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 materialsfrom 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
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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.
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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.
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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
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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
-------
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
-------
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
-------
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
-------
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
-------
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
-------
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
-------
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
-------
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
-------
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
-------
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
-------
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
-------
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
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oh.peter(3)epa.sov
brown. derek(3)epa. sov
standifer. iuanita(3)epa.sov
overmever.patriciafoiepa.sov
roepe.wavne(3)epa.sov
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roache.brendan(3)epa.sov
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bradv.iennifer(3)epa.sov
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Appendix V
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