FY 2015
Office of Enforcement and Compliance Assurance
National Program Manager Guidance Addendum
April 23, 2014
Publication Number 305R14002
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Table of Contents
I. Introduction 1
II. Key Changes for FY 2015 2
OECA 's FY 2014 National Program Manager (NPM) Guidance will continue to be implemented in FY 2015, with a few exceptions. This
section discusses the significant changes from OECA 's FY 2014 NPM Guidance which will be implemented in FY 2015.
1. Strengthening State Performance and Oversight 2
2. State Review Framework (SRF) Measure 3
3. CWA Compliance Monitoring Strategy 3
4. Revision of CWA Measure 4
5. Approach to Greenhouse Gas Reporting Program 5
6. CAA Compliance Monitoring Strategy 5
7. CAA06 ACS Measure 6
8. Elimination of OSRE Measure 6
9. Expansion of RCRA Measure to Address Corrective Action Financial Responsibility 6
10. Clarification of RCRA Measure O2.s 7
11. Community Engagement Initiative 7
11. Revision of Federal Facilities Measure 8
12. Clarification of Concentrated Animal Feeding Operations (CAFO) Measures 9
Appendix: FY 2015 Annual Commitment System (ACS) Measures
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I. Introduction
This National Program Manager Guidance Addendum applies to the Office of Enforcement and Compliance Assurance (OECA), all
U.S. Environmental Protection Agency (EPA) regional enforcement programs, and states and federally-recognized Indian tribes
implementing EPA-approved inspection and enforcement programs.1 OECA coordinates with the regions, states and local agencies
and consults with tribal governments as it designs, develops, implements and oversees national compliance and enforcement
programs. Regional offices work with states and local agencies and consult with tribes to implement and review these programs.2
OECA 's National Program Manager (NPM) Guidance for fiscal year (FY) 2014 carries over to and should be implemented during FY
2015 with a few exceptions. This document, OECA 's NPM Guidance Addendum for FY 2015, discusses those exceptions and a few
significant changes from OECA's FY 2014 NPM Guidance which will be in effect in FY 2015. These significant changes include
updated Compliance Monitoring Strategies for the Clean Water Act and Clean Air Act and changes to FY 2015 ACS measures or
language addressing the State Review Framework, Clean Water Act, Greenhouse Gas Reporting Program, federal facilities, RCRA
corrective action financial responsibilities, and the Community Engagement Initiative to enhance Agency cleanup programs and
related regional engagement with local communities.
What hasn't changed is EPA's commitment to a strong enforcement program. The EPA's national enforcement and compliance
assurance program continues to assure compliance with federal environmental statutes using a variety of tools, including civil and
criminal enforcement. These tools advance OECA's overall national goals for:
• Tough civil and criminal enforcement for violations that threaten communities and the environment.
• Next Generation Compliance: achieving greater compliance and protection using advanced monitoring and information
technologies. Next Generation Compliance tools are intended to supplement and advance strong enforcement programs.
• Strong EPA/State/Tribal environmental protection: working together toward shared environmental goals.
To help achieve these enforcement goals, in FY 2015, OECA will continue to focus on high priority work where significant
environmental risk and noncompliance patterns are known to exist or where there are important opportunities to improve performance.
This work includes: 1) Implementing Clean Air Act National Enforcement Initiatives; 2) Assuring Safe Drinking Water; 3) Reducing
Pollution from Mineral Processing Operations; 4) Assuring Energy Extraction Sector Compliance with Environmental Laws; 5)
Implementing the Clean Water Act Action Plan; 6) Advancing Next Generation Compliance; and 7) Strengthening State Performance
1 When referring to states and tribes throughout this NPM guidance, OECA is referring to states and tribes authorized to implement federal programs. EPA
implements programs in states and Indian country unless and until EPA approves the state or tribe to implement the inspection and enforcement program.
2 EPA consults with tribes consistent with the EPA Policy on Consultation and Coordination with Indian Tribes and Executive Order 13175.
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and Oversight. With the exception of what's discussed in this Addendum, the rest of OECA's FY 2014 NPM Guidance applies to FY
2015. EPA looks forward to working together with its state and tribal partners during FY 2015 to achieve our shared environmental
goals.
II. Key Changes for FY 2015
The table below summarizes each significant change from OECA's FY 2014 NPM Guidance (NPMG) and identifies revised language
and/or activities to be implemented in FY 2015. The page number refers to the location of the original language in OECA's FY 2014
NPMG, which can be accessed at http://www2.epa.gov/planandbudget/national-program-manager-guidances. All of these changes
provide additional direction for and will be implemented in FY 2015, along with the rest of the FY 2014 NPM Guidance which
remains the same and carries over.
Page # Strengthening State Performance and Oversight
Key Change: State Review Framework (SRF) Round 3 Efficiencies and Updated National Strategy.
OECA changed the language to reflect SRF Round 3 efficiencies and the final National Strategy for Improving Oversight of State
Enforcement Performance, both effective as of December 2013. OECA also removed the references to MOA reviews by the regions
and integrated PQR-SRF reviews.
13-14
Activities: OECA revised the first full paragraph on page 13 to reads as follows with the new language underlined:
"In FY 2013. based on pilot reviews conducted in FY 2012. OECA. the EPA regions, and states incorporated program changes that
will improve SRF effectiveness while reducing the resources necessary to conduct reviews. Also, in 2013. OECA issued the
National Strategy for Improving Oversight of State Enforcement Performance. The National Strategy clarifies that an integral part of
the SRF is a consistent national approach for dealing with significant state enforcement performance issues, once they have been
identified. The National Strategy describes three sets of actions aimed at improving state enforcement performance to achieve the
above-stated goals: (1) an escalation approach to problem-solving; (2) the regular and periodic State Review Framework evaluation
process; and (3) transparency efforts."
In the section on regional activities on page 13, OECA:
• Revised the first bullet so that it reads: "Conduct all Round 3 SRF reviews of state CAA, CWA, and RCRA enforcement
program scheduled for 2015. following Round 3 headquarters guidance issued in December 2013 and available on the ECHO
SRF page."
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• Deleted the second bullet which read as follows: "Review MOAs as part of the CWA-NPDES integrated review process,
using the OW/OECA criteria and checklist. Ensure identified issues are addressed as needed by the end of FY 2017."
• Revised the fourth bullet to remove the reference to tracking results of integrated CWA reviews; the revised bullet now
reads: "Monitor progress of states in carrying out the recommendations and record progress quarterly in the SRF Tracker."
• Revised the last bullet in the regional activities section, which now reads: "Review the number of SNC/HPVs identified (and
percent of universe) by state and the number (and percent) addressed in a timely and appropriate manner."
In the section on state and local agency activities on page 14, in the last bullet, OECA replaced the reference to "regions' review"
with a reference to "EPA's review"; the last bullet now reads:
• "Where EPA's review of state-EPA MOAs determines that MOAs might require revision, updating or supplementation,
states should work cooperatively with the EPA regions to identify and complete appropriate actions."
Page # State Review Framework (SRF) Measure
Appendix
1, page 3
Key Change: Revision of State Review Framework Measure SRF 01.
For FY 2015, OECA clarified State Review Framework (SRF) ACS measure SRF01. OECA changed the language to reflect that:
1) as part of the SRF efficiencies process, the schedule for completing SRF final reports was extended from fiscal year to calendar
year; and 2) integrated CWA-NPDES SRF and Permit Quality Reviews (PQRs) are now optional for the regions.
Activities: The new SRF 01 measure reads as follows with changes underlined:
SRF 01: Finalize all Round 3 SRF reports for state CAA. CWA and RCRA enforcement programs scheduled for calendar year 2014
no later than December 31. 2014 (first quarter of FY 2015). By September 30. 2015. complete draft reports for all Round 3 SRF
reviews scheduled for calendar year 2015. (Final reports are to be completed by December 31. 2015 (first quarter of FY 2016).)
Regions in FY 2013 developed a plan to complete all Round 3 state reviews by the end of calendar year 2017. OC and OWM will
hold annual discussions with regions to establish whether any modifications to the schedules are necessary.
Key Change: Revision of CWA Compliance Monitoring Strategy (CMS).
OECA is currently revising the CWA Compliance Monitoring Strategy (CMS). The final revised CMS will be implemented
beginning in FY 2015. EPA is revising the CWA CMS as a result of a national dialogue with states about expanding compliance
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monitoring activities that may be included in a state's CMS plan and an internal evaluation of implementation of the 2007 CWA
CMS.
Activities: The revised CWA CMS will further explain how regions and states can prepare alternative CMS plans that may
encompass expanded compliance monitoring tools, such as off-site desk audits and focused inspections. It will also update the
national goals set forth in the 2007 CMS to simplify CMS planning and implementation. For example, where the 2007 CMS had
separate compliance monitoring goals for small and large construction sites, the revised CMS will have one goal for all construction
sites. The ACS measure CWA07 has been updated accordingly.
In the CWA section, OECA updated the dates for submittal of information in the following 2 bullets on pages 18 and 19 respectively:
• Develop annual compliance monitoring plans that take advantage of the flexibility available in the NPDES CMS. Provide FY
2015 CMS plans to OECA by December 31, 2014.
EPA regions should:
• Track compliance monitoring activities and submit annual end of year (EOY) reports for each state and for regional direct
implementation to OECA by December 31, 2015. EOY reports should account for all compliance monitoring activities
conducted in the prior year in accordance with the NPDES CMS.
OECA deleted the following 2 bullets from page 18 because the revised CWA CMS already takes these activities into account:
• Implement activities that the EPA initiates as part of the evaluation of the 2007 NPDES CMS (final document anticipated during
FY2013).
• Implement the guidance resulting from the compliance monitoring national dialogue on what activities count as "compliance
monitoring" under the 2007 NPDES CMS.
Key Change: Revision of ACS measure CWA07.
For FY 2015, OECA updated measure CWA07 to ensure consistency with proposed revisions to the CWA CMS.
Activities: For FY 2015, OECA revised CWA07 to read as follows, with the new language underlined:
"By December 31, 2014. provide to OECA a specific NPDES Compliance Monitoring Strategy (CMS) plan for each authorized state
in the region and a regional plan wherever EPA direct implementation occurs (i.e., non-authorized states, territories, Indian country,
pretreatment, etc.), targeting the most significant sources with potential to impact water quality. Each CMS plan should be
developed in accordance with the guidelines in Part 1 of the 2014 revised CMS. Any proposed alternative CMS plan should be
provided to OECA for consultation and review by August 15. 2014.
Appendix
1, page 4
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By December 31, 2015. provide for each state and direct implementation area, a numerical end of year report on EPA and state
inspection plan outputs, by category and subcategory. To increase the transparency of NPDES inspection data, OECA will make this
data available to the public."
Page # Approach to Greenhouse Gas Reporting Program
23,24
Key Change: Green House Gas (GHG) Reporting Program. OECA updated the reference to the GHG Reporting Program.
EPA reviews and addresses GHG Reporting Program noncompliance issues on an annual basis and updates its annual national
approach accordingly. Due to the current high rate of compliance with the GHG reporting rule, for FY 2015, any GHG reporting
noncompliance issues will be addressed on a case-by-case basis by the EPA regions. See affected activities below.
Activities: The current introductory description on page 23 of the FY 2014 NPM Guidance was shortened to read, "The CAA
compliance assurance and enforcement activities, described below, should be implemented to help ensure compliance with the CAA
and implementing regulations."
The first bullet on page 24 of the FY 2014 NPM Guidance which addresses regional activities was updated to read:
• Work collaboratively with OECA and OAR to identify and address, as appropriate, noncompliance issues that arise in the
Greenhouse Gas (GHG) Reporting Program.
-
23,25
Key Change: Revision of CAA Compliance Monitoring Strategy (CMS).
OECA revised the CAA CMS to expand upon the flexibility provided to states/locals/tribes when conducting compliance monitoring
activities to further promote the use of a variety of techniques for determining compliance and addressing local air pollution and
compliance concerns.
Activities: As discussed in the revised CAA CMS, when completing a full or partial compliance evaluation, state, local and tribal
agencies should, where appropriate and feasible, utilize advanced monitoring technologies to detect and document emissions and
record ambient conditions. The use of advanced emissions/pollutant detection technology is valuable as a screening tool to identify
pollution problems but also may be useful to identify and measure noncompliance. Examples of such technologies include infrared
cameras, fence line monitors, sensor network-based leak detection systems, mobile methane monitors, and photo ionization
detectors.
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Page # CAA06 ACS Measure
Appendix
1, page 5
Key Change: Clarification of CAA06 ACS Measure
For purposes of clarity, OECA updated the language in ACS Measure CAA06 to indicate when a commitment is pursuant to an
approved alternative plan.
Activities: For FY 2015, OECA revised CAA 06 to read as follows, with the new language underlined:
Ensure that delegated state, tribal and local agencies implement their compliance and enforcement programs in accordance with the
CAA CMS and have negotiated facility-specific CMS plans in place. The regions are to provide the number of FCEs at majors and
80% synthetic minors to be conducted by individual state/local agencies to demonstrate program implementation consistent with CMS.
However, if a delegated agency negotiates with a region an alternative CMS plan or alternative activities (pursuant to the CAA CMS
national dialogue), this commitment should reflect the alternative plan. [Note: Break out evaluation and activity projections (e.g.,
FCEs; PCEs included in alternative plan) by source classification. Please indicate when a commitment is pursuant to an approved
alternative plan.1. Prior to approving an alternative plan, regions should consult with the Office of Compliance (OC) and provide OC
with information on how the state, tribal or local agency compliance monitoring air resources will be redirected and the rationale for
making the change.
Page # Elimination of OSRE Measure
Deleted
reference
from page
28 [top]
and
Appendix
1, page 8
Key Change: Elimination of Measure OSRE 04.
OSRE is proposing to retire, beginning in FY 2015, the ACS Measure OSRE 04, which requires EPA regions to ensure that two
financial assurance instruments for corrective action are reviewed per state. This commitment was created as part of OECA's
Enforcement Priority for financial assurance which ended in FY 2010. Since financial assurance (FA) has returned to the EPA
regions' core functions, it appears that corrective action FA is being monitored and reviewed consistently and we don't need a
separate ACS measure on this topic..
Activities: For FY 2015, OECA deleted the reference to measure OSRE 04 in the measures section on page 28 and in appendix 1,
page 8, in the FY 2014 NPMG. See the next section on expanded ACS measure RCRA-01 which reflects that corrective action
financial responsibility is part of EPA's RCRA core program.
Page # Expansion of RCRA Measure to Address Corrective Action Financial Responsibility
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Appendix
1, pages
5-6
Key Change: Revision of Measure RCRA 01.
OECA updated measure RCRA01 because corrective action financial responsibility is addressed as part of the RCRA core program
and measure OSRE 04 was eliminated for FY 2015.
Activities: For FY 2015, OECA revised RCRA 01 to read as follows, with the new language underlined:
"Project by state, and Indian Country where applicable, the number of operating non-governmental TSDFs, to be inspected by the
region during the year. Regions must commit to inspect at least two (2) TSDFs in each state or Indian country unless OECA
approves a deviation from this requirement, as indicated in the initial OECA opening bid. Financial responsibility is an important
component of the RCRA core program and evaluating compliance with 40 CFR Parts 264/265 Subpart H and corrective action
financial responsibility should be included in the RCRA core program inspections. Regions must commit to inspect at least the same
number of financial assurance instruments at RCRA operating facilities as the region inspects for operating CEIs. Once a region
exceeds the number of CEIs and FA instrument reviews from the final agreed upon bid, any additional CEIs will not require a
corresponding FA instrument review. The determination of which financial assurance instruments to review should take into account
the potential risk posed by the facility, the type of financial assurance instrument provided by the facility, and whether the financial
assurance instrument has been previously reviewed and is the same type of instrument (this does not apply to the financial test, which
may be reviewed each year). The review of financial assurance instruments is for RCRA Subtitle C closure and post-closure and
includes corrective action if there is a corrective action obligation at the facility under review."
Page # Clarification of RCRA Measure O2.s
Appendix
1, page
7
Key Change: Revision of Measure RCRA 02.s.
OECA updated measure RCRA02.S to clarify that the region should identify in the comment field for RCRA 02.s any state that is
following an approved alternative plan and a breakout of the inspection numbers in the plan.
Activities: For FY 2015, OECA revised RCRA 02.s to read as follows, with the new language underlined:
Project by state the number of LQGs to be inspected by the state during the year. At least 20 percent of the LQG universe should be
covered by combined federal and state inspections unless an alternative plan is approved under the RCRA CMS. The region should
identify in the "Comment" field of BAS any state that is following an approved Alternative Plan and a breakout of the inspection
numbers in the plan.
Page # Community Engagement Initiative
Key Change: Clarification of Community Engagement Initiative
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40
For purposes of clarity and to more fully explain the Community Engagement Initiative, OECA revised the last bullet in the regional
activities section on page 40 of the FY 2014 NPM Guidance. The current bullet reads as follows:
• Implement the Community Engagement Initiative designed to enhance headquarters and regional program engagement with
states, tribes, local communities and stakeholders to meaningfully participate in government decisions on land cleanup,
emergency response, and the management of hazardous substances and waste. Information can be found at:
http://www.epa.gov/oswer/docs/cei action plan 12-09.pdf.
Activities: For FY 2015, the last bullet on page 40 will be replaced with the following language:
• During FY 2015, the regions should continue to implement the Community Engagement Initiative (CEI) started in October
2009 to enhance Agency cleanup programs and related regional engagement with local communities. The CEI promotes
transparent and accessible decision-making processes and delivery of information that communities can use to easily and
meaningfully participate in agency work. Proactive, meaningful engagement with communities helps EPA programs obtain
better information about environmental problems and local situations, leading to more effective policies and decisions that
can support community goals and plans.
Page # Revision of Federal Facilities Measure
Appendix
1, page 4
Key Change: Revision of Measure FED-FAC 05.
The Federal Facilities Enforcement Office (FFEO) recognizes regional resource reductions and wishes to be as flexible as possible
with the regions during the FY 2015 ACS commitment bidding process. FFEO is in the process of working with regional federal
facilities managers to update ACS measure FED-FAC 05 accordingly.
Activities: FFEO is updating ACS measure FED-FAC 05 for FY 2015 to facilitate flexibility. New language is underlined below.
FED-FAC 05: Conduct ten (10) federal facility inspections to support national Integrated Strategy Areas, exploratory categories,
official regionally designated priorities or regional enforcement enhancement plans. These 10 inspection commitments can be
achieved through any combination of single media or multimedia inspections, with the following limitations: (1) a maximum of four
vulnerable community inspections can count toward this goal; and (2) for any multimedia inspection conducted, it shall count as up
to four inspections toward this goal if up to four of the individual inspections support the Integrated Strategies and/or official
regionally-designated priorities. Further, up to four (4) official regionally-designated priorities can count toward the commitment, if
the region determines that inspections up to that number are more desirable than the same number of Integrated Strategy inspections
in the region. All of these inspections may simultaneously satisfy inspection commitments required in any National Enforcement
Initiative or other core program area. Due to continuing resource constraints. FFEO and the regions are in the process of revisiting
this commitment. FFEO will be as flexible as possible in assisting the regions in meeting this vital federal facility commitment.
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Page # Clarification of Concentrated Animal F
Operations (CAFO) Measures
Appendix
1, page 2
Key Change: Updated CAFO National Enforcement Initiative (NEI) Measures
Measures: For the CAFO initiative, see the updated ACS measures PBS-CAF002, CAF007 and CAF008 below and in Appendix I,
page 2.
PBS-
CAF002 Number of federal AFO/CAFO inspections
PBS-
CAF007 Number of federal CAFO addressing actions
PBS- Submit 1 progress report per federal fiscal year.
CAF008
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Appendix: FY 2015 Annual Commitment System (ACS) Measures
This appendix incorporates all changes to date in OECA's FY 2015 measures; the revisions are underlined on pages 2-6 of this
appendix.
ENVIRONMENTAL PROTECTION AGENCY Office of Enforcement and Compliance Assurance
FY 2015 NPM GUIDANCE MEASURES APPENDIX
G/
o/
«*
5
5
5
5
5
5
ACS
Code
PBS-
ATX03
PBS-
ATX04
PBS-
NSR01
PBS-
INTSRO?
PBS-
NSR03
PBS-
1NTSR04
Measure Text
Number of facilities evaluated for compliance within the
national focus areas.
Number of addressing actions at facilities within the national
focus areas.
Number of NSR/PSD investigations of cement plants.
Number of investigation completion reports or referrals to
DOJ for cement plants.
Number of NSR/PSD investigations of glass manufacturing
plants.
Number of completion reports or referrals to DOJ for glass
manufacturing plants.
Non-
Commitment
Indicator
(Y/N)
N
N
N
N
N
State
Performance
Measure
(Y/N)
N
N
N
N
N
Planning Target3
Y
Y
Y
Y
Y
National Target (FY
2015 Pres. Bud)
N
N
N
N
N
3 Annual Commitment System (ACS) planning targets for FY 2015 are negotiated between the EPA regions and headquarters during 2014. For the measures
which encompass state activities, the EPA regions coordinate with the affected states on the planning targets as applicable.
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5
5
5
5
5
5
5
5
5
5
5
5
5
PBS-
NSR05
PBS-
NSR06
PBS-
NSR07
PBS-
NSR08
PBS-
NSR09
PBS-
M105
PBS-
M106
PBS-
M107
PBS-
M108
PBS-
CAF002
PBS-
CAF007
PBS-
CAF008
PBS-
MNP05
Number of NSR/PSD investigations of nitric and/or sulfuric
acid plants.
Number of investigation completion reports or referrals to
DOJ for nitric and/or sulfuric acid plants.
Number of NSR/PSD investigations of coal -fired electric
utilities.
Number of completion reports or referrals to DOJ for coal-
fired electric utilities.
Number of facilities reviewed for prospective projects that
trigger NSR.
Number of Phase 1 municipal separate storm sewer system
permit assessments conducted.
Number of civil judicial referrals and/or addressing actions
for sanitary sewer systems (SSS) with total treatment
capacity >10 mgd.
Number of civil judicial referrals and /or addressing actions
for CSS communities serving populations >50,000.
Number of civil judicial referrals and/or addressing actions
for Phase I and II MS4s.
Number of federal AFO/CAFO inspections
Number of federal CAFO addressing actions
Submit 1 progress report per federal fiscal year.
Number of targeted mines, mineral processing facilities, or
both, inspected.
N
N
N
N
N
N
N
N
N
N
N
N
N
N
N
N
N
N
N
N
N
N
N
N
N
N
Y
Y
Y
Y
Y
Y
Y
Y
Y
Y
Y
Y
Y
N
N
N
N
N
N
N
N
N
N
N
N
N
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5
5
5
5
5
PBS-
EE01
PBS-
EE03
SDWA02
SRF01
EJ01
Number of compliance evaluations/inspections conducted in
any media at land-based natural gas extraction and
production sites (e.g., wells, compressor stations, gas plants),
and at disposal sites (e.g., injection wells, lagoons, ponds,
land application).
Number of land-based natural gas extraction and production
addressing actions.
During FY2015. the primacy agency must address with a
formal enforcement action or return to compliance the
number of priority systems equal to the number of its PWSs
that have a score of 1 1 or higher on the July 2014 ETT
report. State, territory and tribal breakouts shall be indicated
in the comment field of the Annual Commitment System.
Please note: A primacy agency's success at addressing
violations will be tracked by means of the quarterly ETT
reports. Numerical targets may be adjusted at mid-year.
While it remains the ERP's goal that all of a priority
system's violations will be returned to compliance, a primacy
agency has met its commitment under the 2015 SDWA ACS
measure with respect to a priority system if the score for that
system has been brought below, and remains below, eleven.
Finalize all Round 3 SRF reports for state CAA, CWA and
RCRA enforcement programs scheduled for calendar vear
2014 no later than December 3 1, 2014 (first quarter of FY
2015). By September 30, 2015, complete draft reports for all
Round 3 SRF reviews scheduled for calendar vear
2015. (Final reports are to be completed bv December 31,
2015 (first quarter of FY 2016).) Regions in FY 2013
developed a plan to complete all Round 3 state reviews by
the end of calendar year 2017. OC and OWM will hold
annual discussions with regions to establish whether any
modifications to the schedules are necessary.
Percentage of non-exempt cases brought by the EPA in areas
determined by the EPA to have potential EJ concerns.
[Note: While we are tracking this measure, there is no
specific target number or trend we expect to achieve. EJ is
N
N
N
N
Y
N
N
Y
N
N
Y
Y
Y
Y
N
N
N
N
N
N
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one of many factors the Agency considers in bringing an
enforcement action.!
FED-
FAC05
Conduct ten (10) federal facility inspections to support
national Integrated Strategy Areas, exploratory categories,
official regionally designated priorities or regional
enforcement enhancement plans. These 10 inspection
commitments can be achieved through any combination of
single media or multimedia inspections, with the following
limitations: (1) a maximum of four vulnerable community
inspections can count toward this goal; and (2) for any
multimedia inspection conducted, it shall count as up to four
inspections toward this goal if up to four of the individual
inspections support the Integrated Strategies and/or official
regionally-designated priorities. Further, up to four (4)
official regionally-designated priorities can count toward the
commitment, if the region determines that inspections up to
that number are more desirable than the same number of
Integrated Strategy inspections in the region. All of these
inspections may simultaneously satisfy inspection
commitments required in any National Enforcement
Initiative or other core program area. Due to continuing
resource constraints. FFEO and the regions are in the process
of revisiting this commitment. FFEO will be as flexible as
possible in assisting the regions in meeting this vital federal
facility commitment.
N
N
100 federal facility
inspections nationally
N
CWA07
By December 31, 2014. provide to OECA a specific NPDES
Compliance Monitoring Strategy (CMS) plan for each
authorized state in the region and a regional plan wherever
EPA direct implementation occurs (i.e., non-authorized
states, territories, Indian country, pretreatment, etc.),
targeting the most significant sources with potential to
impact water quality. Each CMS plan should be developed
in accordance with the guidelines in Part 1 of the 2014
revised CMS. Any proposed alternative CMS plan should be
provided to OECA for consultation and review by August
15.2014.
By December 31, 2015. provide for each state and direct
implementation area, a numerical end of year report on EPA
and state inspection plan outputs, by category and
N
N
Y
N
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subcategory. To increase the transparency of NPDES
inspection data, OECA will make this data available to the
public.
CAA04
The number of compliance evaluations to be conducted by
the regions at majors sources, 80% synthetic minors, and
other sources (as appropriate). [Note: Region should break
out evaluation projections by source classification and by
compliance monitoring category (FCE, PCE, and
Investigations).] Projected investigations under this
commitment are those investigations initiated by the regions
for the air enforcement program outside of the National
Enforcement Initiatives, and identified by the air program
(e.g., MACT, NSPS).
N
N
Y
N
CAA06
Ensure that delegated state, tribal and local agencies
implement their compliance and enforcement programs in
accordance with the CAA CMS and have negotiated facility-
specific CMS plans in place. The regions are to provide the
number of FCEs at majors and 80% synthetic minors to be
conducted by individual state/local agencies to demonstrate
program implementation consistent with CMS. However, if a
delegated agency negotiates with a Region an alternative CMS
plan or alternative activities (pursuant to the CAA CMS
national dialogue), this commitment should reflect the
alternative plan. [Note: Break out evaluation and activity
projections (e.g., FCEs; PCEs included in alternative plan) by
source classification. Please indicate when a commitment is
pursuant to an approved alternative plan.1 Prior to approving
an alternative plan, regions should consult with the Office of
Compliance (OC) and provide OC with information on how
the state, tribal or local agency compliance monitoring air
resources will be redirected and the rationale for making the
change.
N
Y
Y
N
RCRA01
Project by state, and Indian Country where applicable, the
number of operating non-governmental TSDFs, to be
inspected by the region during the year. Regions must
commit to inspect at least two (2) TSDFs in each state or
Indian country unless OECA approves a deviation from this
requirement, as indicated in the initial OECA opening
bid. Financial responsibility is an important component of
N
N
Minimum of 100
TSDFs nationally
N
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the RCRA core program and evaluating compliance with 40
CFR Parts 264/265 Subpart H and corrective action financial
responsibility should be included in the RCRA core program
inspections. Regions must commit to inspect at least the
same number of financial assurance instruments at RCRA
operating facilities as the region inspects for operating CEIs.
Once a region exceeds the number of CEIs and FA
instrument reviews from the final agreed upon bid, any
additional CEIs will not require a corresponding FA
instrument review. The determination of which financial
assurance instruments to review should take into account the
potential risk posed by the facility, the type of financial
assurance instrument provided by the facility, and whether
the financial assurance instrument has been previously
reviewed and is the same type of instrument (this does not
apply to the financial test which may be reviewed each
year). The review of financial assurance instruments is for
RCRA Subtitle C closure and post-closure and includes
corrective action if there is a corrective action obligation at
the facility under review.
RCRA01.
Project by state the number of operating TSDFs to be
inspected by the state during the year.
Note: Only one inspection per facility counts towards this
coverage measure. The RCRA CMS establishes minimum
annual inspection expectations for TSDFs. At least 50 percent
of the operating non-governmental TSDFs in the state must be
inspected annually. The onsite inspections for RCRA01 and
RCRAOl.s should be CEIs. Completing the commitment
includes evaluating compliance with the financial assurance
requirements, 40 CFR Parts 264/265 Subpart H. Financial
responsibility is an important component of the RCRA core
program and should be included as part of the inspection of
each TSDF (although the financial responsibility reviews do
not have to occur at the same time nor be conducted by the
same people who conduct the field inspections).
N
Y
Y
N
RCRA02
Project by state and Indian country, the number of LQGs,
including those at federal facilities, to be inspected by the
N
N
Minimum of 300
LQG inspections
N
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5
5
5
5
RCRA02.
$
RCRA03
HQ-VOL
TSCA
01OC
region during the year. Each region must commit to inspect
at least six (6) LQGs in each state, and 20% of the region's
LQGs universe in Indian country, unless OECA approves a
deviation from this requirement. For example, deviations are
given for states with small universes where it doesn't make
sense for a region to inspect 6 LQGs per year or 20% of the
region's LQG universe in Indian country. Regions should
select at least 2 of the region's total LQG inspections at
facilities described in the high priority section as areas of
emerging environmental concern. Regions may work with
OECA to coordinate these inspections, including whether the
inspection will be conducted at a TSDF or LQG. In the
Comment Section, provide the number of federal facility LQG
inspections.
Project by state the number of LQGs to be inspected by the
state during the year. At least 20 percent of the LQG universe
should be covered by combined federal and state inspections
unless an alternative plan is approved under the RCRA CMS.
The region should identify in the "Comment" field of BAS
anv state that is following an approved Alternative Plan and a
breakout of the inspection numbers in the plan.
Inspect each operating TSDF operated by states, local, or
Tribal governments.
Volume of Contaminated Media Addressed (VCMA). As
part of the Goal 5 sub-objective, Support Cleaning up Our
Communities, the following is the GPRA target:
By 2015, obtain commitments to clean up 1.5 billion cubic
yards of contaminated soil and groundwater media as a
result of concluded CERCLA and RCRA corrective action
enforcement actions.
OECA has reported VCMA for contaminated soil and
groundwater media as separate measures in its annual results
since 2004. The GPRA target is a national target and regions
are not required to post commitments in ACS.
Project the total number of FY 2015 TSCA inspections. In
the comment field of the Annual Commitment System
N
N
N
N
Y
N
N
N
nationally and 20%
of LQGs in Indian
Country
Y
Y
200 million cubic
yards
Y
N
N
N
N
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5
5
5
5
5
5
TSCA
02OC
FIFRA-
FED1
OSRE-01
OSRE-02
EPCRA
01
EPCRA
02
(ACS), the region shall break out the number of projected
inspections by TSCA program area (LBP, PCBs, Asbestos,
New and Existing Chemicals). Note: The LBP component of
this TSCA ACS commitment (TSCA 01OC) will serve as
OECA 's FY 2015 measure of compliance work being done to
protect children 's health.
Report other compliance monitoring activities at the end of
the year; and break-out the description of other such
activities by TSCA program area. (See the CMS for more
details).
Project regional (federal) FIFRA inspections. Each region
should conduct a minimum often (10) FIFRA inspections.
In the Comment Section, provide the number of federal
facility inspections.
Reach a settlement or take an enforcement action by the start
of remedial action at 99% of non-federal Superfund sites that
have viable, liable parties.
Address all unaddressed costs in Statute of Limitations cases
for sites with total past Superfund costs equal to or greater
than $500,000 via settlement, referral to DOJ, filing a claim
in bankruptcy, or where appropriate write-off.
Conduct at least four (4) EPCRA 313 data quality
inspections.
Conduct at least twenty (20) EPCRA 313 non-reporter
inspections (and/or other compliance monitoring activities as
determined by the compliance monitoring national dialogue).
Y
N
N
N
N
N
N
N
N
N
N
N
N
Minimum of 100
FIFRA federal
inspections nationally
99 percent
100 percent of cases
Minimum of 40
nationally
Minimum of 200
nationally
N
N
N
N
N
N
*Goal/Objective/Sub-Heading
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