Office of Solid Waste and Emergency Response
FY 2015 ADDENDUM TO OSWER's
   FY 2014 NATIONAL PROGRAM
           MANAGER'S GUIDANCE
                             April 28, 2014

                    Publication Number 540R14001

-------
This page intentionally left blank

-------
TABLE OF CONTENTS

INTRODUCTION	I

KEY CHANGES FOR FY 2015	II

  CLIMATE CHANGE ADAPTATION	1
  ADVANCING SUPERFUND REMEDIAL CLEANUPS	1
  E-MANIFEST SYSTEM AND E-ENTERPRISE	2
  CHEMICAL RISK MANAGEMENT	4
  BROWNFIELDS AREA-WIDE PLANNING	5
  SUPERFUND FEDERAL FACILITY RESPONSE	5
  BROWNFIELDS AND LAND REVITALIZATION	6
  SUSTAINABLE MATERIALS MANAGEMENT	7
  RCRA PERMITTING	8
  RCRA CORRECTIVE ACTION	8
  UNDERGROUND STORAGE TANKS 	9
  COMMUNITY ACTION FOR A RENEWED ENVIRONMENT	9

MEASURES APPENDIX	Ill

-------
This page intentionally left blank

-------
Introduction

The Office of Solid Waste and Emergency Response (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.  OSWER also
collaborates with other agency programs on cross-media issues to address environmental
concerns as One EPA.

Considerations for FY 2015 Program Implementation

OSWER's guidance for FY 2014 provides program priorities and expectations to our regional
colleagues and partners for carrying out our land- and community-based programs. As such, the
FY 2014 guidance should be considered a framework for implementing these same programs in
FY 2015. This addendum to the FY 2014 OSWER national program guidance contains
additional direction important for FY 2015 program implementation and updated ACS measures
and targets. Further, we would like to highlight the following important topics:

Chemical Plant Safety and Security. On August 1, 2013, the Executive Order on Improving
Chemical Facility Safety and Security directed the federal government to improve  operational
coordination with state and local partners; enhance federal agency coordination and information
sharing; modernize policies, regulations and standards; and work with stakeholders to identify
best practices.  EPA is making steady progress toward achieving these  critical outcomes.  In
early FY 2015, we will provide additional guidance on specific actions to be taken in support of
this effort.

Climate Change Adaptation. In November 2013, OSWER, along with EPA's other media
offices and ten regional offices, released its Climate Change Adaptation Plan. In its plan,
OSWER recognizes that anticipating and planning for future changes in the climate and
incorporating climate considerations into its programs and operations is critical for OSWER to
continue to achieve its mission and fulfill its statutory, regulatory, and programmatic
requirements.

State, Tribal and Local Partnerships. OSWER recognizes the important work that  our partners
undertake in implementing environmental programs. As we move forward with developing an
approach for a two-year NPM Guidance process, we will seek to better align with the National
Environmental Performance Partnership System to more effectively advance the achievement of
agency goals.

-------
                   Office of Solid Waste and Emergency Response: Key Changes for FY 2015
Multiple  Issue Area: Climate Change Adaptation Plans
 Pages
          Key Change: OSWER's draft Climate Change Adaptation Implementation Plan, developed by a workgroup of program office and
          regional representatives, identified actions that would integrate consideration of the possible impacts of climate change into
          OSWER's work. Program offices at headquarters will begin implementation of the plan in FY 2014; regional experience and
          involvement will be sought where appropriate. Furthermore, OSWER recognizes that the regional plans included OSWER-related
          activities as well, with which headquarters will assist.	
          Activities: OSWER identified 26 actions to begin over the next three years, including, but not limited to, reviewing remedy
          effectiveness, management of storm debris, and emergency management planning. Selected actions include:

          Headquarters
             The Superfund Remedial program proposed developing criteria to identify cleanup remedies where performance may be
             impacted by climate change. EPA's Federal Facility Response program will also contribute to this action.
             The Emergency Response and Prevention program identified actions to ensure Emergency Operations Center staff are
             provided with the most accurate and comprehensive information that takes into consideration changes in climate.
             The Brownfields and Land Revitalization program revised language in grant terms and conditions to include language
             requiring recipients of certain grants take potential changing climate conditions into consideration when evaluating cleanup
             alternatives.
             The Resource Conservation and Recovery program proposed working with states and tribes to develop recommendations to
             incorporate consideration of climate change impacts into permitting programs.
             The Underground Storage Tank program proposed working with states to gather information about whether and how states
             currently alter remediation planning or risk factors and ranking in response to climate change.

          Headquarters and regions
             In a related effort, the Emergency Response and Prevention program will work with the regions to gather information related
             to removal responses to see if there is a possibility these actions were prompted by extreme weather or climate change.

          The EPA Climate Change Adaptation Plans can be found at http://www.epa.gov/climatechange/impacts-adaptation/fed-
          programs/EPA-impl-plans.html
 Page 9   Issue Area: Advancing Superfund Remedial Cleanups
          Key Change: Superfund Program Review; Implementing Remedial Acquisition Framework. OSWER's Office of Site Remediation
                                                  Attachment II, Page 1 of 9

-------
                  Office of Solid Waste and Emergency Response: Key Changes for FY 2015
          and Technology Innovation (OSRTI) expects to issue the Remedial Acquisition Framework in FY 2014. 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.	
         Activities:
         Headquarters
            The Superfund Remedial program will continue to implementthe Remedial Acquisition Framework's concepts in FY 2015.
            Initial efforts for FY2015 include the development of the contract suites that will replace the expiring remedial action
             contracts, including soliciting and awarding new contracts.
            A transition plan, which outlines a National Acquisition Center, will be established to manage the new framework.
          Key Change: Superfund Program Review; Implementing Groundwater Strategy.  OSRTI expects to issue the Groundwater Remedy
          Completion Strategy in FY 2014 following consideration of public comments. The Strategy is intended to help focus resources
          toward the efficient and effective completion of groundwater remedies to ensure protection of human health and the environment.
         Activities:
         Headquarters
            OSRTI will continue to provide support and training to the regions and others on the strategy to help ensure efficient
             attainment of groundwater cleanup objectives throughout the Superfund remedial program.
Page 13   Issue Area: e-Manifesl
          Key Change: The Hazardous Waste Electronic Manifest Establishment Act required EPA to issue an implementing regulation
          authorizing the use of electronic manifests. In FY 2014, the EPA finalized this regulation (i.e. "one year rule") which codifies several
          of the essential provisions of the Act, and provides the legal and policy framework to authorize use of electronic manifests, once
          the e-Manifest IT system is ready.
         Activities:
         States
            States are required to adopt the "one year rule" in accordance with requirements and timeframes in 40 CFR Part 271.

         Headquarters
            The agency will prepare the checklists and related authorization guidance to help the states develop their e-Manifest revision
             applications.
                                                  Attachment II, Page 2 of 9

-------
                   Office of Solid Waste and Emergency Response: Key Changes for FY 2015
          Key Change: User Fee Regulatory Development The EPA will continue developing the initial fee structure of the e-Manifest IT
          system, including implementation and compliance dates, through a rulemaking.	
          Activities:
          Headquarters
            EPA will convene regulatory work group meetings on fee model and proposed rule and complete the proposed rule for
             submission to OMB.

          Headquarters, regions and states
            EPA will conduct outreach to relevant stakeholders while developing the proposed rule. States' experience using and
             processing manifest data, as well as operating manifest data systems will be very valuable to this regulatory development
             effort Stakeholders and interested parties will also have the opportunity to comment on the proposed rule when it is
             published.
          Key Change: e-Manifest IT System Development In FY 2014, the EPA will have continued e-Manifest system planning through
          formulation of a system implementation strategy and technical architecture. Building on system requirements and with additional
          stakeholder discussions, this technical architecture will provide the foundation for full system development/build.
          Activities:
          Headquarters
            Pending receipt of requested funding, the EPA anticipates procurement activities for building the e-Manifest IT system to begin
             in the first quarter of FY 2015 (October - December 2014), with a target contract award date in the third quarter FY 2015
             (April-June 2014).

          Headquarters, regions and states
            The agency will continue to work closely with states (and industry users) in building the e-Manifest IT system, and will
             carefully address interoperability between their existing systems and the new national system.
Page 13   Issue Area: e-Enterprise
          Key Change: More accurately represent current agency-wide streamlining efforts for financial assurance reporting. Re-assessing
          cross-program effort to convert existing financial assurance paper reporting to electronic reporting.
          Activities: Disregard the following text in the third paragraph of page 13 associated with the FY 2014 E-Enterprise initiative:
                                                  Attachment II, Page 3 of 9

-------
                   Office of Solid Waste and Emergency Response: Key Changes for FY 2015
          "...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."
Page 18   Issue Area: Chemical Risk
          Key Change: Additional activities to be undertaken by OSWER's Office of Emergency Management regarding the Executive Order
          13650 - Improving Chemical Facility Safety and Security.
          Activities: Make progress and deliver key products in implementing the Executive Order 13650 - Improving Chemical Facility
          Safety and Security, including:

          Headquarters
               A draft plan to support and further enable efforts by states, tribes, local communities, first responders, and industry to
                work together to improve chemical facility safety.
               Based on the plan to the President, short, medium and long term actions will be identified.
               Engagement with key stakeholders in discussing options for modernizing regulations, guidance, and policy to enhance
                chemical safety at facilities; and
               A Request for Information to collect information on options to improve chemical facility safety.

          In a related effort, EPA has established a pilot program in EPA Region 2 using the Regional Response Team and Emergency
          Planning and Community Right-to-Know infrastructures in order to define high risk and inspection prioritization among federal
          agencies, identify how best to share information and data among agencies and first responders, and determine methods for
          improving access and content of chemical inventory Tier II filing.

          Headquarters and regions
               EPA will continue the work of this pilot program through FY 2015.
                                                  Attachment II, Page 4 of 9

-------
                 Office of Solid Waste and Emergency Response: Key Changes for FY 2015
Page 20    Issue Area: Brownfields Area-wide Planning (BF AWP) Grants
           Key Change: Changes provide updated timeframes for 2015 BF AWP grant competition and additional information to regions.
           Activities:
           Headquarters and regions
                 Approximately 20 BF AWP grants will be awarded to recipients in FY 2015. These grants will be managed in the EPA's
                  regional offices, with overall program support and implementation assistance from the Office of Brownfields and Land
                  Revitalization. This Office will also assist with convening other federal partners to facilitate implementation of the
                  plans and to leverage resources.  Additional technical assistance will be provided by Groundwork USA to support
                  grantee BF AWP implementation efforts.

           Regions
                  Continue to provide targeted brownfield assessments on brownfield properties that help implement already developed
                  brownfield area wide plans.
                  Provide TBAs for catalyst sites identified by the FY 2013 and FY 2015 BF AWP grantees.
                  Assist headquarters in efforts to convene other federal partners to facilitate implementation of the plans and to
                  leverage resources.
              \e Area: Superfund Federal Facility Response
           Key Change: Focus on the Federal Facilities Restoration and Reuse Office's (FFRRO) 'Centers of Expertise.' The Federal
           Facilities Response program has been operating with declining resources, both extramural and FTE, since FY 2012. Due to
           these reductions, the program has reached the point where its current business approach will not enable the regions to
           effectively manage their federal facility NPL sites.	
           Activities:
           Headquarters
                 FFRRO will continue efforts to create a modernized business model for managing FTE that will consolidate cross-
                  cutting issues into a work-sharing design (e.g., Centers of Expertise) where FTE can be physically located in any region
                  but virtually organized to accommodate workload.

           Headquarters and regions
                 The new model will enable the rapid deployment of qualified/expert personnel to assist regions in meeting priority
           	goals and statutory requirements, based on workload.  In addition to the benefit of flexible workload support, the work
                                                Attachment II, Page 5 of 9

-------
Office of Solid Waste and Emergency Response: Key Changes for FY 2015



sharing/Centers of Expertise will provide unique professional development experiences for employees.
Issue Area: Brownfields and Land Revitalization Program
Key Change: Award and manage the FY 2015-2016 Assessment, Revolving Loan Fund and Cleanup (ARC) Grants, Changes
provided updated timeframes for ARC Grant competitions and provide additional information to regions.
Activities:
Headquarters and regions
 The agency plans to alternate the Revolving Loan Fund (RLF) grant competition cycles and award new RLF cooperative
agreements to eligible recipients every other year beginning in FY 2015. The next RLF grant competition will occur in
FY 2016. Alternating competition cycles will allow the program to focus on supporting and building the existing RLF
grantees' programs. Additionally, this schedule will allow regions to focus more intently on managing existing grants
and reducing unliquidated obligations in existing RLF grants. Supplemental RLF funding will continue to be awarded
annually to advanced RLF grantees that have grown their programs by making loans and subgrants. It will also allow
the program to focus on assisting these advanced RLFs in identifying new and creative ways within the statute to use
the RLF program to cleanup brownfields in their communities.
Headquarters
 Continue to work on the grant award and administration efficiencies consistent with the new guidance from OARM on
grant efficiencies. Attempt to commence larger grant competitions earlier, so that selections can occur and grant
application packages can begin being processed during the third quarter of the fiscal year.
Regions
 Award and manage the FY 2015 Assessment and Cleanup Grants.




Key Change: Manage ARC and RLF grant selection and Targeted Brownfield Assessment (TEA) funding.
Activities:
Headquarters and regions
 Continue efforts to ensure transparency and consistency in the regional process for funding requests for TBAs.
 Continue efforts to ensure staff are fully trained in ARC application reviews, and that outreach, application reviews and
debriefings of unsuccessful applicants are done in a nationally consistent way.

                        Attachment II, Page 6 of 9

-------
                Office of Solid Waste and Emergency Response: Key Changes for FY 2015
Pages
35-36
          Key Change: Allocate funding and manage the CERCLA 128(a) State and Tribal Response Program.
          Activities:
          Headquarters and regions
                Ensure funding is available and provided to states, tribes, and territories that demonstrate on the ground results and
                 support in establishing and enhancing their environmental response programs.
                Continue focus on changes to the program guidance to further outreach to rural, tribal, environmental justice and
                 economically distressed communities.
Issue Area: Sustainable Materials Management (SMM)
          Key Change: Intra-agency coordination on sustainability. Highlighting work coordinating with other EPA offices on
          sustainability.	
                                                                                                                       -
          Activities:
          Headquarters
                Collaborate across the agency, including with the Office of Chemical Safety and Pollution Prevention (OCSPP), the Office
                 of Research and Development (ORD), and the Office of Policy (OP) in implementing the Cross-Cutting Fundamental
                 Strategy: Working Towards a Sustainable Future from the Draft FY 2014-2018 EPA Strategic Plan. As part of this effort
                 provide leadership for furthering SMM through advancement of tools and program development and implementation.
                 Provide support for operationalizing the use of life cycle analysis for SMM decision making.
          Regions
                 Collaborate with OSWER on work furthering SMM and amplify program messaging within the regions.
          Key Change: Revised Sustainable Materials Management ACS measures to be clearer and more flexible. Revised measure SMS
          to read, "Number of new and active participants in the Sustainable Materials Management Challenges." The national target for
          SMS in FY 2015 is 450. ACS measure SM2, "Number of new participants with baselines for Sustainable Materials Management
          Challenges," will no longer be tracked in ACS beginning in FY 2015.	
          Activities:
          Headquarters and regions
                Provide leadership and support for implementation of the Sustainable Materials Management Challenges: the Food
                 Recovery Challenge, the SMM Electronics Challenge, and the Federal Green Challenge. Headquarters and regional
                 offices should collaborate with each other and with the SMM Executive Forum and SMM Challenge Teams in Challenge
          	development and implementation.	
                                               Attachment II, Page 7 of 9

-------
                 Office of Solid Waste and Emergency Response:  Key Changes for FY 2015
Page 37    Issue Area: RCRA Permitting
           Key Change: Undertake permit modification initiative. RCRA permits must be responsive to changing demands, both economic
           and technical. There is a continuing challenge to process permit modification requests in a timely manner so that permittees
           who seek changes to their facility design or operations (e.g., to take advantage of improvements in technology or shifts in waste
           streams being managed), are not delayed in effecting such changes. The RCRA permitting program does not have a ready way
           to track this information so work must be undertaken to better understand and support this critical area.	
 39-40
           Activities:
           Headquarters
                  EPA will launch a permit modification initiative inFY2014 with the intentto collect information about permit
                  modifications (e.g., types of modifications requested, reasons for the changes and the anticipated outcomes and
                  impacts) and develop a report to describe the efforts in this area, make recommendations for how to capture
                  modification information in the future, and determine ways to ensure the modification process does not present a
                  barrier to effecting innovative changes at hazardous waste management facilities.
           Issue Area:  RCRA Corrective Action
           Key Change: New Corrective Action Measure, CA7 - Number of RCRA facilities with corrective action performance standards
           attained.
           Activities:
           Regions
                  Guideline: CA7 - Regions will measure the number of facilities, using the facility-wide indicator, that have attained
                  CA900 (with or without controls) or CA999. This measure will increase 1% nationally from the baseline year of 2013.
                  The national target is 22% of the 2020 baseline (3,779) by the end of FY 2015 with corrective action performance
                  standards attained.
           Key Change: LEAN for Corrective Action, Each region will pilot LEAN activities related to RCRA corrective action. These
           activities will focus on efficiencies and better performance in the corrective action process to facilitate meeting our GPRA goals.
           Activities:
           Regions
                  Guideline: More efficient processes have been developed for the RCRA Facility Investigation (RFI) phase of the
                  corrective action process through a LEAN initiative run by EPA Regions 3 and 7. Materials generated by these
                  initiatives are available to assist in developing an RFI pilot project. Pilot projects can be for regional-lead or state-lead
                  facilities.  More information is available on the ORCR corrective action web page
                  rhttp://www.epa.gov/wastes/hazard/correctiveaction/l.
                                                 Attachment II, Page 8 of 9

-------
                   Office of Solid Waste and Emergency Response:  Key Changes for FY 2015
   Page 45    Issue Area:
             Key Change: Change date of expected newly revised UST regulations from fall of 2013 to fall of 2014.
             Activities:
             States
                  States will work toward implementation of the provisions of the newly revised UST regulations (expected to be
                   finalized by fall of 2014), 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.	
Appendix 1,  Issue Area: Community Action for a Renewed Environment (CARE)
Page 1
             Key Change: The ACS measure for the CARE program, CARE-1, is no longer being tracked beginning in FY 2014.
             Activity/ Revision:
             Regions
                  Disregard CARE-1 measure in OSWER's FY 2014 NPM Guidance. This measure was discontinued at the end of FY 2013
             	due to lack of funding for the program.	
                                                Attachment II, Page 9 of 9

-------
     ENVIRONMENTAL PROTECTION AGENCY
OFFICE OF SOLID WASTE AND EMERGENCY RESPONSE
   FY 2015 NPM GUIDANCE MEASURES APPENDIX
G/O
3.1
3.1
3.1
3.1
3.1
3.1
3.1
3.1
3.1
3.1
ACS Code
B29
B32
B33
B34
B37
SMS
CH2
PC1
PC2
PCS
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 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).
Non-
Commit-
ment
Indicator
(Y/N)
N
N
Y
Y
Y
N
N
Y
Y
Y
State
Grant
Measure
(Y/N)
Y
Y
N
N
N
N
N
N
N
N
Nat.
Target
1,200
115
2,800
4,750
1.1
450
460
140
100
10
               Attachment in, page 1

-------
     ENVIRONMENTAL PROTECTION AGENCY
OFFICE OF SOLID WASTE AND EMERGENCY RESPONSE
   FY 2015 NPM GUIDANCE MEASURES APPENDIX


G/O


3.2

3.2

3.2
3.2
3.3
3.3
3.3
3.3
3.3
3.3
3 3



ACS Code


HWO

ST1

ST6
TR1
137
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 Superfund removals completed.
Percent of all FRP facilities found to be non-compliant which are brought into compliance.
Percent of all SPCC facilities found to be non-compliant which are 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
Y
Y
Y
Y
N
N


State
Grant
Measure
(Y/N)
Y

Y

Y
N
N
N
N
N
N
Y
Y



Nat.
Target

110
< 6,965
(UST
releases)
70.5%
10
275
60%
60%
80%
14%
8,600
30

               Attachment in, page 2

-------
     ENVIRONMENTAL PROTECTION AGENCY
OFFICE OF SOLID WASTE AND EMERGENCY RESPONSE
   FY 2015 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
3.3
5.1
5.1
5.1
ACS Code
122
131
141
S10
151
152
FF1
CA1
CA2
CAS
CA6
OSRE-01
OSRE-02
HQ-VOL
Measure Text
Number of Superfund remedial site assessments completed.
Number of remedial action projects completed at Superfund NPL sites.
Number of Superfund construction completions.
Number of Superfund sites ready for anticipated use site-wide.
Number of Superfund sites with human exposures under control.
Number of Superfund sites with contaminated groundwater migration under control.
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.
Number of RCRA facilities with corrective action performance standards attained.
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.
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
850
105
13
55
9
13
87%
90%
79%
60%
22%
99%
100%
200M CY
               Attachment in, page 3

-------