U.S. ENVIRONMENTAL PROTECTION AGENCY OFFICE OF CHEMICAL SAFETY AND POLLUTION PREVENTION DRAFT FY 2015 ADDENDUM TO THE FY 2014 NATIONAL PROGRAM MANAGER GUIDANCE PUBLICATION NUMBER: 73 5D14001 ------- OCSPP'S DRAFT FY 2015 ADDENDUM TO FY 2014 NPM GUIDANCE Table of Contents I. INTRODUCTION 3 A. Agency Overview 3 B. OCSPP Overview 3 II. KEY CHANGES FOR FY 2015 4 A. Key Changes for Office of Pesticides (OPP) 4 B. Key Changes for Office of Pollution Prevention and Toxics (OPPT) 5 III. MEASURES APPENDIX 9 Page 2 ------- OCSPP'S DRAFT FY 2015 ADDENDUM TO FY 2014 NPM GUIDANCE I. INTRODUCTION A. Agency Overview The NPM Guidances provide a national framework for regional, state, and tribal implementation of EPA's Annual Plan and Budget, and Strategic Plan1 to advance the agency's mission. The agency Overview to the NPM Guidances communicates important agency-wide information and should be reviewed in conjunction with each of the NPM Guidances and Addendums, as well as other applicable requirements. The Overview also includes important background information and the eleven cross-program areas that are critical to effective implementation of EPA's environmental programs. The agency Overview and additional information on the agency's NPM Guidance development process, public comment process, other NPM Guidances to the regional offices and the agency's official commenting template can be found on the EPA's planning and budgeting website at http://www2.epa.gov/planandbudget/fy2015. B. OCSPP Overview The Office of Chemical Safety and Pollution Prevention (OCSPP) National Program Manager (NPM) Guidance provides direction to the EPA regional offices with respect to the Chemical Safety and Pollution Prevention programs, incorporating input from states, tribes and other concerned stakeholders. The NPM Guidance identifies OCSPP's program priorities for regional offices, summarizes the annual performance plans for each of the national programs managed by the Office of Pesticide Programs (OPP) and the Office of Pollution Prevention and Toxics (OPPT), details the specific contributions needed from the regional offices, and identifies the commitments that will be used to hold regional offices accountable for contributing to those programs' goals and objectives. More information on OCSPP can be found at http://www2.epa.gov/aboutepa/about-office-chemical- safetv-and-pollution-prevention-ocspp. This document is an addendum to the FY 2014 NPM Guidance, listing all significant changes for FY 2015 since FY 2014 NPM Guidance was finalized. The EPA regional offices' annual program commitments and results are reported in the agency's accountability system, the Annual Commitment System (ACS). OCSPP's suite of ACS commitments is presented in Section III Measures Appendix. The FY 2015 regional offices commitments in ACS will remain as draft until final performance agreements are reached in October 2014. Additional information on the EPA performance measures, planning and budgeting can be found at http://www2.epa.gov/planandbudget. The EPA Strategic Plan is available on the following website: http://www2.epa.gov/planandbudget/strategicplan. Page 3 ------- OCSPP'S DRAFT FY 2015 ADDENDUM TO FY 2014 NPM GUIDANCE II. KEY CHANGES FOR FY 2015 A. Key Changes for Office of Pesticides (OPP) Issue Area: New National Area of Focus for Pesticides in Indian Country Key Change: Significant budgetary changes from FY 2014 that impact NPMs Addition of new OPP National Focus Area, "Implementation of the EPA Plan for the Federal Certification of Applicators of Restricted Use Pesticides within Indian Country" for FY 2015. This addition will be a requirement for all Regions mat have tribes located in their region, and may represent a significant additional workload NOT originally anticipated in the FY 2014 OCSPP NPM Guidance. The Guidance edits for FY 2015 are listed below. PageS Edit/Activity" This new National Area of Focus for FY 2015 will be listed as the new fourth National Area of Focus under Pesticides' Office Program. The "National Area of Focus: Region-Specific Pesticide Priorities" in the guidance will be moved down and become the new fifth bullet. NEW Edit/Activity: The language for the new National Area of Focus under Pesticides' Office Program is: 4. NATIONAL AREA OF FOCUS: Implementation of the EPA Plan for the Federal Certification of Applicators of Restricted Use Pesticides within Indian Country. A. Description On February 6, 2014, EPA published in the Federal Register the "EPA Plan for the Federal Certification of Applicators of Restricted Use Pesticides within Indian Country. " This Plan established a federal program to certify applicators of restricted use pesticides hi Indian Country where no other EPA-approved or EPA-implemented certification plan applies. Restricted use pesticides (RUPs) are pesticides that may only be purchased and used by certified applicators or persons under their direct supervision. Certification helps assure a level of competence needed to safely use these hazardous pesticides. B. Regional Activities The Regions are responsible for tasks related to the implementation of this plan, including outreach, processing applications for federal certification and issuing federal certifications. We expect that initial application processing and most of the outreach will occur in FY 2014. However, there may be a need for some additional outreach in FY 2015, and processing initial applications and application renewals will be an on-going regional responsibility. Regions will also be responsible for administrative actions related to the plan, such as submitting monthly reports from the database to Headquarters, and maintaining appropriate records. C. Measure No new ACS measure is proposed for this area of focus for FY 2015. However, regions who expect a significant workload in implementing the Federal Plan in FY 2015 may propose a reduction in ACS Measure RSP2 ("'Number of region-specific Page 4 ------- OCSPP'S DRAFT FY 2015 ADDENDUM TO FY 2014 NPM GUIDANCE projects or initiatives contributing to the implementation and enhancement of the region-specific pesticide program priority areas.") for FY 2015. B. Key Changes for Office of Pollution Prevention and Toxics (OPPT) Issue Area: National Area of Focus: Lead Risk Reduction Program Key Change: Additional Direction Needed Associated with Work to be Conducted in FY 2015 At the November 2013 OCSPP's Regional Division Directors meeting, the OCSPP AA referred to the Administrator's vision and the agency's need to identify ways to better align stakeholder interests with the agency's interest to achieve the environmental and human health objectives. The AA provided his vision and thoughts regarding how to do business differently for OCSPP programs and priorities, particularly moving from a retail approach to a wholesale approach. An example of the wholesale approach specifically referenced as an area for more work was Lead RRP and innovative approaches of engaging state and city permitting officials. There is concern that many renovation firms have not yet chosen to invest in the RRP program, and the rate of firm certifications should be rising. One way to address this trend is to have the regional offices work with state and local permitting authorities and building code officials to inform them of the RRP program requirements and share best practices, such as an approach recently adopted by the State of Minnesota. In FY 2014, Headquarters and the regional offices are developing a unified strategic approach, and a tracking method, for regional office engagement with state and local permitting authorities and building code officials. Each regional office will be responsible for identifying likely candidate jurisdictions, identifying the appropriate individuals to contact and developing a marketing plan tailored to that jurisdiction. The Guidance edits for FY 2015 are listed below. Page 13 Edit/Activity: The following language will replace the first sentence of section B (Regional Offices Activities): Regional offices should fully implement the eight Lead Program activities outlined below and may choose to implement one or more of the last five activities. Page 14 Edit/Activity: The following bullet will be moved from the optional activities subsection of Section B to the "should fully implement" subsection: Engagement with State/City Permitting and Licensing Officials: Regional offices should work with permitting and licensing offices to require that firms have shown proof of RRP certification prior to permits being issued. Because of the strong and direct connection between licensing and permitting offices and the construction industry, tlu's is especially valuable in supporting implementation of the RRP Rule. Key Change: Additional Direction Needed Associated with Work to be Conducted in FY 2015 In FY 2015, the EPA will fully implement a more efficient and effective process for managing abatement certification applications for individuals, consolidating this work into Regions 2 and 9. In FY 2014. the EPA is continuing to update the FLPP database to support this change. The FLPP database conversion is expected to be completed in Spring 2014. The Guidance edits for FY 2015 are listed below. Page 13 Edit/Activity: The following language will replace the fourth bullet of the first subsection of section B (Regional Offices Activities): Lead-based Paint Activities Rule (402(ci)) (Abatement, Risk Assessment and Inspection) Implementation: Region ; office's Page 5 ------- OCSPP'S DRAFT FY 2015 ADDENDUM TO FY 2014 NPM GUIDANCE should assist in the implementation of the Lead-based Paint Activities (Abatement, Risk Assessment and Inspection) Rule by accrediting qualified training providers, certifying individuals (Regions 2 and 9) and by providing information and compliance assistance to the regulated community. Page 15 Edit/Activity: The following language will replace the third bullet of section C (Measures): In FY2015. processing abatement certifications will only be reported by Regions 2 and 9 in ACS. Key Change: New Administrator Initiatives In FY 2015, NPMs are playing a pivotal role in implementing the Administrator's theme of advancing new state, local, and tribal partnerships. Regional offices are encouraged to work with states, tribal and local partners to define mutually supportive roles and responsibilities for program implementation and partnership. The Guidance edit for FY 2015 is listed below. Page 14 Edit/Activity: The following language will be added as the first sentence in the "Partner with Tribes" bullet in the optional activities subsection of section B (Regional Offices Activities): Regional offices are encouraged to continue building relationships through capacity building, technical assistance, research, outreach and consultation. Issue Area: Deleting National Area of Focus: Chemical Risk Management Program (CRM) Key Change: Significant Budgetary Changes Through FY 2013, the Chemical Risk Management (CRM) Program supported national efforts aimed at mitigating chemical risk and exposure through reductions in use and safe removal, disposal and containment of certain prevalent, high-risk chemicals - known generally as legacy chemicals. In FY 2014, in order to achieve administrative and programmatic efficiencies, the EPA merged a portion of the CRM Program's headquarters resources into the Risk Management Program Area of Interest within the Chemical Risk Review and Reduction (CRRR) Program, maintaining a base resource level at headquarters to enable the agency to meet any continuing statutory obligations associated with PCBs and other long-standing chemical risks. Regional offices resources were reduced to reflect these efficiencies. The remaining regional offices resources were redirected to the Pollution Prevention and Lead Risk Reduction Programs. The Guidance edits for FY 2015 are listed below. Page 5,16- 18 Edit/Activity: jne entu-e CRM National Area of Focus section will be deleted. Page 32 Edit/Activity: The Annual Commitment System (ACS) measure. "Number of activities conducted to reduce or prevent exposure to chemicals of concern, with a focus on PCBs" (TSCA1), which is also found in the Appendix table, will be deleted from the Measures Appendix. Issue Area: National Area of Focus: Pol In I ion Prevention Program Key Change: Ne\v Administrator Initiatives In FY 2015, OCSPP will implement the Administrator's theme of advancing new state, local, and tribal partnerships. Regional offices are encouraged to work with states, tribal and local partners to define mutually supportive roles and responsibilities for program implementation and partnership. The Guidance edits for FY 2015 are listed below. Page 19 Edit/Activity': The following language will be added to P2 Description section A: Regional offices are encouraged to acknowledge tribes and tribal P2 programs across the country to continue building Page 6 ------- OCSPP'S DRAFT FY 2015 ADDENDUM TO FY 2014 NPM GUIDANCE relationships and provide capacity building opportunities, technical assistance, research, outreach and consultation. Page 21 Edit/Activity: Under the "Promote the Use, Adoption and Market Penetration of P2 Innovations" subsection of Section B (Regional Offices Activities), the following will replace the language under bullet Participate in and support National Pollution Prevention Information Exchange: Regional offices are encouraged to support states, tribal and local partnerships by providing networking opportunities for technical assistance providers (TAPs) and businesses to ensure continued effectiveness and competence in source reduction practices and dealing with emerging issues such as green chemistry and green products. Regional offices should administer and coordinate regional grant programs (PPIN, P2 and SRA), collaborate with Pollution Prevention Resource Centers and work to integrate P2 approaches into regional program products and services. Regional offices are encouraged to provide assistance to tribal and state grant recipients in order to demonstrate that projects proposed for P2 grant awards can achieve measurable results. Key Change: Additional Direction Needed Associated with the Work to be Conducted in FY 2015 In FY 2015, in implementing the OCSPP Vision for 2017, regional offices are encouraged to expand their activities related to green chemistry and engineering. The Guidance edit for FY 2015 is listed below. Page 20 Edit/Activity: Under the "Foster the Development of P2 Innovations" subsection of Section B (Regional Offices Activities), the following bullet will be added as the new last bullet: Provide Green Chemistry and Engineering Training: Regional offices are encouraged to collaborate in customizing, developing and delivering training to state P2 technical assistance providers as a conduit to identify and deploy green chemistry and engineering through a range of incentive, regulatory and other approaches. Key Change: Additional Direction Needed Associated with the Work to be Conducted in FY 2015 In FY 2015, in implementing the OCSPP Vision for 2017, regional offices are encouraged to expand their activities in support of the Economy, Energy and Environment (E3) Program. The Guidance edit for FY 2015 is listed below. Page 20 Edit/Activity: Under the "Promote the Use, Adoption and Market Penetration of P2 Innovations" subsection of Section B (Regional Offices Activities), the "'Establish Economy, Energy and Environment (E3) Partnerships" bullet will be modified to read: Regional offices are encouraged to establish E3 partnership projects in conjunction with ongoing efforts involving the Departments of Agriculture, Commerce, Energy, and Labor, and the Small Business Administration in additional communities to promote sustainable manufacturing and/or agricultural practices and processes by leveraging and engaging with state, local, and federal partners and providing technical assistance. Specifically, regional offices are encouraged to support achievement of OCSPP's 2017 Vision goals for the E3 program by collaborating with the program partners to facilitate: • Increasing the number of E3 facility assessments; • Increasing the implementation rate of E3 final report recommendations; • Increasing the percent of E3 assessments that are funded by local community resources and private financial support and investment, including non-profits, foundations, impact investors, social bonds, and in-kind service funding. Key Change: Additional Direction Needed Associated with the Work to be Conducted in FY 2015 In FY 2015, in implementing the OCSPP vision for 2017, regional offices are encouraged to make available the guidelines for purchasing of green Page 7 ------- OCSPP'S DRAFT FY 2015 ADDENDUM TO FY 2014 NPM GUIDANCE products by the Federal government. The Guidance edit for FY 2015 is listed below. Page 20 Edit/Activity: Under the "Promote the Use, Adoption and Market Penetration of P2 Innovations", in the "Promote Environmentally Preferable Practices in the Purchase, Use and Disposal of Electronics" bullet, "Electronics" will be changed to "Products" and the bullet will be revised to read: Regional offices are asked to encourage federal agencies to purchase, use and dispose of products in an environmentally responsible way. Guidelines for purchasing of green products by the Federal government will be made available. Issue Area: Deleting Community Action for a Renewed Environment (CARE) Key Change: Significant Budgetary' Changes Through the cross-agency CARE Program, EPA provided funding to enable underserved communities to address local environmental programs. Due to reduced funding across the Agency, the CARE Program will not be funded in FY 2015. The Guidance edits for FY 2015 are listed below. Pages 29 and 32 Edit/Activities: The entire CARE section and the ACS measure associated with the program, CARE1 ("Number of Community Action for Renewed Environment (CARE) cooperative agreement projects managed in order to obtain toxic reductions at the local /eve/"), which is also found in the Measures Appendix table, are deleted. PageS ------- OCSPP'S DRAFT FY 2015 ADDENDUM TO FY 2014 NPM GUIDANCE III. MEASURES APPENDIX G/0 4/1 4/1 4/1 4/1 ACS Code IPM2 CORE RSP2 13A Measure Text Number of activities conducted, consistent with the EPA "Strategic and Implementation Plan for School Integrated Pest Management," to provide outreach, education, and/or assistance to public schools at the kindergarten through high school levels to adopt verifiable and sustainable IPM practices.2 Percent of overall required pesticide program cooperative agreement activities that are included in grantee workplaus and completed consistent with the pesticide program portion of the FIFRA Grant Guidance. Number of region-specific projects or initiatives contributing to the implementation and enhancement of the Region-Specific Pesticide Priority areas. Annual percentage of viable lead-based paint abatement certification applications that require less than 20 days of EPA regional office effort to process (Direct Implementation). Indicator (Y/N) Y N N N State Performance Measure (Y/N) N N N N FY2015 National Target Planning Target 100% 2 Change from FY 2014 (Y/N- if yes, rationale) Yes- Regions who expect a significant workload in implementing the Federal Plan in FY 20 15 may propose a reduction in ACS Measure RSP2 for FY 2015. Yes-Only Regions 2 and 9 will process applications and report in ACS. 2 Activities defined as substantial increments of work with one or more internal or external stakeholder(s) or development of program capacity such as databases or educational resources to advance IPM in schools. In order to keep a wide range of activities somewhat comparable, each reported activity should generally include i| preparation, 2J substantive participation, and 3) follow-up actions as needed. Page 9 ------- OCSPP'S DRAFT FY 2015 ADDENDUM TO FY 2014 NPM GUIDANCE G/O 4/1 4/1 4/1 4/1 44- 4/2 4/2 4/2 4/2 m ACS Code 13B 14 RRP2 TR-1 TSCA1 262 263 264 297 *» Measure Text Annual percentage of viable lead-based paint abatement certification applications that require less than grantee state-established timeframes to process. Number of lead abatements performed by certified abatement contractors occurring hi the region. Number of active lead-based paint renovation, repair and painting certification training providers accredited by the regional office. Number of tribal partnerships or projects addressing lead-based paint hazards and exposure reduction in the region. Number of activities conducted to reduce or Gallons of water reduced through pollution prevention. Business, institutional and government costs reduced through pollution prevention. Pounds of hazardous material reduced through pollution prevention. Metric tons of carbon dioxide equivalent (MTCO2e) reduced or offset through pollution prevention. Number of Community Action for Renewed Environment (CARE) cooperative agreement projects managed in order to obtain reductions fflt^'vi^fc at flip Inril Ipv^l Indicator (Y/N) N Y Y Y ¥ N N N N ¥ State Performance Measure (Y/N) Y N N N N N N N N N FY2015 National Target Planning Target Change from FY 2014 (Y/N - if yes, rationale) Yes — Deleted. Significant Budgetary Changes Yes — Deleted. Significant Budgetary Changes Page 10 ------- |