Office of Land and Emergency Management Addendum to FY2016-2017 OSWER NATIONAL PROGRAM MANAGER GUIDANCE Final - April 29, 2016 Publication Number 540F16001 ------- This page intentionally left blank ------- TABLE OF CONTENTS INTRODUCTION I KEY CHANGES FOR FY 2017 II ADVANCING SUPERFUND REMEDIAL CLEANUPS 1 CHEMICAL RISK MANAGEMENT 2 BROWNFIELDS AREA-WIDE PLANNING 2 SUPERFUND FEDERAL FACILITY RESPONSE 3 EMERGENCY RESPONSE AND PREVENTION 4 BROWNFIELDS AND LAND REVITALIZATION 5 MEASURES APPENDIX Ill ------- This page intentionally left blank ------- Introduction The Office of Land and Emergency Management (OLEM), formerly known as OSWER, is the national program manager for a wide variety of community-based programs. OLEM 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. OLEM also collaborates with other agency programs on cross-media issues to address environmental concerns as One EPA. Addendum to the OSWER FY 2016-2017 NPM Guidance OLEM's guidance for FYs 2016 and 2017 provides program priorities and expectations to our regional colleagues and partners for carrying out our community-based programs. This addendum to the FY 2016-2017 OSWER national program guidance contains additional direction important for FY 2017 program implementation and updated ACS measures and targets. Further, we would like to highlight important actions regarding our shared contribution toward the cross-agency strategy, "Working to Make a Visible Difference in Communities." OLEM intends to build upon the great progress made in coordinating and leveraging program resources, tools and expertise to engage and support communities, especially those with environmentally overburdened and economically disadvantaged populations. We will work with the regions and key stakeholders to identify communities where OLEM core program projects are being coordinated with other EPA media and federal program resources to address broader environmental and/or health challenges identified by the community. OLEM and the regions will then promote and potentially expand the identified best management practices and support tools for use by EPA, states and tribes to more effectively apply resources in other communities. This effort will be coordinated with ongoing broader efforts of the Communities cross-agency strategy and the agencywide Community Resource Network. OLEM recognizes the important work that our state, tribal and local partners undertake in implementing environmental programs. As a result of a collaborative effort with our partners, OLEM and the other EPA program managers issued two-year guidances beginning with the FY 2016-2017 cycle. The limited updates in this addendum include useful information for program implementers addressing our shared priorities in FY 2017. ------- Pages Issue Area: Advancing Superfund Remedial Cleanups 10-13 Exceptions-Based Change: Replace single activity entitled, "Coordinate Work at Sites of National Significance," with three separate activities: "Coordinate Work at Sediment Sites," "Coordinate Work at Mining Sites," and "Coordinate Work at Abandoned Uranium Mines (AUM)." This amendment to the current guidance updates information regarding mining sites and abandoned uranium mines. Additional emphasis is placed on mining sites as a result of increased national focus on the identification and management of mining sites with hydraulic hazards. Additionally, the text concerning abandoned uranium mines has been updated to showcase new coordination efforts for FY 2017. Activities: Headquarters and regions • Coordinate Work at Sediment Sites o EPA will coordinate remedy decisions and implementation at 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 EPA will continue to coordinate across its Water, Enforcement and Superfund programs to address water bodies with contaminated sediments. Regions will document specific actions supporting this coordination effort in ongoing or upcoming region-specific programmatic strategic plans and site-specific decision documents. Coordination will occur at the national, regional, state, tribal and local levels, and will include actions such as: sharing monitoring data; harmonizing actions and schedules under different legal authorities to address watershed contaminant sources; identifying where Superfund cleanups can support and/or benefit from local and state decision-making on water infrastructure improvements, state or federal Total Maximum Daily Load development and implementation of National Pollutant Discharge Elimination System permit actions and collaborating on such opportunities; and developing CERCLA- and NCP-consistent site remediation plans that may also serve to reduce the site load to impaired waters to facilitate water quality standards attainment. • Coordinate Work at Mining Sites o EPA will continue to coordinate investigations, remedy decisions, and remedy construction at mining sites subject to CERCLA to prevent or reduce releases or potential releases from Superfund mining sites, including those that have a potential for posing hydraulic hazards. At mining sites with anticipated investigation or cleanup activities where an adit blowout or similar event could be a concern (e.g., through available pressure information, a reasonable estimate of the volume of water within the mine workings, or adit drainage flow rate data), this coordination may include assistance from qualified internal EPA staff and/or outside parties such as other federal agencies, state agencies or outside parties for review of critical site information. Attachment II, Page 1 of 5 ------- o EPA will work with other federal agencies, states, tribes, academia, environmental groups, and industry experts and others to develop Best Management Practices (BMPs) to investigate and address mining sites subject to CERCLA and other authorities that may have hydraulic hazards including mine adits and tailings impoundments. These BMPs will result in the development of checklists/guidelines that outline the steps that should be taken to minimize the risk of a catastrophic event associated with mining site investigation or cleanup activities. The checklists/guidelines will also outline contingency measures needed to address releases/potential releases. Coordinate Work at Abandoned Uranium Mines (AUM) o In FY 2017, EPA will work closely with the Department of Energy, Bureau of Land Management, Forest Service, Bureau of Indian Affairs, National Park Service and state and tribal partners, as appropriate, to address the universe of defense-related abandoned uranium mines identified in the August 2014 DOE DRUM Report In conjunction with the AUM effort, EPA will continue to implement the Navajo Nation and Grants Mining District Five Year Strategic Plans, including site and groundwater investigations, site assessments, removal actions and potentially responsible party searches. Pages 18-19 Issue Area: Chemical Risk Management Exceptions-Based Change: Closeout of activities related to Executive Order (EO) 13650. Activities related to the EO are scheduled to close out by the end of FY 2016. Identified new activities for FY 2017 that build upon those completed under the EO. Activities: Headquarters and regions • EPA and the regions will build upon activities completed during FY2016 under Executive Order 13650. EPA will: o Work with LEPCs, SERCs, TERCs and industry associations to provide their members with information on EPCRA roles and responsibilities and share best practices for facility involvement. o Enhance the capabilities of the Computer-Aided Management of Emergency Operations (CAMEO) suite of applications, which assists local communities plan for and respond to chemical accident, by expanding analytical capabilities and promoting information sharing. Page 20 Issue Ar. ,s Area-Wide Planning Grants Exceptions-Based Change: Area-wide Planning. Updated the number of grants awarded since FY 2010 and outlined the Attachment II, Page 2 of 5 ------- number of grants expected to be awarded in FY 2017. This update replaces the last sentence of the program description before activities are listed. Description: Since the BF AWP grant program began in FY 2010, a total of 64 grants have been awarded (FY 2010 = 23 grants; FY 2013 = 20 grants; FY 2015, 21 grants). In FY 2017, approximately 20 BF AWP grants will be awarded. Exceptions-Based Change: Processing of AWP grant proposals and selection of awards will take place in the second quarter of the fiscal year. Replaces last bullet under the activity, "Provide grant and ongoing project support to the recipients of BF AWP grants." Activities: Headquarters • Commence AWP grant competitions earlier, so that selections are made and project officers can begin processing applications during the second quarter of the fiscal year, instead of third quarter in previous cycles. Page 24 Issue Area: i • irai ra tit • JBTN 11 n iJKt Exceptions-Based Change: New bullet to emphasize work sharing between HQ and the regions. Activities: Headquarters and regions • Encourage work sharing between regions and between regions and headquarters program experts to more effectively use national remedial full time equivalent resources. Exceptions-Based Change: Disregard bullet #2 concerning determinations made at federal facility sites. This is an older initiative and has been incorporated into other initiatives. Activities: Headquarters and regions • Disregard bullet #2 on page 24 of OSWER's FY 2016-2017 NPM Guidance. Exceptions-Based Change: New bullet to capture the recent decision to expand the PFC Roadmap into a broader process document Attachment II, Page 3 of 5 ------- Activities: Headquarters and regions • Evaluate sites to determine how emerging contaminants influence response decisions and five-year reviews. Exceptions-Based Change: Add a final sentence to bullet #3 asking regions to assess the impact of the loss of DoD funding to accelerate cleanup of Base Realignment and Closure installations in rounds 1-4. Activities: Headquarters and regions • As a result of the loss of accelerated cleanup program funding for FTE, regions should address the reduction in resources with the affected DoD component and renegotiate accelerated milestones, as needed. Page 26 Issue Area: Emergency Response and Prevention Exceptions-Based Change: Tracking of Oil Pollution Act (OPA) responses. OLEM's Office of Emergency Management has worked with the regions to develop a list of required information for tracking responses to oil discharges under the Clean Water Act as amended by the OPA. Activities: Headquarters o EPA will house response data related to oil discharges in the EPA On-Scene Coordinator website [EPAOSC.org] and report results annually. Regions Upon completing an OPA response action, enter the following required response information for discharges of oil into the database atEPAOSC.org: • Contaminant Name • Contaminant of Concern • Contaminant Source • Media Type • Media Name • Volume • FPN No. • Ceiling Amount • Well Plugging Activity [if any] Attachment II, Page 4 of 5 ------- Pages Issue Area: Brownfields and Land Revitalization 31-33 Exceptions-Based Change: Replace language outlining additional engagement with AWP grantees with manufacturing selected for desired end use. Less than 10 percent of AWP grantees have selected this end-use. The language below replaces the last bullet under the activity, "Award and manage the FY 2015 and FY 2017 Brownfields Area-Wide Planning (AWP) grants." Activities: Headquarters and regions • Continue to work together with AWP grantees to help them engage their communities and plan all end uses, and to assist them in securing implementation funding from relevant federal agency resources. Exceptions-Based Change: OLEM's Brownfields and Land Revitalization program plans to commence the Technical Assistance to Brownfields Communities (TAB) grant competition in FY 2016. The language below replaces the second bullet under activity, "Continue to support brownfields communities via Technical Assistance to Brownfields Communities (TAB) grants and other technical assistance programs." Activities: 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 2016. Attachment II, Page 5 of 5 ------- ENVIRONMENTAL PROTECTION AGENCY OFFICE OF LAND AND EMERGENCY MANAGEMENT FY 2017 NPM GUIDANCE ADDENDUM MEASURES APPENDIX Measure Text State Indicator Performance (Y/N) Measure (Y/N) FY2017 National Target 3.1 3.1 3.1 3.1 3.1 3.1 3.1 3.1 3.1 3.2 B29 B32 B33 B34 B37 SMS CH2 PC1 PCS HWO 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 PCB approvals issued under authorities other than 40 CFR 761 .61 (a) or (c). Number of hazardous waste facilities with new or updated controls. N N Y Y Y N N Y Y N Y Y N N N N N N N Y 1,400 130 5,500 7,000 1.1 700 460 180 20 115 Attachment III, Page 1 of 4 ------- ENVIRONMENTAL PROTECTION AGENCY OFFICE OF LAND AND EMERGENCY MANAGEMENT FY 2017 NPM GUIDANCE ADDENDUM MEASURES APPENDIX Measure Text State .ndicator Performance (Y/N) Measure FY2017 National Target 3.2 3.2 3.2 3.3 3.3 3.3 3.3 3.3 3.3 3.3 3.3 ST1 ST6 TR1 137 327A 328A C1 111 112 113 122 Reduce the number of confirmed releases at LIST facilities to five percent (5%) fewer than the prior year's target. Increase the percentage of LIST facilities that are in significant operational compliance with both release detection and release prevention requirements by 0.5% over the previous year's target. Number of tribes covered by an integrated waste management plan. Number of Superfund 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. Y Y N N Y Y Y Y N N N HU1MH Y Y N N N N N N Y Y N < 6,285 (UST releases) 71.5% 10 275 60% 60% 83% 12% 8,600 22 675 Attachment III, Page 2 of 4 ------- ENVIRONMENTAL PROTECTION AGENCY OFFICE OF LAND AND EMERGENCY MANAGEMENT FY 2017 NPM GUIDANCE ADDENDUM MEASURES APPENDIX 3.3 Measure Text 141 Number of Superfund construction completions. State .ndicator Performance (Y/N) Measure (Y/N) N N FY2017 National Target 13 3.3 S10 Number of Superfund sites ready for anticipated use site-wide. N N 45 3.3 151 Number of Superfund sites with human exposures under control. N N 3.3 152 Number of Superfund sites with contaminated groundwater migration under control. N N 13 3.3 FF1 Percent of Superfund federal facility sites construction complete. Y N 88% 3.3 CA1 Number of RCRA facilities with human exposures under control. N Y 94% 3.3 CA2 Number of RCRA facilities with migration of contaminated groundwater under control. N Y 88% 3.3 CA6 Cumulative percentage of RCRA facilities with corrective action performance standards attained. N Y 32% 5.1 OSRE -01 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. N N 99% 5.1 OSRE -02 Address all Statute of Limitations cases for Superfund sites with unaddressed total past costs equal to or greater than $500,000. N N 100% 5.1 HQ- VOL Volume of contaminated media addressed as a result of concluded CERCLA and RCRA corrective action enforcement actions. N N 200M CY Attachment III, Page 3 of 4 ------- ENVIRONMENTAL PROTECTION AGENCY OFFICE OF LAND AND EMERGENCY MANAGEMENT FY 2017 NPM GUIDANCE ADDENDUM MEASURES APPENDIX Measure Text State .ndicator Performance (Y/N) Measure (Y/N) FY2017 National Target New or Revised Measures 3.3 3.3 131 CAS Number of remedial action projects completed at Superfund sites. Revision: Removed the term "NPL" following Superfund in the measure text. This measure tracks both Superfund NPL sites and non-NPL Superfund Alternative Approach (SAA) sites Number of RCRA facilities with final remedies constructed. Revision: In order to further incentivize remedial efforts at large and complex operating corrective action facilities where not all contamination can be reached due to safety or physical limitations, in FY 2017, EPA will begin counting facilities who construct remedies in all reachable areas and defer a small portion of their final remedies in the CAS goal for a specified time period with required review criteria and schedule. N N N Y 105 69% Attachment III, Page 4 of 4 ------- |