the LUST ARRA
grants will be completed prior to FY2012, but a small number of grants continue into
FY2012. OUST will continue to post on its website the program's ARRA performance
accomplishments on a quarterly basis.
Preventing Underground Storage Tank Releases
EPA recognizes that compliance with UST regulations offers the best prospect for
preventing releases and detecting releases as early as possible. In partnership with its
state and tribal partners, EPA is committed to fully implementing the Energy Policy Act
UST provisions, including more frequent inspection, requiring secondary containment for
new installations, properly training operators, and prohibiting delivery to severely
noncompliant UST. The UST program is currently updating the federal regulations to
incorporate Energy Policy Act provisions and update additional provisions of the
regulations based on suggestions from extensive stakeholder outreach. The Tanks
program, in close coordination with EPA's Air program, is working to ensure that higher
blends of ethanol such as El5 are stored in compatible UST systems in order to avoid any
unintended consequences such as a potential increase in the number of leaks from
systems that are not compatible. Regions and states should also take steps to implement
compatibility regulations and guidance regarding alternative fuels. Other program
priorities include successfully adapting to new fuels such as mid-level ethanol blends,
amending existing regulations to make targeted improvements to existing requirements,
and providing continued technical guidance and assistance to co-regulators and the
regulated community.
Cleaning Up Underground Storage Tank Releases
EPA has efforts underway to continue to reach out to new partners and find new
information and new tools to enhance the ability to address these cleanups. For example,
in FY 2011, EPA completed a detailed study of the open sites with contamination
remaining in the backlog. As an outgrowth of that study, in FY 2012 EPA will work with
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states to design targeted strategies that will increase the pace of addressing those sites.
Such plans involve cross-regional and state coordination to identify a practical suite of
strategies to accelerate corrective action, improve program management and target sites
of interest.
EPA is also working to monitor the financial mechanisms being used by states and
private parties to finance cleanups, in order to assure there is, and will continue to be,
sufficient funding available. EPA also is working to build on the success of the traditional
Brownfields program by looking for opportunities to promote the cleanup and
redevelopment of abandoned gas stations (more generally known as "Petroleum
Brownfields"). Another important resource EPA provides to states and tribes is
continuing research into the specific contaminants at LUST cleanup sites, the risk
associated with them, and appropriate cleanup tools to address them. Finally, EPA
provides technical assistance and guidance towards addressing challenging technical
issues (e.g., biofuels, petroleum vapor intrusion).
Performance Monitoring and Reporting
Regional Coordination
Regional planning meetings, regional Division Directors' meetings, and regularly
scheduled monthly conference calls between OUST and the regional UST/leaking UST
program managers provide opportunities for OUST and regional management to assess
the strengths and weaknesses of federal and state programs and decide where EPA's
support is most needed and would be most productive. OUST holds additional Regional
Program Manager meetings, as needed.
Regional offices are expected to verify the accuracy and completeness of data provided
by states in the web-based Oracle database, known as LUST4. In order to avoid last
minute reviews, verification must be an ongoing process each time states submit data in
the LUST4 database. Regional offices must follow the verification guidance provided by
OUST and also included in the LUST4 training video located in the EPA Portal database.
In general, such processes should involve sufficient interaction with states that the
regional offices can be confident that the data submitted at the end of each reporting
period are complete, up-to-date and accurate. Each regional office should conduct
reviews of state data. Each region must certify with an electronic signature in the LUST4
database that the reviews have occurred and are accurate. In addition, regional offices are
held accountable for working with states to improve their data systems where
appropriate.
State Reporting Requirements and Schedule
States must submit performance data25 on a semi-annual basis. States must report mid-
year performance data on or before April 6, 2012. Regional offices must report the
25 Semiannual performance measure definitions can be found at
http://www.epa.gov/oust/cat/PMDefinitions.pdf.
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region-specific mid-year performance data on or before April 13, 2012. All mid-year
performance data must be reported and verified via the online LUST4 Semiannual
Measures subsystem.
States must report the estimated number of end-of-year cleanups completed on or before
September 7, 2012. Regional offices must report the estimated number of end-of-year
cleanups completed in Indian country by September 14, 2012.
States must report end-of-year performance data on or before October 5, 2012. Regional
offices must report the region-specific end-of-year performance data on or before
October 12, 2012. All end-of-year performance data must be reported and verified via the
online LUST4 Semiannual Measures subsystem.
For states and regions (for tribes) with active ARRA grants, each must report the eight
program performance measures26 reflecting cumulative totals within 10 days after the end
of each calendar quarter. ARRA performance measures and locational information must
be reported and verified via the online LUST4 ARRA Measures and Location
subsystems.
Deliverable Dates for State and Regional Programs
Date
April 6
April 13
September 7
September 14
October 5
States
Report mid-year data in
LUST4 semiannual
performance measures
online application.
Report estimates of
cleanups completed for
end-of-year.
Report end-of-year data in
LUST4 semiannual
performance measures
Regions
Report final mid-year
region-specific data in the
LUST 4 semiannual
performance measures
online application. Verify
data by completing and
signing checklist in the
LUST4 semiannual
performance measures
online application.
Report estimates of
cleanups completed by
tribes and states to OUST.
' ARRA performance measures can be found at http://www.epa.gov/oust/eparecovery/perfmeas.htm.
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online application.
October 12
Report end-of-year region-
specific data in LUST4
semiannual performance
measures online application.
Verify data by completing
and signing checklist in the
LUST4 semiannual
performance measures
online application.
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Tribal Program Development
OSWER is committed to protecting human health and the environment in Indian country
while supporting tribal self government, acting consistently with the federal trust
responsibility, and strengthening the government-to-government relationships between
tribes and the EPA. Support provided to tribal governments includes capacity building,
technical and financial assistance, research and outreach. OSWER will continue
implementing the OSWER Tribal Strategy, an EPA and Tribal Partnership to Preserve
and Restore Land in Indian Country, which describes in detail OSWER program
strategies, priority activities, and associated measures for tribes from 2009-2014. By
implementing this strategy, EPA will strengthen partnerships with tribes, improve tribal
participation in all OSWER-related programs, enable tribes to achieve better
environmental outcomes, and enhance environmental protection in Indian country.
While implementing these priorities, OSWER will use cross-program approaches to
integrate and leverage activities (e.g., remediation of petroleum releases), and anticipate
future needs as tribes develop more mature programs. In 2012, OSWER intends to focus
on the following key areas to help improve tribal program development and
performance:
Tribal implementation of federal environmental programs under a proposed EPA
multi-media grant authority. This grant program is directed toward federally-
recognized tribes to address tribal environmental priorities.
Actions that enable tribes to implement sustainable waste management programs,
where tribes have built capacity and demonstrate program readiness.
Supporting tribal community engagement efforts across OSWER.
Work with tribes, as part of the Integrated Cleanup Initiative, to identify and
implement improvements to the agency's land cleanup programs.
Work with EPA's Tribal Consultation Advisors to finalize the EPA Policy on
Consultation and Coordination with Indian Tribes, develop the corresponding
implementation guide and ensure that OSWER consults with tribes on applicable
rules and guidances. Ensure OSWER meets its obligations to involve the public
and be responsive to the environmental justice concerns of non-federally
recognized tribes, individual tribal members, tribal community-based/grassroots
organizations and other indigenous stakeholders.
Tribal support through the OSWER cooperative agreement with the Institute for
Tribal Environmental Professionals.
New technologies and opportunities for tribal outreach.
Technical assistance on mining impacts on tribal lands.
Tribal and EPA roles under the Resource Conservation and Recovery Act.
Enhancing opportunities for tribes in green initiatives (e.g., RE-Powering
America, Community Action for a Renewed Environment (CARE), and the
Sustainable Materials Management (SMM) program).
Climate change impacts on Native American communitiesadaptations and
opportunities to reduce the carbon footprint in Indian country (e.g., land
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management, waste management and energy and resource conservation
initiatives in Indian country).
Understanding and reducing risk in Indian country.
Level the playing field for regulatory requirements and program performance for
OSWER programs in Indian country.
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Environmental Justice
Environmental justice (EJ) is a priority through all of OSWER's waste programs,
promoting healthy and environmentally sound conditions for all people. By integrating
EJ into all its programs, OSWER seeks to mobilize its resources to address the needs of
disproportionately burdened communities. OSWER supports the Administrator's priority of
Expanding the Conversation on Environmentalism and Working for Environmental Justice by
continuing to move forward under the Community Engagement Initiative (CEI) making these
goals an integral part of OSWER's work. OSWER is implementing its CEI to ensure transparent
and accessible decision-making processes, deliver information that communities can use to
meaningfully participate and enhance EPA's culture and management processes to produce
outcomes that are responsive to community perspectives.
We also contribute to the agency's effort to incorporate considerations of EJ into its rulemaking
functions by conducting an expanded Environmental Justice Analysis of the Definition of Solid
Waste rule and utilizing the results of the analysis in decision- making for the rule. Our Definition
of Solid Waste (DSW) environmental justice (EJ) analysis supports this priority by engaging
communities in a discussion on how to achieve reuse and recycling of hazardous wastes without
EJ impacts and how best to analyze potential disproportionate impacts to minority or low-income
communities from hazardous secondary material recycling.
Several initiatives under OSWER's Brownfields program, including the Area-Wide Planning
(AWP) Initiative and the Integrated Cleanup Initiative (ICI) assists communities at brownfields
sites. AWP provides planning assistance for brownfields-affected areas, such as a neighborhood
or corridor affected by a single large brownfield or multiple brownfields, and provides grant
funding and technical assistance. ICI will leverage the use of Superfund Removal program
resources, when appropriate and in accordance with the applicable statutory criteria, to
assist communities with some or all of the cleanup activities at brownfields properties
where cleanup monies are not otherwise available.
Working as One EPA, OSWER will also be a direct partner with the Office of Water in
implementing the Urban Waters Initiative, and in particular in engaging other federal agencies in
this effort. This initiative is a great opportunity to address the challenges of urban areas in a way
that turn neglected waterways into urban centerpieces and drivers of community revival.
To facilitate the continued integration of EJ into its programs, OSWER will:
Implement Plan EJ 2014 to address the needs of overburdened, minority, low-
income, and indigenous populations by empowering local communities to take
action to improve their health and environment.
Provide opportunities to engage communities in our work;
Develop improved methods of information delivery and technical assistance to
communities underrepresented in EPA cleanup decisions at contaminated sites;
Overcome barriers to incorporating EJ in decision making; and
Consider approaches for incorporating EJ in setting priorities, allocating
resources, targeting activities, and measuring progress.
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Community Action for a Renewed Environment
Through the CARE program, EPA provides funding tools and technical support that
enable underserved communities to create collaborative partnerships to take effective
actions to address local environmental problems. The National Academy of Public
Administration (NAPA) issued a positive evaluation of the CARE program in May 2009
observing ".. .the CARE program complements EPA regulatory strategies with place-
based strategiesstrategies that consider the local context in which environmental
decisions are made and effects are felt. The Panel believes that the CARE approach
represents a "next step" in environmental improvement and protection."
Since 2005, CARE grants have reached 81 communities in 39 states and territories with
over 1,700 partners engaged for a total of $14 million in grants. Through 2009,
combined, CARE communities have: leveraged an additional $12M in funding with local
partners providing an additional $2 million in in-kind services; visited over 4,000 homes
providing information and/or environmental testing; worked to reduce risks in almost 300
schools and provided environmental information to over 2,800 businesses and 50,000
individuals
CARE delivers funding through cooperative agreements. In the smaller Level I
agreements, the community, working with EPA, creates a collaborative problem-solving
group of community stakeholders. That group assesses the community's toxic exposure,
environmental problems and priorities, and begins to identify potential solutions. In the
larger Level II agreements, the community, working with EPA, selects and funds projects
that reduce risk and improve the environment in the community.
Strategic Plan, Cross-Cutting Fundamental Strategies and Administrator's Priorities
Strategic Plan OSWER CARE program priorities support EPA 's FY 2011-2015
Strategic Plan, Goal 3: Cleaning up Our Communities and Advancing Sustainable
Development.
This priority falls under Goal 3, Objective 1: Promote Sustainable and Livable
Communities.
Cross-Cutting Fundamental Strategies and Administrator's Priorities These grants
directly address the Administrator's priorities in the following ways: 25 percent address
climate change; 50 percent address air pollution; 50 percent address safety of chemicals;
30 percent address cleanup of communities; and 30 percent address water issues. At least
90 percent are in EJ areas of concern. In addition, most projects impact children's health;
almost 50 percent address a specific children's health issues, e.g., lead, mold, hazardous
household chemical. 10 communities are in Indian Country.
Cross-Agency Collaboration
In FY 2012, OW is the NPM leading coordination of the CARE program, with OAR as
co-lead. OSWER, OCSPP, OEJ and OCHP principals and staff continue to actively
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participate in this cross-agency program. CARE depends on strong collaboration
between NPMs and between headquarters and regional offices. The CARE Executive
Team (DAAs from NPMs and key DRAs) guides the program; 11 cross-agency
headquarters/regional teams manage the program; and the regions coordinate across their
offices to meet the needs of specific communities. This collaboration is essential is
ensuring that communities have access to all of EPA voluntary programs and other
resources and tools from across the agency. CARE also coordinates with CDC /ATSDR,
HUD, and others Agencies to better communities' needs.
The following are proposed principal activities to be undertaken by EPA regional offices:
Provide multi-media regional support needed to ensure the success of the
regions' CARE cooperative agreements.
Identify experienced project officers/leaders for each of the CARE projects and
provide training and support to them, as needed.
Strengthen cross program regional teams organized to support CARE project
leaders and CARE community needs with dedicated technical and programmatic
support.
During CARE Level I projects, project officers help provide the technical
support needed for communities to identify and rank their risks and build long-
term, viable partnerships.
During CARE Level II projects, project officers help communities' access EPA
programs and expertise to create and implement local solutions and measure and
track their results.
Encourage staff participation in training new project leaders and at sessions
during the national CARE workshop.
Ensure required reporting of progress and results through the Quarterly and End
of Year Reports and assist in other efforts to aggregate program results on a
national level.
Support work to capture best practices and lessons learned to help other
communities replicate these approaches.
Support CARE national teams that have been organized to manage the CARE
program and provide support to regional office teams and projects.
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OSWER NATIONAL PROGRAM MANAGER GUIDANCE
GRANTS MANAGEMENT GUIDELINES
FOR FY 2012
EPA believes that consistent and quantifiable reporting of state results is critical toward
achieving national goals and results. In concert with this belief, OMB's FY 2007 Budget
passback instructed EPA to "develop a standardized template for states to use in reporting
results achieved under grant agreements with EPA". In early FY 2008, a workgroup was
created to identify lessons learned in EPA's State Grant Template Measures (SGTM)
approach and provided recommendations for FY 2009 and beyond. The workgroup
found that the SGTM approach by itself is inadequate to fulfill the objectives of
accurately characterizing, delineating, and communicating results under state grants
relative to EPA's mission. As a result, EPA and the Environmental Council of the States
(ECOS) have developed alternative approaches to discuss with OMB on how best to
achieve accountability for state grant performance during FY 2012.
In FY 2012, EPA remains committed to strengthening our oversight and reporting of
results from state grants, not only linking state grant work plan commitments to EPA's
strategic plan, but also enhancing transparency and accountability. EPA and the states
will continue working in FY 2012 to achieve this through two related efforts:
State Grant Workplans: The agency's long-term goal is for EPA and the states to
achieve greater consistency in workplan formats. To achieve that goal, The Office of
Grants and Debarment (OGD) recently issued Grants Policy Issuance (GPI) 11-03, "State
Grant Workplans and Progress Reports". The GPI was developed by the State Grant
Workplan workgroup, composed of EPA and state grant practitioners, and replaces the
state grant performance measures template. To allow regions and states sufficient time to
adjust to the new requirements, the effective date of the GPI is October 1, 2012. Based
on that effective date, the agency's goal is to have all covered grants awarded on or after
October 1, 2012 comply with the GPI. Regions and states, however, should begin their
planning now to transition to the new approach and, at a minimum, the GPI should be
considered in FY 2012 workplan negotiations.
In developing this format, the workgroup built upon the results of the FY 2009 State
Grant Workplan Pilot. The new state grant workplans do not mandate a change in format
as long as they satisfy the three essential elements:
Essential Element 1 - Strategic plan goal
Essential Elements 2 - Strategic plan objective
Essential Element 3 - Workplan commitments plus time frame
As the policy is implemented, it will be important for national program managers and
regional program offices to provide appropriate outreach, assistance and education to
state recipients. In addition, OGD will work with the regions on a case-by-case basis to
address any implementation challenges. If a particular state agency has difficulties under
state law in adopting the established format, OGD will work with the affected region and
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NPM to resolve the issue. Please contact Howard Corcoran, OARM/OGD, at (202) 564-
1903 should you have any questions.
Grant Progress Reports:
Regional Program Offices must ensure that interim and final progress reports submitted
by state recipients prominently display the three Essential Elements.
State Grant Performance Measures (formally known as State Grant Template
Measures): The current set of measures flagged as State Grant Template Measures in
ACS will be retained for FY 2012 reporting. As in FY 2011, the use of the template to
capture results for these measures is not required. However, reporting on the results
remains the responsibility of the regions and states. The agency and members of ECOS
have had ongoing discussions as to whether there is utility in identifying a set of common
measures that reflect the primary functional work areas under each of the 14 categorical
grants. Issues that have been raised include how the agency would capture and use these
measures. In FY 2013, the agency, in consultation with ECOS, will evaluate the
workplan initiative discussed above and determine whether it sufficiently enhances
transparency and accountability such that developing a common set of measures is
unnecessary. Please contact Margo Padgett, OCFO/OPAA, at (202) 564-1211 should
you have any questions.
During FY 2012, OSWER will continue to "Promote the Exchange Network for
Reporting Environmental Information" consistent with the Administrator's July 2009
directive to NPMs to work to achieve the vision of the Network as "the preferred way
EPA, states, tribes, and others share and exchange data."
OSWER places a high priority on accountability and effective grants management in the
solicitation, selection, award, and administration of assistance agreements in support of
OSWER's mission. The following key areas will be emphasized as we implement our
grant programs:
1. Standardizing the timing of issuance of grants guidance for categorical grants
(i.e., by April of the fiscal year prior to the year in which the guidance applies);
2. Ensuring effective management through emphasis on training and accountability
standards for Project Officers and their managers; and
3. Utilizing new state grant measures to link grants performance to the achievement
of environmental results as detailed in the agency's Strategic Plan, Annual Plan
and the OSWER National Program Manager Guidance.
The Office of Grants and Debarment (OGD), in its efforts to strengthen the management
and oversight of agency assistance agreements, issued a "Grants Management Plan for
2009-2013." The plan is designed to help ensure grant programs meet the highest
management and fiduciary standards and further the agency's mission of protecting
human health and the environment. The plan highlights five grants management goals:
1. Demonstrate the achievement of environmental results;
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2. Foster a high-quality grants management workforce;
3. Enhance the management process for grants policies and procedures;
4. Standardize and streamline the grants business process; and
5. Leverage technology to strengthen decision making and increase public
awareness.
OSWER continues to promote these goals and to work closely with OGD.
Timing of Guidance Issued for Categorical Grants
One of OSWER's objectives is to organize and coordinate the issuance of draft and final
guidance documents, including grants guidance, to coincide as much as possible with
state, tribal, and regional planning processes. As a result, all guidance packages for
categorical grant programs are to be issued by April of the year in advance of the fiscal
year of availability of funds if at all possible (e.g., guidance for fiscal year 2012
appropriated funds needs to be issued by April 2011). Not all categorical grant programs
issue annual guidance. These programs may simply indicate that they are continuing to
use their current guidance.
Effective Grants Management
OSWER's Acquisition and Resources Management Staff (ARMS) serves as liaison to
OGD and the first resource for Project Officers and their managers in disseminating,
implementing, and ensuring compliance with EPA new and existing grants management
policies and procedures. ARMS also serves as the point of contact in consultations with
our regional offices and Grant Coordinators Workgroup.
ARMS' central coordinating role serves to ensure consistent implementation and
compliance with agency grants management policies and procedures throughout OSWER
Headquarters and regional program offices. This enables OSWER project officers to
focus on how best to properly manage assistance agreements to meet program goals and
objectives.
ARMS provides training, on an as-needed basis, and strongly encourages OSWER Grant
Coordinators, Project Officers, and their managers to participate in training which
addresses the core competency areas identified in the agency's Long-Term Grants
Management Training Plan.
Promoting Competition
OSWER places great importance on assuring that, to the maximum extent possible, all
discretionary funding opportunities are awarded in a fair and open competitive
environment and that no applicant receives an unfair advantage. OSWER Project
Officers must ensure that these actions are fully compliant with EPA Order 5700.5Al,
Policy for Competition of Assistance Agreements in the solicitation, selection, and award
of assistance agreements.
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The competition policy, effective January 15, 2005, applies to:
1. competitive announcements issued, released, or posted after January 14, 2005;
2. assistance agreement competitions, awards, and disputes based on competitive
announcements issued, released, or posted after January 14, 2005;
3. non-competitive awards resulting from non-competitive funding
recommendations submitted to a Grants Management Office after January 14,
2005;and
4. assistance agreement amendments issued after January 14, 2005.
For each competitive funding opportunity announcement, OSWER's Senior Resource
Official certifies that the expected outcomes from the awards are appropriate and in
support of program goals and, that the announcement is written in a manner to promote
competition to the maximum extent practicable.
In accordance with agency policy, all OSWER competitive funding opportunity
announcement are advertised by posting to Grants.gov, the central federal electronic
portal for applying for grant opportunities.
Policy for Competition of Assistance Agreements in the solicitation, selection, and award
of assistance agreements.
The competition policy, effective January 15, 2005, applies to:
5. competitive announcements issued, released, or posted after January 14, 2005;
6. assistance agreement competitions, awards, and disputes based on competitive
announcements issued, released, or posted after January 14, 2005;
7. non-competitive awards resulting from non-competitive funding
recommendations submitted to a Grants Management Office after January 14,
2005;and
8. assistance agreement amendments issued after January 14, 2005.
For each competitive funding opportunity announcement, OSWER's Senior Resource
Official certifies that the expected outcomes from the awards are appropriate and in
support of program goals and, that the announcement is written in a manner to promote
competition to the maximum extent practicable.
In accordance with agency policy, all OSWER competitive funding opportunity
announcements are advertised by posting to Grants.gov, the central federal electronic
portal for applying for grant opportunities.
Ensuring Effective Oversight of Assistance Agreements
Consistent with guidance from the Grants Administration Division, OSWER develops a
Post-Award Management Plan which presents our strategy for ensuring proper oversight
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and management of assistance agreements, specifically, grants and cooperative
agreements. The plan, developed in accordance with EPA Order 5700.6 Al, "Policy on
Compliance, Review and Monitoring, " establishes baseline monitoring requirements for
all OSWER grants and cooperative agreements and defines the responsibilities of
OSWER managers for post-award monitoring of assistance agreements. The plan does
not apply to OSWER regional grants or cooperative agreements, nor does it include
requirements for Interagency Acquisitions (IA).
Monitoring activities ensure satisfaction of five core areas:
1. Compliance with all programmatic terms and conditions;
2. Correlation of the recipient's work plan/application and actual progress under the
award;
3. Availability of funds to complete the proj ect;
4. Proper management of and accounting for equipment purchased under the award;
and
5. Compliance with all statutory and regulatory requirements of the program.
Baseline monitoring activities are conducted by Project Officers on every assistance
agreement award issued through OSWER program offices. Project Officers are
responsible for conducting baseline monitoring on an ongoing basis throughout the life of
each agreement. The objective is to keep track of progress on the assistance agreement,
ensuring that each recipient maintains compliance with all terms and conditions of the
award, including financial and programmatic conditions.
Annually, OSWER conducts Advanced Monitoring Activities (including both on-site and
off-site evaluative reviews) on a minimum of 10 percent of our assistance agreement
recipients. The reviews are conducted using the "Desk and Off-site Review Protocol" and
"On-site Review Protocol" guidance offered in EPA Order 5700.6 Al. Project Officers
are required to submit reports of the reviews, in the "Required Format for Writing a
Programmatic Review Report for On-site and Off-site Evaluative Reviews," within 60
calendar days of completion of the evaluation.
OSWER continually stresses the importance of Project Officer's timely submission of
evaluative reviews into the Grantee Compliance Database. Implementation of EPA
Order 5700.8, "EPA Policy on Assessing Capabilities of'Non-Profit Applicants for
Managing Assistance Awards," effective March 31, 2005, further highlights the necessity
of timely submission. Under the Order, Project Officers are required to assess the
programmatic capability of the non-profit applicant when the dollar amount of the federal
share exceeds $200,000; taking into account pertinent information from the Grantee
Compliance Database and the grant application. Project Officers are required to provide
an assurance in the funding recommendation/funding package that the applicant
possesses, or will possess, the necessary programmatic capability.
All competitive grant announcements, under which non-profit organizations can compete,
must contain a programmatic capability ranking factor(s). Non-profit applicants and
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other applicants that compete will be evaluated under this factor. Non-profit applicants
selected for funding will be subject to a review for administrative capability similar to
that for non-competitive awards.
Project Officer Performance Standards
OSWER supports the requirement that all employees involved in grants management
should have their grants management responsibilities appropriately addressed in their
performance agreements. On January 5, 2007, OGD issued a memorandum entitled
"Assessing 2007 Grants Management Performance under the Performance Appraisal and
Recognition System (PARS)." The memorandum implements recommendations
resulting from a cross-agency Performance Measures Workgroup that developed several
performance measures for assessing the grants management performance of project
officers, supervisors and managers.
OSWER's Senior Resource Official has mandated the inclusion of factors that address
grants management responsibilities in the performance standards of our Project Officers.
To assist in this effort, OSWER has disseminated the guidance provided by OGD's
January 5, 2007, memorandum to all of our Project Officers, Managers, and Grant
Coordinators.
Environmental Results of Grants and Link to Strategic Plan
On January 1, 2005, EPA issued the Environmental Results Order (5700.7). Under the
Order, program offices are required to identify and link environmental results from
proposed assistance agreements to the agency's Strategic Plan/GPRA architecture.
Further, the Order requires that the linkage to the Strategic Plan, as well as anticipated
outputs and outcomes are identified and addressed in assistance agreement competitive
funding announcements, work plans, and performance reports submitted to Grants
Management Offices after January 1, 2005.
In compliance with the Environmental Results Order, OSWER requires that Project
Officers identify the linkage to EPA's Strategic Plan, including goals, objectives, and
sub-objectives, and anticipated outcomes and outputs in all competitive funding
announcements, prior to obtaining AA certification. Additionally, OSWER has identified
environmental results as a "key topic" area in reviewing and approving funding packages
for award, prior to submission to GAD.
Goal 3 of EPA's FY 2011-2015 Strategic Plan presents specific OSWER objectives and
strategic targets that define, in measurable terms, the change in public health or
environmental conditions to be accomplished by FY 2015. To achieve these long-term
targets, EPA includes annual performance goals its Congressional Justification and
Annual Plan. EPA's FY 2011-2015 Strategic Plan is available at
http://www.epa.gov/ocfo/plan/plan.htm and its Annual Performance Plans can be found
at http://www.epa.gov/ocfo/budget/
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ENVIRONMENTAL PROTECTION AGENCY
OFFICE OF SOLID WASTE AND EMERGENCY RESPONSE
FY 2012 NPM GUIDANCE MEASURES APPENDIX
G/O
3.1
3.1
3.1
3.1
3.1
3.1
3.1
3.1
3.1
3.1
ACS Code
B29
B32
B33
B34
B37
MW9
CH2
PC1
PC2
CARE-1
Measure Text
Number of brownfields properties assessed.
Properties cleaned up using brownfields funding.
Acres of brownfields property made ready for reuse.
Jobs leveraged from brownfields activities.
Billions of dollars of cleanup and redevelopment funds leveraged at brownfields sites.
Pounds of municpal solid waste reduced, reused or recycled.
Number of risk management plan audits and inspections completed.
Number of sites receiving 40 CFR 761 .61 (a) or (c) approvals.
Number of acres to be remediated under 40 CFR 761. 61 (a) or (c) approvals.
Number of Community Action for Renewed Environment (CARE) cooperative agreement projects managed in order to obtain
toxic reductions at the local level.
Non-
Commit-
ment
Indicator
N
N
Y
Y
Y
N
N
Y
Y
Y
State
Grant
Measure
(Y/N)
Y
Y
N
N
N
N
N
N
N
N
Nat.
Target
1,000
60
1,000
5,000
0.9
22 B
578
40
100
N/A
Attachment I, page 1
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ENVIRONMENTAL PROTECTION AGENCY
OFFICE OF SOLID WASTE AND EMERGENCY RESPONSE
FY 2012 NPM GUIDANCE MEASURES APPENDIX
G/O
3.2
3.2
3.2
3.2
3.2
3.2
3.3
3.3
3.3
3.3
3.3
3.3
3.3
ACS Code
RCC1
HWO
ST1
ST6
TR1
TR2
132
133
327A
328A
C1
112
113
Measure Text
Number of major projects/efforts that support the implementation and/or development of programmatic components of the
natonal and regional RCC efforts to address Municipal Solid Waste (MSW) recycling, industrial materials (IM) recycling,
toxics reduction, or green initiatives.
Number of hazardous waste facilities with new or updated controls.
Reduce the number of confirmed releases at LIST facilities to five percent (5%) fewer than the prior year's target.
Increase the percentage of LIST facilities that are in significant operational compliance with both release detection and
release prevention requirements by 0.5% over the previous year's target.
Number of tribes covered by an integrated waste management plan .
Number of closed, cleaned up or upgraded open dumps in Indian country or other tribal lands.
Number of Superfund-lead removal actions completed.
Number of PRP removal completions (including voluntary, AOC, and UAO actions) overseen by EPA.
Percent of all FRP facilities found to be non-compliant which will be brought into compliance.
Percent of all SPCC facilities found to be non-compliant which will be brought into compliance.
Score on Core NAR evaluation.
Number of LUST cleanups completed that meet risk-based standards for human exposure and groundwater migration.
Number of LUST cleanups completed that meet risk-based standards for human exposure and groundwater migration in
Indian country.
Commit-
ment
Indicator
(Y/N)
N
N
Y
Y
N
N
N
N
Y
Y
Y
N
N
State
Grant
Measure
(Y/N)
N
Y
Y
Y
N
N
N
N
N
N
N
Y
Y
Nat.
Target
N/A
100
< 8,120
(UST
releases)
66.5%
5
45
170
170
35%
35%
70%
12,400
42
Attachment I, page 2
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ENVIRONMENTAL PROTECTION AGENCY
OFFICE OF SOLID WASTE AND EMERGENCY RESPONSE
FY 2012 NPM GUIDANCE MEASURES APPENDIX
G/O/S
3.3
3.3
3.3
3.3
3.3
3.3
3.3
3.3
3.3
5.1
5.1
5.1
ACS Code
122
131
141
S10
151
152
CA1
CA2
CAS
OSRE-01
OSRE-02
HQ-VOL
Measure Text
Number of Superfund remedial site assessments completed.
Number of remedial action projects completed at Superfund NPL sites.
Number of Superfund construction completions.
Number of Superfund sites ready for anticipated use site-wide.
Number of Superfund sites with human exposures under control.
Number of Superfund sites with contaminated groundwater migration under control.
Number of RCRA facilities with human exposures under control.
Number of RCRA facilities with migration of contaminated groundwater under control.
Number of RCRA facilities with final remedies constructed.
Reach a settlement or take an enforcement action before the start of a remedial action at 99 percent of Superfund sites
having viable, liable responsible parties other than the federal government.
Address all Statute of Limitations cases for Superfund sites with unaddressed total past costs equal to or greater than
$200,000.
Volume of contaminated media addressed as a result of concluded CERCLA and RCRA corrective action enforcement
actions.
Non-
Commit-
ment
Indicator
N
N
N
N
N
N
N
N
N
N
N
N
State
Grant
Measure
(Y/N)
N
N
N
N
N
N
Y
N
Y
N
N
N
Nat.
Target
900
113
22
65
10
15
76% or
150
facilities
67% or
112
facilities
42% or
150
facilities
99%
100%
300M CY
Attachment I, page 3
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Explanation of Changes between FY 2011 and FY 2012
Office of Solid Waste and Emergency Response
Change from FY 2011 Guidance Document
Reason for Change
Affected Pages and Sections
Priorities
Changes in activities associated with lessons
learned from the Deepwater Horizon Oil Spill
(including use of dispersants).
Response to Agency Initiative.
Key National Program
Strategies and Priorities; pages
37 and 39.
Developing the Sampling Methodology for
communication of sampling results.
Undertaken as part of OSWER's Integrated
Cleanup Initiative and the Community
Engagement Initiative.
Key National Program
Strategies and Priorities; Page
37.
Strategies
Implementing initiative to integrate EJ
considerations throughout OSWER's
programs.
Part agency-wide Plan EJ 2014.
Executive Summary; Page 9.
Key National Program
Strategies and Priorities; page
82.
Coordinating with EPA's OW and other
federal agencies to achieve desired policy
outcomes.
Furthering America's Great Outdoors and
Urban Waters initiatives.
Executive Summary; Pages 10.
EPA Administrator's Priorities;
page 20.
Focus on improving site project management
Part of Integrated Cleanup Initiative (ICI)
efforts
Executive Summary; page 3.
Key National Program
Strategies and Priorities; pages
26-27.
Conducting additional inspections at high-risk
oil facilities that require Facility Response Plans
(FRP) and at non-high risk oil facilities that
require Spill Prevention, Control and
Countermeasures (SPCC) plans. Also
conducting additional inspections at high-risk
chemical facilities that require Risk
Management Plans (RMP).
Part of agency's Regaining Ground initiative.
Executive Summary; page 11.
Key National Program
Strategies and Priorities; pages
40-42.
Attachment II, Page 1
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Annual
Commitment
Measures
New measure "Number of Superfund remedial
site assessments completed" will continue to be
implemented in FY 2012. This measure was
first targeted and reported in FY 2011.
As part of our ICI, this measure was
implemented to more fully account for the
large amounts of work performed during the
Superfund site assessment process.
Executive Summary; page 8.
Key National Program
Strategies and Priorities; page
33.
Tracking
Process
Not applicable.
Contacts
Ellen Treimel (703) 603-8811
Peter Oh (202) 564-2375
Lura Mathews (202) 566-2539 and
Jennifer Brady (202) 566-1701
Andrew Baca (202) 566-0185
Ryan Smith (202) 564-0629
New Superfund Remedial contact
New Emergency Management contact
New Clean Energy/ Climate Change contacts
New Tribal contact
New Brownfields contact
Executive Summary, page 12.
Attachment II, Page 2
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