Office of Solid Waste and Emergency Response
FY 2016-2017 NATIONAL
PROGRAM MANAGER'S GUIDANCE
Draft - February 23, 2015
Publication Number 530P15001
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of
Introduction 1
National Areas of Focus 3
Making a Visible Difference in Communities 3
Implementing OSWER's Climate Change Adaptation Plan 5
Advancing Superfund Remedial Cleanups 8
E-Manifest System and E-Enterprise 14
Sustainable Materials Management 16
Chemical Risk Management 18
Brownfields/ Area-Wide Planning 20
Program-Specific Guidances 22
Superfund Remediation 22
Superfund Federal Facilities Response 23
Emergency Response and Prevention 25
Brownfields and Land Revitalization 29
RCRA Sustainable Materials Management 34
RCRA/PCB Permitting and Tribal Programs 35
RCRA/PCB Cleanup 38
RCRA Regulatory and Guidance Actions 40
Underground Storage Tanks 44
Tribal Program Development 47
Environmental Justice 48
Appendices
FY 2016 Measures Appendix I
Explanation of Key Changes between FY 2014-2015 and FY 2016-2017 II
Grant Guidelines Ill
State Reporting Schedule for UST Performance Measures IV
Key Contacts V
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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.1
OSWER's National Areas of Focus
OSWER's areas of focus for the next two fiscal years support two overall themes: (1)
Doing Business Differently: More Effectively and with Greater Transparency; and (2)
Leveraging Private and Public Sector Partnership and Resources. By making a visible
difference in communities we improve conditions in environmentally overburdened and
underserved communities. By advancing Superfund 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 FYs 2016-2017:
Doing Business Differently: More Efficiently and with Greater Transparency
Making a Visible Difference in Communities - Coordinating and leveraging
resources, tools and expertise across agency, state, tribal, local government and
community programs to better serve environmentally overburdened and underserved
communities.
Implementing OSWER's Climate Change Adaptation Plan - Anticipating future
changes in the climate and incorporating climate considerations into strategies to
meet critical mission needs.
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 the 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 - Making steady progress with improving chemical
1 Additional information concerning the United States Environmental Protection Agency's guidances is
described in the EPA's Overview to the NPM Guidances. This overview includes agency-wide information
and applicable requirements critical to effectively implementing the EPA's environmental programs during
FYs 2016-2017 and should be viewed in conjunction with this guidance.
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plant safety and security and with improving 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).
New, Two-Year Guidance Covering Fiscal Years 2016-2017
As a result of a collaborative effort with state, local and tribal partners, OSWER and the
other EPA program managers are issuing two-year guidances beginning with the FY
2016-2017 cycle. The two-year guidance cycle aligns better with multi-year, state grant
work planning schedules. OSWER's FY 2016-2017 guidance also addresses relevant
priorities and activities identified by our partners during our early engagement on
priority-setting last summer.
OSWER works with the 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 grant work plans. The appropriate OSWER Office Director will be ready to assist
should regional management wish to discuss state, tribal or local issues.
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Doing Business Differently; More Efficiently and with Greater Transparency
Making a Visible Difference in Communities
Description: Making a Visible Difference in Communities is a Cross-Agency Strategy in
EPA's FY 2014-2018 Strategic Plan. OSWER has made great strides working with the
regions to improve environmental outcomes in communities across the country through
our national programs and collaboration with other agencies. Since 2010, OSWER has
updated and developed community engagement tools and process through the
Community Engagement Initiative and has developed an internal, on-line Community
Engagement Network to help regions and staff to effectively support communities.
OSWER is now strategically focusing its efforts on overburdened and underserved
communities to help lay the framework to better serve and make a visible difference for
all communities. In support of the Cross-Agency Strategy, OSWER is leading and
helping to facilitate the following cross-agency efforts:
Provide coordinated and targeted technical expertise and resources to
environmentally overburdened, underserved, and economically distressed
communities.
Create a single agency-wide community resource network, with representation from
programs and regions.
OSWER is well positioned to coordinate and leverage program resources, tools and
expertise to support overburdened communities, and to build upon ongoing community
networking efforts to develop an agency-wide Community Resource Network (Network)
as part of the Cross-Agency Strategy.
Activities:
Headquarters and regions
Regions and OSWER programs will provide coordinated and targeted support to
environmentally overburdened, underserved, and economically distressed
communities by leveraging available technical assistance, on-the-ground work,
program initiatives and staff expertise in collaboration with other agency NPMs
and federal programs.
OSWER will lead the development of an agency-wide Network with other NPMs
and regions, hosted on the agency's SharePoint networking platform. Regions
and OSWER programs will promote involvement of staff by: allowing staff to be
part of the national team of network managers; posting and updating community
project information and results; sharing best practices and success stories;
initiating and joining discussions on community engagement strategies and
challenges; highlighting expertise and collaborating on community projects; and
actively participating in other Network activities.
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Regions and OSWER programs will focus Network efforts to:
o support annual action plans for the Cross-Agency Strategy, and promote
associated community projects, resources, strategies and lessons learned;
o effectively share lessons learned from program and regional community
work, and identify practices and tools that should be replicated and
potentially scaled-up for expanded use; and
o make recommendations to senior management, as appropriate, to identify
and align, with modification if needed, community-focused resources
(including grants) from across the agency in order to make them more
accessible and useful to communities.
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IMPLEMENTING OSWER's CLIMATE CHANGE ADAPTATION PLAN
Description: OSWER recognizes that anticipating and planning for future changes in the
climate and incorporating climate considerations into its programs and operations is
critical to achieving its mission and fulfill its statutory, regulatory, and programmatic
requirements. The impacts of climate change are being felt across the United States and
the world. Listed below are several climate change trends described by the U.S. Global
Change Research Program2 and their potential impacts on OSWER programs and
activities.
Flooding and inundation from more intense and frequent storms may lead to
contaminant releases through surface soils, ground water, surface waters,
sediments, and/or coastal waters at OSWER sites.
o A 2012 analysis found that over 500 NPL sites were within 100 year
floodplains or within 1.5 meter mean sea level rise.3
Rising sea level may inundate OSWER sites in coastal areas and increase flooding
from storm surge, both of which could damage cleanups and increase human and
ecological exposures to contaminants. More powerful hurricanes may increase
the area affected by these storms, putting sites and communities that had not been
previously impacted in the past at risk. More powerful storms may also increase
storm debris that will need to be appropriately managed.
Increased average temperature and increased extreme temperatures may result in
more frequent and longer lasting heat waves, increasing risk of wildfires capable
of spreading to OSWER sites and affecting remedy performance.
The melting of permafrost may allow contaminants at OSWER sites in Alaska to
migrate and may cause land shifting and subsidence.
Decreasing precipitation and snowpack in portions of the country may lead to
increased reliance on groundwater supplies for drinking water which in turn
would place increased demands on and create new complications for groundwater
remediation at OSWER sites.
On October 31, 2014, the EPA released its Climate Change Adaptation Plan, which
identifies priority actions the agency will take to incorporate considerations of climate
change into its programs, policies, rules and operations to ensure they are effective under
future climatic conditions. Concurrently, the EPA also released final Climate Change
Adaptation Implementation Plans from its National Program Managers and all 10
regional offices. OSWER's final Climate Change Adaptation Implementation Plan4,
which was developed by a workgroup of program office and regional representatives,
2 USGCRP. (2009) Global Climate Change Impacts in the United States.
^Adaptation of Superfund Remediation to Climate Change (February 2012). Note that a "100-year
floodplain" refers to the area that may be impacted by a 100-year flood event, as based on a 1-percent
annual exceedance probability (AEP). For more information, see "100-Year FloodIt's All About
Chance." USGS. http://pubs.usgs.gov/gip/106/pdf/100-vear-flood 041210web.pdf.
4 OSWER's final Climate Change Adaptation Plan can be found at
http://www.epa.gov/climatechange/Downloads/OSWER-climate-change-adaptation-plan.pdf.
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identifies the climate change impacts to its programs and a plan for integrating
consideration of climate change impacts into the office's work.
Taken together, these plans and strategies will provide the necessary foundation to build
and strengthen the adaptive capacity of the EPA's partners in the states, tribes, and local
communities in ways that are critical to attaining the agency's mission. Thus, it is
essential that the priority activities identified in those plans be implemented starting in
FY 2015. FY 2016 resources will build upon that foundation to deliver on tools and
collaborations developed in FY 2015.
Program offices at headquarters began implementing the OSWER plan in advance of its
release and will continue their efforts during FYs 2015-2017; regional experience and
involvement are being sought where appropriate. Furthermore, OSWER recognizes that
the regional plans included OSWER-related activities as well, with which headquarters
will assist. Planning and preparing for the impacts of climate change will enhance the
resilience of communities, as well as, reduce the economic costs associated with
disasters.
We believe that the work we are doing to better prepare for the potential for increased
flooding because of climate change will result in fewer releases, thereby reducing the
need for supplemental cleanup funding. There is some uncertainty, however, as to how
and when these changes to the climate will occur. OSWER will act prudently to ensure
its actions address pressing needs and will review its vulnerabilities, actions and the state
of climate science to make adjustments in the future.
Furthermore, OSWER's work can lead to significant reductions of greenhouse gas
emissions (GHG). OSWER will leverage its materials and land management programs to
achieve measurable GHG reductions while yielding multiple environmental, human
health, and economic benefits for communities across the nation. Additional examples
regarding how OSWER programs can help mitigate and adapt to climate change are
discussed in program-specific guidances throughout OSWER's FY 2016-2017 NPM
Guidance.
Activities:
In its Climate Change Implementation Plan, finalized in October 2014, 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. The
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
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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.
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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 realize economic
benefits. The agency's actions also protect and restore the nation's precious and limited
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. The program utilizes the best and latest science to
inform site-specific cleanup decisions. As new science emerges, the program evaluates
how this science may impact national policy and potential response actions at
contaminated sites.
While much has been accomplished since the enactment of the Superfund statute in
December 1980, significant work lies ahead. The Superfund remedial program continues
to address some of its largest and most complex sites. In addition, the cumulative impact
of reductions to the program's budget have required a re-balancing of the remedial
pipeline including site assessments, remedial investigations/feasibility studies, remedial
designs, remedial actions, and post-construction operations.
The program continues to focus on moving sites through the remedial pipeline based on
highest human health risks to achieve "shovel ready" projects. 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. To that end, the program continues to use an "enforcement first" approach to
maximize PRP participation in performing and paying for cleanups.
Activities:
Headquarters, regions, states and tribes
Pursue Enforcement First
o Maintain focused enforcement efforts to compel cleanup early in the
pipeline at remedial investigation/feasibility study (RI/FS) stages; expedite
remedial action by holding parties accountable to negotiation timeframes
and scheduled cleanup commitments; and rejuvenate the process for
identifying responsible parties at the site assessment stage where it appears
likely that a remedial response will be necessary.
o Continue to focus on activities that maximize PRP involvement in all
phases of response at Superfund sites.
o Focus Superfund enforcement resources on the highest-priority sites and
those enforcement activities that achieve the biggest return on our
investment based on environmental risk.
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Maintain Robust Site Assessment and Listing Programs
o Prioritize remedial site assessments at new and existing sites posing the
highest potential risk to human health and the environment, and determine
the best cleanup program approach for those needing remedial cleanup.
o Leverage states to meet GPRA site assessment goals in an efficient and
effective manner.
o Continue assessing older sites in the site assessment backlog that have not
reached a final decision on the need for remedial cleanup.
o Leverage beneficial non-NPL site outcomes nationwide (including the
Superfund Alternative Approach, the EPA's removal program, state and
tribal cleanup programs such as Voluntary Cleanup Programs, Resource
Conservation Recovery Act [RCRA], Nuclear Regulatory Commission
[NRC], and other federal agency cleanup programs).
Streamline Decision Document Review Process
o Engage early with regions on review of remedy decision documents.
o Assure regional quality assurance processes.
Manage to Completion
o Move sites on the National Priority List through to Remedial Design based
on highest human health risks to maximize "shovel ready" sites.
Manage Post Construction Activities
o Continue working closely with states on the transfer of fund-lead actions
requiring state operation and maintenance (O&M).
o Work collaboratively across stakeholder communities to appropriately
document and implement institutional controls at Superfund sites in a
timely manner.
Conduct Five-year Reviews (FYRs)
o Update national guidance and adjust approach for generating FYR reports
based on the results from previously conducted streamlined FYR pilot
studies.
o Implement streamlined FYRs nationally where appropriate.
o Collaborate with external partners (e.g., states, tribes) on conducting
FYRs.
Redevelop Sites/Communities
o Revitalize communities by working with local governments, residents,
reuse entities, and others to identify reasonably anticipated future land use
through the Superfund Redevelopment Initiative (SRI).
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Engage Tribes on Priority Challenges
o Focus on the ongoing exchange of best practices among tribes at the Tribal
Superfund Working Group calls and meetings and the annual Tribal Lands
and the Environment Forum (e.g., the clean-up being conducted by the
Quapaw Tribe at Tar Creek site).
o Increase tribal membership in the Tribal Superfund Working Group.
o Evaluate unique role of land on tribal reservations as it relates to remedy
selection (especially as it relates to potential treaty rights, spiritual/cultural
aspects of land and the limited boundaries of treaty reservations).
Headquarters and regions
Coordinate Work at Sites of National Significance
o Coordinate remedy decisions and implementation at large complex
sediment sites of national significance (e.g., Portland Harbor, Passaic
River, Kalamazoo River) to facilitate national consistency with a
particular focus on reducing risk from fish consumption.
o Coordinate remedy decisions at large complex mining sites of national
significance (e.g. Barker Hughesville Mining District, MT; Iron King
Mine/Humboldt Smelter, AZ; and Carpenter Snow Creek Mining District,
MT) and abandoned uranium mines to improve efficiency and
effectiveness in the management of Superfund mining sites.
Implement Groundwater Remedy Completion Strategy
o Incorporate the strategies outlined in updated groundwater guidance
documents5 to improve management of groundwater response at
remediated sites.
Foster Cross-program Collaboration at Sediment Sites
o Facilitate cross-program collaboration at contaminated sediment sites
between OSRTI, OW and OECA both in headquarters and the regions to
more effectively achieve the agency's environmental goals.
Maintain Community Engagement/Environmental Justice Efforts
o Award Technical Assistance Grants (TAGs) and/or provide Technical
Assistance Services for Communities (TASC) contract support to provide
technical assistance to communities.
o Support local job training in communities affected by Superfund sites
through the Superfund Job Training Initiative (SuperJTI) to facilitate the
employment of trainees at site cleanups.
5 EPA's Superfund groundwater remedial completion guidances and reports can be found at:
http://www.epa.gov/superfund/health/conmedia/gwdocs/remedial.htm
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o Provide information to communities on relevant contaminants to
children's health.
Incorporate New Science and Address Emerging Contaminants
o Evaluate sites to determine how new science and emerging contaminants
(e.g., TCE, lead, asbestos) influence response decisions and five-year
reviews at sites.
o Promote a multi-media approach to reducing the exposure of children to
lead.
Implement Remedial Acquisition Framework
o Award the three different suites of contracts (Design and Engineering
Services (DES), Remedial Environmental Services (RES) and
Environment Services and Operations (ESO).
o Transition work to the new Acquisition Framework from Remedial Action
Contracts (RACs).
Leverage In-House Expertise
o Encourage work sharing between regions and between regions and
headquarters program experts to more effectively utilize national remedial
program FTE resources.
Maximize Use of Special Accounts
o Emphasize the use of funds available in site-specific special accounts to
conduct response actions, including using special account funds for
payroll, to conserve limited appropriated resources.
Headquarters
Optimize Site Cleanup
o Conduct approximately 20 to 30 optimization reviews annually (with a
target of 15 new starts per year) to focus on the more cost-effective
expenditure of Superfund dollars, reduced energy/carbon footprint,
improved remedy selection and performance, and expedited consensus and
improved decision-making.
o Conduct training for Remedial Project Managers (RPMs) on factoring 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.
Implement Climate Change Adaptation Plan
o Finalize the production of technical fact sheets and training for Remedial
Project Managers and external parties, including the delivery of web based
training, to more fully integrate climate change adaptation planning into
the Superfund program.
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Provide Technical Expertise and Field support
o Collaborate and coordinate with regional RPMs and OSCs to provide site
specific technical support to further protect public health through
assessment and remediation of contaminated sites.
o Identify 10-15 candidates and targets for technical support for site
characterization activities using approaches such as high resolution site
characterization, scoping of RI activities, and the development of robust,
comprehensive life-cycle conceptual site models; and remedy screening,
selection and implementation support team verification of remedial
alternative technology technical practicability against trusted information
resources like Clu-In.org and FRTR.gov (Federal Remediation
Technologies Roundtable). (Note that some of these may be part of the
optimization universe.)
o Provide both in house expertise as well as support through existing
contracts, collaboration with ORE) Technical Support Centers and
leveraging of other federal agencies via Interagency Agreements
Provide Technology Integration and Assessment
o Demonstrate the capabilities of new technologies and develop and
demonstrate new applications of existing technologies for site
characterization, site cleanup, site data management and interpretation in
order to improve protectiveness and reduce the cost and timeframes for
cleanup.
o Work with the research community (other federal partners such as NIEHS,
DOD, and DOE) to align investments in technology development,
assessment, and technology transfer with site-level and programmatic
needs.
o Work with the regions to encourage and advance the development of field-
ready, full scale technologies, provide robust technology information and
training programs to support site decision makers in screening and
selecting the technologies, and provide technology expertise to National
program managers and to site-level project management teams
Provide Training (ERTP, NARPM, CEC, CLU-IN Webinars, etc.)
o Provide training for regional Superfund RPMs, regional Superfund
managers, and Superfund support staff. Deliver a target of 10 CERCLA
Education Center (CEC) training courses and 80 Environmental Response
Training Program (ERTP) courses per year and work with the regions to
continually update the content of the training. Work with regional training
coordinators and regional organizations such as the National Association
of Remedial Proj ect Managers (NARPM), Technical Support Project
Regional Forums, Superfund and Technology Liaisons and regional
remedial branch and section chiefs to assess training needs and respond
accordingly.
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o Plan and deliver the NARPM Annual Training Event by planning and
developing the content, and providing instructors.
Provide Access to Analytical Services
o Provide access to analytical laboratory services, analytical data assessment
tools, and analytical laboratory data quality assurance tools via the
Contract Laboratory Program (CLP), the Electronic Data Exchange and
Evaluation System (EXES), and the CLP Quality Assurance Program.
o Provide ready access for more than 100,000 samples from Superfund
Remedial program sites.
Details on Rules or 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 fall of 2015 and finalized in the fall of
2016, we will focus our efforts on the implementation of the rule.
Finalize Vapor Intrusion Technical Guides
The EPA's regional offices, states, local governments, and other stakeholders
have expressed a need to finalize this guidance.
Two guides are being prepared, one for petroleum releases from underground
storage tanks and one for the rest of the universe of contaminated sites addressed
by federal statutes.
Both guides reflect and systematize current practices, which have evolved over
the past 15 years, to foster 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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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 Resource Conservation and Recovery Act (RCRA). Currently a
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").
By working together through the joint governance partnership of E-Enterprise, the states,
the EPA and tribes are streamlining, reforming, and integrating our programs for better
environmental results. E-Manifest is OSWER's main project in E-Enterprise and the
solutions it develops for the system's business to business communications, performance
standards for mobile devices, and electronic signatures will remove barriers for many
other projects across the agency. E-Manifest also 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 the EPA and to the states.
In February 2014, the EPA finalized the e-Manifest "One Year" rule. This regulation
authorizes the use of electronic manifests once the electronic system is deployed. In FY
2014, the EPA also conducted extensive e-Manifest system architecture planning, and
continued significant system requirements gathering. This work included frequent state
and industry stakeholder meetings, and other outreach efforts.
In addition, in FY 2014, the agency began development of the e-Manifest user-fee rule.
This effort will include developing the accounting and financial reporting structure that
will need to be in place to support the calculation of user fees for the system, as well as
the economic models to support the rule. During FY 2015, the agency will undertake
three key activities: (1) conduct appropriate acquisition processes for system
development contractors and begin the development of the e-Manifest system; (2)
continue the development of the e-Manifest user fee regulation; and, (3) establish the e-
Manifest Advisory Board.
We will undertake the following activities in FYs 2016-2017, as noted below:
Activities:
Headquarters
In FY 2016 and FY2017, convene the e-Manifest Advisory Board.
In FY 2016, continue the design and development of the e-Manifest program
system.
In FY 2016, complete the proposed user fee regulation.
In FY 2017, continue the development of the e-Manifest program system,
including extensive system testing.
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Regions
Work with the EPA headquarters in identifying states and other stakeholders that
should participate in e-Manifest system design and development testing.
Work with the states that require manifests to prepare them to receive manifests
electronically.
States
Continue to participate in technical meetings as appropriate as the agency moves
into e-Manifest system design and development. States requiring manifests
should scope the needed changes to their systems to be able to receive manifests
from the EPA in an electronic format (e.g., via the Exchange Network).
Begin taking action for any necessary state regulatory or statutory changes to
implement e-Manifest.
Measures: The e-Manifest legislation calls for the development of performance measures
to be put in place once the system is deployed. In FY 2017, the EPA will develop
measures that will be used to measure the effectiveness of the system once in operation.
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Leveraging Private and Public Sector Partnership and Resources
SUSTAINABLE MATERIALS MANAGEMENT
Description: 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. 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 the EPA and with external partners and stakeholders.
OSWER, in conjunction with the regional offices, will pursue opportunities to align work
that utilize and integrate sustainability efforts in ongoing EPA sustainability approaches
and will adopt ACS commitments that will capture the progress achieved in those areas.
Additional resource investments in the area of SMM will assist regions in their
implementation efforts. In particular, opportunities presently exist to integrate these
approaches into sector-based initiatives such as electronics and food. Combining efforts
where appropriate, 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.
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. 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 FYs 2016 and 2017, the
RCRA program will focus on the advancement of the SMM concepts and approaches
through the activities below (note: activities may need to be adjusted based on the
agency's annual action plan for the Sustainability Cross-Cutting Strategy, as well as
current SMM strategic planning).
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.
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Develop and promote national solutions for waste management by working with
stakeholders 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.
Provide credible information and data by expanding the MSW Characterization
Report.
Facilitate discussions with states to continue development of a State Data
Measurement Sharing program that will be a web based, open source national
dataset of solid waste, recycling, source reduction activities that provides
consistent comparison and trend analysis across all states.
Measures: The ACS measure supporting this program is SMS. The measure includes
both the number of new recruits and the number of continuing active participants in the
challenges added together for regions to count them toward the SMS measure. This
measure can be found on page 1 of the attached measures appendix.
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CHEMICAL RISK MANAGEMENT
Description: 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. The EPA is making steady progress toward achieving these critical outcomes.
Some of those accomplishments include:
Holding 32 LEPC workshops in Texas, Oklahoma, Louisiana, and Arkansas to
discuss the roles, responsibilities, and authorities of LEPCs and identify issues and
barriers to developing and implementing local emergency contingency plans.
Completing the development of 19 standard operating procedures (SOPs) as a result
of the EPA Region 2 pilot program efforts to:
o define high risk and inspection prioritization among federal agencies,
o identify how best to share information and data among agencies and first
responders, and
o determine methods for improving access and content of chemical inventory
Tier II filing and disseminating them to the Regional Working Groups to
develop tailored SOPs for their region.
Publishing a Request for Information (RFI) to gather information on key areas for
strengthening or clarifying existing requirements and adding new prevention and
emergency response program elements to the RMP program regulations.
To supplement these gains, OSWER is evaluating ways to better focus the 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.
Activities:
Headquarters
Make progress and deliver key products in implementing the Executive Order 13650 -
Improving Chemical Facility Safety and Security, through the following activities:
Strengthen and support the state and local infrastructure of SERCs/TERCs and
LEPCs/TEPCs. Including:
o Work with SERCs and TERCs to develop on-line training on the key
requirements under EPCRA. (June 2015)
o Develop guidance and training for, and hold regional workshops with,
LEPCs and TEPCs. (June 2015)
o Leverage industry associations to provide their members with information
on EPCRA roles and responsibilities and share best practices for facility
involvement with LEPCs and TEPCs. (June 2015)
o Strengthen technical assistance and guidance to LEPCs and TERCs
throughout the nation to help local and tribal emergency planners
understand and use chemical facility information to help better protect
communities. (June 2015)
o Enhance the capabilities of the Computer-Aided Management of
Emergency Operations (CAMEO) suite of applications, which assists local
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communities plan for and respond to chemical accident, by expanding
analytical capabilities and promoting information sharing. (December
2016)
Engage with key stakeholders in discussing options for modernizing regulations,
guidance, and policy to enhance chemical safety at facilities and draft a proposed
rule to address key options to further chemical safety under the Risk Management
program. This will include:
o Issuing an alert on safer technology and alternatives and work with
industries to publicize examples of best practices. (September 2015)
o Publishing a proposed rule under the RMP program to include priority
amendments to advance chemical safety. (September 2015)
o Developing voluntary guidance to make chemical facilities aware of safety
technology, processes, and alternative solutions to reduce the overall risk
of their facilities. (September 2016)
Expand the development and implementation of the EPA Region 2 pilot
program's SOPs to all the regions using the newly established Regional Working
Groups. (September 2015)
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 toward the goal of preventing releases at 500 hazardous waste
management facilities with initial approved controls or updated controls by FY
2018 resulting in the protection of an estimated 20 million people living within a
mile of all facilities with controls.
Measures: The ACS measures CH2 and HWO that support this program can be found on
page 1 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). Brownfield sites that are concentrated in a
specific area of a community are connected, not only through proximity but also through
infrastructure, economic, social and environmental conditions. An area-wide focus on
brownfields cleanup and revitalization can yield a more coordinated, strategic and
efficient approach when making environmental and other area 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.
In FY 2010, 23 BF AWP grants were awarded; in FY 2013, 20 BF AWP grants were
awarded; in FY 2015, approximately 20 BF AWP grants will be awarded.
Activities:
Provide grant and ongoing project support to the recipients of BF AWP
grants
o Regions: Continue to manage the FY 2015 BF AWP grants that are funded
up to $200,000 for two years. No new AWP grants will be awarded in FY
2016.
o Regions: Continue to provide targeted brownfields assessments (TBAs) on
brownfields properties that will help implement the brownfields area-wide
plans developed by grant recipients in FY 2010, FY 2013 and FY 2015.
When needed, regions should provide TEA assistance for catalyst sites
during the grant recipient's ongoing 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.
o Regions: Work with the Office of Brownfields and Land Revitalization
(OBLR) on the FY2017 BF AWP grant competition. Approximately 20
BF AWP grants will be awarded to recipients in FY 2017. These grants
will be managed in the EPA's regional offices, with overall program
support and implementation assistance from OBLR.
o Regions: Where identified by the grant recipient as helpful and
appropriate, the regional offices should take a leading role in convening
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other regional EPA program staff (such as water, air, sustainable
communities, environmental justice, children's health 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. In conjunction with regional efforts,
OBLR will assist, as needed, with convening other federal partners to help
with this effort.
o Regions: Assist grantees with accomplishments reporting, including
capturing leveraged funding and associating any relevant assessment or
cleanup property records, in ACRES.
o Headquarters: Continue to work on the grant award and administration
efficiencies consistent with the new guidance from OARM on grant
efficiencies.
o Headquarters: Commence AWP grant competitions earlier, so that
selections are made and project officers can begin processing applications
during the third quarter of the fiscal year.
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 In the Brownfields AWP grant programs, the 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 the EPA, the
EPA's Selection Official may consider awarding grant funds to an
applicant that also may have been selected for a PSC grant.
o The EPA OBLR staff should fully utilize the PSC networks that have been
created in the regions and headquarters to support the BF AWP projects
and share information that may be useful to plan development and
implementation.
o The 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/mission/livability-principles) to
help enable BF AWP implementation.
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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. All substantive direction for implementing the Superfund
Remedial program can be found under the National Area of Focus, "Advancing
Superfund Remedial Cleanups," on page 8 of this program guidance.
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SUPERFUND FEDERAL FACILITY RESPONSE PROGRAM
Description: OSWER's Superfund Federal Facilities program oversees and provides
technical assistance for the protective and efficient cleanup and reuse of federal facility
sites. The 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. The program 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).
Additionally, the program continues to have a close partnership with states, as co-
regulators on NPL sites.
The Superfund Federal Facilities program's extramural budget has been substantially
reduced. This resource reduction has created challenges for the program's oversight
responsibilities and has led the program to focus resources primarily on statutory
requirements at NPL sites. Sustained budget reductions may also delay FFA schedules
and milestones. In FYs 2016-2017, the program will continue to focus on critical efforts
as outlined below.
Activities:
Headquarters
Advance program transparency and collaboration to promote efficient and
effective federal facility cleanups.
Improve the E-docket tool to advance public access and transparency. The E-
Docket identifies sites under the jurisdiction, custody, and control of the Federal
Government using web query pulls from the RCRA Info and ERNS databases;
site information is then verified and validated in the E-Docket tool, which acts as
a central information repository prior to publishing sites on the Docket.
Provide direction and develop the necessary guidance to support site managers
through resources such as Emerging Contaminant Technical Fact Sheets and PFC
Roadmap.
Operationalize the community and site manager's tools on five-year reviews to
improve technically accurate and timely reviews that meet statutory deadlines.
Strengthen oversight and provide technical assistance, as appropriate, at DoD
military munitions response sites on the NPL.
Work with DoD and technical working group on proposed updates to the
Munitions and Explosives of Concern Hazard Assessment (MEC HA) tool.
Fund a cooperative agreement for the Federal Facilities Subcommittee of the
Association of State and Territorial Solid Waste Management Officials
(ASTSWMO). The work plan will include language to allow flexibility for the
states to focus research on current issues of concern.
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Headquarters and regions
Continue to implement and improve a modernized business model for managing
FTE that enables the sharing of resources such that FTE can be physically located
in any region but virtually organized to accommodate workload. This model can
enable the rapid deployment of qualified/expert personnel to assist regions in
meeting priority goals and statutory requirements.
Ensure that determinations made at legacy federal facility sites are still
appropriate based on current site conditions as part of the Federal Facilities Site
Evaluation Project (FFSEP), Phase 2. Headquarters is currently piloting these
efforts but regional and state participation will be required as the project matures.
Prepare for cleanup and property transfers at Base Realignment and Closure
(BRAC) sites. BRAC is an accelerated cleanup program funded through an
interagency agreement (IA) that has been steadily ramping down. The current
BRAC IA is scheduled to expire on September 30, 2016, marking the first time in
20 years that the EPA will not receive funds from DoD to support BRAC FTE.
Provide technical assistance to communities by issuing Technical Assistance
Grants (TAGs).
Implement a Green Remediation Strategy to help minimize the environmental
footprint of cleaning up Superfund sites and ensure a protective remedy within the
Superfund statutory and regulatory framework, as established by the
Comprehensive Environmental Response, Compensation, and Liability Act
(CERCLA) and the National Oil and Hazardous Substances Pollution
Contingency Plan (NCP).
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 page 3 of the attached measures appendix.
The program also tracks the ACS measure FF1, "Percent of Superfund federal facilities
construction complete." This percent construction complete measure provides a more
detailed view of site cleanup progress at federal facility sites on the NPL.
The percent of Superfund federal facilities construction complete measure is 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 has
its own percentage and the three percentages are averaged for a site-specific percentage.
Then, all site-specific percentages are averaged and used as the national target/result.
The EPA's yearly target is an estimated net increase in the national % construction
complete number for NPL federal facility sites. Results for this measure are 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
Superfund / CERCLA 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
hazardous waste Contingency Plans 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.
The EPA will continue evaluating On-Scene Coordinator (OSC) resources based
on needs and responsibilities of the regions. The EPA headquarters 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.
The EPA will continue evaluating emergency response readiness through its
annual Core NAR evaluation, revised to reflect lessons from FY 2014, including
tabletop exercises and evaluations of internal regional exercises. The EPA will
continue to encourage back-up region participation.
The EPA will continue to evaluate RCRA facilities compliance with
preparedness, prevention, and planning requirements.
The EPA will implement specific actions under OSWER's Climate Change
Adaptation Plan to more fully integrate climate change adaptation planning into
core programs.
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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.
Use EJ Screen either pre- or post-inspection in order to determine if a facility is
within a community with environmental justice (EJ) concerns.
Maintain the number of SPCC inspections conducted nationally during FY 2016
at approximately the same level as FY 2012; these levels will be re-evaluated
annually thereafter with regional input. 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 and FRP
program (when finalized for FRP).
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 3 percent of the total number of RMP-regulated facilities in the
region each year during FYs 2016 and 2017. 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.
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)
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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 CAA
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).
Inspections that pertain exclusively to identifying gas leaks using infrared
cameras, without evaluating core accident prevention or emergency response
program requirements of 40 CFR Part 68 or the CAA Section 112(r)(l) General
Duty Clause should not be counted toward a region's annual inspection target.
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 proposed action would amend Subpart J requirements for the use of
dispersants, and other chemical and biological agents to respond to oil spills in
waters of the United States, and considers concerns that arose during the
Deepwater Horizon response regarding toxicity, efficacy, long- term
environmental impacts, endangered species protection, and human health.
Additionally, revisions to area planning requirements for dispersant use
authorization, to toxicity and efficacy testing methodologies, listing thresholds, as
well as comprehensive monitoring for certain discharge situations are proposed.
Assuming that the rule is proposed in 2015 and finalized in 2016, OEM will focus
our efforts on the implementation of the rule.
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Propose/Finalize Revisions to the National Contingency Plan
This proposed rule would (1) align the National Contingency Plan (NCP) with the
National Response Framework and National Incident Management System; and
(2) update the descriptions of federal departments and agencies and how they
operate, including updating information on federal Special Teams. Assuming the
rule is both proposed and finalized in FY 2015, OEM will focus efforts on
implementation of the rule in FY 2016, which will involve minimal terminology
changes to removal program guidance documents and epaosc.net.
Propose/Finalize Risk Management Modernization
The EPA may propose a rule in FY 2015 with modifications to Risk Management
Program regulations, based on comments received from the Request for
Information that was published in FY 2014, with the goal of modernizing
regulations, guidance, and policies as required under Executive Order (EO)
13650: Improving Chemical Facility Safety and Security. The goal is to finalize
the rule in FY 2016.
Changes to the Spill Prevention, Control, and Countermeasure Program Related to
Farmers by the Water Resources Reform and Development Act
In late FY 2015 or early FY 2016, the EPA expects to propose modifications to
the Oil Spill Prevention, Control and Countermeasure (SPCC) requirements to
address modifications mandated by the Water Resources Reform and
Development Act (WRRDA) of June 2014. These modifications change the way
in which the SPCC requirements apply to farms. Regulatory modifications are
also intended to reflect the results of a study of oil spill risk from farms as
required by the WRRDA.
Measures: The following ACS measures supporting this program can be found on
pages land 2 of the attached measures appendix: 137, 327A, 328A, CH2 and Cl.
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BROWNFIELDS AND LAND REVITALIZATION PROGRAM
Description: The EPA's Brownfields and Land Revitalization program (OBLR)
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, protecting other natural
resources, and promoting reuse of formerly contaminated sites. The program also
continues to implement specific actions under OSWER's Climate Change Adaptation
Plan to more fully integrate climate change adaptation planning into core programs.
OBLR will continue to pursue activities outlined in the 2014-2017 Brownfields Program
Strategic Framework, including: (1) increase the local capacity of communities to address
brownfields; (2) implement grant program efficiencies; (3) improve communications and
coordination internally and with brownfields stakeholders; and (4) incorporate strategic
resource management into program decision-making.
Activities:
Award and manage the FY 2016 and FY 2017 Assessment, Revolving Loan
Fund, Revolving Loan Fund and Cleanup (ARC) grants
o States and other eligible entities: May apply for grants to be used to address
sites contaminated by petroleum, petroleum products, hazardous substances,
pollutants, and/or contaminants. The agency will hold Assessment and
Cleanup Grant competitions each year, but 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. Supplemental RLF funding will continue to be
awarded annually to advanced RLF grantees that have grown their programs
by making loans and sub-grants.
o Regions: Manage the Brownfields Assessment Grants (each funded up to
$200,000 over three years; Brownfields Assessment Coalitions Grants are
funded up to $600,000 over three years), 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). Part of grants management includes
encouraging grantees to comply with the Terms and Conditions of their
grants, including the requirement to enter relevant data into the Brownfields
national grants data system, ACRES (Assessment, Cleanup and
Redevelopment Exchange System).
o Headquarters and regions: Work together to develop guidance that will ensure
the quality of grantee provided leveraging data and to report that data in a
consistent way across projects.
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o States and other eligible entities and regions: Work closely to ensure funding
is used 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. Commence ARC and other grant competitions earlier, so that
applicants can be selected and project officers can begin processing
applications during the third quarter of the fiscal year. Work will commence
earlier on the Brownfields ARC guidelines which will allow us to have them
ready for posting in the summer of the year prior to award.
o Headquarters and regions: Continue to work with small communities to
encourage them to apply for and be successful at managing ARC grant
funding.
o Headquarters and regions: Continue efforts to ensure staff are fully trained to
review ARC applications, and that outreach, application reviews, panel
discussions and debriefmgs of unsuccessful applicants are done in an accurate
and nationally consistent way.
Conduct Targeted Brownfields Assessments (TEA)
o Regions: Manage regional TEA process for selecting and prioritizing sites
transparently, and work with states and tribes to target funding toward small
and rural communities that may not have the capacity to compete successfully
or manage a competitive assessment grant. Also, target funding toward
communities impacted by economic disruptions (e.g. auto sector communities,
or communities affected by plant closures and/or desiring manufacturing and
an end use at sites), Brownfields Area-Wide Planning grant recipients, and
toward those communities designated as part of the agency's Making a
Visible Difference in Communities cross-agency initiative.
o Headquarters and regions: Work together to evaluate an allocation process for
TEA funding, taking into consideration relevant factors such as use and
balance of previous TEA funding, TBAs completed and reported in ACRES
and other factors, as appropriate.
Award and manage the FY 2015 and FY 2017 Brownfields Area-Wide Planning
(AWP) grants
o Eligible entities: May apply for grants to facilitate community involvement in
developing an area-wide plan for brownfields assessment, cleanup and
subsequent reuse on catalyst, high-priority brownfield site(s). Please refer to
the Area-wide Planning National Area of Focus on pages 20-21 for more
information.
o Regions: Manage the AWP grants that are funded up to $200,000 for two
years and provide TBAs and other implementation support as needed for these
projects. Please refer to the Area-wide Planning National Area of Focus on
pages 20-21 for more information.
o Headquarters and regions: Continue to work together with AWP grantees that
have identified manufacturing as a desired end use in the AWP Grants to help
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them engage their communities and plan for this end use, and to assist them in
securing implementation funding from relevant federal agency resources.
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 The EPA's Brownfields program is part of the HUD-DOT-EPA PSC and is
working with several offices at HUD, DOT and the 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/mission/livability-principles).
o In the Brownfields ARC and AWP grant programs, the 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 the
EPA, the EPA's Selection Official may consider awarding grant funds to an
applicant that also may have been selected for a PSC grant.
o States: 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 continue to
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 results at the community level and
support for communities that are economically distressed and that lack the
capacity to manage environmental response activities.
o States, tribes, territories and regions: Work closely to implement workplan to
establish and enhance its response program.
o Headquarters and regions: Ensure funding is available and provided to states,
tribes, and territories that demonstrate results at the community level and
support in establishing and enhancing their environmental response programs.
Continue to focus on changes to the program guidance to further outreach to
rural, tribal, environmental justice and economically distressed communities.
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Expand job training opportunities in the environmental field
o Headquarters and regions: 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 the EPA's Office of Chemical Safety
and Pollution Prevention and the Office of Water, 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
the EPA's Office of Air and Radiation and other National Program Managers.
o States, eligible entities and regions: Collaborate to support training across
other EPA programs, including graduate placements in solid waste,
Superfund, emergency response, wastewater treatment, and chemical safety
related careers.
o As a result of recommendations raised by the EPA's Office of the Inspector
General, OBLR will work more closely with Office of Superfund
Remediation and Technology Innovation and Office of Environmental Justice
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 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 and other technical assistance programs
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.
Ensure states and tribes are aware of federal technical assistance opportunities
to support their communities.
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o Headquarters: Initiate the next round of TAB grants as the current TAB
grants expire and are closed out. It is anticipated that the next TAB grant
competition will occur in FY 2017.
o Headquarters: Manage additional technical assistance to communities for
implementation.
Continue to support land revitalization by supporting OSWER RePower Initiative
o Headquarters and regions: OSWER programs, including RCRA Corrective
Action (CA), Superfund, Brownfields and Land Revitalization and staff from
the RePowering America's Land Initiative will encourage the reuse of
contaminated properties as renewable energy sites. These programs will
continue to support RePowering America's Land Initiative by implementing
the revised OECA/OSWER lessee guidance, providing comfort letters as
appropriate on a site-specific basis, and providing additional technical
assistance, where appropriate, to facilitate the safe 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. This approach
seeks to minimize the amount of materials involved and all the associated environmental
impacts, as well as account for economic efficiency and social considerations. All
substantive direction for implementing the SMM program can be found under the
National Area of Focus, "Sustainable Materials Management" on page 16 of this
program guidance.
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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.
The 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 national goal of preventing
releases at an additional 500 hazardous waste management facilities with initial
approved controls or updated controls by FY 2018 through targeted
technical/programmatic assistance and coordination activities.
Permit modifications represent a significant portion of the RCRA Subtitle C
permitting workload but, in order to track the information associated with these
modifications, fundamental changes need to be made to RCRAInfo. ORCR,
working with its state and regional partners, will provide functionality in
RCRAInfo to capture information in this key program area. ORCR will also
explore options for improving the efficiency of the permit modification process.
ORCR will oversee and support use of common core principles and best practices
for ensuring the health and integrity of state permitting programs.
Encourage and support use of Next Generation of Compliance tools and
principles, as appropriate, in the RCRA permitting program.
The EPA also will implement relevant activities contained in the 2012-2014
Environmental Justice Work Plan including the continued analyses of the
applicability of EJSCREEN for the RCRA permitting program and supporting of
Environmental Justice in Permitting Workgroup. In addition, ORCR will support
planning of the 2020 Environmental Justice Work Plan.
ORCR will work with regions through the 'communities of practice' to test,
evaluate, and refine draft tools for incorporating EJ considerations into EPA-
issued permits and ensure opportunities for meaningful public involvement.
In FY 2016, ORCR will work with regions and states to implement the guidance
entitled Extending, Shortening or Ending the Post Closure Care Period for
Hazardous Waste Disposal Facilities Under Subtitle C of RCRA, 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 oversee and support progress toward the national goal of issuing 750
approvals (e.g., permits) by FY2018 for PCB cleanup and disposal activities.
These approvals are issued by all regions and by ORCR.
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ORCR will continue to issue PCB approvals that are designated by regulations
under 40 CFR Part 761 to be issued by the 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 the EPA and
approvals are issued by the EPA. The system should be operational by FY 2016
and headquarters requests that regions enter the appropriate data. This database
will be used to house approval information and this data will be used to track and
report progress towards the PCB approval GPRA goal.
The 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
implementing guidance, EPA Agency-Wide Plan to Provide Solid Waste
Management Capacity Assistance to Tribes (the Plan) discusses this priority in
detail and provides direction to meeting agency goals.
During FYs 2016 and 2017, the EPA will continue to implement the action items
contained in the Plan, which includes the development and implementation of a
new GPRA performance measure tracking tribal waste management program
capacity improvement.
The EPA will invest additional resources supporting a collaborative partnership
between federal agencies through open dialogue to address waste management
issues in Indian country.
Headquarters will provide technical assistance and training in the implementation
of the Waste Analysis at Facilities that Generate, Treat, Store and Dispose of
Hazardous Waste: A Guidance Manual (also known as the Waste Analysis Plan
[WAP] Guidance). Training will focus on writing more effective WAPs, drafting
more comprehensive permits, evaluating submitted WAPs, and determining
whether a facility is in compliance with their WAPs.
Regions should:
Continue to update and implement multi-year strategies to meet the annual goal of
115 additional waste facilities under initial or updated approved controls and the
FY 2018 strategic goal of 500 additional facilities.
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, including reporting
of newly mandatory permit modification data.
Implement the EJ Regional Implementation Plan for EPA-issued permits.
Incorporate EJ considerations into permits issued by regional offices using draft
tools, assist in evaluating and refining draft tools, and provide opportunities for
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meaningful public involvement in accordance with Regional Implementation
Plans.
Continue to issue approvals for PCB storage, treatment and disposal, as required
under 40 CFR Part 761.
Continue to report achievements towards the PCB GPRA goal of issuing 750
approvals for PCB cleanup and disposal activity by FY 2018. When the national
database is completed, ensure data in the national database is entered and reflects
accurate information.
Continue to provide technical assistance to tribes that are developing and
implementing their IWMP.
Adopt use of Next Generation of Compliance tools and principles in the RCRA
permitting program, as appropriate.
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.
Work with facilities, states and tribes to add climate change adaptions to permits
when needed to update the controls in place for expected climate change impacts.
The regions will continue to process new and backlogged delisting petitions from
regulated facilities. In addition, the regions will undertake and complete an update
of the DRAS computer model which is an essential tool and will be made into a web-
based tool.
Measures: The ACS measures supporting this program are PCI, PCS, FIWO and
TR1 and 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. The 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, the 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 2016 (Please see attached measures appendix for associated
FY 2016 ACS measures and targets)
Activities:
Headquarters and regions
In FY 2015, and as needed in FYs 2016 and 2017, the EPA will implement
changes to targets, workload, and/or resources. The EPA will assess long-term
program direction in a continuing response to both the FY2013 workload analysis
and the implementation of efficiency tools developed under Lean (the Corrective
Action RFI and CMS processes). ORCR will continue to provide guidance and
assistance to regions and states for implementing these tools. To assist with
achieving the FY 2016 corrective action goals, the National Enforcement Strategy
for Corrective Action (NESCA) was developed to provide a framework for
strategically using enforcement, where needed.6
States and regions should continue to document and report when corrective action
sites meet the "Ready for Anticipated Use" RAU milestone - which means they
are protective for human health for the next anticipated use, and any required
institutional controls are implemented. National progress of facilities meeting the
RAU milestone is tracked as an agency Key Performance Indicator.
Headquarters and regions will continue the use of 40 CFR 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 facilitate the coordination of
PCB cleanups with RCRA and Superfund cleanups and decision-making. Risk-
based approaches also allow for better coordination and work sharing with state
cleanup programs, where feasible.
Headquarters and regions will coordinate TSCA PCB cleanups with other cleanup
programs. In addition to formal and informal work sharing, the coordinated
approval (under 761.77) is a viable option that headquarters encourages regions to
consider when appropriate.
ORCR will continue to 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.
6 The National Enforcement Strategy for Corrective Action can be found at
http://www2.epa.gov/sites/production/files/documents/nesca-strategv-mem.pdf
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Headquarters and regions will continue to report achievements towards the PCB
GPRA goal of issuing 750 approvals for PCB cleanup and disposal activity by FY
2018.
ORCR will continue to provide guidance and assistance to regions and states for
implementing the efficiency tools developed for the Corrective Action RFI and
CMS processes using the Lean process.
Regions will continue to explore how these tools can be integrated into state-led
corrective action cleanups to maximize progress towards programmatic goals.
ORCR will continue to provide opportunities to communities under the Technical
Assistance Services for Communities (TASC) program. During FY 2015, and as
needed in FYs 2016 and 2017, the 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 FYs 2016 and 2017,
regions will be encouraged to utilize the guide on "Tailoring Community
Engagement Activities at RCRA Corrective Action Sites" that is currently under
development.
Regional and headquarters programs will implement specific actions under
OSWER's Climate Change Adaptation Plan to more fully integrate climate
change adaptation planning into its core programs.
Regions will continue to issue PCB cleanup approvals as required under 40 CFR
Part 761.
Measures: The ACS measures supporting this program are CA1, CA2, CAS, CA6
[appendix 1, page 3], PCI and PC3 [appendix 1, page 1] of the attached measures
appendix.
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PROTECTING COMMUNITIES THROUGH RCRA REGULATORY AND GUIDANCE
ACTIONS
Description: Although the EPA has a comprehensive regulatory framework in place to
prevent exposures to contaminants from municipal solid waste (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 FYs 2016 and 2017, the EPA will implement key rules and guidances to advance
RCRA's environmental objectives. Such rules include the Definition of Solid Waste
(DSW), the Non-Hazardous Secondary Materials (NHSM), the Coal Combustion
Residuals Disposal, and the vapor intrusion guidance, and will continue to develop the
CERCLA section 108(b) Financial Responsibility rulemaking. ORCR will continue to
coordinate with other headquarters offices (e.g. OECA and OGC). Regions also have an
important role in the development and implementation of rules and guidances.
Activities:
Headquarters, regions and states
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.
The 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 should raise technical and authorization process issues to headquarters for
a prompt response.
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Headquarters will track children's environmental health language and analyses in
regulations with implications for human health effects.
Details on Rules being Developed or Implemented:
Coal Combustion Residuals (CCR) Disposal Rule
In FY 2015, OSWER finalized a rule to regulate the disposal of CCRs (meeting
the consent decree deadline for rule signature of 12/19/2014). OSWER
anticipates extensive outreach and interaction with states on implementing the
final rule in FY 2015 and FY 2016.
In addition, the EPA anticipates that states will revise their Solid Waste
Management Plans (SWMPs) to demonstrate how CCRs will be regulated in their
states. Once the EPA has approved a SWMP that incorporates or goes beyond the
minimum federal requirements, the EPA expects that facilities in that state will
operate in compliance with that plan and the applicable state regulations. The
EPA will work closely with states on implementation issues, including reviewing
SWMPs that are submitted to EPA. The EPA does not issue permits in these
circumstances.
Cathode Ray Tubes (CRTs)
OSWER will continue to implement CRT final rule and outreach and
communications plan. At this time, OSWER anticipates little ongoing activity
directly related to the CRT rule in FY 2017.
However, the EPA expects to continue addressing stakeholders on the CRT
stockpile issue (i.e., the illegal over-accumulation of used CRTs due to real or
perceived obstacles to recycling) in FY 2016. This includes helping the regulated
community to better comply with the RCRA requirements, speaking at multiple
stakeholder meetings, and other engagements to identify root causes and help
identify next steps. Activities in FY 2017 will be contingent upon next steps
identified in FY 2016.
Finalize and Implement the Non-Hazardous Secondary Material (NHSM) Rule
In FY 2016, OSWER will conduct implementation and outreach activities
(webinars, etc.) for the final rule. In FY 2015, OSWER will issue the final rule
identifying whether or not specific materials should be identified as non-
hazardous secondary materials (NHSM) and if so, under what conditions. These
materials include construction and demolition wood, paper recycling residuals,
and creosote-treated railroad ties (and railroad ties dual treated with creosote and
b or ate).
Also in FY 2015, OSWER will issue a proposed rule in response to a petition
from the Treated Wood Council requesting that the EPA identify certain treated
wood as NHSM. OSWER anticipates finalizing that rule in FY 2016, with similar
outreach extending into early FY 2017.
The NHSM regulations promulgated in 2013 initially defined 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
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(CAA) Section 112 emissions standards versus Section 129 standards), and,
established provisions that allow the regulated community to petition the EPA to
categorically exclude additional material. The agency may continue to receive
petitions in FY 2016 and FY 2017. The EPA will need to evaluate and act upon
these petitions.
Implement the Definition of Solid Waste (DSW) Rule
The final Definition of Solid Waste rule is expected to be published in FY 2015.
Following rule finalization, we will focus our efforts on the implementation of the
rule in FY 2016, through the use of webinars, outreach and other means. OSWER
expects significant interactions with states in FY 2016 as they adopt the revisions
and seek guidance on implementing the final rule. Beginning in FY 2016 and
continuing in FY 2017, OSWER anticipates working with states on additional
activities designed to improve hazardous secondary material recycling, such as
evaluations of scrap metal and empty container recycling.
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-
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.
Hazardous Waste Generator Improvements Proposed Rule
OSWER plans to publish the Hazardous Waste Generator Improvements proposal
in FY 2015, and anticipates significant interest from the states and regions during
development of the final rule, which the agency expects to publish in FY 2016;
significant implementation efforts (outreach, webinars, etc.) will extend into FY
2017.
States will likely have a positive response to the proposed rule, as they have had a
significant role in implementing the RCRA program and in identifying many of
the changes included in the agency's proposal.
This proposed rule, when finalized, will provide a much needed face lift to the
regulations in order to keep pace with the needs of today's regulated community.
For example, the rule updates the RCRA emergency preparedness and response
regulations to match current emergency response infrastructure, eases
understanding of the regulations by updating the biennial reporting and hazardous
waste determination provisions and proposes to reorganize the regulations to
make it easier for the regulated community to find applicable regulations and to
reduce onerous cross-referencing.
Hazardous Pharmaceuticals Management Proposed Rule
OSWER plans to publish the Hazardous Pharmaceuticals Management proposal
in FY 2015, with a final rule expected in FY 2016; significant implementation
efforts (outreach, webinars, etc.) will extend into FY 2017.
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The proposed rule is responsive to state comments on the 2008 Universal Waste
proposal, and many states have been awaiting EPA action before deciding how to
proceed in modifying their own programs. The proposed rule also incorporates
some of the practices that some states have been advocating either through
guidance or enforcement actions.
The Pharmaceuticals proposed rule includes tailored RCRA regulations for
Pharmaceuticals that are hazardous waste when disposed, to address the unique
challenges faced by generators of pharmaceuticals. These challenges include the
difficulty in complying with existing RCRA requirements more suited to
industrial wastes and less to retailers and healthcare facilities. Many states and
retailers are seeking action by the EPA to create regulatory clarity and national
consistency.
Import/Export Revisions Proposed Rule
This proposed rule, which (when final) will revise the RCRA hazardous waste
import/export requirements, is anticipated to be proposed in FY 2015, and issued
final in FY 2016. OSWER anticipates interactions, particularly with the EPA
regional offices, in FY 2016 and possibly into FY 2017.
The purpose of these revisions are to reduce complexity of export and import
procedures and to increase clarity and efficiency of import and export processes.
In addition, these revisions will improve control of individual export and import
shipments to ensure shipments are: 1) going to the destination facilities approved
by the country of import (for exports) or U.S. EPA (for imports); 2) being
recycled or disposed per the notice and consent, and 3) being recycled or disposed
in a timely manner. Finally, issuing this rule will comply with Executive Order
13659 on Streamlining the Export/Import Process and to implement the
International Trade Data System (ITDS).
CERCLA Section 108(b) Financial Responsibility
Section 108(b) of the Comprehensive Environmental Response, Compensation,
and Liability Act (CERCLA) of 1980, as amended, establishes certain authorities
concerning financial responsibility requirements.
The agency has identified classes of facilities within the Hard Rock mining
industry as those for which financial responsibility requirements will be first
developed. The EPA intends to include requirements for financial responsibility,
and for notification and implementation.
Under this effort, the EPA intends to publish a proposed rule by August, 2016.
The EPA expects to begin mandatory engagement with small businesses under the
Small Business Regulatory Enforcement Fairness Act (SBREFA) in mid-2015,
with approximately concurrent processes for engagement with states and tribes.
Following publication of the proposal, we expect to evaluate the comments we
receive, and begin development of a final rule.
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UNDERGROUND STORAGE TANK PROGRAM
Description: The Underground Storage Tank (UST) program protects communities and
the people 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.
Regions will work closely with states to oversee compliance with the provisions
of EPAct. Because the EPA anticipates that several states will struggle to remain
in compliance with the inspection provision of the EPAct, the regional role in
working with the states and coordinating with OUST is amplified.
Regions will maintain the 3 year inspection mandate in Indian country, and assist
states, as needed.
States and regions conducting inspections will utilize the EPA or state guidance to
evaluate compatibility in systems storing higher blends of emerging fuels (such as
ethanol, biodiesel, and ultra-low sulfur diesel).
States will actively implement EPAct requirements in FYs 2016-2017, 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 on violations, including
implementation of Delivery Prohibition and utilization of expedited enforcement,
as applicable. (Regions should refer to the OECA NPMG for further guidance on
enforcement priorities and commitments for regional UST programs.)
States will work toward implementation of the provisions of the revised UST
regulations (which should be finalized in FY 2015), including taking appropriate
steps to adopt new regulations, applying for state program approval, and updating
MO As. 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.
Headquarters and regions will implement specific actions under OSWER's
Climate Change Adaptation Plan to more fully integrate climate change
adaptation planning into core programs. The EPA is working with state UST
programs to develop tools and checklist that states could use to prepare for and
respond to severe weather. Once finalized, states should consider these tools
when preparing to address anticipated damage by hurricanes and other weather
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events, which can damage remediation equipment, and modify subsurface
conditions.
Activities: Cleanup
States will manage, oversee and enforce assessments and cleanups at LUST
release sites.
States and the EPA will work to implement strategies to reduce their LUST
backlogs, such as increasing the efficiency of cleanups, examining existing
remediation policies, 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.
The EPA will partner with states to develop tools and training on subjects that
will help move all sites forward toward cleanup, such as, ability to pay analysis,
and responsible party searches and other topics states believe will be helpful.
Regions will conduct assessments and cleanups in Indian country, implementing
strategies to increase the efficiency of cleanups, rigorously evaluating
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 the EPA will promote the reuse of petroleum brownfields, look for
opportunities to partner with local implementers 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
(once finalized) as appropriate when assessing vapor intrusion at LUST sites.
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. Once finalized, states and regions will look to that guidance
in considering 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. See Guidelines For Tailoring Community Engagement Activities To
Circumstances At Leaking Underground Storage Tanks Sites.
http://www.epa.gov/oust/communityengagement/tailoring.pdf
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
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committed, obligated and spent efficiently and promptly.
Regions will effectively manage and oversee state/tribal grants to implement the
applicable prevention and cleanup provisions described above.
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 1988 UST rule focused primarily on preventing releases into the environment
from gas stations and other facilities.
With the passage of the Energy Policy Act of 2005, the UST community
recognized the need to revise the 1988 regulations to: incorporate changes from
the Energy Policy Act of 2005, update outdated portions of the regulations due to
changes in technology and to focus on the critical elements of proper operations
and maintenance of these systems. This effort also allowed the EPA to ensure
environmental equity in Indian country by these same provisions on tribal lands.
The proposed rule was issued for public comment in the fall of 2011.
Assuming that the rule is finalized in early 2015, we will focus our efforts on the
implementation of the rule.
Finalize Vapor Intrusion Technical Guides
The EPA regions, states, local governments, and other stakeholders have
expressed a need to finalize this guidance.
Two guides are being prepared, one for petroleum releases from underground
storage tanks and one for the rest of the universe of contaminated sites addressed
by federal statutes.
Both guides reflect and systematize current practices, which have evolved over
the past 15 years, to foster national consistency in addressing vapor intrusion.
Measures: The ACS measures supporting this program are ST1, ST6, 111, 112 and 113.
These measures can be found on page 1-2 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 intends to continue focus on the key areas listed below to help improve tribal
program development and performance. These areas are in addition to program-specific
activities related to tribes listed throughout OSWER's NPM guidance.
Activities:
Headquarters, regions and tribes
Promote actions that enable tribes to develop Integrated Waste Management
Plans, build capacity to demonstrate program readiness using the proposed GPRA
measure to track improvements through tribal program capacity assistance, 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 of 2015, finalize the OSWER Tribal
Consultation Semi-annual Agenda.
Develop new technologies, opportunities, and technical assistance for tribal
outreach and mining impacts on tribal lands.
Continue a collaborative partnership between federal agencies through open
dialogue to address waste management issues in Indian country.
Headquarters and tribes
Support tribes through the OSWER cooperative agreements which fund activities
such as the Tribal Lands and Environmental Forum, the Tribal Waste and
Response Assistance Program, National Tribal Steering Committee and the
Tribal Superfund Working Group.
Measures: ACS measure TR1 supporting this program area can be found on page 2 of
the attached measures appendix. The agency will work collaboratively to begin
development on a new tribal performance measure. The measure is expected to be tied to
Integrated Waste Management Plans.
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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 Making a Visible Difference in Communities
and is based in Goal 3, Objective 1 of the FY 2014-2018 EPA Strategic Plan7: Promote
Sustainable and Livable Communities. OSWER supports cross-agency coordination by
working with other NPMs and the EPA regions to better facilitate the creation of healthy
and sustainable communities. In many instances, children living in communities with
environmental justice concerns are the most vulnerable to pollutants or contaminants, and
in recognition of that, OSWER will consider impacts on children in its activities
associated with making a visible difference in 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.
The OSWER EJ and tribal programs will coordinate and collaborate with the
American Indian Environmental Office's workgroup on implementing the EJ
Policy for Tribes and Indigenous People. By integrating EJ principles in a
consistent manner in the agency's work throughout Indian country, this
partnership will protect the health and environment of federally recognized tribes,
indigenous people and others living in Indian country.
Strengthen the use of the EJ Legal Tools in every OSWER program office. Every
office will undertake activities that identify the relevant authority and describe
how the office will improve the awareness, behavior and environmental
conditions on the ground to make a visible difference in communities.
OSWER will work with the EPA regional offices, state and local governments
and tribes to ensure they are aware of the public release of the EJSCREEN tool
and available opportunities to learn more about the tool.
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
7 The FY 2014-2018 EPA Strategic Plan can be found at the following website:
http://www2.epa.gov/planandbudget/strategicplan
Page | 48
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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 a
quarterly and semi-annual Office Directors' EJ Learning Series and will facilitate
internal EJ training to help OSWER headquarters and regional staff better serve
communities.
Through OSWER partnerships with tribal and state governments, building
alliances and leveraging resources to help address local environmental concerns in
overburdened and underserved communities.
OSWER will support the agency's Community Action Plan with staff and
resource investments. Goals and milestones for implementation established in
FY2015 will be completed during FYs 2016 and 2017.
Page | 49
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ENVIRONMENTAL PROTECTION AGENCY
OFFICE OF SOLID WASTE AND EMERGENCY RESPONSE
DRAFT FY 2016-2017 NPM GUIDANCE MEASURES APPENDIX
G/O
3.1
3.1
3.1
3.1
3.1
3.1
3.1
3.1
3.1
3.2
3.2
ACS Code
B29
B32
B33
B34
B37
SMS
CH2
PC1
PCS
HWO
ST1
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 (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 PCS approvals issued under authorities other than 40 CFR 761. 61 (a) or (c).
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.
Non-
Commit-
ment
Indicator
(Y/N)
N
N
Y
Y
Y
N
N
Y
Y
N
Y
State
Grant
Measure
(Y/N)
Y
Y
N
N
N
N
N
N
N
Y
Y
FY2016
Nat.
Target
1,300
120
4,000
5,000
1.1
450
460
140
10
115
< 6,615
(UST
releases)
Attachment I, page 1
-------
ENVIRONMENTAL PROTECTION AGENCY
OFFICE OF SOLID WASTE AND EMERGENCY RESPONSE
DRAFT FY 2016-2017 NPM GUIDANCE MEASURES APPENDIX
G/O
3 2
3.2
3.3
3.3
3.3
3.3
3.3
3.3
3 3
3.3
3.3
ACS Code
ST6
TR1
137
327A
328A
C1
111
112
113
122
131
Measure Text
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 removal actions completed.
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 pending 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.
Number of Superfund remedial site assessments completed.
Number of remedial action projects completed at Superfund NPL sites.
Non-
Commit-
ment
Indicator
(Y/N)
Y
N
N
Y
Y
Y
Y
N
N
N
N
State
Grant
Measure
(Y/N)
Y
N
N
N
N
N
N
Y
Y
N
N
FY2016
Nat.
Target
71%
10
275
60%
60%
82%
13%
8,600
26
750
105
Attachment I, page 2
-------
ENVIRONMENTAL PROTECTION AGENCY
OFFICE OF SOLID WASTE AND EMERGENCY RESPONSE
DRAFT FY 2016-2017 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
5.1
5.1
5.1
ACS Code
141
S10
151
152
FF1
CA1
CA2
CAS
CA6
OSRE-01
OSRE-02
HQ-VOL
Measure Text
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.
Cumulative percentage 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
Y
N
N
N
N
N
N
N
State
Grant
Measure
(Y/N)
N
N
N
N
N
Y
Y
Y
Y
N
N
N
FY2016
Nat.
Target
10
45
9
13
88%
92%
82%
64%
25%
99%
100%
200M CY
Attachment I, page 3
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EXPLANATION OF CHANGES BETWEEN FY 2014-2015 AND FY 2016-2017 TEMPLATE
Office of Solid Waste and Emergency Response
Change from FY 2015 Addendu
Guidance
National
Areas of
Focus
Addition: The 2016/17 guidance includes a
description of actions associated with
streamlining the Superfund Remedial
program's decision document review process.
Addition: Providing direction to leverage
beneficial Superfund non-NPL site outcomes.
Addition: E-manifest - added new milestones
for system development by HQ. Also added
language noting the future development of
performance measures.
Addition: Requiring regions to assist
Brownfields grant recipients with
accomplishments reporting, specifically
capturing leveraged funding and associating
properties
As part of the Superfund Program Review,
the Remedial program is adopting
approaches to improve decision document
review practices by engaging with regions
earlier and enhancing regional quality
assurance processes.
Incorporates stakeholder feedback from
OSWER's early engagement with partners on
FY 2016-2017 priority-setting process.
E-manifest project schedule has advanced
since initially developed in FY 2014.
Ensure grant recipients update leveraging
information, as outlined in the grant terms
and conditions. Emphasizes importance for
regions to provide grantees with guidance on
how to leverage accomplishments.
Location of New/Modified
Information
National Area of Focus,
"Advancing Super fund
Remedial Cleanup," page 9.
National Area of Focus,
"Advancing Super fund
Remedial Cleanup," page 9.
National Area of Focus, "E-
Manifest and E-Enterprise,"
pages 14-15.
National Area of Focus, "Area-
Wide Planning," page 21.
Program-
Specific
Guidance
Deletion: Removing language on the regional
laboratories and analytical capabilities for
chemical warfare agents.
OEM has completed an internal study
exploring the potential consolidation of
regional Chemical Warfare Agent (CWA)
laboratory capabilities, which concluded that
consolidating the operations into a smaller
number of CWA laboratories would not
substantially lower overall laboratory costs.
Emergency Response and
Prevention program, pages 25-
27.
Appendix II, Page 1 of 4
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Deletion: Removing language referring to
possible plan to redistribute regional OSC
allocations.
Modification: Adding language requiring the
implementation of closing conference
procedures for FRP (when they are finalized).
Modification: Decreasing the percent of the
total RMP universe to be inspected each year
from 4 to 3 percent.
Addition: Adding language prohibiting
inspections exclusively pertaining to identify
gas leaks using infrared cameras without
evaluation core accident prevention or
emergency response program requirements
from being counted toward regional inspection
totals
Addition: Brownfields Assessment, Revolving
Loan Fund, and Cleanup (ARC) grant
guidelines will be available in the summer of
the year prior to award.
Addition: Outlines new, 2-year grant
competition cycle for Brownfields Revolving
Loan Fund (RLF) grants. The next RLF Grant
competition will occur in FY 2016.
Based upon other ongoing internal Agency
laboratory consolidation efforts, OEM may be
required to consolidate CWA operations.
OEM determined that redistribution of
regional OSC allocations is not necessary at
this time.
OEM has added language to include the FRP
closing conference procedures, pending their
becoming final.
OEM and the regions will not have adequate
SEE personnel levels to continue inspecting 4
percent of the RMP universe per year.
Updating the NPM Guidance to reflect
program policy to focus resources on RMP
facilities where inspections of core
prevention and emergency response
capabilities are evaluated.
Allows eligible entities extended grant
application process.
Alternating competition cycles will allow the
program to focus on supporting and building
the existing RLF grantees' programs.
Emergency Response and
Prevention program, page 25.
Emergency Response and
Prevention program, page 26.
Emergency Response and
Prevention program, page 26.
Emergency Response and
Prevention program, page 27.
Brownfields and Land
Revitalization program, page
30.
Brownfields and Land
Revitalization program, page
29.
Appendix II, Page 2 of 4
-------
Addition: Targeted Brownfields Assessments
(TEA). Specifies regions will work with states
and prioritize funding towards small and rural
communities.
Addition: Funding will be targeted to
communities designated part of the Making A
Visible Difference in Communities Initiative
Addition: Headquarters and regions will
evaluate an allocation process for TEA funding,
taking into consideration relevant factors such
as use and balance of previous TEA funding,
TBAs completed and reported in ACRES and
other factors, as appropriate.
Addition: HQ and Regions will ensure CERCLA
128(a) funding is available and provided to
states, tribes, and territories that demonstrate
on the ground results and support in
establishing/ enhancing Environmental
Response Programs.
Addition: Added focus on working with states
to ensure compliance with EPAct provisions.
Addition: Provided clarification on specific
items to address with regard to climate change
and environmental justice.
Addition: Expanded focus of biofuels to
include other emerging fuels.
Incorporates stakeholder feedback from
OSWER's early engagement with partners on
FY 2016-2017 priority-setting process.
Emphasizes new activities under the EPA
Making A Visible Difference in Communities
Initiative.
Incorporates new activities to assess
efficiency of TEA program.
Incorporates stakeholder feedback from
OSWER's early engagement with partners on
FY 2016-2017 priority-setting process.
States are struggling to maintain the three
year inspection requirement, given ongoing
budget challenges, warranting additional
focus.
States requested additional clarification
during OSWER's early engagement with
partners on FY 2016-2017 priority-setting
process.
States requested this expanded scope to
address the greater variety of fuels requiring
attention, as part of OSWER's early
Brownfields and Land
Revitalization program, page
30.
Brownfields and Land
Revitalization program, page
30.
Brownfields and Land
Revitalization program, page
30.
Brownfields and Land
Revitalization program, page
31.
Underground Storage Tanks
program, page 44.
Underground Storage Tanks
program, pages 44-45.
Underground Storage Tanks
program, page 44.
Appendix II, Page 3 of 4
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engagement process.
Annual
Commitment
Measures
Deleted measure PC2, "Number of acres to be
remediated under 40 CFR 761.61 (a) or (c)
approvals."
OSWER is no longer using measure PC2 due
to our inability to accurately predict the
number of acres to be remediated under
these approvals. The measure was not
helpful in demonstrating program results or
effectiveness.
Measures Appendix, page 1.
Staff contacts included as an appendix.
Key Contacts Appendix.
Contact
Information
Appendix II, Page 4 of 4
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OSWER FY 2016-2017 GRANTS MANAGEMENT GUIDELINES
Grants.gov
After extensive collaboration with the EPA grants management community, states and
tribes, the Office of Grants and Debarment (OGD) is issuing GPI14-01, Electronic
Submission of Initial Grant Applications. The GPI implements the decision of EPA's
Grants Management Council (GMC) to streamline the agency's grant application process
by requiring electronic submission through Grants.gov.
The policy is effective February 17, 2015. It applies to:
All initial proposals/applications submitted for competitive assistance
agreement awards, including fellowships, based on solicitations issued on or
after February 17, 2015; and
All initial applications for non-competitive assistance agreement awards
submitted on or after February 17, 2015. This includes applications for
funding under Continuing Environmental Programs (CEPs) where the
workplan is negotiated annually and new funding is applied to an existing
award.
This policy does not currently apply to assistance agreement amendment
applications. In subsequent fiscal years, the Director of the OGD, in
coordination with the GMC, may explore expanding the applicability of this
policy to assistance agreement funding amendments.
Policy
The policy establishes Grants.gov as the EPA standard for the submission of initial
proposals/applications for competitive and non-competitive assistance agreement awards.
Except in limited circumstances, the policy requires EPA officials to ensure that all initial
competitive and non-competitive proposals/applications are submitted to EPA
electronically through Grants.gov.
After the initial proposal/application submittal through Grants.gov, program offices or
grants management offices (GMOs) may allow applicants to submit revisions (that
cannot be addressed through pen and ink changes) or additional proposal/application
materials through email or electronically through Grants.gov. If the latter method is
chosen for a competitive program, a second Grants.gov package will need to be posted on
Grants.gov. Applicants may submit revisions to non-competitive applications under the
same Grants.gov package used in the original submission. GMOs and program offices
may also allow submission of revisions or additional proposal/application materials via
hardcopy but only after determining that electronic methods are not feasible.
Appendix III, Page 1 of 7
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Training
The GPFs effective date of February 17, 2015 will facilitate a smooth transition to the
new requirements by allowing OGD to provide advance training and support to internal
and external grants partners. OGD will be offering webinar training on the policy,
beginning in October 2014, for EPA program and grants staff. Additionally, in
partnership with the HHS Grants.gov program manager, OGD will hold training sessions
for potential applicants. During those sessions, Grants.gov experts will go over
Grants.gov basics, such as registering and applying for grants, and answer any questions
applicants have about the process.
OGD has announced several trainings on the OGD Recipient Training page at:
http://www.epa.gov/ogd/training/recip_train.htm
Enhancing Public Awareness of EPA Assistance Agreements
The OGD has issued Grants Policy Issuance (GPI) 14-02, Enhancing Public Awareness
of EPA Assistance Agreements. Developed by a cross-agency work group, the GPI
furthers the Administrator's theme of making a visible difference in communities across
the country. The new requirements will result in heightened community awareness of the
significant role EPA assistance agreements play in protecting human health and
environment.
At its August 6, 2014 meeting, the Grants Management Council approved the policy on
the condition that OGD address any Limited English Proficiency concerns. Working
with the Office of Civil Rights and the Office of General Counsel, OGD has added
language to the GPI describing the relationship to LEP requirements under EPA Order
1000.32.
Policy
The policy is effective October 1, 2014.
The policy:
a. Establishes public awareness requirements for new assistance agreement awards,
and incremental or supplemental funding amendments, made on or after October
1, 2014, under infrastructure-related programs as specified in Sections 5-6 below.
In future fiscal years, the OGD, in consultation with National Program Manager
(NPMs), the Office of Public Affairs (OP A) and the Office of General Counsel
(OGC), may expand coverage to other programs, as appropriate, including
programs supported by funds-out interagency agreements.
b. Establishes uniform acknowledgement requirements for reports, publications and
other materials developed for public distribution supported by new assistance
agreement awards, incremental or supplemental funding amendments, and new
Appendix III, Page 2 of 7
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fellowships made on or after October 1, 2014.
c. Outlines existing requirements for the use of the EPA logo or seal as they apply to
assistance agreements, including requirements for jointly-sponsored conferences
with cooperative agreement recipients.
d. Describes the relationship to Limited English Proficiency (LEP) requirements
under EPA Order 1000.32.
[See http://www2.epa.gov/aboutepa/epas-themes-meeting-challenge-ahead1.
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 2015 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 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 NPMs 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.
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 3 of 7
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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 began utilizing 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
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 OGD's 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 2015, 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 NPM Guidance.
The 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:
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 4 of 7
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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.
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 2015
appropriated funds should be issued by April 2014). 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:
Appendix III, Page 5 of 7
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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.
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
Appendix III, Page 6 of 7
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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
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 7 of 7
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STATE REPORTING REQUIREMENTS AND SCHEDULE FOR UST
PERFORMANCE MEASURES
States and regional offices must submit performance data1 on a semi-annual basis. See the chart
below for specific due dates. All mid-year and 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
States
Regions
April 8, 2016
April 7, 2017
Report mid-year data in
LUST4 semiannual
performance measures
online application.
April 15,2016
April 14, 2017
Report 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.
September 9, 2016
Septembers, 2017
Report estimates of
cleanups completed for
end-of-year.
September 16, 2016
September 15, 2017
Report estimates of
cleanups completed by
tribes and states to OUST.
October 7, 2016
October 6, 2017
Report end-of-year data in
LUST4 semiannual
performance measures
online application.
October 14, 2016
October 13, 2017
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.
1 Semiannual performance measure definitions can be found at http://www.epa.gov/oust/cat/PMDefinitions.pdf.
Appendix IV, page 1 of 1
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KEY CONTACTS
Subject Area Contact Name(s) Phone Email
OSWER, General Questions
Superfund Remedial
Emergency Management
Brownfields
Revitalization
Resource Conservation and
Recovery
Underground Storage Tanks
Federal Facilities
Tribal
State Liaison/ Innovation
Climate Change
Environmental Justice and
CARE
Howard Rubin
Art Flaks
Bill Dalebout
Peter Oh
Dondra Ward
Debra Morey
Patricia
Overmeyer
David Hockey
Ray Worley
Jyl Lapachin
Janice Sims
Jeffrey Kohn
Marc Thomas
Pat Carey
(202)566-1899
(703) 603-9088
(703) 603-8826
(202) 564-2375
(202) 564-3842
(202) 566-2735
(202) 566-2774
(703) 308-8846
(703) 603-7172
(703) 603-0046
(202) 566-2892
(202) 566-1407
(202) 566-0791
(202) 566-0199
rubin.howard(3)epa.sov
flaks.artfalepa.sov
dalebout.william(3)epa.sov
oh.peter(3)epa.sov
ward. dondra(3)epa. sov
morev.debi(3)epa.sov
overmever.patriciafoiepa.sov
hockey. david(3)epa.sov
worlev.rav(3)epa.sov
lapachin.ivl(3)epa.sov
sims.ianiceHQ(3)epa.sov
kohn.i effrev(5),epa. sov
thomas.marcfoiepa.sov
carev.pat(3)epa. sov
Appendix V
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