Office of Solid Waste and Emergency Response
  FY  2014 NATIONAL PROGRAM
          MANAGER'S GUIDANCE
                          Final - June 14, 2013

                    Publication Number 540S13001

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Table of Contents

Agency Overview to the FY 2014 NPM Guidances	1
Introduction	1
National Areas of Focus	3
  Operationalize Community Engagement	3
  Operationalize the Integrated Cleanup Initiative	 5
  Advancing Superfund Remedial Cleanups	 8
  E-Manifest System and E-Enterprise	 13
  Sustainable Materials Management	 15
  Chemical Risk Management	 18
  Brownfields/ Area-Wide Planning	 20

Program-Specific Guidances	22
  Superfund Remediation	22
  Superfund Federal Facilities Response	25
  Emergency Response and Prevention	27
  Brownfields and Land Revitalization	31
  RCRA Sustainable Materials Management	35
  RCRA/ PCB Permitting and Tribal Programs	37
  RCRA/PCB Cleanup	39
  RCRA Regulatory and Guidance Actions	41
  Underground Storage Tanks	45
  Tribal Program Development	48
  Environmental Justice	49

Appendices
  FY 2014 Measures Appendix 	I
  Explanation of Key Changes between FY 2013 and FY 2014	II
  Grant Guidelines	Ill
  State Reporting Schedule for UST Performance Measures	IV
  Key Contacts	V

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Agency Overview to the FY 2014 NPM Guidances

The overview to the NPM Guidances communicates important agency-wide information
and should be reviewed in conjunction with each of the draft FY 2014 NPM Guidances
as well as other applicable requirements.  The overview also includes relevant
background information and cross-program areas that are important to the effective
implementation of EPA's environmental programs in FY 2014. Read the overview at:
http://www2.epa.gov/planandbudget/fy2014
Introduction

OSWER is the national program manager for a wide variety of land-based and
community based programs. OSWER is responsible for the Superfund Removal and
Remedial programs, the Resource Conservation and Recovery Act program, the
Brownfields program, the Underground Storage Tank program, the Emergency Response
and Management program, and the Federal Facility Oversight program. This national
program guidance contains annual implementation priorities for all OSWER program
offices.  OSWER also collaborates with other agency programs on cross-media issues to
address environmental concerns as One EPA.

The OSWER guidance defines national policy, strategic goals and priority activities and
should be used by the regions, and in some instances, states and tribes. 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.
Further, resources should be devoted as reflected in the final FY 2014 operating plan.

OSWER's National Areas of Focus

OSWER's areas of focus for the upcoming fiscal year support two overall themes:  (1)
Doing Business Differently: More Efficiently and with Greater Transparency; and (2)
Leveraging Private  and Public Sector Partnership and Resources.  By integrating
strategies under the Community Engagement Initiative (CEI) and the Integrated Cleanup
Initiative (ICI) into  our everyday practices, we empower communities and improve the
efficiency and outcomes of our cleanup programs. By advancing Superfund remedial
cleanups, we protect the American public and the nation's resources. By supporting
sustainable materials management and Brownfields area-wide planning, we build
synergies with our partners encouraging resource conservation and locally-driven
revitalization choices.

OSWER's National Areas of Focus for FY 2014:

Doing Business Differently: More Efficiently and with Greater Transparency
•  Operationalize Community Engagement - Bringing community engagement tools


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    and processes into the base infrastructure of OSWER's decision-making and project
    management processes.
•   Operationalize the Integrated Cleanup Initiative - Completing actions focused on
    doing our core investigation and cleanup work more efficiently and effectively and
    finding additional improvements in the way we conduct business.
•   Advancing Superfund Remedial Cleanup - Addressing highest risk sites first while
    emphasizing efficient use of resources and completing projects already underway
    throughout the response process.
•   E-Manifest System and E-Enterprise - Transforming and modernizing the flow of
    information between EPA and its stakeholders.

Leveraging Private and Public Sector Partnership and Resources
•   Sustainable Materials Management - Fostering a life-cycle approach highlighting
    waste materials as commodities that can be utilized to grow key industries and
    associated jobs.
•   Chemical Risk Management - Evaluating ways to further improve chemical safety
    and increase community and public awareness.
•   Brownfields Area-Wide Planning - Enabling community-level reuse planning for
    targeted areas that are affected by a single large, or multiple, brownfield site(s).

OSWER works with EPA's other headquarters media program offices and with the ten
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, often with constrained budgets. OSWER recognizes these
challenges and strives to provide flexibility and support for regional strategies that align
with our shared priorities and goals. Further, delegated or authorized  state and tribal
agencies that are facing resource constraints may raise specific activities for discussion
with the appropriate senior EPA regional manager(s) when developing their work plans.
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National Areas of Focus

Doing Business Differently; More Efficiently and with Greater Transparency

                  OPERATIONALIZE COMMUNITY ENGAGEMENT

Description:  OSWER introduced the Community Engagement Initiative (CEI) in 2010
to refocus and renew its vision for community engagement and improve practices that
help communities meaningfully participate in OSWER program decision making.  The
three goals of the CEI were to: 1) develop transparent and accessible decision-making
processes to enhance meaningful community stakeholder participation; 2) present
information and provide technical assistance in ways that will enable community
stakeholders to better understand environmental issues and participate in an informed
way during the decision-making process and;  3) produce outcomes that are responsive to
stakeholders'  concerns and are aligned with community needs and long-term goals, to the
extent practicable. Through the CEI, many existing or new community engagement tools
and processes have been updated or developed. The CEI also addresses the need to reach
all parts of the community, including populations that may be affected by environmental
justice issues. Community engagement and environmental justice activities are included
in many of the program specific guidances that follow.

OSWER will  reference and demonstrate these tools and processes in a Community
Engagement (CE) Tools Framework that is being developed in FY 2013 to enable EPA
staff to easily access and use the tools for project specific work.   OSWER will promote
the CE Tools Framework in the Community Engagement Network (CEN) which is being
developed in FY 2013 to provide tools and guides, technical assistance resources, CE
training opportunities, subject matter contacts and promising practices to EPA staff.  In
FY 2013, OSWER is also  conducting a baseline evaluation of community engagement
activities in OSWER cleanup programs. OSWER is also supporting the evaluation of
lessons learned from regional pilots being conducted in FY 2013 to test promising
community engagement practices across agency programs.

In FY 2014, the focus will be to operationalize the new CE tools and processes into the
base infrastructure of OSWER's decision-making and project management processes -
and work with the regions to promote and evaluate the use of CE tools and strategies in
OSWER projects. OSWER will also consider the results and lessons learned from the
baseline program evaluation and regional community pilots and incorporate them into
program processes as appropriate.  Finally, OSWER will work with the regions to
maintain the CEN and CE Tools Framework referenced above.  Specific activities  to be
performed in FY 2014 are listed below.

Activities:
Headquarters  and regions
   •   Develop effective CE strategies for OSWER projects
          o  OSWER will work with regions to help proj ect teams use the CE Tools
             Framework to develop effective CE project strategies. This will include
             identification of current practices, models and opportunities for creating
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          and implementing CE strategies. OSWER will convene a dialogue with
          regional managers and staff to determine goals and plans for this effort
          and will facilitate a regional report out on the results.
•  Evaluate the use and effectiveness of CE tools and processes
       o  OSWER will build on the results of the baseline evaluation being
          conducted in FY 2013 and promote and further evaluate the use of CE
          tools and strategies for specific OSWER program activities such as:
          RCRA Corrective Actions,  Superfund Removal Actions, Superfund Risk
          Assessments, Technical Assistance for Brownfields (TAB), and the
          Technical Assistance Services for Communities (TASC) Program.
          Additional program activities may be included based on evaluations  and
          pilots referenced above that are being conducted in FY 2013. Particular
          focus will be on technical assistance and delivery of information processes
          used in these activities.
       o  OSWER will evaluate the effectiveness of, and scale-up as appropriate,
          the Partners in Technical Assistance Program to enable colleges,
          universities,  and non-profit organizations to cooperate with EPA to
          provide voluntary assistance to communities for projects identified by the
          regions.
•  Support CE Networking and Training
       o  OSWER will continue to support and promote the Community
          Engagement Network to provide easy access to tools and guides, technical
          assistance resources, CE training opportunities, subject matter contacts
          and promising practices. OSWER will work with regions to support the
          CEN and maintain and update content.
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            OPERATIONALIZE THE INTEGRATED CLEANUP INITIATIVE

Description:  OSWER in coordination with OECA 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. Id's goal was to better use EPA's assessment and cleanup authorities,
in an integrated, transparent and accountable fashion, to address a greater number of
contaminated sites, accelerating cleanup where possible, and put those sites back into
productive use while protecting human health and the environment. The focus of the ICI
is to continue to identify efficiencies and implement rigor in how we conduct our work
which is critical as we face constrained or reduced budgets.  The ICI identified actions
that OSWER in partnership with other EPA offices has been working on.

In FY 2014, our goal is to operationalize this initiative and other key program aspects
into the fabric of OSWER's programs and day-to-day work and decision-making. ICI
originally identified 26 action items which have been completed or are ongoing. Many of
the actions involved looking at ways to continue doing our core investigation and cleanup
work in a more effective and efficient way.  Many of the action items originally identified
in the implementation plan have evolved as a natural progression for these efforts into
follow on actions which will result in improvements in the way we conduct business.
These changes affect the entire process, stretching from when a site is first assessed to
completion and enforcement is concluded.

The following are examples of activities that will be a priority in FY 2014 in an effort to
continue to look for ways to improve the program. Additional Superfund remedial
program efforts supporting this initiative are described in the next section of the guidance
under the title,  "Advancing Superfund Remedial Cleanups."

Activities:
   •   Apply regional best management practices and lessons learned from project
       management pilots: EPA has completed four site pilots to streamline the
       cleanup process and will be incorporating what we have learned from those pilots
       into the overall conduct of our work.  For instance one of the pilots focused on a
       project management approach that better integrated our remedial design and
       remedial action work and resulted in completion of the cleanup work two years
       ahead of schedule.
          o  OSWER and regional  offices will emphasize effectively integrating the
             results of our actions under ICI into our day-to-day  business.
   •   Assess contract efficiencies
          o  EPA is moving forward with the Contracts 2010 strategy to restructure
              Superfund contracts. In FY 2014, EPA will be implementing the
             Remedial Acquisition Framework which focuses on Superfund Remedial
             program contracts.
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Communicate our progress at National Priorities List (NPL) sites
   o   EPA will continue to measure and communicate our success in a more
       integrated way.
   o   OSWER encourages the regions to continue focus and rigor on remedial
       action project completions and acres anticipated ready for reuse.
Communicate our progress at RCRA Corrective Action Sites:  EPA
developed and piloted a new RCRA info code "Remedy Construction Complete at
Operating Facilities" (CA550-OF) to better communicate progress at operating
facilities that cannot meet the full "remedy construction complete" criteria due to
current operations.  Additionally, EPA is working with regions to better highlight
and communicate progress at facilities that are complex and not expected to meet
"construction complete" for some time. Towards this goal, EPA has been piloting
a variety of additional reporting activities at a small set of complex, long-term
RCRA CA facilities and will be discussing findings and results of the pilots with
regions and states in FY 2014
   o   States and regions are encouraged to continue documenting achievement
       of the CA550-OF milestone.
   o   Regions are encouraged to implement any resulting reporting
       recommendations for relevant EPA-lead CA facilities.
Leverage Resources:  In 2010, EPA published a backlog study that took a
detailed look at the remaining Leaking Underground Storage Tank (LUST)
releases needing cleanup. The study provides EPA and the states with substantial
data about the remaining releases and has led to the development of informed
strategies and actions that EPA and the states are currently pursuing to reduce the
backlog.  For example, EPA's efforts to cleanup and reuse LUST sites by linking
to-brownfields has led to partnerships such as the one between EPA and the U.S.
Department of Health and Human Services,  Health Resources and  Services
Administration (HRSA) program to support reuse of petroleum brownfields sites
as health centers in medically underserved areas.
   o   States and EPA will work to implement state specific strategies to reduce
       their LUST backlog including reviewing releases against site-specific
       closure standards, evaluating technologies, implementing site screening
       processes, and leveraging resources outside the tanks program such as
       brownfields.
Interagency Collaboration:  The EPA, the Department of Defense (DoD), the
Department of Energy (DOE),  and the Department of the Interior (DOI) formed a
workgroup to improve the five-year process for federal facility sites.
   o   In FY 2012, the federal workgroup released three tools to be used by
       RPMs in order to educate communities about the five-year review process.
       Those tools included a community video, training module, and a template
       for a site specific factsheet.

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o  In FY 2013, the federal workgroup will be developing a new training
   module for the writers and reviewers of the Five Year Report with a focus
   on improving the Report's technical quality. We expect this initiative will
   result in reducing the cost and time of the five-year review, ensuring that
   the data and information in the report supports the protectiveness
   statement for the remedy, and effectively communicating the results to the
   public.
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                  ADVANCING SUPERFUND REMEDIAL CLEANUP

Description: The Superfund remedial program protects the American public and the
nation's resources by assessing and cleaning up some of the most contaminated sites in
the United States. As a result, communities are safer, healthier, and more economically
viable. The agency's actions also protect and restore the nation's valuable groundwater
and surface water resources. Cleanup activities include characterizing the degree and
scope of contamination from releases to the environment, developing cleanup strategies,
designing and constructing remedies, and conducting long-term operation and monitoring
of certain remedies.

While much has been accomplished since December 1980, significant work lies ahead
with the program  now dealing with some of its largest and most complex sites.  In
addition, the cumulative impact of reductions to the Superfund remedial program's
budget will require a re-balancing of the remedial pipeline including site assessments,
remedial investigations/feasibility studies, remedial designs, remedial actions, and post-
construction operations. The program will focus on addressing highest risk sites first,
while continuing work at ongoing sites. Priority will be given to completing projects
already underway throughout the response process, as opposed to starting new project
phases. In addition, to sustain itself, the program will focus on being as cost effective and
efficient as possible by making its internal and external resources go further.

Activities:
Headquarters and regions
   •   Communicate benefits of Superfund work
          o  A key focus in the last few years has been to better assess the economic
              and health benefits that are realized when a hazardous waste site is cleaned
              up.
          o  As sites are progressing from NPL listing to cleanup property values
              increase.
          o  It has been estimated that once  a site is deleted from the NPL, median
              residential property values increase 20% within a 3 mile radius1.
          o  Evidence has also shown  a 20-25% reduction in birth defects once a site is
                        r\
              cleaned up .
          o  EPA will continue to focus on moving remedial projects to completion.
              EPA tracks remedial action project completions, a relatively new measure
              which augments the site-wide construction  completion measure  and
              applies to the actual construction or implementation of a discrete scope of
              activities supporting a Superfund site cleanup.
1 Shantic Gamper-Rabidron and Christopher Timmons, "Does Cleanup of Hazardous Sites Raise Housing
Values? Evidence of Spatially Localized Benefits" Journal of Environmental Economics and Management,
In Press, Accepted Manuscript, December 22, 2012.
2 Currie, Janet, Michael Greenstone, and Enrico Moretti. 2011. "Superfund Cleanups and Infant
Health." American Economic Review, 101(3): 435-41.


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          o  In FY 2014, EPA will work with the regions and our state and tribal
             partners to continue to support efforts that capture and communicate the
             benefits of the program's work.
   •  Reduce analytical services costs
          o  To the maximum extent practicable conduct analyses of site samples
             according to the tiering strategy developed by the Field and Analytical
             Services Teaming Advisory Committee (FASTAC). The FASTAC
             "Decision Tree"  Strategy for selecting an analytical vehicle is listed m
             order of preference :
                •   Tier 1 - EPA Regional Laboratory and ESAT Contract
                •   Tier 2 - National Analytical Services Contracts ( i.e., Contract
                    Laboratory Program [CLP] )
                •   Tier 3 - Region Specific Analytical Services Contracts
                •   Tier 4 - Analytical Services lAGs and Field
                    C ontracts/Sub contracts

Headquarters, regions, states and tribes
   •  Improve business processes and leverage in-house expertise
          o  EPA is evaluating business processes (including  boards and panels)
             associated with planning and budgeting, site assessment and listing,
             remedy decision reviews, design and construction project delivery, five-
             year reviews, and deletions with a focus on improving efficiency, program
             quality, and sustainability. This evaluation is a natural progression from
             recommendations and pilot successes from the Integrated Cleanup
             Initiative and will also incorporate new ideas from regional managers and
             state and tribal partners.
          o  The program is reviewing its business operations and processes to identify
             areas for efficiency gains in light of continued resource reductions. Key
             areas include information technology, acquisitions, workforce (e.g.,
             leveraging in-house expertise), site cleanup lifecycle, from site
             characterization through completion, and emerging technologies. Leaner
             business processes will be phased into operations in FY 2013 and FY
             2014. In addition, the program is working to leverage in-house resource
             expertise, both at headquarters and in the regions, to the maximum extent
             practical (Headquarters and regions only). For example, use
             Environmental Response Team (ERT) experts to conduct regional site
             characterization work.
   •  Implement an acquisition framework to ensure the most efficient contracts
      and to stretch funding
          o  To make Superfund cleanup dollars go further, the program needs to work
             together nationally (including working with other federal agencies, states
             and tribes) to acquire goods and services at lower costs.
          o  Ensuring that our contracts are written and executed to require
             optimization of field work at all stages of the cleanup continuum will be
             key.
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          o  EPA is developing a remedial-specific acquisition framework for
             implementing acquisition strategies for the Superfund remedial program.
             A key goal of the acquisition framework is to ensure adequate competition
             and lower costs for remedial construction and non-construction service
             contracts and to establish a national governance structure for all remedial
             program contracts.
          o  EPA will continue to implement the framework's concepts in FY 2013
             and FY 2014.
   •   Implement new institutional control guidance
          o  The Superfund Remedial program will be implementing the new
             guidances, Planning,  Implementing, Maintaining, and Enforcing
             Institutional Controls at Contaminated Sites and Preparing Institutional
             Control Implementation and Assurance Plans at Contaminated Sites.
          o  A key goal of these documents is to improve consistency in institutional
             control (1C) implementation and decrease the effort of employing ICs by
             providing detailed recommendations regarding the factors site managers
             and attorneys should  consider and by addressing typical legals barriers that
             may arise when attempting to implement property controls, providing
             clearer policy regarding the roles and responsibilities of stakeholders
             involved in various aspects of the 1C life cycle.

Headquarters
   •   Coordinate with Office of Water on the Recontamination of Superfund
       Sediment Sites by Combined Sewer Outfalls (CSOs)
          o  OSRTI is providing comments to OW as it updates its Industrial
             Stormwater Multi-Sector General Permit (MSGP), to exclude from
             discharge certain toxic substances that drive risks at sediment sites, such
             as PCBs, dioxins/furans, and DDT.
          o  OSRTI has provided  partial funding for a pilot study to coordinate cleanup
             activities between Superfund and OW at the Lower Duwamish Waterway.
             The pilot will perform a water quality assessment that will merge CWA
             requirements for addressing impaired waters with CERCLA goals for
             remediating contaminated sediments, the results  of which can be utilized
             at other sediment sites.
          o  Other OSRTI-OW coordination activities include developing a tool to
             merge Superfund site information with CWA impaired water listings,
             developing a "lessons learned" repository that provides  information on
             sites where some CWA-CERCLA collaboration  has already taken place,
             analysis of the CERCLA federally permitted release exemption and the
             CWA permit-as-a-shield, developing guidance for permit writers
             addressing sediment issues and enforceability, writing collaboration
             standards into State Superfund agreements, and helping states translate
             generic "free from toxics" narratives into numeric limits for discharge
             permits.
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•  Address new science and emerging contaminants
       o  The Superfund program utilizes the best and latest science to inform site-
          specific cleanup decisions. As new science is developed the Superfund
          program evaluates which sites need to be evaluated; identifies and
          prioritize sites to determine if new monitoring/sampling data are needed;
          determines if additional action may be needed; and prioritizes such work.
       o  Factors to be considered in prioritizing sites include but are not limited to:
          the threat of imminent exposure, current and future land use,
          environmental justice concerns, community/property owner input, and
          local, state, and tribal government input. In addition, the program in some
          cases, and particularly as part of the five-year review process, may re-
          evaluate previously investigated or cleaned-up sites using the best and
          latest science.
       o  New recommendations from the scientific community that would lower
          acceptable exposure levels to such contaminants as dioxin, lead, and TCE
          will require new cleanup strategies.  This will continue to be an area of
          focus for the program in FY 2014.
•  Optimize site cleanup
       o  OSWER will continue to implement the "National Strategy to Expand
          Superfund Optimization Practices from Site Assessment to Site
          Completion" (the "Optimization Strategy") by  conducting approximately
          20 to 30 optimization reviews annually and ensuring effective tracking,
          reporting,  and measurement of implementation performance.
       o  The overall goals of the Optimization Strategy are more cost-effective
          expenditure of Superfund dollars, a reduced energy/carbon footprint,
          improved  remedy performance and protection of human health and the
          environment, expedited consensus and improved decision-making, and
          acceleration of the pace of project/site completion.
       o  Remedial  Project Managers (RPMs) will need to be trained to factor in
          optimization at all phases.  The training will  consider the technical aspects
          of conducting optimization studies at their sites, administrative/operational
          approaches such as contracting for optimization evaluations, and building
          best practices derived from optimization lessons into their cleanup
          practices.
•  Reduce analytical services costs
       o  In FY 2014, the Contract Laboratory Program (CLP) will continue to
          reduce the costs associated with providing analytical services to the
          Superfund program by decreasing the total extramural cost per laboratory
          analysis by 7% from FY 2011 levels for an estimated savings of $1.3M.
       o  To realize these savings the program will: 1) complete the solicitation of
          the Combined Analytical Services Contract (CASC) which streamlines
          current CLP contracts; 2) fully implement efforts for nearly  paperless
          operations; 3) continue to use regional allocation strategies;  4) emphasize
          the use of special accounts for analytical services, including data
          validation; and 5) evaluate and optimize CLP standard operating
          procedures.


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   •   Develop 21st century tools to support a 21st century workforce
          o  The agency is on schedule to complete the re-engineering of the
             Comprehensive Environmental Response, Compensation, and Liability
             Information System, (CERCLIS) into the Superfund Enterprise
             Management System (SEMS) by FY 2014.
          o  By merging CERCLIS along with the Superfund Document Management
             System (SDMS) and the Institutional Controls Tracking System (ICTS),
             the Superfund Remedial program will be in a position to link planning and
             performance data with supporting documentation in a manner that yields
             direct evidence of program decisions and outcomes.
          o  SEMS leverages the Agency Enterprise Architecture  and will benefit from
             the agency's new My Workplace initiative which is intended to enrich the
             work environment, improve collaboration, and promote mobility by
             providing a brand new set of tools for email, calendar, and collaboration,
             as well as provide for technology upgrades.

Measures: The following ACS measures support this program: 122, 131, 141,  151, 152
and S10.  These measures can be found on page 3 of the attached measures appendix.
Performance goals and measures for the Superfund Federal Facilities Response program
are a component of the Superfund Remedial program's measures.
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                    E-MANIFEST SYSTEM AND E-ENTERPRISE

Description: On October 5, 2012, the President signed legislation authorizing a fee-
funded electronic reporting program for entities transporting hazardous wastes that are
regulated pursuant to the Resources Conservation and Recovery Act (RCRA).  Currently
a 6-copy paper manifest is required to document the type, quantity, and routing of
hazardous waste to be transported. As directed by this legislation, this paper manifest
will be replaced with an electronically submitted manifest ("e-Manifest"). The
legislation calls for the system to be in place by October 2015.

In addition, e-Manifest is OSWER's main project in the agency's E-Enterprise initiative
which seeks to transform and modernize the flow of information between EPA and its
stakeholders. E-Manifest embodies the key concepts of Next Generation Compliance by
increasing transparency, enabling electronic tracking and reporting, reducing paperwork
and recordkeeping burden and enabling one stop reporting to EPA and the states.

Two additional OSWER projects in the proposed FY 2014 E-Enterprise initiative include
partnering with OECA in developing an electronic exporter interface capability for the
import-export data management system, and a cross-program effort to convert existing
financial assurance paper reporting under the RCRA, the Clean Water Act (CWA), Toxic
Substances Control Act (TSCA) and the Comprehensive Environmental Response,
Compensation and Recovery Act (CERCLA) to electronic reporting.

In FY 2013, EPA will have completed an update of the requirements and alternatives
analysis that was last updated in 2009 in preparation for developing the e-manifest
system. EPA will also have begun the process for updating the current manifest
regulations to account for the new electronic system.

Several states require that manifests be submitted to them as part of the generation and
treatment of waste within their state.  Part of the e-Manifest project is to develop
mechanisms for providing these manifests electronically from the e-manifest system to
those states that require this reporting. This will save industry the burden of reporting to
multiple entities and save the states the burden of manual keying or scanning manifest
information. In FY 2013, as part of the requirements analysis, EPA will have worked
with the states to identify the requirements for delivering these manifests to the states.  In
furtherance of these efforts, we will undertake the following activities in FY 2014, unless
otherwise noted.

Activities:
Headquarters
   •   Begin the acquisition/development of the e-Manifest system to meet the
       requirements and chosen design as specified in the requirements and alternatives
       analysis.
   •   Work with the states, the Environmental Council of States, and the Exchange
       Network to develop the formats and mechanisms for exchanging manifest
       information between EPA and the states. EPA will convene an Integrated Project
       Team (IPT) that will consist of EPA (regional and headquarters) and state

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       participants that will work together to design and provide feedback on these
       mechanisms.
   •   Develop the economic models to support the development of a user-fee rule,
       develop the accounting and financial reporting structure that will need to be in
       place to support the calculation of user fees, and conduct any needed analyses to
       support further revision of EPA regulations needed to implement an e-Manifest
       system.
   •   Under Executive Order 13563, OSWER developed a web-based alternative to the
       current paper-based RCRA site ID notification process which will allow facilities
       with an existing EPA ID to enter their own notifications forms  electronically
       instead of mailing a paper submission.  The electronic notifications may be used
       for changes in generator status, changes in ownership of a facility, and other
       requirements or changes of the RCRA site ID.
   •   In FY 2013, OSWER will determine the effectiveness of the program, and
       pending its  success will work to fully deploy the program to interested states.

Regions
   •   Identify states and other stakeholders that should be participating in the e-
       Manifest outreach efforts.
   •   Participate in the IPT that will provide input to the development of the
       mechanisms for exchanging manifest data between EPA and the states.
   •   Work with the states that require manifests be submitted to them to prepare them
       to receive manifests electronically.

States
   •   Participate in the IPT that will provide input to the development of the
       mechanisms for exchanging manifest data between EPA and the states.
   •   States requiring manifests should scope the needed changes to their systems to be
       able to  receive manifests from EPA in an electronic format via the Exchange
       Network.

Measures: The e-Manifest legislation calls for the development of performance  measures
to be put in place once the system is deployed.  In FY 2014, EPA will begin scoping  out
measures that can be used to measure the effectiveness of the system.
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Leveraging Private and Public Sector Partnership and Resources

                    SUSTAINABLE MATERIALS MANAGEMENT

Description: Several statutory provisions, such as section 6902 of the Resource
Conservation and Recovery Act (RCRA), support the protection of human health and the
environment through the conservation of materials and energy resources. One
foundational purpose of RCRA is to reduce the total quantity of materials that ultimately
become wastes, effectively practicing conservation during the useful life of materials and
natural resources. To achieve the conservation part of the Resource Conservation and
Recovery Act (RCRA), the EPA is investing in Sustainable Materials Management
(SMM) practices to create a national lifecycle management perspective.  This involves
integrating information to create a national focus, formulating and issuing policy, and
addressing market challenges. Strong federal leadership and action is needed, due to the
impacts the U.S. economy has on global materials usage. To provide national leadership,
OSWER and the regional offices jointly developed and implemented a strategically
targeted SMM program with national impact and measurable results.

The SMM Program supports an approach that reflects the need to look at our
environmental challenges with a whole-systems approach, leverage cross-program efforts
and tools, and collaborate within EPA and with external partners  and stakeholders. Thus,
it reflects an emphasis on sustainability in meeting today's complex challenges for
protecting human health and the environment as One EPA.  As One EPA, OSWER is
collaborating with other EPA offices, including the Office of Chemical Safety and
Pollution Prevention (OCSPP), the Office of Research and Development (ORD) and the
Office of Policy (OP). To that end, EPA's sustainability efforts will be a guiding
principle for collaboration between EPA programs in the alignment of priorities and
measures of success.  Specifically, each office mentioned above will incorporate
sustainable approaches in their work at both the headquarters and regional level.

OSWER and OCSPP in conjunction with the regional offices will pursue alignment in
work that utilizes and integrates sustainability efforts consisting of SMM, Pollution
Prevention (P2) and other ongoing EPA sustainability approaches and will  adopt ACS
commitments that will capture the progress achieved in those areas. In particular,
opportunities presently exist to integrate these pollution prevention approaches into
sector-based initiatives such as electronics, sporting and other venues, groceries, and
colleges and universities and other sectors considered to be  a priority.  The above
mentioned opportunities are current aligned interests between OSWER and OCSPP
within the current focus areas of the SMM Program. Combining efforts creates an
opportunity to leverage resources and work jointly with stakeholders reducing the
number of EPA programs approaching the same entities on  the same or related areas. In
addition, OSWER and other headquarters offices will work to develop a systematic way
to share best practices at the headquarters and regional levels.

In coordination with OCSPP, OSWER will explore additional formal  mechanisms and
opportunities for cross-office coordination.  Examples of cross-NPM collaboration
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already occurring that could be expanded through this effort and serve as models for
additional initiatives include OCSPP's work with OSWER to extend the useful life of
solvents through revisions to the RCRA Definition of Solid Waste (DSW) rule. These
efforts also include reducing exposure from recycling processes; OSWER's and OCSPP's
collaboration on programs and standards across the lifecycle of electronics products; and
the agency-wide effort to promote sustainable practices in the design and operation of
sports venues; and promoting government-wide procurement of more sustainable
products and services.

Fostering the lifecycle approach with our stakeholders will highlight that waste materials
are commodities that can be utilized to grow key  industries and associated jobs. As a
commodity product, these materials will help prevent the U.S. from  draining virgin
resources - including fossil fuels,  minerals and precious metals - thereby promoting our
national security as well as creating economic benefits from  recycling.  The EPA will
continue to encourage safe, beneficial uses of materials that are protective of human
health and the environment. SMM requires the EPA to consider the human health and
environmental impacts associated with the full life cycle of materials—from raw
materials extraction, through transportation, processing, manufacturing, and use, as well
as reuse, recycling and disposal.

The EPA will continue to play an essential role in SMM by convening stakeholders,
providing credible science and information, providing transparent and public information,
promoting new ideas and approaches via challenges and recognition, and developing
standards. Through the involvement of the EPA, the principles of SMM and approaches
that favor SMM will be adopted more quickly at  a broad, national level by all sectors of
the economy. The EPA will focus on a small set of clearly articulated, results-driven
priorities that emphasize the principles of SMM and are well integrated with work in
other parts of the EPA (e.g., Pollution Prevention) and states.

The implementation of SMM is fundamental to ensuring that adequate resources are
available to meet today's needs and those of the future. In FY 2014, the RCRA program
will focus on the advancement of the SMM concept through the activities below.

Activities:
Headquarters and regions
   •   Convene meetings with parties who would otherwise not come together -
       industry, government representatives, non-profits and others - to pursue solutions
       to resource conservation and advance sustainable materials management;
   •   Implement targeted robust challenges to encourage participants to modify
       business practices to increase resource efficiency with demonstrable results;
   •   Develop and promote national solutions for waste management by working with
       state and local governments to develop infrastructure to better manage materials
       diverted from landfills and minimize disposal options by identifying and
       highlighting best practices;
   •   Collaborate with industry, government representatives, non-profits, and others to
       pursue innovative policies to incentivize SMM; and


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   •  Provide credible information and data by modifying the MSW Characterization
      Report.

More specific activity information for FY 2014 is provided in the Program-Specific
Guidance section on page 32 of this guidance.

Measures:  The ACS measures supporting this program are  SM2 and SMS.  New
Sustainable Materials Management Challenge participants need to submit baselines for
regions to count them toward measures SM2 and SMS.  These measures can be found on
page 1 of the attached measures appendix.
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                         CHEMICAL RISK MANAGEMENT

Description: In this era of constrained budgets, OSWER is evaluating ways to better
focus EPA's Emergency Planning and Community Right-to-know (EPCRA), the RCRA
hazardous waste permitting, and Risk Management Plan (RMP) programs to further
improve chemical safety and increase community and public awareness. Environmental
groups and others continue to push for more robust chemical risk management strategies.

Activities:
Headquarters
   •   EPA has initiated discussions with other federal agencies including the
       Department of Homeland Security and the  Occupational Safety and Health
       Administration, industry and several states to begin to evaluate various
       approaches to furthering our efforts to improve chemical safety.
   •   In the next four years, we will work to design and implement strategies that
       address chemical safety from a management system and process safety approach,
       such as expanding our high risk facility initiative for our oil and chemical
       program inspections, including the possibility of leveraging our resources with
       other EPA offices/other federal agencies; establishing a mechanism for improving
       our inspection reports and better identifying and communicating to industry
       chemical safety issues within the industry;  and engaging the public and private
       sectors in discussions and dialog in order to solicit ideas for improving chemical
       safety at chemical facilities.
   •   We will also continue to explore the option (working in close concert with a wide
       range of stakeholders) of making information on chemical facilities and their risks
       more readily available to local communities and the public.
   •   The RCRA national program will  work with state programs to the extent
       practicable, to ensure that they have provisions for handling unplanned waste
       from disasters and that facilities that manage non-hazardous and hazardous waste
       after a national emergency have the  appropriate controls and flexibility in place to
       receive and properly manage the unplanned waste, and that there are also
       incentives in place to ensure the appropriate reuse and recycling of these wastes
       whenever possible.
   •   Oversee progress towards the goal of preventing releases at 500 hazardous waste
       management facilities with initial  approved controls or updated controls by FY
       2015 resulting in the protection of an estimated 3 million people living within a
       mile of all facilities with controls.

Regions
   •   Continue to update and implement multi-year strategies to meet the annual  goal of
       100 additional waste facilities under initial or updated approved controls (RCRA
       Subtitle C permits) and the FY 2015 strategic goal.
   •   Oversee state issued permits to ensure progress toward meeting the permitting
       program goal of preventing releases at hazardous waste management facilities
       with initial approved controls or updated controls.
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   •   Update assessments of what is needed for each facility to achieve approved
       controls and update when each facility is projected to achieve approved controls.

Measures: The ACS measures CH2 and HWO that supports this program can be found
on pages 1-2 of the attached measures appendix.
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                      BROWNFIELDS AREA-WIDE PLANNING

Description: The Brownfields Area-Wide Planning (BF AWP) program provides
brownfields planning assistance in the form of grant funding to targeted areas - such as a
neighborhood, downtown district or local commercial corridor - that are affected by a
single large, or multiple, brownfield site(s). These community-level projects have been
part of an enhanced effort to benefit under-served and economically disadvantaged
communities.  Where brownfield sites are connected through location, infrastructure,
economic, social and environmental conditions, an area-wide focus can allow for a
coordinated, strategic, and more efficient approach to cleanup and area revitalization, which
will help achieve economies of scale and environmental improvements,

Receiving a BF AWP grant enables the recipient to develop community-supported reuse
plans for catalyst brownfield sites in the targeted area. As part of the brownfields reuse
planning process,  recipients must also develop strategies for plan implementation,
including identifying site assessment, cleanup, and other local improvements that are
protective of public health, environmentally responsible and economically viable.  The
BF AWP process  provides an opportunity for grant recipients to address environmental
justice concerns, promote sustainable and equitable development within the brownfields
project area, and seek leveraging  opportunities to help ensure successful reuse of the
brownfields.

Activities:
    •    Provide grant and ongoing project support to the recipients of BF AWP
       grants.
           o  Regions:  Regions should continue to provide targeted brownfields
              assessments (TB As) on brownfields properties that will help implement an
              FY 2010 grant recipient's brownfields area-wide plan.
           o  Headquarters and regions: Approximately 20 BF AWP grants will be
              awarded to recipients in FY 2013. These grants will be managed in the
              EPA's regional offices, with overall program support from the Office of
              Brownfields and Land Revitalization.
           o  Regions:  Where identified by the grant recipient as helpful and
              appropriate, the regional offices should 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 federal agencies (such as HUD, DOT, EDA,
              USD A, and ATSDR, as appropriate), states, tribes and local governments,
              to identify possible barriers and solutions for implementing the BF AWP
              projects.
           o  Regions:  When needed, regions  should provide TEA assistance for
              catalyst sites during the FY 2013 BF AWP process. TBAs will provide a
              grant recipient with important information about the amount of cleanup
              needed at a brownfield site, which will help with site reuse planning and
              plan implementation.
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•  Continue to work with the HUD-DOT-EPA Partnership for Sustainable
   Communities (PSC) to coordinate project efforts and align resources to help
   with BF AWP plan development and implementation.

Headquarters and regions
       o   All BF AWP proj ects are part of the HUD-DOT-EPA PSC.
       o   EPA Brownfields and Land Revitalization staff should fully utilize the
          PSC networks that have been created in the regions and HQ to support the
          BF AWP projects and share information that may be useful to plan
          development and implementation.
       o   EPA will continue to work through the PSC towards better alignment of
          federal resources around the common six livability principles (see
          http://www.sustainablecommunities.gov/aboutUs.htmltf2) to help enable
          brownfields area-wide plan implementation.

•  The EPA will share examples, as available, with recipients who have
   leveraged resources for implementation in support of their BF AWP
   projects.
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Program-Specific Guidances

                        SUPERFUND REMEDIAL PROGRAM

Description: The Superfund Remedial program protects the American public and the
nation's resources by assessing and cleaning up some of the most contaminated sites in
the United States. As a result, communities are safer, healthier, and more economically
viable. The agency's actions also protect and restore the nation's valuable groundwater
and surface water resources.  Cleanup activities include characterizing the degree and
scope of contamination from releases to the environment, developing cleanup strategies,
designing and constructing remedies, and conducting long-term operation and monitoring
of certain remedies.

To further OSWER's efforts supporting agency environmental justice (EJ)3 goals, the
Superfund Remedial program continues to  implement actions which build capacity to
engage communities in decision-making throughout the Superfund cleanup process. In
addition to new activities resulting from the 2012-2014 OSWER EJ Workplan, long-
standing programs addressing environmental justice and expanding the conversation on
environmentalism are outlined in the Activities section below.

The Superfund Remedial program will also maintain work with regions to ensure
regional consistency in meeting EPA's tribal consultation policy, and in evaluating
cleanup issues at tribal sites.  Seeking to expand the Tribal Superfund Working Group
(comprised of tribal environmental professionals), the Remedial program will further
involve them in Superfund activities and will continue working with regional Superfund
Tribal Coordinators. To address the addition of the vapor intrusion component to the
Hazard Ranking  System (HRS), the Remedial program will continue to consult with
tribes, if that activity is still ongoing in FY 2014.

The Superfund Remedial program has been involved in leading and implementing several
Action Items under the Community Engagement Initiative (CEI)4 and continues to work
toward implementing programs which build capacity to engage communities in decision-
making throughout the Superfund cleanup process. The Remedial program plans to
continue several  activities that support the CEI in FY 2014 which are outlined below.
Regarding a  separate strategy, the Superfund remedial program's efforts supporting
OSWER's Integrated Cleanup Initiative can be  found under the National Area of Focus,
"Advancing  Superfund Remedial Cleanup," on page 8 of this guidance.

Activities:
Headquarters
   •   Support job training in communities affected by Superfund sites and encourage
       the employment of trainees at local  site cleanup field through the Superfund Job
       Training Initiative (SuperJTI).
3 OSWER's Environmental Justice efforts are described more broadly in the EJ program section of this
guidance.
4 More detail on OSWER's CEI is provided as a section in the National Areas of Focus.
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   •   Build technical capacity in small and minority-owned business through the
       Superfund Small Business Capacity Building Initiative5 and ensure
       implementation of the Contracts 2010 goal of increasing socio-economic
       participation in Superfund contracting.
   •   Deliver training for Superfund staff to meaningfully engage with communities by
       delivering courses through the Community Involvement University (CIU) and the
       National Association of Remedial Project Managers (NARPM, and supporting the
       EPA National Community Involvement Training Conference.
   •   Implement the revised "Risk Communication Tool" (which includes a risk
       communication glossary) in the Superfund Community Involvement Toolkit.
   •   Train Community Involvement Coordinators on the revised "Community
       Interviews Tool" in the Superfund Community Involvement Toolkit.
   •   Complete the "Community Profile Tool" in the Superfund Community
       Involvement Toolkit.

Headquarters and regions
   •   Provide technical assistance to communities by issuing Technical Assistance
       Grants (TAGs) and delivering services through the Technical Assistance Services
       for Communities (TASC) contract. In some cases the TASC contract will be made
       available to non-Superfund programs.
   •   Revitalize communities and ensure the long-term protection of human health and
       the environment by working with local governments, residents, reuse entities, and
       others to identify reasonably anticipated future land use through the Superfund
       Redevelopment Initiative (SRI).
   •   Focus on the ongoing exchange of best practices for regional consultation with
       tribes at the Tribal Superfund Working Group and the annual Tribal Lands and the
       Environment Forum.
   •   Offer formal consultation on the HRS vapor intrusion rule, if the effort is still
       ongoing in FY 2014.
   •   Work with OSWER program offices to expand the Partners in Technical
       Assistance Program (PTAP) beyond the pilot phase. Through PTAP,  colleges,
       universities, and nonprofit organizations cooperate with EPA and voluntarily
       commit to assist communities with their unaddressed technical assistance needs.
       Information about the PTAP pilot is currently available to Superfund Research
       Program (SRP) grantees, as well  as EPA staff.
          o  Include potential colleges, universities, and nonprofit organizations as
             partners (Headquarters only).
          o  Establish a public PTAP website (Headquarters only).
   •   Transition to electronic Superfund information repositories
          o  Complete an update to the "Information Repositories Tool" in the
             Superfund Community Involvement Toolkit (Headquarters only)
5 For more information about the Superfund Small Business Capacity Building Initiative, please see:
http: //clu-in .org/smallbusine ss/

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          o  Collaborate with EPA regional records managers and headquarters staff
             during the transition to electronic tools to make administrative record files
             and other relevant site documents available to the public online.
   •   Implement specific actions under OSWER's Climate Change Adaptation Plan,
       scheduled to be completed in June 2013, to more fully integrate climate change
       adaptation planning into core programs.

Headquarters, regions and tribes
   •   Increase tribal membership in the Tribal Superfund Working Group and increase
       the number of, and encourage more depth of discussion during, tribal conference
       calls.

Details on Rules and Guidances being Developed or Implemented:

Propose/Finalize Hazard Ranking System (HRS) Subsurface Intrusion Rule
   •   The HRS subsurface intrusion rule is anticipated to allow for sites with vapor
       intrusion contamination to be evaluated for placement on Superfund's National
       Priorities List (NPL). This enhancement of the HRS addresses issues related to
       the intrusion of hazardous substances, pollutants, and contaminants into
       structures.
   •   Assuming that the rule is proposed in the Spring of 2013 and finalized in the
       spring of 2014, we will focus our efforts on the implementation of the rule.

Finalize OSWER-Wide Vapor Intrusion (hazardous and petroleum-related) Guidance
   •   The guidance  on vapor intrusion will address recommendations in a 2009 OIG
       report to update significant portions  of a 2002 draft vapor intrusion guidance.
   •   The final guidance is anticipated to include updated toxicity values,
       recommendations to use multiple lines of evidence in risk management decisions,
       describe effective remediation strategies and when institutional controls are
       appropriate.
   •   States, local governments and other stakeholders have expressed a need to finalize
       this guidance to establish a national consistency in addressing vapor intrusion.

Measures: The following ACS measures support this program:  122, 131, 141, 151, 152
and S10. These measures can be found on page 3 of the attached measures appendix.
Performance goals and measures for the Superfund Federal Facilities Response program
are a component of the Superfund Remedial program's measures.
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              SUPERFUND FEDERAL FACILITY RESPONSE PROGRAM

Description: EPA's Superfund Federal Facility Response program oversees and provides
technical assistance for the protective and efficient cleanup and reuse of federal facility
sites.  EPA's oversight authority, primarily exercised at National Priority List (NPL)
sites, provides a review of federal cleanups which ensures that work being conducted by
other federal agencies is in agreement with site cleanup plans and is protective of human
health and the environment. OSWER's Federal Facilities Restoration and Reuse Office
(FFRRO) is responsible for activities such as: 1) reviewing and approving site cleanup
documents; 2) participating in site meetings with affected communities; 3) making final
remedy selection decisions at NPL sites; and 4) monitoring remediation schedules as
outlined in the Federal Facility Agreements (FFAs).

For FY 2014, the Superfund Federal Facility Response program will focus on several
critical ongoing efforts. Under the Federal Facilities Site Evaluation Project (FFSEP),
over 500 federally-owned sites have been evaluated where the site assessment or cleanup
status was unknown or undocumented (http://www.epa.gov/fedfac/ffsep/index.htm).  The
goal of the FFSEP is to document the status of the  sites and to reinvigorate the
assessment and evaluation process if a site is determined to be stalled or undocumented.
The Federal Facilities program also is undertaking an  effort to streamline and
modernize the process for producing the Federal Agency  Hazardous Waste Compliance
Docket using currently available technologies (i.e., electronic docket or E-Docket).
Presently, the publication of the current Docket requires an extensive manual operation to
identify, verify, and validate that a site under the jurisdiction, custody, and control of the
Federal Government has had a release to the environment and qualifies to be added to the
inventory of federal facilities envisioned by Congress.  Additionally, the Superfund
program is modernizing its data system by developing the Superfund Enterprise
Management System (SEMS) to replace its current data information system.  SEMS is a
new investment which will transform the Superfund program by improving operational
effectiveness, reducing costs, streamlining business processes, and enhancing information
management capabilities. SEMS will integrate three primary Superfund data collection,
reporting, and tracking systems into a single system which will meet immediate and
strategic needs.

The Department of Defense's (DoD) military munitions response sites on the NPL
contain unique chemical  and explosive compounds and present cleanup challenges, such
as underwater munitions.  EPA supports DoD's development of new technologies to
streamline munitions cleanups. The newly emerging classification technology may save
DoD significant resources over conventional technologies and accelerate cleanup of sites,
but will require more extensive EPA oversight to ensure protectiveness.

Additionally, OSWER is developing a Climate Change Adaptation Implementation Plan
which will be finalized in June 2013. In FY 2014,  regions and HQ  programs will
implement specific actions to more fully integrate climate change adaptation planning
into its core programs.
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Activities:
Headquarters
   •   The next phase of the FFSEP (Phase 2) focuses on the federal facility Other
       Cleanup Activities (OCA) and No Further Remedial Action Planned (NFRAP)
       sites and those sites flagged in CERCLIS as "not a valid site" that were not a
       focus of the first phase of the project.  The purpose of Phase 2 is to ensure that the
       determinations made at the site are still appropriate based on current site
       conditions.  Headquarters is currently piloting these efforts but regional
       participation will be required as the project matures.  These efforts may lead to an
       increase in the number of federal facilities requiring additional assessment.
   •   EPA will finalize the E-Docket to more efficiently meet its statutory obligation to
       publish the inventory  of federal sites which have released hazardous substances
       into the environment.
   •   EPA plans to finish development and release SEMS.
   •   EPA will strengthen oversight and provide technical assistance, as appropriate, at
       DoD military munitions response sites on the NPL.

Measures: The Superfund Federal Facilities Response program contributes to the
following overall Superfund Remedial program measures: ACS 122, 131, 141, 151, 152
and S10. These measures can be found on pages 2-3 of the attached measures appendix.

The program also is implementing the new ACS measure FF1, "Percent of Superfund
federal facilities construction complete."  This new percent construction complete
measure will provide a more detailed view of site cleanup progress at federal facility site
on the NPL. Similar to the overall Superfund program's remedial action project
completion measure, the new federal facilities percent construction complete measure
reflects progress being made  at Superfund NPL sites.

The percent of Superfund federal facilities construction complete measure will be based
on the average of three specific site factors: 1) Operable Unit (OU) percent complete; 2)
Total  actions percent complete; and 3) Duration of actions percent complete. Each factor
will have its own percentage and the three percentages will be averaged for a site-specific
percentage. Then, all site-specific percentages will be averaged and used as the national
target/result. EPA's yearly target will be an estimated net increase in the  national % CC
number for NPL federal facility  sites. Results for this new measure will be calculated at
the national level by FFRRO  with the benefit of regional data entered into SEMS.
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               EMERGENCY RESPONSE AND PREVENTION PROGRAM

Description:  OSWER's Emergency Response and Prevention program will continue to
prepare for, prevent and respond to environmental incidents. Core activities include
emergency response and removal actions, the Core National Approach to Response
(NAR) evaluation and inspections of regulated oil and chemical facilities under the Clean
Water and Clean Air Acts.  The Clean Water Act requires owners or operators of
facilities that have a reasonable expectation to discharge oil to navigable waters or
adjoining shorelines to prepare Spill Prevention,  Control and Countermeasure (SPCC)
Plans.  A subset of SPCC-regulated facilities must also prepare Facility Response Plans
(FRPs) if they have the potential to cause substantial harm to the environment.  The
Resource Conservation and Recovery Act (RCRA) requires large quantity generators;
and permitted treatment, storage, or disposal facilities to prepare a hazardous waste
Contingency Plan and to make prior arrangements with local authorities in case of an
emergency. The Clean Air Act (CAA) Section 112(r), EPCRA and RCRA programs aim
to prevent serious chemical accidents, minimize the consequences of accidents that occur,
and provide chemical hazard and risk information to the public.

Activities:
Headquarters and regions
   •   The Emergency Response and Removal program will continue to complete and
       oversee removal actions with an emphasis on collecting required data elements
       including site type, volume, contaminant and contaminant of concern.
   •   In FY 2012, OEM convened a workgroup with regional laboratories that have
       established chemical warfare agent (CWA) analytical capabilities with the goal of
       determining whether or not consolidation of laboratory capabilities would
       maximize resources. In FY 2013, consolidation options were explored, and in FY
       2014, EPA will continue to work with regional laboratories to determine the best
       course of action for maximization of laboratory resources.
   •   EPA will continue evaluation of On-Scene Coordinator (OSC) resources based on
       needs and responsibilities of the regions in the context of a possible plan to
       redistribute regional OSC allocations EPA will work with the regions to develop
       response stories that highlight significant removal and response actions and their
       benefits.  Each region will submit a story on a quarterly basis,  and these stories
       will be used as part of both external and internal communication efforts.
   •   EPA will continue evaluating emergency response readiness through its annual
       Core NAR evaluation.
   •   EPA will conduct Core NAR, revised to reflect lessons from FY 2013, including
       updated Core Chemical Biological Radiological Nuclear (CBRN) and exercise
       materials.
   •   EPA will continue readiness assessments conducted by back-up region(s), with
       appropriate modifications based on experience in Core NAR for FY 2013.
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   •   EPA will continue to evaluate RCRA facilities compliance with preparedness,
       prevention, and planning requirements.
   •   EPA will implement specific actions under OSWER's Climate Change Adaptation
       Plan, scheduled to be completed in June 2013, to more fully integrate climate
       change adaptation planning into core programs.

Regions
   •   As part of a broader strategy to expand high-risk facility initiatives focused
       chemical and oil safety, focus on high-risk SPCC and FRP facilities, as defined by
       the program's high-risk inspection targeting procedures.
   •   Use and maintain the national SPCC and FRP Oil Database Application as the
       official database of record for EPA inspection activities.
   •   Maintain the number of SPCC inspections conducted nationally during FY 2014
       at approximately the same level as FY 2012. OEM will coordinate with regions to
       tailor individual regional goals to work toward this national goal and to develop a
       metric for future annual SPCC inspections. Approximately 30% of these SPCC
       inspections nationally should be conducted at high-risk facilities, as defined by
       the program's high-risk targeting procedures.
   •   Implement the closing conference procedures for the SPCC program.
   •   Conduct informal enforcement  activities to support the return to compliance
       measure in accordance with established OEM policy.

Regions and delegated state and local agencies
   •   Inspect at least 4 percent of the total number of RMP-regulated facilities in the
       region during FY 2014. Of these inspections, at least 36 percent should be
       conducted at high-risk RMP facilities, using the list derived from established high
       risk criteria and provided by headquarters to regional offices at the beginning of
       the fiscal year. Regional program managers may, after consultation with and
       approval by headquarters, alter the population and/or hazard index thresholds for
       their region in order to include additional facilities on the regional high-risk list.
   •   Conduct all RMP inspections in accordance with "Guidance for Conducting Risk
       Management Program Inspections Under Clean Air Act Section 112(r)" (EPA
       550-K-l 1-001, January, 2011).
   •   All inspections at RMP facilities with Program 2 and/or 3  processes must evaluate
       a facility's compliance with some or all of the accident prevention and emergency
       response program requirements of Subparts C, D and E of 40  CFR Part 68, in
       addition to evaluating compliance with other 40 CFR Part 68  requirements as time
       and resources allow. For inspections at multi-process or high-risk facilities,
       conduct inspections where the field portion of the inspection involves the
       appropriate number of inspectors/technical experts and time to evaluate the RMP
       program compliance and chemical safety at the facility, as stated above. For
       inspections at larger and more-complex facilities, regions  should devote
       additional staff and/or time as appropriate to the size and complexity of the
       facility.
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    •   Produce a narrative inspection report for each inspection that includes the
       information elements described in Appendices C and D of the inspection
       guidance, and include narrative findings (i.e., potential compliance deficiencies)
       that are supported by objective facts gained through document reviews, personnel
       interviews, and observations of facility and equipment status, conditions and
       operations. All findings should relate directly to a specific requirement of C AA
       Section 112(r), 40 CFR Part 68 or an industry code or standard applicable to the
       subject facility. Regions may use variations of the report or checklist formats
       contained in the inspection guidance, provided all necessary information is
       present in the inspection report. Make inspection reports available to
       headquarters upon request.
    •   As appropriate, evaluate facility compliance with EPCRA sections 304  and
       311/312 and CERCLA section 103 during all RMP inspections.At the end of the
       fiscal year, report the number of high-risk facility inspections completed, as well
       as the total number of RMP non-filer investigations completed and of that total,
       the number of actual non-filers identified and required to comply with the RMP
       regulations.
    •   Limit inspections that pertain exclusively to the CAA Section 112(r)(l) General
       Duty Clause or identifying RMP  non-filers to 10 percent of the total number of
       inspections (EPA headquarters will re-evaluate this percentage limit on a per
       region  basis in the event that special issues arise).
    •   Limit inspections that pertain exclusively to the CAA Section 112(r)(l) General
       Duty Clause to  10 percent of the total number of inspections (EPA headquarters
       will re-evaluate this percentage limit on a per region basis in the event that special
       issues arise).
    •   Inspect RMP facilities where RMP-qualifying accidents occur during the fiscal
       year no later than 6 months after the accident. Accidents involving deaths, severe
       injuries or significant community or environmental impacts should receive the
       highest inspection priority.  During these inspections, regional inspectors should
       pay particular attention to ensure that facilities have conducted an appropriate
       incident investigation, prepared an investigation report, taken appropriate and
       timely  corrective actions, and updated the facility's risk management plan to
       reflect  any changes resulting from the investigation and any new information
       required to be reported in the facility's five-year accident history.

Details on Rules being Developed or Implemented:

Propose/Finalize Revisions to Subpart J Rule
    •   The Subpart J rule, when finalized, is expected to update the efficacy, toxicity,
       environmental fate and monitoring of dispersants and other chemical agents
       regarding the authorization and use of such agents on oil spills. This rulemaking
       effort was triggered in part by the unprecedented surface and sub sea use of
       dispersants during the Deepwater Horizon oil spill.
    •   Assuming that the rule is proposed in early 2013 and finalized in early 2014, we
       will focus our efforts on the implementation of the rule.

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Measures: The following ACS measures supporting this program can be found on
page 2 of the attached measures appendix:  132, 133, 327A, 328A, CH2 and Cl.
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              BROWNFIELDS AND LAND REVITALIZATION PROGRAM

Description:  EPA's Brownfields and Land Revitalization program emphasizes
environmental and human health protection in a manner that stimulates economic
development and job creation by awarding competitive grants to assess and clean up
brownfield properties and providing job training opportunities, particularly in
underserved communities. The program aims to reduce risk to human health and the
environment by making communities safer and healthier, restoring groundwater to
beneficial uses, protecting other natural resources, and promoting reuse of formerly
contaminated  sites. The program also will implement specific actions under OSWER's
Climate Change Adaptation Plan, scheduled to be completed in June 2013, to more fully
integrate climate change adaptation planning into core programs.

Activities:
•  Award and manage the FY 2014 Assessment, Revolving Loan Fund and  Cleanup
   (ARC) Grants.
       o  States and eligible entities: May apply for grants to be used to address sites
          contaminated by petroleum and hazardous substances, pollutants, or
          contaminants (including hazardous substances co-mingled with petroleum).
       o  Regions:  Manage the Brownfields Assessment Grants (each funded up to
          $200,000 over three years; coalitions are funded up to $600,000 over  three
          years), Brownfields Revolving Loan Fund (RLF) Grants (each funded up to
          $1,000,000 over five years) and Brownfields Cleanup Grants (each funded up
          to  $200,000 over three years).
       o  Regions: Following HQ guidance to be provided, work to assure the quality of
          grantee provided leveraging data and to report that data in a consistent way
          across projects.
       o  States, eligible entities and regions: Work closely to place funding on projects
          that demonstrate, among other things, strong leveraging capability.
       o  Headquarters:  Continue to work on the grant award and administration
          efficiencies consistent with the new guidances from OARM on grant
          efficiencies. Attempt to commence larger grant competitions earlier,  so that
          selections can happen and grant application packages can begin being
          processed during the third quarter of the fiscal year.  Work has already begun
          on the FY 2014 Brownfields ARC guidelines which will allow us to have
          them ready for posting in July/August 2013.
       o  Headquarters and regions: Continue to work with small communities to
          encourage them to apply for and be successful at managing ARC grant
          funding.
•  Conduct Targeted Brownfields Assessments (TEA)
       o  Regions: Manage regional TEA process for selecting and prioritizing sites
          transparently, and target funding towards small and rural communities that
          may not have the capacity to manage a competitive assessment grant and/or
          are not competitive receiving assessment grant funding. Also, target funding
          towards communities impacted by economic disruptions (e.g. auto sector
          communities, or communities affected by plant closures) and Brownfields


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       Area-Wide Planning grant recipients who need funding to start implementing
       their plans.
Award and manage the FY 2013 Brownfields Area-Wide Planning (AWP)
Grants.
   o   States and eligible entities: May apply for grants used by communities to
       facilitate community involvement in developing an area-wide plan for
       brownfields assessment, cleanup and subsequent reuse on a catalyst site and
       other high-priority brownfield sites.
   o   Regions:  Manage the AWP grants that are funded up to $200,000 for two
       years.
   o   States, eligible entities and regions: Work closely to help implement the
       outcomes and products from the FY 2010 AWP Pilot Grants.
Include brownfields assistance in the HUD-DOT-EPA Partnership for
Sustainable Communities (PSC) effort to align resources to better serve
communities and enhance fiscal responsibility.
   o   EPA's Brownfields Program is part of the HUD-DOT-EPA PSC and is
       working with several offices at HUD, DOT and EPA to coordinate our actions
       and align  our programs with a common  set of six livability principles. The
       livability principles guide the EPA, HUD and DOT in its efforts to coordinate
       environmental protection, housing investments, and federal transportation
       policies, as well as other infrastructure investments to protect the
       environment, promote equitable development, and help to address the
       challenges of climate change. (Learn more about the six livability principles
       http ://www. sustainablecommunities. gov/)
   o   In the Brownfields ARC and Area-Wide Planning grant programs, EPA's
       guidelines provide for special consideration for PSC grant recipients or their
       core partners. This means as proposals are ranked and selected for award by
       EPA, EPA's  Selection Official may also consider awarding grant funds to an
       applicant that may also have been selected for a PSC grant.
   o   States: May coordinate brownfields planning efforts with PSC and
       Brownfields  program grant recipients and consider aligning state resources
       and investments where appropriate.
   o   Regions: Regional brownfields and land revitalization programs should
       coordinate with  regional HUD-DOT-EPA Partnership programs on each BF
       AWP project (and other brownfields projects where appropriate) and
       participate in the regional dialogue on how to align resources to these
       brownfields communities.
Allocate funding and manage the CERCLA 128(a) State and Tribal Response
Program.
   o   States, tribes and territories:  May request support to establish and enhance its
       Response programs that will manage and oversee environmental assessment,
       clean up and long term stewardship activities.
   o   Headquarters and regions: Ensure funding is available and provided to states,
       tribes, and territories that demonstrate on the ground results and support for
       communities that are economically distressed and that lack the capacity to
       manage environmental response activities.


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   o   States, tribes, territories and regions: Work closely to implement workplan to
       establish and enhance its Response program.
Expand Job Training Opportunities in the Environmental Field
   o   Support non-profit organizations and other eligible entities through
       Environmental Workforce Development and Job Training (EWDJT)
       cooperative agreements.
   o   States and eligible entities: May apply for funds that will provide
       communities flexibility in meeting their local environmental labor market
       demands.
   o   Headquarters: Continue to partner with OCSPP and OW,to allow for a
       broader array of environmental health and safety and remediation training
       and continue to identify other opportunities for supporting multi-appropriation
       training with OAR and other National Program Managers.
   o   States, eligible entities and regions:  Collaborate to support training across
       other OSWER programs, including  graduate placements in solid waste,
       Superfund, emergency response, and underground storage tank removal and
       leak prevention careers.
   o   As a result of recommendations raised by the EPA's Office of the Inspector
       General, OBLR will work more closely with OSRTI and OEJ to avoid
       potential duplication of environmental job training programs.
Advance Environmental Justice and Institutionalize Community Engagement
Initiative (CEI) Activities in Brownfields-Affected Communities
   o   Headquarters: Integrate the use of EJ SCREEN in the Brownfields Program
       by providing outreach and technical assistance to communities with
       cumulative environmental impacts and demographic indicators of need.
   o   Headquarters: Continue to provide  outreach to Historically Black Colleges
       and Universities (HBCUs) and Minority Academic Institutions (MAIs) about
       funding opportunities offered through the Brownfields Program, including
       brownfields cleanup and environmental workforce development and job
       training grants.
   o   Headquarters: Continue to identify  ways to ensure meaningful community
       involvement through awarded grant community involvement plans and
       through the evaluation of grant proposals.
   o   Headquarters: Continue to raise awareness  about the importance of
       integrating equitable development into brownfields cleanup and assessment
       projects.
Continue to support brownfields communities via Technical Assistance to
Brownfields Communities (TAB) grants
   o   Headquarters and regions: Manage  TAB grants which provide technical
       assistance to communities across the nation to help them deal effectively with
       their brownfields sites, build their capacity so they are able to develop strong
       brownfields programs, and identify  funding resources to maintain sustainable
       brownfields programs, especially in small, rural, and tribal communities.
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•  Continue to support land revitalization by supporting OSWER RePower
   Initiative
       o  Headquarters and regions: RCRA Corrective Action (CA) program will
          coordinate with the Superfund Brownfield and Land Revitalization Program
          to use RePower to identify and advance reuse of contaminated properties
          subject to CA as renewable energy sites. Both programs will continue to
          support RePowering Americas Land Initiative specifically by implementing
          the revised OECA/OSWER lessee guidance, providing comfort letters as
          appropriate on a site-specific basis, and other technical assistance, to facilitate
          the reuse of contaminated properties.

Measures: The following ACS measures support this program: B29, B32, B33, B34
and B37. These measures can be found on page 1  of the attached measure appendix.
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                     SUSTAINABLE MATERIALS MANAGEMENT

Description: Sustainable Materials Management (SMM) is an approach to reduce
negative environmental and societal impacts across the life cycle of materials from
resource extraction, manufacturing, use, reuse, recycling and disposal. 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.

OSWER supports looking at environmental challenges with a whole-systems approach,
leveraging cross-program efforts and tools, and collaborating within EPA  and with
external parties and stakeholders. Thus, OSWER's approach reflects an emphasis on
sustainability in meeting today's complex challenges for protecting human health and the
environment as One EPA.

Under SMM, EPA has developed and implemented strategically targeted programs with
national impact.  In FY 2014, our annual goal  is to increase the tons of materials  and
products offsetting use of virgin resources through sustainable materials management to
8.6 million.  Priority areas and activities for the SMM program are listed below.

Activities:
Headquarters and regions
   •   Showing results in the three SMM challenge areas by maintaining  a predominant
       national focus on Sustainable Food Management, Greening the Federal
       Government, and Used Electronics Recycling:
          o   The Office of Resource Conservation and Recovery  (ORCR) and  the
              regions will emphasize activities and strategies that focus on the retention
              of active target sector participants and recruitment of appropriate numbers
              of new target sector participants.
          o   In the Electronics area, ORCR  will also lead implementation of certain
              commitments of the National Strategy for Electronics Stewardship
              (Headquarters only).
   •   Providing technical assistance, information sharing, and support for state  and
       local SMM efforts,  as determined during FY 2013, including:
          o   Implement the next steps associated with the local SMM pilots as
              determined in FY 2013.
          o   Implement next steps  identified in FY 2013 for maintaining state SMM
              tool.
          o   Identifying and highlighting best practices via the web.
          o   Support for  state and local efforts to develop and implement Zero Waste
              programs.
   •   Measuring and characterizing municipal solid waste in the U.S.
   •   Encouraging beneficial use of industrial materials in a manner that is protective of
       human health and the environment through development of appropriate tools.
       Appropriate regional roles for encouraging beneficial use will need to be
       identified. This work will be coordinated with the CCR beneficial use efforts.


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   •  Determining appropriate next steps to expand SMM activities to other areas.
   •  Explore collaboration with stakeholders and industry to advance sustainable
      materials management, develop resource conservation solutions, and pursue
      innovative policies to incentivize SMM.

Measures:  The ACS measures supporting this program are SM2 and SMS. New
Sustainable Materials Management Challenge participants need to submit baselines for
regions to count them toward measures SM2 and SMS. These measures can be found on
page 1 of the attached measures appendix.
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    PROTECTING COMMUNITIES THROUGH PERMITTING OR OTHER APPROVED
      CONTROLS AND SUPPORT TO TRIBAL WASTE MANAGEMENT PROGRAMS

Description:  The RCRA and TSCA polychlorinated biphenyl (PCB) permitting and
approval programs protect people and ecosystems from exposure to dangerous chemicals.
EPA also provides support to tribes to develop and implement solid and hazardous waste
management programs.

Activities:
Headquarters
   •   ORCR will oversee and support progress towards the goal of preventing releases
       at 500 hazardous waste management facilities with initial approved controls or
       updated controls by FY 2015 through targeted technical assistance (i.e., financial
       assurance) and coordination activities.
   •   EPA also will implement relevant activities contained in the 2012-2014
       Environmental Justice Workplan including the continued analyses of the
       applicability of EJSCREEN for the RCRA permitting program and supporting of
       Environmental Justice in Permitting Workgroup.
   •   By the end of FY 2013, ORCR expects to finalize guidance on Extending,
       Shortening or Ending the Post Closure Care Period for Hazardous Waste
       Disposal Facilities Under Subtitle C of RCRA. In FY 2014, ORCR will work with
       regions and states to implement the guidance, including  providing public
       information about the guidance, identifying facilities where the post closure care
       period needs to be reconsidered, and sharing results concerning site specific
       approaches and decisions.
   •   ORCR will continue to issue PCB approvals that are designated by regulations
       under 40 CFR Part 761 to be issued by EPA headquarters (e.g., for mobile PCB
       treatment units operating in more than one region).
   •   ORCR is developing a national database that will track when and how many
       TSCA PCB cleanup  and disposal approval requests are submitted to EPA, and
       when and how many TSCA PCB cleanup and disposal approvals are issued by
       EPA. If pilot projects are implemented in FY 2014, regions should support this
       effort by entering the appropriate data.
   •   EPA's main tribal solid waste priority, intended to address the most pressing
       waste-related environmental issues in Indian country, is  the promotion of
       sustainable tribal waste management programs through the development and
       implementation of Integrated Waste Management Plans  (IWMPs).
   •   The EPA Agency-Wide Plan to Provide Solid Waste Management Capacity
       Assistance to Tribes  (the Plan) discusses this priority in detail.
   •   During FY 2014, EPA will implement the action items contained in the Plan,
       which EPA expects to finalize and issue in FY 2013.

Regions
   •   Continue to update and implement multi-year strategies  to meet the annual goal of
       100 additional waste facilities under initial or updated approved controls and the
       FY2015 strategic goal.


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   •   Update assessments of what is needed for each facility to achieve approved
       controls and make corresponding changes as to when each facility is projected to
       achieve approved controls.
   •   Continue to ensure that regions and states are making progress towards decreasing
       the backlog of renewals and getting interim status operating facilities under
       approved controls.
   •   Ensure data in RCRAinfo Reports reflect accurate information.
   •   Implement the EJ Regional Implementation Plan for EPA issued permits.
   •   Continue to issue approvals for PCB storage,  treatment and disposal, as required
       under 40 CFR Part 761.
   •   Regions should continue to provide technical  assistance to tribes that are
       developing and implementing their IWMP.
   •   Regions and states should work with facilities during the permit renewal process
       to ensure the effectiveness of their on-site security plans in preventing
       unauthorized access to the site and to hazardous materials.
   •   Promote Best Practices to Enhance Coordination in the RCRA Program
       (February 2012), where and when applicable, so that permits are easier to
       implement, are more enforceable, and result in improved environmental
       outcomes.

Measures:  The ACS measures supporting this program are HWO and TR1. These
measures can be found on pages 1 and 2 of the attached measures appendix.
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          CLEANING UP CONTAMINATED SITES AND PROMOTING REUSE
Description:  The RCRA corrective action and TSCA polychlorinated biphenyl (PCB)
programs are responsible for overseeing and managing facility cleanups that protect
human health and the environment. EPA and its partners continue to encourage and
facilitate the safe reuse of RCRA corrective action sites, a vital goal of cleanups. Under
the RCRA corrective action program, EPA's aspirational goal is to achieve 95 percent
completion for three strategic goals by the end of FY 2020 and to reach specific
percentages for them by FY 2015.

Activities:
Headquarters  and regions
   •   In FY 2014, EPA will implement changes to targets, workload and/or resources in
       response to the results of our FY 2013 analysis of the corrective action program.
       This analysis focuses on the resources needed to reach our short and long term
       goals for corrective action facilities.
   •   Regions will continue to assess their non-2020 workload, by completing the Phase
       I work from FY 2013 and, if decided, conducting Phase II work in FY 2014.
   •   To assist with achieving the FY 2015 corrective action goals, the National
       Enforcement Strategy for Corrective Action (NESCA) was developed to provide a
       framework for strategically using enforcement where needed.
   •   ORCR encourages states and regions to document and report when corrective
       action sites meet the "Ready for Anticipated" RAU milestone - which means they
       are protective for human health for the next anticipated use, and any required
       institutional controls are implemented.
   •   ORCR is  advocating the use of 761.61(c) and 761.62(c) risk-based cleanups and
       disposals  to address large, complex, and challenging sites.  The use  of risk-based
       approaches facilitates the coordination of PCB cleanups with RCRA and
       Superfund cleanups and decision-making. Risk-based approaches also allow for
       better coordination and worksharing with state cleanup programs, where feasible.
   •   ORCR encourages regions to coordinate TSCA PCB cleanups with  other cleanup
       programs. In addition to formal and informal worksharing, the coordinated
       approval (under 761.77) is a viable option that HQ encourages regions to consider
       when appropriate.
   •   ORCR will work to clarify the approach for determining the regulatory status of
       PCB sediments in order to remove impediments to and reduce costs of PCB
       cleanups under Superfund and other regulatory programs.
   •   ORCR will continue to provide opportunities to communities under the Technical
       Assistance Services for Communities (TASC) program. During FY 2014, EPA
       will assess the need to modify current corrective action program guidance as it
       relates to  enhancements made during FY 2013 by the Community Engagement
       Initiative. Also during FY 2014, regions will be encouraged to utilize the guide
       on "Tailoring Community Engagement Activities at RCRA Corrective Action
       Sites" that is currently under development.
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   •   In FY 2014, EPA will also implement relevant activities contained in the 2012-
       2014 Environmental Justice Workplan including the continued analyses of the
       applicability of EJSCREEN for corrective action purposes.
   •   Regional and HQ programs will implement specific actions under OSWER's
       Climate Change Adaptation Plan, to be completed in June 2013, to more fully
       integrate climate change adaptation planning into its core programs.
   •   Regions will continue to issue cleanup approvals as required under 40 CFR Part
       761.

Measures: The ACS measures supporting this program are CA1, CA2, CAS, PCI, PC2,
PCS and TR2. These measures can be found on pages 1-3 of the attached measures
appendix.
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   PROTECTING COMMUNITIES THROUGH RCRA REGULATORY AND GUIDANCE
                                   ACTIONS

Description:  Although EPA has a comprehensive regulatory framework in place to
prevent exposures to contaminants from MSW and hazardous wastes, and is constantly
working to keep that framework current, there are always new areas of concern or
potential concern that need to be assessed. New technologies, such as nanotechnology or
biotechnology, and new organic and inorganic chemicals have emerged and present
additional  challenges to the RCRA program.  The RCRA regulations also provide a
structure to safely manage the additional, and often more concentrated, pollutants being
removed from our air and water by current advances in environmental pollution controls.
Thus, there are potential gaps in the RCRA regulations that could impact the level of
protection they provide. Some of these gaps are identified through petitions for
regulatory amendments.

In FY 2014, ORCR intends to move forward on developing and implementing key rules
and guidances that will advance OSWER's environmental objectives. Such rules include
the upcoming Definition of Solid Waste (DSW), the Non-Hazardous Secondary Material
(NHSM), the CERCLA section 108(b) Financial Responsibility, the Coal Combustion
Disposal, and the RCRA Carbon Sequestration rules, and the vapor intrusion guidance.
ORCR will continue to coordinate with other HQ offices (e.g. OECA and OGC).
Regions also have an important role in the development and implementation of rules and
guidances.

Activities:
   •   Regions and states should provide comments during the rule and guidance
       development process, which reflects insights developed through their
       implementation experience.
   •   Regions and states can provide insight into possible future implementation issues
       and to ensure rules can be implemented effectively and guidance followed when
       appropriate.
   •   EPA will continue to explore and document methods for engaging communities
       during the regulation and guidance development process.
   •   Regions should provide direct rule implementation if that authority is granted by
       the rulemaking.
   •   After rule promulgation, regions should provide technical assistance to both state
       implementers and the regulated community, including direct assistance and
       training. Headquarters will supplement these efforts and provide national
       direction.
   •   Regions should work closely with our state partners to ensure rules are
       appropriately implemented by states.
   •   During the state authorization process for rules promulgated under RCRA,
       regions will raise technical and authorization process issues to headquarters for a
       prompt response.
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Details on Rules being Developed or Implemented:

Coal Combustion Disposal Rule
   •  This rule deals with requirements for the safe and environmentally sound
      management of coal combustion residuals (CCR).
   •  A proposed rule was issued for comment in June 2010 and we have been
      evaluating the comments we have received.
   •  We have issued two Notices of Data Availability (NOD A) in 2010 and 2011 and
      are aiming to release a 3rd NODA as soon as possible.
   •  We will also continue harmonizing our approach in the final rule to the Effluent
      Limitation Guideline proposed and final rule so that there is not duplication and
      overburden to the regulated community.
   •  In conjunction with the rulemaking efforts, we  have developed a draft risk
      evaluation methodology for the continued beneficial reuse of CCRs in an
      encapsulated form and we plan to finalize the application of that methodology to
      concrete and wallboard in 2013.
   •  In 2013/2014, we also plan to develop and finalize a conceptual model for un-
      encapsulated uses of CCR. The finalization of the CCR disposal rule as well as
      the risk evaluation work will address the needs of the regulated community, our
      state partners and the environmental community to develop a program that
      adequately addresses the historic mismanagement of CCR disposal while
      continuing to promote the safe and beneficial reuse of CCR materials. After
      publication, we will focus our efforts on the implementation of the rule.

Implement the Non-Hazardous Secondary Material (NHSM) Rule
   •  The NHSM rule identifies which non-hazardous secondary materials are not
      considered solid waste when used in combustion units as fuel or ingredients and
      thus are subject to the Clean Air Act (CAA) Section 112 emissions standards
      versus Section 129 standards.  The rule has provisions that allow the regulated
      community to petition EPA to categorically exclude additional material based on
      numerous factors  (i.e., material is sufficiently processed and meets the legitimacy
      criteria).
   •  The final rule was signed on December 20, 2012. As such, we will focus our
      efforts on the implementation of the rule. We anticipate that the agency will
      receive numerous petitions that will have to be evaluated and acted upon via
      rulemaking.

Implement the Definition of Solid Waste (DSW) Rule
   •  The DSW rule identifies which hazardous secondary materials are not considered
      solid waste when recycled, provided they meet certain conditions, and thus are not
      subject to full Subtitle C regulation. We expect to include in the DSW rule a non-

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       waste determination petition process when a material has not been discarded and
       is legitimately used in continuous industrial process or is legitimately reclaimed
       and is indistinguishable in all relevant aspects from a product or intermediate
       product.
   •   Following rule finalization, we will focus our efforts on the implementation of the
       rule.

Finalize RCRA Carbon Sequestration Rule
   •   The carbon sequestration rule will conditionally exclude certain carbon dioxide
       (CC>2) from the definition of hazardous waste, provided these CC>2 streams meet
       certain conditions, including injection into Class VI Underground Injection
       Control (UIC) wells for purposes of geologic sequestration. This rule is needed to
       support six pilot projects that will be Class VI UIC wells to support the
       Administration's energy policy.
   •   The proposed rule was issued for public comment in August 2011.
   •   Assuming that the rule is finalized in the Spring of 2013, we will focus our efforts
       on the implementation of the  rule.

Finalize the Solvent Contaminated Wipes Rule
   •   The Solvent Contaminated Wipes rule will conditionally exclude from the
       definition of solid waste solvent-contaminated wipes that are cleaned and reused
       and conditionally excludes from the definition of hazardous waste solvent-
       contaminated wipes that are disposed. The purpose of this final rule is to provide
       a consistent regulatory framework that is appropriate to the level of risk posed by
       solvent-contaminated wipes in a way that maintains protection of human health
       and the environment, while reducing overall compliance costs for industry, many
       of which are small businesses.
   •   Assuming the rule is finalized in Fall 2013, we will focus our efforts on the
       implementation of the rule.

RCRA Retail Effort
   •   Under Executive Order 13563, OSWER committed to analyzing relevant
       information to determine what the retail RCRA issues of concern  are and what
       options may exist for addressing the issues.
   •   Under this effort, OSWER expects to publish a Notice of Data Availability
       (NODA) to:  1) present data and information EPA has gathered thus far from
       stakeholders and other sources, 2) request additional relevant data and
       information from stakeholders and the public, and 3) request comment on issues
       of concern for managing retail product waste and options for addressing the
       issues.
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Assuming that the NODA is published in early 2013, OSWER will use the
information collected to determine possible next steps to address retail product
waste issues.
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                    UNDERGROUND STORAGE TANK PROGRAM

Description: The (UST) program protects 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 (LUSTs).  The prevention program focuses on bringing all UST systems
into compliance with release detection and release prevention requirements and
implementing the provisions of the Energy Policy Act (EPAct). The cleanup program
focuses on assessment and remediation of petroleum releases from LUSTs.

Activities:  Prevention
   •   States will conduct inspections to ensure regulated entities comply with release
       detection, leak prevention and financial responsibility requirements. The EPAct
       requires all regulated facilities to be inspected at least once every three years.
       EPA anticipates that all states will be in compliance with the provisions of the
       EPAct.
   •   Regions will maintain the 3 year inspection mandate in Indian country, and assist
       states, as needed.
   •   States and regions conducting inspections will utilize EPA or state guidance to
       evaluate compatibility in systems storing higher blends of ethanol or biofuels.
   •   States will actively implement EPAct requirements in FY 2014, such as operator
       training, prohibiting delivery for non-complying facilities, posting public records,
       and ensuring secondary containment or financial responsibility for tank
       manufacturers and installers.
   •   States and regions will take appropriate enforcement when violations are found,
       including implementation of Delivery Prohibition and utilization of expedited
       enforcement, as applicable.
   •   States will work toward implementation of the provisions of the newly revised
       UST regulations (expected to be finalized by fall 2013), including taking
       appropriate steps to adopt new regulations, apply for state program approval, and
       update MOA's. Regions will implement the new regulations in Indian country.
   •   Regions will work with tribes to build capacity and provide compliance assistance
       for programs in Indian country.

   Activities: Cleanup
   •   States will manage, oversee and enforce assessments and cleanups at LUST
       release sites.
   •   States and EPA will work to implement strategies to reduce their LUST backlogs,
       such as increasing the efficiency of cleanups, leveraging private and state
       resources and enabling community redevelopment.  Because each state's backlog
       is unique, regions will work with states to pursue state-specific backlog reduction
       strategies.
   •   EPA will partner with states to develop tools and training on subjects such as
       bankruptcy, ability to pay analysis, and responsible party searches.
   •   Regions will conduct assessments and cleanups in Indian country, implementing
       strategies to increase the efficiency of cleanups, rigorously evaluating

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       optimization of cleanup approaches, leveraging private and other federal
       resources and enabling community redevelopment.
   •   States and regions will conduct annual reviews of all active state funds to ensure
       that funding is available for cleanups, when needed.
   •   States and EPA will promote the reuse of petroleum brownfields, look for
       opportunities to partner with local implementors to engage communities, identify
       cleanup corridors, and/or bring stakeholders and partners to the table to clean up
       and redevelop sites.
   •   States and regions will take enforcement action to spur cleanup as necessary.
   •   States and regions will implement the new Petroleum Vapor Intrusion Guidance
       (expected to be finalized during FY13) as appropriate when assessing  vapor
       intrusion at LUST sites.
   •   Headquarter  and regions will implement specific actions under OSWER's Climate
       Change Adaptation Plan, scheduled to be completed in June 2013, to more fully
       integrate climate change adaptation planning into core programs.

Activities: Program Management and Operations
   •   OUST is working with regions and states to update LUST Trust Fund  guidance to
       clarify how they can factor environmental justice considerations into LUST Trust
       Fund site decisions. Accordingly, states and regions will consider environmental
       justice concerns of communities disproportionately impacted by environmental
       issues when prioritizing work and making decisions, and will appropriately
       involve communities in actions and decisions that affect them.
   •   Regions when making decisions that may affect tribes and Indian country and
       when taking action in Indian country shall consult with those tribes under the May
       2011 EPA Policy on Consultation and Coordination with Indian Tribes
   •   Regions are responsible for negotiating the terms and amounts of assistance
       agreements with states and tribes. Regions will ensure that STAG, EPM, LUST
       Prevention and LUST cleanup funds are used for appropriate purposes, and are
       committed, obligated and spent efficiently and promptly.
   •   States will QA/QC semiannual performance results and report required data in a
       timely manner.
   •   Regions will verify the accuracy and completeness of data provided by states,
       following the verification guidance provided by OUST, and will work with states
       to improve their data quality and systems where appropriate.

Details on Rules being Developed or Implemented:

Finalize Revisions to the Underground Storage Tank (UST) Rule
   •   The UST rule was first promulgated in 1988 primarily to prevent releases into the
       environment from gas stations and other facilities.
   •   There is a need to revise the regulations to incorporate changes from the Energy
       Policy Act of 2005, as well as to update outdated portions of the regulations due
       to changes in technology. This effort also allows EPA to apply certain provisions
                                                                        Page | 46

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       in Indian county. The proposed rule was issued for public comment in the fall of
       2011.
   •   Assuming that the rule is finalized in the fall of 2013, we will focus our efforts on
       the implementation of the rule.

Measures:  The ACS measures supporting this program are ST1, ST6, 111, 112 and 113.
These measures can be found on page 2 of the attached measures appendix.
                                                                       Page | 47

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                       TRIBAL PROGRAM DEVELOPMENT

 Description: OSWER is committed to ensuring the protection of 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.  OSWER supports tribal
 governments through capacity building, technical and financial assistance, research, and
 outreach and direct implementation.

 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 continue to strengthen partnerships
 with tribes, improve tribal participation in all OSWER-related programs and enable
 tribes to achieve better environmental outcomes.  This strategy also will enhance
 environmental protection in Indian country by using cross-program approaches to
 integrate and leverage activities and by anticipating future needs as tribes develop more
 mature programs.

 OSWER intends to continue focus on the key areas listed below to help improve tribal
 program development and performance.

Activities:
 Headquarters, regions and tribes
   •   Promote actions that enable tribes to develop Integrated Waste Management
       Plans, build capacity to demonstrate program readiness, and implement
       sustainable waste management programs while supporting tribal community
       engagement efforts across OSWER.
   •   Ensure that Executive Order 13175 on Consultation with Indian Tribal
       Governments and the EPA Policy on Consultation and Coordination with Indian
       Tribes (May 2011 Consultation Policy) are appropriately applied to OSWER
       actions or decisions.  In April and October, finalize the OSWER Tribal
       Consultation Semi-annual Agenda.
    •  Develop new technologies, opportunities, and technical assistance for tribal
       outreach and mining impacts on tribal lands.

Headquarters and tribes
    •  Support tribes through the OSWER cooperative agreement which funds activities
       such as  the Tribal Lands Forum and the Tribal Waste and Response Assistance
       Program National Tribal Steering Committee.

Measures:  ACS measures supporting this program area include TR1 and TR2 and can
be found on page 2 of the attached measures appendix.
                                                                       Page | 48

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                           ENVIRONMENTAL JUSTICE

Description: Environmental Justice (EJ), or promoting healthy and environmentally
sound conditions for all people, is a priority throughout all of OSWER's programs.  By
integrating EJ into its programs, OSWER seeks to mobilize resources to address the
needs of disproportionately overburdened and underserved communities. OSWER's
work supports the agency's strategies for Expanding the Conversation on
Environmentalism and for Working for Environmental Justice and Children's Health and
is based in Goal 3, Objective 1 of the EPA's Strategic Plan6: Promote Sustainable and
Livable Communities. OSWER supports cross-agency coordination by working with
other NPMs and EPA regions to better facilitate the creation of healthy and sustainable
communities.

To facilitate the continued integration of EJ into its programs, OSWER will undertake the
activities below.

Activities:
Headquarters and regions
   •   As a part of its work planning process, OSWER will integrate EJ principles into
       its programmatic and regional decision-making through the use of rulemaking,
       policy, screening and legal tools.
   •   OSWER has convened an EJSCREEN workgroup to identify issues, develop a
       training plan, and examine uses of the EJ tool in OSWER programs; developed a
       Compendium of how OSWER will use its authorities to address overburdened
       and underserved community needs and support EPA regions in their work to
       create healthy and sustainable communities.
   •   Strengthen the use of scientific and technical processes and policies to help
       address environmental and health inequities among overburdened and
       underserved communities by identifying impacts from stressors that burden these
       communities.
   •   Through the Community Engagement Initiative (CEI), OSWER will expand
       community engagement approaches which allow low income, minority,
       overburdened and underserved communities to meaningfully participate in
       decisions on land cleanup, management of hazardous substances, and emergency
       preparedness and response activities.
   •    OSWER will enhance the use of a continual learning process by offering
       quarterly and semi-annual Office Directors' EJ Learning Series and provide
       internal EJ training to help OSWER headquarters and regional staff better serve
       communities.
   •    Through OSWER partnerships  with tribal and state governments, building and
       leveraging to help address local environmental concerns in overburdened and
       underserved communities.
6 The EPA Strategic Plan is currently being updated for FY 2014-2018 and will be available in
February 2014 at the following website: http://www2.epa.gov/planandbudget/strategicplan

                                                                        Page | 49

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   •   Continue to support the Community Action for a Renewed Environment (CARE)
       program by providing programmatic expertise to existing CARE projects and by
       maintaining membership on EPA's CARE Executive Team.
   •   Partner with the Office of Water to coordinate efforts to revitalize both land and
       water areas to improve communities efforts to access, improve and benefit from
       the urban waters and surrounding land and help grow local businesses, enhance
       educational, economic, recreational, employment and social opportunities in
       nearby communities.
   •   OSWER will support the ten EPA regional projects identified in 2012 and use
       lessons learned from 2013 to improve EPA's collective understanding of how to
       harmonize its programs to strengthen EPA support for communities through its
       grant and technical assistance programs
   •   Work with regional, state, tribal and local partners to identify how EPA's
       funding, policies and programs can inform decision makers to maximize benefits
       and minimize impacts from land use planning, siting and decision making
       consistent with recommendations; and develop a document on successful land use
       practices and a training course for stakeholders on land use planning related to
       EPA policies and programs.
   •   To promote more equitable development opportunities to underserved
       communities, regions will disseminate a catalogue of EPA funding opportunities.
       The OSWER created catalogue identifies resources which can help communities
       address human health and environmental issues.

Measures: The ACS measure supporting this program area is CARE-1 and can be  found
on page 1 of the attached measures appendix.
                                                                       Page | 50

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     ENVIRONMENTAL PROTECTION AGENCY
OFFICE OF SOLID WASTE AND EMERGENCY RESPONSE
   FY 2014 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
3.1
3.1
ACS Code
B29
B32
B33
B34
B37
SM2
SMS
CH2
PC1
PC2
PCS
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.
Number of new participants with baselines for Sustainable Materials Management Challenges.
Number of new (with baselines) and active participants in the Sustainable Materials Management Challenges.
Number of risk management plan 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 PCS approvals issued under authorities other than 40 CFR 761. 61 (a) or (c).
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
(Y/N)
N
N
Y
Y
Y
N
N
N
Y
Y
Y
Y
State
Grant
Measure
(Y/N)
Y
Y
N
N
N
N
N
N
N
N
N
N
Nat.
Target
1,200
120
3,000
5,000
1.2
100
450
460
40
100
TBD
N/A
                Appendix I, page 1

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     ENVIRONMENTAL PROTECTION AGENCY
OFFICE OF SOLID WASTE AND EMERGENCY RESPONSE
   FY 2014 NPM GUIDANCE MEASURES APPENDIX


G/O


3.2

3.2

3.2
3.2
3.2
3.3
3.3
3.3
3.3
3.3
3.3
3.3
3 3



ACS Code


HWO

ST1

ST6
TR1
TR2
132
133
327A
328A
C1
111
112
113



Measure Text


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.
Percent of confirmed releases awaiting cleanup at LIST facilities.
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.
Non-
Commit-
ment
Indicator
(Y/N)
N

Y

Y
N
N
N
N
Y
Y
Y
Y
N
N


State
Grant
Measure
(Y/N)
Y

Y

Y
N
N
N
N
N
N
N
N
Y
Y



Nat.
Target

100
< 7,330
(UST
releases)
67.5%
3
45
170
170
50%
50%
75%
15%
9,000
37

                Appendix I, page 2

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     ENVIRONMENTAL PROTECTION AGENCY
OFFICE OF SOLID WASTE AND EMERGENCY RESPONSE
   FY 2014 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
3.3
5.1
5.1
5.1
5.1
ACS Code
122
131
141
S10
151
152
FF1
CA1
CA2
CAS
OSRE-01
OSRE-02
OSRE-04
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.
Percent of Superfund federal facility sites construction complete.
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
$500,000.
Review one RCRA corrective action financial assurance instrument per state, with at least 50% being financial test or
corporate guarantee reviews take appropriate enforcement action if non-compliant.
Volume of contaminated media addressed as a result of concluded CERCLA and RCRA corrective action enforcement
actions.
Non-
Commit-
ment
Indicator
(Y/N)
N
N
N
N
N
N
Y
N
N
N
N
N
N
N
State
Grant
Measure
(Y/N)
N
N
N
N
N
N
N
Y
N
Y
N
N
N
N
Nat.
Target
700
115
15
60
10
15
86%
90%
80%
57%
99%
100%
50
275M CY
                Appendix I, page 3

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                             OFFICE OF SOLID WASTE AND EMERGENCY RESPONSE
                         EXPLANATION OF CHANGES BETWEEN FY 2013 AND FY 2014
     Change from FY 2013 Guidance Document
            More specific direction to the regions and
            states to develop e-manifest system,
            depending on availability of funds.
National
Areas of
  Focus
OSWER will make chemical risk
management a National Area of Focus,
building on activities with other federal
agencies.

Improve the Superfund program's operations
and support tools to generate as much value
as possible.
                                                   Reason for Change
On October 5, 2012, the President signed
legislation authorizing a fee-funded
electronic reporting program for entities
transporting hazardous wastes that are
regulated pursuant to RCRA.

These activities are designed to improve
chemical safety and increase community
and public awareness.
                                                     The continued downward trend in the
                                                     Superfund remedial program's resources
                                                     makes it a strategic necessity to focus on
                                                     efforts to sustain the program.	
                                         Affected Pages and Sections
                                                                                 National Areas of Focus, page
                                                                                 13.
National Areas of Focus, page
18.
                                        National Areas of Focus, page
Program-
 Specific
Guidance
            OSWER will require the regions to include
            four additional data elements for removal
            actions into CERCLIS / SEMS.
OSWER will be instituting new requirements
and guidelines for RMP inspections.
            EPA will implement changes to targets,
            workload and/or resources in response to the
            results of its FY 2013 analysis of the RCRA
Focus on developing a more complete
picture of removal data in order to better
inform removal decisions and strategic
direction.

These requirements and guidelines are
being developed in order to continue the
program focus on high quality inspections
and inspections at facilities that have been
identified as high risk.

This analysis is being conducted in response
to a recommendation by GAO in its July
2011 report concerning resource and	
                                                                                 Emergency Response and
                                                                                 Prevention programs, page 27.
Emergency Response and
Prevention programs, page 28.
                                                                                 RCRA/ PCB Corrective Action
                                                                                 programs, page 39.
                                                 Appendix II, Page 1 of 4

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       Change from FY 2013 Guidance Document
              corrective action program.
              The Core NAR evaluation will include
              readiness assessments that will evaluate
              regional ability to use response equipment.
               States and regions will implement the
               provisions of the newly revised UST
               regulations (expected to promulgate final
               regulations by fall 2013), including taking
               appropriate steps to adopt new regulations,
               apply for state program approval, and update
               MOA's.

               Regions are responsible for negotiating the
               terms and amounts of assistance agreements
               with states and tribes, ensuring that EPM,
               LUST Prevention and LUST cleanup funds
               are used for appropriate purposes, and are
               committed, obligated and spent efficiently
               and promptly.

               Regions and states  will conduct annual
               reviews of all active state funds to ensure that
               funding is available for cleanups when
               needed.
                                                     Reason for Change
                                           technical challenges to the program.
                                           The Core NAR evaluation criteria are
                                           modified to incorporate new elements and
                                           achieve a more complete evaluation of
                                           overall response readiness.  Readiness
                                           assessments for response equipment will be
                                           included in the FY 2014 evaluation.

                                           Regulations to be finalized by fall 2013
                                           Increased emphasis on the need to monitor
                                           utilization of funds.
                                           State Fund reviews are being piloted in
                                           FY2013; this will become an annual
                                           requirement in FY2014.
                                          Affected Pages and Sections
                                         Emergency Response and
                                         Prevention program, page 27.
                                         Underground Storage Tank
                                         program, page 45.
                                         Underground Storage Tank
                                         program, page 46.
                                         Underground Storage Tank
                                         program, page 46.
   Annual
Commitment
  Measures
New measure:  Percent of Superfund federal
facilities sites construction complete (ACS
codeFFl).
This new measure will provide a more
detailed view of site cleanup progress at
federal facility sites on the NPL. FFRRO's
yearly target will be an estimated net
increase in the national percent construction
complete number for NPL federal facility
                                                                                                  Measures Appendix, page 3.
                                                    Appendix II, Page 2 of 4

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     Change from FY 2013 Guidance Document
            New measure: Number of new (with
            baselines) and active participants in the
            Sustainable Materials Management
            Challenges (ACS code  SMS).

            New measure: Number of PCB approvals
            issued under authorities other than 40 CFR
            761.61(a) or (c) (ACS code PCS).
            Measure revision:  Removed phrase "and
            audits" from ACS measure CH2 which tracks
            inspections at RMP facilities.
                                                    Reason for Change
                                          sites.
                                          The Superfund Federal Facilities Response
                                          Program will continue to contribute to the
                                          following overall Superfund Remedial
                                          program measures: ACS 122, 131, 141,
                                          151, 152andS10.

                                          New measure under the Sustainable
                                          Materials Management program to track the
                                          cumulative number of active participants.
                                         New measure to track remaining PCB
                                         approvals issued.
                                         Affected Pages and Sections
                                         While the Clean Air Act allows the EPA to
                                         conduct audits and inspections at RMP
                                         facilities to ensure their compliance with
                                         applicable regulations, this measure only
                                         tracks inspections conducted.	
                                        Measures Appendix, page 1.
                                        Measures Appendix, page 1.
                                        Measures Appendix, page 1.
Tracking
 Process
Process and schedule for reporting UST
performance data has been moved from
program section of the guidance to the
appendices section.

Re-engineer Comprehensive Environmental
Response, Compensation, and Liability
Information System (CERCLIS) into the
Superfund Enterprise Management System
(SEMS)byFY2014.
                                                      Reporting schedule moved to comport with
                                                      the convention of the revised guidance
                                                      format.
By moving from CERLICS to SEMS and
by merging CERCLIS along with the
Superfund Document Management System
(SDMS) and the Institutional Controls
Tracking System (ICTS) into SEMS, the
Superfund Remedial program will be in a
                                        State Reporting Schedule for
                                        UST Performance Measures
                                        Appendix.
National Areas of Focus, page
12.
                                                 Appendix II, Page 3 of 4

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      Change from FY 2013 Guidance Document
                                                    Reason for Change
                                                       position to link planning and performance
                                                       data with supporting documentation in a
                                                       manner that yields direct evidence of
                                                       program decisions and outcomes.	
                                         Affected Pages and Sections
  Contact
Information
Staff contacts included as an appendix.
New guidance format.
Staff Contacts Appendix.
                                                  Appendix II, Page 4 of 4

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OSWER FY 2014 GRANTS MANAGEMENT GUIDELINES

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 2014 to achieve this through two related efforts: State Grant Workplans
and Grant Progress Reports.

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."1  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. The effective date of the GPI was 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.

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

To address Essential Elements 1 and 2, workplans must clearly label the Strategic Plan
Goal(s) and Strategic Plan Objective(s) from the current version of the agency's Strategic
Plan, that are associated with each Workplan Commitment or group of Commitments.
It will be important for national program managers and regional program offices to
provide appropriate outreach, assistance and education to state recipients on developing
this format.  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
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.

In FY 2014, the agency will utilize new information technology (IT) tools to improve
program management  including e-reporting, new targeting tools, and upgrades to agency
IT infrastructure. A key part of this approach is assisting states in modifying  their
1 Grants Policy Issuance (GPI) 11-03 can be found at:
http://www.epa.gov/ogd/grants/fmal_grants_policy_issuance_l l_03_State_Grant_Workplans.pdf

                             Appendix III, Page 1 of 5

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programs to implement electronic reporting with regulated facilities. States will now be
able to include IT infrastructure and reporting as allowable costs in programmatic grants.

Timely Obligation, Expenditure, and Award of EPA Grant Funds

On August 16, 2012, the Grants Management Council approved GPI12-06, "Timely
Obligation, Expenditure, and Award of EPA Grant Funds."2 NPMs are expected to
modify sections of their state grant guidance to comply with the Office of Grants and
Debarment's (OGD) GPI 12-06.  OGD will provide NPMs with quarterly reports
measuring the agency's progress  in meeting this goal to obligate appropriated grant funds
in the first year of availability. Also, NPMs will need to implement the grant process
streamlining principles for State  Continuing Environmental Programs.

During FY 2014, 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;
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.
2 GPI 12-06. can be found at:
http://www.epa.gov/ogd/grants/final gpi 12 06 streamlining state grant and expediting outlavs.pdf

                             Appendix III, Page 2 of 5

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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 2014
appropriated funds should be issued by April 2013).  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.

Consistent with guidance from the Grants Administration Division, OSWER develops a
Post-Award Management Plan which presents our strategy for ensuring proper oversight
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.
                             Appendix III, Page 3 of 5

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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.

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.

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
announcements are advertised by posting to Grants.gov, the central federal electronic
portal for applying for grant opportunities.

Community-Based Grants
                             Appendix III, Page 4 of 5

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Beginning March 31, 2012, a new grants policy (GPI-12-02, Community-Based Grants)
was implemented to establish a transparent, One EPA approach to coordinating and
implementing the agency's community-based grant programs, including streamlining
grants processes consistent with EPA's fiduciary responsibilities and providing useful
grants information to communities. The new policy results from the Office of
Sustainable Communities "Community-Based Coordination Project" which seeks to
make the community framework one of the pillars of how EPA achieves its mission of
protecting human health and the environment.  The new policy codifies reforms
developed to increase the efficiency and effectiveness of EPA's system for awarding and
administering community-based grants.
                            Appendix III, Page 5 of 5

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STATE REPORTING REQUIREMENTS AND SCHEDULE FOR UST
PERFORMANCE MEASURES
States must submit performance data1 on a semi-annual basis. States must report mid-year
performance data on or before April 7, 2014.  Regional offices must report the region-specific
mid-year performance data on or before April 14, 2014. 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 8, 2014.  Regional offices must report the estimated number of end-of-year cleanups
completed in Indian  country by September 15, 2014.

States must report end-of-year performance data on or before October 6, 2014. Regional offices
must report the region-specific end-of-year performance data on or before October 14, 2014.  All
end-of-year performance data must be reported and verified via the online LUST4 Semiannual
Measures subsystem.

                   Deliverable Dates for State and Regional Programs
Date
April 7
April 14
September 8
September 15
October 6
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
online application.
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.

1 Semiannual performance measure definitions can be found at http://www.epa.gov/oust/cat/PMDefinitions.pdf.

                              Appendix IV, page 1 of 2

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October 14
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.	
                               Appendix IV, page 2 of 2

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KEY CONTACTS
Subject Area Contact Name(s) Phone Email
OSWER, General Questions
Superfund Remedial
Emergency Management
Brownfields
Revitalization
Resource Conservation and
Recovery
Underground Storage Tanks
Federal Facilities
Tribal
State Liaison/ Innovation
Clean Energy/ Climate Change
Environmental Justice and
CARE
Howard Rubin
Art Flaks
Bill Dalebout
Peter Oh
Derek Brown
Juanita Standifer
Patricia
Overmeyer
Wayne Roepe
Judy Kertcher
Brendan Roache
Jeffrey Kohn
Jeffrey Kohn
Jennifer Brady
Pat Carey
(202)566-1899
(703) 603-9088
(703) 603-8826
(202) 564-2375
(202) 566-2752
(202) 566-2764
(202) 566-2774
(703) 308-8630
(703) 603-7172
(703) 603-8704
(202) 566-1407
(202) 566-1407
(202) 566-1701
(202) 566-0199
rubin.howard(3)epa.sov

flaks.artfalepa.sov
dalebout.williamfoiepa.sov
oh.peter(3)epa.sov

brown. derek(3)epa. sov
standifer. iuanita(3)epa.sov
overmever.patriciafoiepa.sov

roepe.wavne(3)epa.sov

kertcher. i udv(3)epa. sov

roache.brendan(3)epa.sov

kohn.i effrev(5),epa. sov

kohn.i effrev(5),epa. sov

bradv.iennifer(3)epa.sov

carev.pat(3)epa.sov

  Appendix V

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