SERIV United States Environmental Protection Agency OFFICE OF CHEMICAL SAFETY AND POLLUTION PREVENTION DRAFT FY 2017 ADDENDUM TO THE FY 2016-2017 NATIONAL PROGRAM MANAGER GUIDANCE Publication Number: 720P16001 ------- Draft FY 2017 Addendum to the OCSPP FY 2016-2017 NPM Guidance Table of Contents I. INTRODUCTION 3 A. Agency Overview 3 B. OCSPP Addendum Overview 3 C. Summary of Exceptions-Based Changes in FY 2017 3 II. EXCEPTIONS-BASED CHANGES FOR FY 2017 5 III. MEASURES APPENDIX 9 ------- Draft FY 2017 Addendum to the OCSPP FY 2016-2017 NPM Guidance I. INTRODUCTION A. Agency Overview The National Program Manager (NPM) Guidances set forth the strategies and actions the EPA and its state and tribal partners will undertake to protect human health and the environment. The NPM Guidances provide the linkage from the FY 2014-2018 EPA Strategic Plan and annual budget by providing implementation direction to EPA regional offices, states and tribes. Taken together, the NPM Guidances serve as a national framework for regional offices to use as they tailor their approaches and strategies for engaging with states and tribes. Beginning with FY 2016-2017, the EPA will implement a new two-year cycle for the NPM Guidance process, which was developed collaboratively with our state and tribal partners. To complement the individual NPM Guidances, OCFO has developed an "Overview to the FY 2016-2017 NPM Guidances." The Overview to the NPM Guidances and the Addendums communicates important agency-wide information and should be reviewed in conjunction with each of the FY 2016-2017 NPM Guidances, grant guidances and other applicable requirements. The Overview also includes important background information and the cross-program areas that are critical to effective implementation of EPA's environmental programs in FY 2016 and 2017. This brief stand-alone document is posted separately on OCFO's NPM Guidance website at: http://www2.epa.gov/planandbudget/national-program-manager-guidances. B. OCSPP Addendum Overview The Office of Chemical Safety and Pollution Prevention (OCSPP) National Program Manager (NPM) Guidance provides direction to the EPA regional offices with respect to the Chemical Safety and Pollution Prevention programs, incorporating input from states, tribes and other concerned stakeholders. The NPM Guidance identifies OCSPP's program priorities for regional offices, summarizes the annual performance plans for each of the national programs managed by the Office of Pesticide Programs (OPP) and the Office of Pollution Prevention and Toxics (OPPT), details the specific contributions needed from the regional offices, and identifies the commitments that will be used to hold regional offices accountable for contributing to those programs' goals and objectives. More information on OCSPP can be found at http://www2.epa.gov/aboutepa/about-office-chemical- safety-and-pollution-prevention-ocspp. This document is an addendum to the FY 2016-2017 NPM Guidance, listing all significant changes for FY 2017 since FY 2016-2017 NPM Guidance was finalized. The EPA regional offices' annual program commitments and results are reported in the agency's accountability system, the Annual Commitment System (ACS). OCSPP's suite of ACS commitments is presented in Section III Measures Appendix. The FY 2017 regional offices commitments in ACS will remain as draft until final performance agreements are reached in October 2016. Additional information on the EPA performance measures, planning and budgeting can be found at http://www2.epa.gov/planandbudget. C. Summary of Exceptions-Based Changes in FY 2017 In the FY 2017 President's Budget, the Chemical Risk Review and Reduction (CRRR) program included a request to expand regional offices resources (1 FTE per regional office) to enable EPA to expand work commenced in FY2016 to stand up a TSCA chemical safety program in the regional offices. This will enhance the agency's efforts to successfully implement pending major TSCA rule-makings, implement best management practices for schools to mitigate PCB and formaldehyde contamination, and promote use of safer chemicals. Regional offices will report out on the number of chemical safety implementation support activities that they contribute to beginning in FY 2016. As the role of the regional offices expands and develops, additional metrics may be developed to specifically measure the impact of regional office involvement in the risk management process. The expanded resource base in the regional offices, which follows the initial creation of this resource base through reprogramming of three FTEs from HQ to the regional offices in FY 2016, will start to close a critical gap in the ------- Draft FY 2017 Addendum to the OCSPP FY 2016-2017 NPM Guidance agency's program implementation framework: the TSCA new and existing chemical programs are the only major regulatory programs administered by EPA that are not currently supported by the regional offices (except with regards to regulatory enforcement). In February 2016, the Toxics Release Inventory (TRI) Program moved from the Office of Environmental Information (OEI) to the Office of Pollution Prevention and Toxics (OPPT) in the Office of Chemical Safety and Pollution Prevention (OCSPP). Therefore, TRI activities listed in the OEI FY 2016-2017 NPM Guidance will be moved to OCSPP's Guidance. ------- II. EXCEPTIONS-BASED CHANGES FOR FY 2017 Exceptions-Based Change: Chemical Risk Review and Reduction (CRRR) Language in the CRRR section of OCSPP's FY 2016-2017 NPM Guidance is updated to reflect resources added in FY 2016 and proposed to be expanded in FY 2017 to enable the regional offices to conduct specific chemical safety activities. EPA's regional offices will be critical to successful implementation of TSCA chemical risk management actions - they are uniquely situated to increase stakeholder involvement to ensure that these actions are effective and efficient, and to leverage states, tribes, localities and others to help reach the most vulnerable populations that these rules are intended to protect. Regional offices are also at the forefront of EPA's response to the recent public concerns over studies documenting the presence of PCBs and other "legacy" chemicals in building materials used in the more than 100,000 K-12 schools built before 1980. Title: Chemical Risk Review and Reduction (CRRR) The program description of the National Area of Focus: Chemical Risk Review and Reduction (CRRR) found in the Office of Chemical Safety and Pollution Prevention (OCSPP) Final FY 2016-2017 National Program Manager (NPM) Guidance beginning on page 17 remains unchanged. The text under Regional Office Activities is updated to include risk management implementation activities that have been resourced in FY 2016 and for which expanded resources are being/have been requested in the FY 2017 President's Budget. The following text will replace all of the current text of Section B. Regional Activities under the National Area of Focus: CRR on page 18: B. Regional Offices Activities In the FY 2017 President's Budget, the Chemical Risk Review and Reduction (CRRR) program included a request to expand regional offices resources (1 FTE per regional office) to enable EPA to expand work commenced in FY2016 to stand up a TSCA chemical safety program in the regional offices to successfully implement pending major TSCA rule-makings, implement best management practices for schools to mitigate PCB and formaldehyde contamination, and promote use of safer chemicals. Regional offices will report out on the number of chemical safety implementation support activities that they contribute beginning in FY 2016. As the role of the regional offices expands and develops, additional metrics may be developed to specifically measure the impact of regional office involvement in the risk management process. The Office of Pollution Prevention and Toxics will continue to ensure the safety of chemicals already in commerce under the CRRR program with four program areas of interest: (1) Existing Chemicals: Data Acquisition, Management, Transparency; (2) Existing Chemicals: Chemical Assessment; (3) Existing Chemicals: Risk Management; and (4) New Chemicals. The bulk of the regional office work will fall under the Existing Chemicals: Risk Management area. Specific regional offices activities that could be implemented are: ------- Draft FY 2017 Addendum to the OCSPP FY 2016-2017 NPM Guidance TSCA Chemical Safety Risk Management Implementation Activities: • Work with local, state, and tribal chemical safety, environmental and public health officials to educate stakeholders on the findings of completed risk assessments, communicating the hazards and the effective measures to reduce the risks from undue exposures. These efforts will be tailored to the audience, targeted at sensitive populations (i.e., the elderly and children), and environmental justice communities who bear the greatest risk. • Utilize existing networks to educate and inform states, tribes and regulated entities about risk reduction measures for TSCA chemicals including formaldehyde, high priority Significant New Use Rules (SNURS) and Section 6 rules. • Participate in the implementation of risk management activities for formaldehyde, high priority SNURS and Section 6 rules, including engaging with states and other stakeholders during rule implementation to facilitate compliance. • Engage in risk management outreach activities that would educate and inform states, tribes and regulated entities about risk reduction measures for TSCA chemicals (e.g., PCBs, formaldehyde, high priority SNURS and Section 6 rules, etc.). • Participate in developing options for PCBs in building materials, especially issues related to the PCBs in schools; including assist school districts and property owners with exposure mitigation options; respond to stakeholder inquiries relating to PCBs and other future chemicals identified for risk reduction; and conduct outreach and technical support answering questions on how to address PCBs in building materials. • Coordinate with Regional Occupational Safety and Health Administration (OSHA) programs on TSCA SNUR and worker protection issues. • Coordinate risk management activities, including formaldehyde, high priority SNURS and Section 6 rules, with regional staff in other program areas in the region, states and tribes. • Coordinate data collection and management activities with EPA Headquarters and other regional offices, states and tribes. • Perform data quality interventions, facility/site assessments (for example in coordination with TRI inspections), etc. for review of data submitted to the Chemical Data Reporting (CDR) database. • Coordinate with EPA headquarters on identifying regional and local data that may be useful in problem formulation for chemical assessments. ------- Draft FY 2017 Addendum to the OCSPP FY 2016-2017 NPM Guidance Other TSCA Chemical Safety Support Activities: • Continue implementation of the Safer Choice communication plan, amplification of the Safer Choice Program and promotion of accompanying developed materials for the new Safer Choice logo. • Participate in rulemaking workgroups to inform the rulemaking process to ensure rule-effectiveness. • Engage local stakeholders in a dialogue, through workshops or other means, about the range of existing uses and alternatives to workplan and related chemicals when they are in the problem formulation phase, such as for 1-Bromopropane in 2016. • Work with Regional enforcement staff to help focus core TSCA enforcement work • Provide practical knowledge to program office based on established external, regional networks and relationships with industry and other stakeholders that do not exist at EPA Headquarters. • Conduct outreach on ChemView. • Coordinate with EPA Headquarters on identifying and assessing safer chemical alternatives for existing chemicals. NEW Exceptions-Based Change: Toxics Release Inventory The TRI description and activities that were previously listed in the OEI FY2016-2017 National Program Manager Guidance are now being listed in OCSPP's FY2017 NPM Guidance Addendum. Title: Toxics Release Inventory (TRI) The Toxics Release Inventory (TRI) Program is the EPA's Community Right-to-Know program requiring more than 20,000 industrial facilities across the United States to report their releases and other waste management (e.g., recycling) of more than 600 TRI-listed toxic chemicals on an annual basis. TRI data are used by the public, industry, EPA, and other government agencies to assess potential hazards to human health and the environment and to identify pollution prevention (P2) opportunities. As such, it is critical that the Agency ensure the data are relevant to users, delivered in a timely fashion, and are of the highest possible quality. More information about the TRI Program can be found at http://www.epa.gov/tri. Activities: Guideline: 3-5 sentence description of a new/changed activity and expected impact on grant work plans, if any. Revisions to measures should be captured in the Measures Appendix only. ------- Draft FY 2017 Addendum to the OCSPP FY 2016-2017 NPM Guidance In February 2016, portions of the Toxics Release Inventory (TRI) Program will be moving from the Office of Environmental Information (OEI) to the Office of Pollution Prevention and Toxics (OPPT) in the Office of Chemical Safety and Pollution Prevention (OCSPP). In FY 2016-2017, the Office of Pollution Prevention and Toxics will: • Address the growing demand for sustainability and P2 data through outreach to industry and enhancements to the TRI reporting software, TRI-MEweb, that increase and enhance reporting of required and optional P2 information; • Identify new opportunities to encourage the use of TRI data to promote pollution prevention by communities, industry, and academia; • Collaborate with academic institutions to broaden the understanding and use of TRI data; and • Continue to work to expand opportunities for Tribal consultation. As part of that effort promote Tribal awareness and attendance at the next TRI National Conference slated for 2016. The TRI Headquarter Program and regional offices will work together to implement the TRI Program to: • Enhance TRI data quality by conducting 600 annual data quality checks; • Utilize outreach opportunities to focus on expanding use of P2 data by communities, industry, and academia to reduce toxic chemical releases; • Support expansion of efforts to develop approaches to engage communities, industry, and academia in using TRI and related information; and • Meet with headquarters' staff on a monthly basis and state TRI representatives on a bi-monthly basis to discuss programmatic activities. ------- Draft FY 2017 Addendum to the OCSPP FY 2016-2017 NPM Guidance in. MEASURES APPENDIX Goal/ ACS Objective Code FY 2016-2017 Measure Text Non- State National Commitment Performance Planning Target Indicator Measure Target (FY2017 (Y/N) (Y/N) Pres. Bud) FY 2016 Measures Continued in FY 2017 4/1 4/1 4/1 4/1 CORE IPM2 RSP2 13A Percent of overall required pesticide program cooperative agreement activities that are included in grantee workplans and completed consistent with the pesticide program portion of the FIFRA Grant Guidance. Number of activities conducted, consistent with the EPA "Strategic and Implementation Plan for School Integrated Pest Management," to provide outreach, education and/or assistance to public schools at the kindergarten through high school levels to adopt verifiable and sustainable IPM practices.2 Number of region-specific projects or initiatives contributing to the implementation and enhancement of the Region-Specific Pesticide Priority areas. Annual percentage of viable lead-based paint abatement certification applications that require less than 20 days of EPA regional office effort to process (Direct Implementation). N Y N N N N N N 100%! 1 per Region 95 1 Percent of pesticide program core activities completed by grantee as compared to the total required by pesticide program portion of the FIFRA grant guidance. Where core activities are not completed, they can be removed from the total required provided a reasonable rationale for not completing the core activity is documented (e.g., unexpected loss of staff or unplanned crises during the project period). Since end-of-year reports for these cooperative agreements are not due to OPP from the regional offices until February 28, data for this ACS measure will not be available at the end of the fiscal year for reporting into ACS. When regional offices report their ACS measures at the end of the fiscal year, they may indicate in the comment field for this measure that this data will not be available until February/March and will be reported at that time. 2 Activities defined as substantial increments of work with one or more internal or external stakeholder(s) or development of program capacity such as databases or educational resources to advance IPM in schools. In order to keep a wide range of activities somewhat comparable, each reported activity should generally include 1) preparation, 2) substantive participation, and 3) follow-up actions as needed. ------- Draft FY 2017 Addendum to the OCSPP FY 2016-2017 NPM Guidance Goal/ ACS Objective Code FY 2016-2017 Measure Text Non- State National Commitment Performance Planning Target Indicator Measure Target (FY2017 (Y/N) (Y/N) Pres. Bud) 4/1 4/1 4/1 4/1 4/1 4/2 4/2 4/2 4/2 13B 14 CSA RRP2 TR-1 262 263 264 297 Annual percentage of viable lead-based paint abatement certification applications that require less than grantee state- established timeframes to process. Number of lead abatements performed by certified abatement contractors occurring in the region. Number of chemical safety activities conducted. Number of active lead-based paint renovation, repair and painting certification training providers accredited by the regional office. Number of tribal partnerships or projects addressing lead- based paint hazards and exposure reduction in the region. Gallons of water reduced through pollution prevention. Business, institutional and government costs reduced through pollution prevention. Pounds of hazardous material reduced through pollution prevention. Metric tons of carbon dioxide equivalent (MTCO2e) reduced or offset through pollution prevention. N Y N Y Y N N N N Y N N N N Y Y Y Y 95 FY 2016 Measure Edited for FY 201 7 4/1 CSA Number of chemical safety implementation support activities conducted. N N 10 ------- |