OFFICE OF LAND AND
EMERGENCY MANAGEMENT
FY 2020-2021 National Program Guidance
June 1, 2019
Publication Number 500B19002
-------
Contents
SECTION I. INTRODUCTION 2
SECTION II. Strategic Plan Implementation 4
A. Implementing Long-Term Performance Goals 4
Making Additional Superfund Sites Ready for Anticipated Use (RAU) 4
Superfund Remedial 4
Superfund Federal Facilities Restoration and Reuse 7
Emergency Response and Removal 10
Making Additional Brownfields Sites RAU 11
Making Additional RCRA Corrective Action Facilities RAU 13
Protecting Communities through Permitting or other Controls 13
Cleaning Up Contaminated Sites and Promoting Reuse 15
Protecting Communities Through RCRA Regulatory and Guidance Actions 18
E-Manifest System 21
Completing Additional LUST Cleanups 23
B. Other Core Work 26
Chemical Accident Prevention 26
Oil Spill Prevention and Response 26
Tribal Support and Coordination 27
Environmental Justice 28
SECTION III. FLEXIBILITY AND GRANT PLANNING 30
OLEM FY 2020-2021 Grants Management Guidelines 30
Section IV. FY 2020 National Program Guidance Measures 32
SECTION V. KEY CONTACTS 34
APPENDICES 35
Appendix A: Explanation of Key Changes from FY 2018-2019 35
1
-------
SECTION I. INTRODUCTION
The Office of Land and Emergency Management (OLEM) is the national program manager for a variety
of land-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. Additional information concerning agency-wide practices, including
discussions with state, tribal and territorial partners to identify priorities1, and applicable requirements
critical to implementing EPA's environmental programs is described in the EPA's Overview to the
National Program Guidances (NPG).2
OLEM is engaged in several agencywide efforts to improve business practices. In 2017, EPA convened a
Superfund Task Force that identified 42 recommendations to streamline and improve the Superfund
process. EPA has implemented 43% of the recommendations and expects to finalize all the remaining
recommendations by July 2019. During fiscal years 2020-2021, OLEM will focus on institutionalizing and
advancing these practices to help communities clean up and revitalize once-productive properties.
More broadly, OLEM will continue to seek process improvements, eliminate waste and find efficiencies
across its programs through focused kaizen events and as part of the agencywide deployment of the
Environmental Lean Management System (ELMS).3
In recent months, EPA has partnered with other federal agencies, states, tribes, and local communities
to address per- and polyfluoroalkyl substances (PFAS); a group of potentially harmful man-made
chemicals that includes PFOA, PFOS, GenX, and many other chemicals. Demonstrating critical national
leadership, EPA has developed a PFAS Action Plan4 that utilizes a multi-faceted, cross-program approach
providing strategies to address this emerging environmental challenge. Under the plan, OLEM has
initiated the regulatory development process to propose designating PFOA and PFOS as hazardous
substances and is developing groundwater cleanup recommendations for PFOA and PFOS at
contaminated sites.
OLEM works together with the other EPA headquarters media program offices and with the ten EPA
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.
OLEM recognizes these challenges and strives to provide flexibility and support for regional strategies
that align with our shared priorities and goals.
1 In developing this guidance, OLEM carefully reviewed and considered the state, tribal, and territory priorities
identified through the Regional Administrator-led early engagement process.
2 For additional background, please refer to EPA's Overview to the FY2020-2021 National Program Manager's
(NPM) Guidances.
3 The EPA's Office of Continuous improyement coordinates agencywide implementation of the ELMS.
4 For additional information, please see EPA's Per:_and Polyflyoroalkvl Substances (PFAS) Action Plan.
2
-------
Further, delegated or authorized state and tribal agencies may raise specific activities for discussion with
the appropriate senior EPA regional manager(s) when developing their grant work plans. Regions are
encouraged to work with states where E-Enterprise strategies could streamline business processes and
develop shared services using joint governance to generate efficiencies. The appropriate OLEM Office
Director will be ready to assist should regional management wish to discuss state, tribal or local issues.5
5 For more information about seeking programmatic flexibility within Performance Partnership Grants, and the
benefits of these grants generally, please see EPA's Best Practices Guide for Performance Partnership Grants with
States.
3
-------
SECTION li. Strategic Plan implementation
A. Implementing Long-Term Performance Goais
Making Additional Superfund Sites Ready for Anticipated Use (RAU)
The Superfund program protects human health and the environment while strengthening and revitalizing
communities by returning formerly contaminated land to productive use. The program's long-term
performance goal in the FY 2018-2022 EPA Strategic Plan is to make 255 additional Superfund sites RAU
site-wide. This measure reflects the importance of considering future land use as part of the cleanup
process and promoting the reuse and restoration of Superfund sites. OLEM's Superfund Remedial,
Federal Facilities Restoration and Reuse and Emergency Response and Removal programs each
contribute toward this goal.
One of the agency's top priorities is accelerating progress on Superfund sites. As such, the agency
convened the Superfund Task Force to streamline and improve the Superfund process by working
toward improving and expediting site cleanups and promoting redevelopment. In FYs 2020-2021, the
program will focus on institutionalizing Superfund Task Force recommendations to accelerate site
cleanup and continue to make the program more effective and efficient. These core mission
responsibilities include engaging with state, local and tribal partners; and creating sensible regulations
that enhance economic growth.
Superfund Remedial
The Superfund Remedial program addresses many of the worst contaminated areas in the United States
by conducting assessment and investigation activities to determine which areas warrant cleanup. Once
it determines an area merits federal cleanup activity, the program implements actions based on sound
science and informed remedy decisions. Using either its non-time critical removal authority or its long-
term remedial authority, the program's actions can range from a few months for relatively
straightforward soil excavation or capping remedies to several decades for complex, large areawide
groundwater, sediment or mining remedies. The Remedial program also oversees response work
conducted by potentially responsible parties (PRPs) at National Priorities List (NPL) sites and at sites with
Superfund Alternative Agreements (SAA). By addressing the risks Superfund sites pose, the Superfund
Remedial program protects human health and the environment while strengthening and revitalizing
communities by returning formerly contaminated land to them for productive use.
Superfund Remedial program priorities in FY2020-2021 are to:
• Protect human health and the environment;
• Clean up sites to enable uses that support communities;
• Leverage resources to maximize and accelerate site cleanup;
• Develop an agile workforce skilled in project management, acquisition, construction oversight,
and adaptive management;
4
-------
• Leverage and integrate new technology to support program goals;
• Integrate EPA's Lean Management System (ELMS) into program management to streamline
business operations; and
• Strengthen partnerships and community engagement.
Headquarters and Regions
Protect Human Health and the Environment
• Incorporate new science and, as appropriate, address emerging contaminants, such as per-and
poly-fluoralkyl substances (PFAS), by supporting agencywide efforts to develop risk
assessment, management and communication tools for such contaminants, including the
development of in-situ remediation treatment options for emerging contaminants that present
off-site disposal challenges. In particular, assess nature and extent of PFAS contamination and
other contaminants of concern at NPL sites where these chemicals are most likely to be found
and work in coordination with others at EPA and other federal agencies to identify effective
remediation technologies for these contaminants.
• Accelerate site cleanup with a focus on achieving the Site-Wide Ready for Anticipated Use
(SWRAU) milestone and NPL site deletions or partial deletions to support reuse.
• Expeditiously respond to sites where human exposure is not under control or there are
insufficient data to make a control determination.
• Identify issues and/or obstacles for sites with project durations that are twice the national
average and develop strategies to decrease those durations and accelerate site cleanup.
• Promote the application of adaptive management, optimization and early actions at complex
sites.
• Ensure remedy protectiveness through effective and consistent of implementation of the five-
year review process.
• Develop nationally consistent approaches for addressing lead and trichloroethylene (TCE)
exposure.
Clean up Sites to Enable Uses that Support Communities
• Identify site redevelopment opportunities early in the Superfund process and strive to achieve
faster cleanups through the application of best practices within regional Superfund programs.
• Encourage innovation throughout the cleanup process to bring sites into productive reuse.
• Support the goals of EPA's strategic measures by building SWRAU process capacity among
Remedial Project Managers (RPMs) throughout the program.
• Work with key stakeholders on good Samaritan mining-related demonstration projects.
• Leverage cross-program land revitalization expertise.
Leverage Resources to Maximize and Accelerate Site Cleanup
• Coordinate with the Office of Site Remediation Enforcement on enforcement and financial
assurance efforts, such as: maintaining focused enforcement efforts to compel PRP
participation earlier in the response process; holding parties accountable to timeframes and
commitments; identifying responsible parties earlier in the process; looking for opportunities
to reduce the level of oversight for cooperating PRPs remediating contaminated sites; and
encouraging private investment.
5
-------
• Include in settlements the retention and use of payments in special accounts, when
appropriate, and maximize their use to conserve appropriated resources.
• Utilize:
o A range of approaches for financing site cleanups, including alternative and non-
traditional approaches; and
o Project management practices, such as creating both cost and schedule baselines, to
ensure timely project completion.
• Optimize data collection and statistical analysis efforts to integrate cross-program data
collection and analysis efforts to inform site characterization, cleanup decisions and
implementation, and to reduce operation and maintenance uncertainties.
• Identify work-sharing opportunities across regions and headquarters to achieve common
Superfund remedial goals and to create efficiencies.
Workforce Deployment
• Train program staff to:
o Effectively utilize EPA-placed contracts under the Remedial Acquisition Framework
(RAF); and
o Apply the latest tools and technology, program management techniques, lean six
sigma, and other means to streamline cleanups and effectively communicate with
stakeholders.
• Develop national expertise/support for construction project cost estimating and oversight.
• Conduct a skill-gap analysis to identify both workforce needs and additional training
opportunities; upon completing the analysis, develop an action plan to fill the gaps.
Leverage and Integrate New Technology
• Advance and support tools to improve conceptual site models to help RPMs make decisions.
• Identify, assess and apply remedial technologies for site cleanup, especially for mining,
sediment, groundwater and other complex sites.
• Expand use of field data collection and assimilation technology to support decision-making.
• Develop tools for RPMs to implement best practices, including scoping and targeted technical
reviews, and to utilize innovative and state-of-the-art technologies to expedite cleanup.
• Expand use of E-tools for records management and contract administration.
Integrate ELMS into Program Management to Streamline Business Operations
• Deploy ELMS training to all program staff and managers.
• Identify opportunities to apply lean principles to processes needing improvement.
• Utilize visual management tools, such as performance and process flow boards, to monitor
process improvement progress and program priorities.
Strengthen Partnerships and Community Engagement
• Facilitate cross-program collaboration, and continue to closely partner with states, tribes, and
local governments to ensure protective and efficient NPL site cleanups.
6
-------
• Continue to foster strong partnerships with states, tribes, local governments, and other federal
agencies on site assessment, risk assessment, remedial responses, community engagement
and revitalization.
• Provide for meaningful community involvement through the Superfund remedial and non-time
critical response processes at NPL sites and cultivate those contacts for coordination of future
reuse/redevelopment opportunities.
• Collaborate with states, tribes, local governments, residents and business groups to enable the
integration of site management decisions into long-term community plans for economic
growth and reuse. Work with these stakeholders to improve implementation of institutional
controls.
• Explore ways to increase web-based public NPL and SAA site data access and make information
on NPL sites more accessible to communities and stakeholders.
• Develop and deploy training and tools for clear risk communication.
• Collaborate with cross-program land revitalization offices to support community site reuse
visioning/planning.
States and Tribes
• Collaborate and coordinate with OLEM on program implementation plans or activities to
achieve environmental goals, as appropriate.
Measures: The following NPG measures support this program: 115, 141, 151, 152, 170, and S10.
These measures can be found in Section IV, FY 2020 National Program Guidance Measures, on page
31. Goals and measures for the Superfund Federal Facilities Response program are a component of
the Superfund Remedial program's measures.
Superfund Federal Facilities Restoration and Reuse
OLEM's Superfund Federal Facilities Restoration and Reuse program oversees and provides technical
assistance for the protective and efficient cleanup and reuse of federal facility sites pursuant to CERCLA
Section 120 and as mandated by Congress. Program responsibilities include: 1) inventory and assess
potentially contaminated sites; 2) implement protective remedies; 3) facilitate transfer and reuse of
property; and 4) ensure ongoing protectiveness of completed cleanups. A program goal is to make
federal facility Superfund sites RAU site-wide and to promote the reuse and restoration of these sites.
The program has a close partnership with states, as co-regulators, to ensure progress and protective
cleanup solutions at federal facility National Priorities List (NPL) sites. The program also works closely
with the other federal agencies (OFAs) to assure efficient use of resources at these NPL sites. The
federal facility NPL sites are among the largest in the Superfund program accounting for a large
percentage of the annual program cleanup commitments and encompass some of the most dangerous
and unique environmental contaminants including munitions, radiological waste and emerging
contaminants such as per-and polyfluoralkyl substances (PFAS). To ensure efficiencies and consistent
approaches to cleanups, the program also collaborates with OFAs, states, and tribes on national
guidance and policy.
7
-------
Headquarters and Regions
Ensure protective remedies
• Oversee and provide technical assistance for the protective and efficient cleanups through
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).
• Prioritize the highest risk sites and focus on activities that bring human exposure and
groundwater migration under control.
• Strengthen oversight and provide technical assistance, as appropriate, at Department of
Defense (DoD) military munitions response sites on the NPL or of national significance.
Streamline business processes
• Prioritize resources to focus on remedial actions and construction completions to accelerate
Site-Wide Ready for Anticipated Reuse (SWRAU) determinations and deletions.
• Work collaboratively with OFAs, state, local and tribal partners to encourage reuse of the sites.
• Collaborate cleanup goals to transfer federal property for reuse or restore the property for
beneficial use that supports the core mission of the OFAs.
• Simplify the Operating Properly and Successfully (OPS) review process to expedite the transfer
of federal property for redevelopment.
Headquarters
Ensure protective remedies
• Provide direction and technical guidance to support project managers and site personnel on
emerging issues such as PFAS and through resources such as the FFRRO Technical Fact Sheets.
• Promote Five-Year Review writer and reviewer training tools to improve technically accurate
and timely reviews that meet statutory deadlines.
• Work with DoD on proposed updates to the Munitions and Explosives of Concern Hazard
Assessment (MEC HA) tool and consider the need to convene a technical working group to
address the updates.
Partnerships
• Enhance engagement with OFAs and states by having regularly-scheduled meetings that focus
on targeting and resolving critical programmatic issues, emphasizing protective cleanups, and
recognizing site reuse opportunities and successes. EPA, OFAs, and states have committed to
early meeting planning and focusing on issues with a problem-solving and action-oriented
approach, as part of a Superfund Task Force recommendation.
• Continue to coordinate with national organizations such as The Association of State and
Territorial Solid Waste Management Officials (ASTSWMO) which promotes and enhances state
and territory involvement in the cleanup and reuse of contaminated federal facilities and
facilitates information exchange by and between states, territories, and federal agencies. This
includes identifying and researching emerging issues related to state and federal cleanup
programs at federal facilities; producing and disseminating resource documents, tools, and
working with EPA, DoD, and OFAs on a variety of federal facilities issues and forums.
8
-------
• Provide technical assistance to communities by issuing Technical Assistance Grants (TAGs), as
resources allow.
• Coordinate with OFAs on the Federal Mining Dialogue (FMD). The FMD is a cooperative initiative
among federal environmental and land management agencies that provide a national-level
forum for federal agencies to identify and discuss lessons learned and technical mining impact
issues associated with the cleanup and reuse of abandoned and inactive hard rock mine and
mineral processing sites across the country.
• Chair and participate in the Intergovernmental Data Quality Task Force (IDQTF) with DoD and
DOE. The IDQTF works to ensure that environmental data are of known and documented quality
and suitable for the intended use.
Streamline business processes
• Develop an online document submittal system (ePortal) through E-Enterprise for the
Environment. As part of EPA's statutory requirements, the program maintains the Federal
Facility Hazardous Waste Compliance Docket (Docket) which is a list of facilities that manage
hazardous waste or from which hazardous substances, pollutants or contaminants have been or
may be released. As such, federal agencies are required to submit Site Assessment Reports
when they have a facility on the Docket. ePortal is being developed for EPA, OFAs, states and
tribes to more efficiently submit, track, organize and view these reports.
• Provide a Federal Facility Remedial Project Manager (RPM) training program to improve the skill
set necessary for project managers from various federal, state, and tribal agencies to effectively
manage the cleanup of federal facility superfund sites, strengthen relationships across agencies,
and increase understanding of regulations and policies.
• Utilize a set of tools and a policy to reinforce adherence to informal and formal dispute
timelines in Federal Facility Agreements (FFAs) at NPL federal facility sites as part of a Superfund
Task Force recommendation. The tools include an informal dispute tracking spreadsheet, which
will supplement existing EPA Headquarters tracking of formal disputes, and an audit tool that
captures postponed cleanup milestones. The policy, which is framed as a set of principles,
outlines key themes for FFA parties, including the states, OFAs, and EPA, to reinforce adherence
to FFA dispute timelines.
• Improve and expand the FEDFacts website. FEDFacts serves as a public-facing online tool that
features over 2,300 federal agency Docket sites.
• 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.
States and Tribes
• Collaborate and coordinate with OLEM on program implementation plans or activities to
achieve environmental goals, as appropriate.
Measures: The Superfund Federal Facilities Response and Reuse program contributes to the following
overall Superfund NPG measures in BFS: 122, 131, 141, 151,152 and S10. The program also tracks
9
-------
measure FF1, "Percent Construction Complete." This Percent Construction Complete measure provides
a more detailed view of site cleanup progress at federal facility sites on the NPL. These measures can be
found in Section IV, FY 2020 National Program Guidance Measures, on page 31.
Emergency Response and Removal
The Superfund Emergency Response and Removal program's priority is to eliminate immediate threats
to the public and the environment with an emphasis on emergency actions. Resources ensure that
releases of hazardous substances, pollutants and contaminants, including chemical, biological, and
radiological agents, to the environment are quickly addressed through either a federal lead action or by
providing technical support and oversight to state, local, tribal, other federal responders, and PRPs.
Headquarters and Regions
• Support interagency work with the National Response Team and Regional Response Teams as
well as state, tribal and local partners. This work includes participation in drills and exercises and
the development of guidance and other materials such as After-Action Reports following
significant disaster responses. This coordination will enhance future emergency activities for an
efficient response.
Headquarters
• Support the agency's Continuity of Operations Plan (COOP). This includes COOP deployment,
devolution, and activation of Emergency Relocation Group personnel to the COOP site with
limited staffing and without access to the full range of resources available during normal
activities. This ensures that agency continuity plans meet Department of Homeland Security
(DHS)/Federal Emergency Management Agency (FEMA) requirements.
Regions
• Ensure through Superfund removal actions that the most serious public health and
environmental threats including emergency responses are addressed quickly. These releases
pose an imminent threat to human health, welfare, and the environment, potentially affecting
both communities and the surrounding environments.
States and Tribes
• Collaborate and coordinate with OLEM on program implementation plans or activities to
achieve environmental goals, as appropriate.
Measures: The NPG measure 137 supports this program and it can be found in Section IV, FY 2020
National Program Guidance Measures, on page 31.
10
-------
Making Additional Brownfields Sites RAU
The EPA's Brownfields and Land Revitalization program emphasizes environmental and public health
protection in a manner that stimulates economic development and job creation. The program
supports these efforts by awarding cooperative agreements and providing technical assistance to
states, tribes, local communities, and other stakeholders to work together to plan, inventory, assess,
safely cleanup, and reuse brownfields. The FY 2018-2022 long-term performance goal for the
Brownfields program is to make 3,240 additional brownfields sites RAU.
Headquarters and Regions
Technical Assistance and Land Revitalization Program Support
• Provide technical assistance to states, tribes, and local communities in the form of research,
training and technical assistance.
• Provide limited support to communities as part of the EPA's Land Revitalization program
which works with communities in their efforts to restore contaminated lands into
sustainable community assets.
Continued collaboration with State, Tribal and Local Partners
• Continue to developguidance and tools that clarify potential environmental cleanup
liabilities, thereby providing greater certainty for parties seeking to reuse brownfields
properties.
• Provide direct support to parties seeking to reuse contaminated properties to facilitate
transactions.
Implementation of the Build Act
• Develop guidance and outreach materials alerting communities to changes in the Brownfields
program resulting from the 2018 BUILD Act. Implement the newly established Multipurpose
Grant Program, and the Small Technical Assistance Grant Program for small and disadvantaged
communities.
Compete and Award New Cooperative Agreements
• Develop and manage annual competitions for six distinct cooperative agreement programs.
• Develop and manage annual non-competitive cooperative agreement program.
Oversight and Management of Existing Cooperative Agreements
• Continue the federal fiduciary responsibility of managing approximately 900 existing
brownfields cooperative agreements.
• Provide oversight to existing grantees.
Accomplishment Tracking through the Assessment, Cleanup and Redevelopment Exchange System
(ACRES)
• Support the maintenance of the ACRES online grantee reporting tool, enabling grantees to
track accomplishments and report on the number of sites assessed and cleaned up, and the
amount of dollars and jobs leveraged with brownfields grants.
11
-------
States and Tribes
• Collaborate and coordinate with OLEM on program implementation plans or activities to
achieve environmental goals, as appropriate.
Measures: The following NPG measures support this program: B29, B30, B32, B33, B34 and B37. These
measures can be found in Section IV, FY 2020 National Program Guidance Measures, on pages 31-32.
12
-------
Making Additional RCRA Corrective Action Facilities RAU
The EPA's Resource Conservation and Recovery (RCRA) program emphasizes environmental and
public health protection in a manner that supports economic development and job creation. The
program supports the long-term performance goal by implementing a protective cradle-to-grave
system for the management of hazardous wastes. In doing so, the program ensures the safe
generation, transportation, storage, treatment, disposal and clean up of toxic and harmful
constituents in hazardous wastes. EPA works closely with delegated state programs to ensure proper
management and cleanup, which results in reduced liability and economic opportunities for industry
and businesses.
One of the key indicators of the program's success is the number of additional RCRA facilities
determined to be RAU. EPA tracks this indicator through its FY 2018-2022 long-term performance
goal to make 536 additional RCRA hazardous waste management facilities RAU. RCRA corrective
action supports the goal by ensuring that RCRA facilities clean up hazardous releases into soil,
groundwater, surface water, and air. The comprehensive RCRA cradle-to-grave regulations and
cleanup requirements prevent additional contamination and provide opportunities for facilities ready
for anticipated use to expand or put land into new productive uses.
Protecting Communities through Permitting or other Controls
The RCRA and TSCA polychlorinated biphenyl (PCB) permitting and approval programs protect people
and ecosystems from exposure to dangerous wastes and chemicals. EPA primarily provides support to
states and other stakeholders to develop and implement solid and hazardous waste management
programs. EPA directly implements the PCB approval program. Both the RCRA and TSCA PCB permitting
and approval programs are subject to the agency's strategic plan measure to reach all commercial
permitting decisions within six months. The agency also uses annual performance goals to track
performance of the permitting programs.
Headquarters
• Support Objective 3.4 in the FY 2018-2022 EPA Strategic Plan to issue permits more quickly and
modernize our permitting and reporting systems.
• Oversee and support progress toward preventing releases at hazardous waste management and
PCB management facilities with initial approved controls or updated controls through targeted
technical/programmatic assistance and coordination activities.
• Oversee and support progress toward ensuring permitted facilities have updated permits
through permit renewals and the permit conditions are maintained as needed through
modifications.
• Facilitate progress toward ensuring that initial control baseline units will be permitted, clean-
closed or have other approved controls in place.
• Track program performance through established measures for RCRA and PCB permitting.
• Engage with our regional and state partners on high priority issues that arise during the
permitting process.
13
-------
• Maintain and improve functionality in RCRAInfo to capture information in this key program area,
including for RCRA permit modifications and financial assurance tracking.
• Support a collaborative headquarters, regional, and state effort to maintain and improve data
accuracy and completeness of data in RCRAInfo to ensure effective management of both the
RCRA and PCB permitting programs, including financial assurance.
• Support upcoming collaborative efforts to develop best practices, guidance, or other
deliverables to improve RCRA and PCB financial assurance program management.
• Explore ways to better manage certain explosive and energetic wastes and reduce
contamination from open burning and open detonation operations. This includes assessing
alternative technologies and evaluating environmental contamination at open burning/open
detonation sites.
• Gather national incident data at both RCRA and TSCA PCB treatment, storage, and disposal
facilities.
• Provide limited technical support to regions and states for high priority work to support state
authorization for new RCRA Subtitle C rules so they can be addressed in permits and other
implementation mechanisms.
• Work with National Authorization Workgroup and states on program to reduce burden for state
authorization process.
• Lead workgroup/effort to support revisions to the allocation formula for the RCRA Hazardous
Waste State Grant.
• Issue protective, timely PCB approvals for PCB disposal activities that affect more than one
region, such as mobile treatment units. This subset of PCB approvals is issued by EPA
headquarters, while the majority of approvals are issued by the regions.
• Streamline the application and approval process for thermal and non-thermal PCB treatment
technologies by issuing the PCB Applicant's Guidance in FY 2020.
• Complete rulemaking to maintain PCB regulations, including amending PCB extraction
regulations.
Regions
• Support Objective 3.4 in the FY 2018-2022 EPA Strategic Plan to issue permits more quickly,
while maintaining or improving the protectiveness of permits.
• Issue and maintain PCB approvals for waste facilities as appropriate to meet the program's
permitting measure goals.
• Engage with headquarters to identify, prioritize, and resolve high-priority issues in the PCB
approval program.
• Ensure all RCRAInfo mandatory data elements for the PCB approval database are maintained.
• Forward incident reports from PCB-approved storage and disposal facilities to
ORCRIncidentTracking@epa.gov.
• Safeguard hard-copy financial instruments using best practices, including storage in a fireproof
safe.
Regions and States
• Support Objective 3.4 in the FY 2018-2022 EPA Strategic Plan to issue permits more quickly,
while maintaining or improving the protectiveness of permits.
14
-------
• Issue (or deny, as appropriate) and maintain RCRA permits and other approved controls, for
waste facilities, to meet the program's permitting goals.
• Track and facilitate permitting progress for RCRA interim status and operating facilities.
• Engage with our regional and state partners on high priority issues that arise during the
permitting process.
• Communicate and support RCRA training for regional and state staff.
• Ensure all RCRAInfo mandatory data elements are maintained within negotiated timeframes for
permitting and financial assurance. Specifically, keep the following data elements updated that
support BFS measures: permit determinations, permit expiration dates, permit mod approvals,
and legal & operating status codes.
• Forward incident reports from RCRA treatment, storage, and disposal facilities to
ORCRIncidentTracking@epa.gov. Incident reports, written by the facility and submitted to
regulators, are required when the contingency plan is triggered, which is "...whenever there is a
fire, explosion, or release of hazardous waste or hazardous waste constituents which could
threaten human health or the environment" (40 CFR 264.51(b)).
• Safeguard hard-copy financial instruments using best practices, including storage in a fireproof
safe.
• Facilitate state adoption and authorization for RCRA regulations to reduce need for joint
permitting between EPA regional offices and states. This includes, for example, RCRA air
emissions and corrective action regulations.
Tribes
• Collaborate and coordinate with OLEM on program implementation plans or activities to
achieve environmental goals, as appropriate.
Measures: The NPG measures supporting this program are PCI, PC3, HW4, and HW5. These measures
can be found in Section IV, FY 2020 National Program Guidance Measures, on page 32. In addition, the
program tracks the non-commitment indicators HW2 and HW3.
Cleaning Up Contaminated Sites and Promoting Reuse
The RCRA corrective action and TSCA polychlorinated biphenyl (PCB) programs are responsible for
ensuring that contamination at facilities is identified and cleaned up by the responsible party (owner or
operator) effectively and quickly to reduce risk from exposure to toxics, return contaminated property
to productive use, and ensure that cleanup costs are not transferred to the largely taxpayer-funded
Superfund cleanup program. The EPA and its state partners work closely together to facilitate cleanups,
ensure that future use is protective of human health and the environment, and encourage reuse and
redevelopment.
15
-------
Headquarters
• Oversee the national RCRA Corrective Action and PCB cleanup programs to oversee responsible
party cleanup of contamination at facilities to protect human health and the environment and
to facilitate reuse and redevelopment.
• In partnership with the regions, manage the cleanup programs by developing and implementing
performance measures, tracking, and adjusting targets, workload, and resources to maximize
progress on cleanups.
• Provide leadership and facilitate communication and collaboration across both RCRA and PCB
cleanup programs with regions and states to ensure national consistency, protectiveness,
effective program management, effective oversight of responsible party cleanup activity,
training and technical support for program staff.
• Collaborate with the regions to ensure that priority issues of emerging science are addressed
appropriately and consistently in the RCRA and PCB cleanup programs. We will distribute new
scientific information, implement new policies and procedures, and provide technical assistance
and training, as resources allow.
• For the PCB program, manage an effective and efficient nationwide cleanup program and issue
approvals for high priority PCB cleanup activities in multiple regions. OLEM will collaborate with
regions and states to develop and maintain staff program and technical expertise.
Headquarters and Regions
• For RCRA Corrective Action, lead and collaborate with states to achieve progress toward the FY
2018-2022 long-term performance goal of making 536 additional RCRA Corrective Action
facilities RAU. EPA will develop and lead collaborative implementation with the states of
strategies to achieve the RAU Goal.
• Lead and collaborate with states to achieve RCRA cleanup targets for the Corrective Action
measures of: 1) human exposures under control, 2) migration of contaminated groundwater
under control, 3) remedy construction, and 4) cleanup complete.
• Through FY 2020, lead implementation of the RCRA Corrective Action program toward the 2020
performance goals for 2020 baseline facilities.
• Lead the program in assessing the universe of facilities subject to RCRA Corrective Action and
identifying new goals for assessment and cleanup of contamination at additional facilities, as
appropriate and resources allow.
• Develop and implement approaches for high priority actions to overcome barriers to cleanup
progress, such as complex technical groundwater issues, complex federal facility cleanups, and
issues requiring strategic enforcement.6
• Lead and support implementation, as appropriate, of Lean tools developed to improve and
speed cleanups, including RCRA FIRST (Facility Investigation Remedy Selection Track) and PCB
FAST (Facility Approval Streamlining Toolbox).
• Lead implementation of Long Term Stewardship approaches identified through collaboration
with states for future protection of human health and the environment where contamination
remains in place at RCRA Corrective Action cleanups.
6 NESCA, the National Enforcement Strategy for Corrective Action can be found at
http://www2.ep3.Eov/sites/prodyction/files/docyments/nesca--strategy:riiem.j3df
16
-------
• Facilitate mechanisms for collaboration across the programs to identify barriers, share best
management practices, and resolve issues toward completing high priority cleanups.
• Implement oversight at priority RCRA Corrective Action actions in states that are not authorized
and on tribal lands. EPA will implement priority aspects of the PCB cleanup program, which is
not delegated to states. EPA will continue coordination of TSCA PCB cleanups with RCRA,
Superfund and state cleanups.
Regions and States
• Collaborate to achieve progress toward the FY 2018-2022 long-term performance goal of
making 536 additional RCRA Corrective Action facilities RAU. EPA regional offices and states will
collaboratively implement strategies identified to achieve the RAU Goal.
• Collaborate to achieve RCRA cleanup targets for the Corrective Action performance measures
of: 1) human exposures under control, 2) migration of contaminated groundwater under
control, 3) remedy construction, and 4) cleanup complete.
• Collaborate in implementing the national RCRA Corrective Action program to clean up
contamination at RCRA facilities. EPA regional offices will work with states to authorize state
programs or utilize work-share agreements to facilitate state-lead implementation.
• Regions will provide leadership and facilitate collaboration with states in the region to ensure
regional consistency, support states in developing and maintaining technical and program
expertise, provide expert technical assistance to support states implementing effective and
efficient cleanups, and support states in effective and efficient program management,
measurement and tracking, and recordkeeping.
• Conduct effective data collection and management; report and document mandatory nationally-
required data elements, including cleanup milestones and RAU (i.e., FY 2018-2022 EPA long-
term performance goal).
• As appropriate, implement process efficiency tools developed using Lean to improve and speed
up cleanups (including RCRA FIRST and PCB FAST).
• Regions will collaborate with states to ensure that issues of emerging science are addressed
appropriately and consistently in the RCRA and PCB cleanup programs.
• In FY 2020, regions will engage states in maximizing progress toward the near-term FY 2020
performance goals, in assessing the universe of facilities subject to RCRA Corrective Action, and
in identifying new goals for assessment and cleanup of contamination at additional facilities as
appropriate and resources allow.
• Regions will review and issue PCB cleanup/disposal approvals as required under 40 CFR Part
761, addressing technical issues with applicants and coordinating with states.
Tribes
• Collaborate and coordinate with OLEM on program implementation plans or activities to
achieve environmental goals, as appropriate.
Measures: The NPG measures supporting this program are CA1RC, CA2, CA5, CA6, RSRAU, PCI and PC3.
BFS measure code CA5 was changed to CA5RC beginning in FY 2019 to report numbers rather than
17
-------
percentages. These measures can be found in Section IV, FY 2020 National Program Guidance
Measures, on page 32.
Protecting Communities Through RCRA Regulatory and Guidance Actions
Although the EPA has a comprehensive regulatory framework in place to prevent exposures to
contaminants from municipal solid waste 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
further 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 fiscal years 2020-2021, EPA, through OLEM and the Office of Resource Conservation and Recovery
(ORCR), will develop and implement key high priority rules and guidances to advance RCRA's
environmental objectives. ORCR will continue to coordinate with other headquarters offices (e.g., OECA
and OGC), as appropriate. ORCR will implement, working with our state and tribal partners, the Coal
Combustion Residuals- (CCR) related provisions of the 2016 Water Infrastructure Improvements for the
Nation Act (WIIN Act). Regions also have an important role in the development and implementation of
rules, guidances, and the WIIN Act.
In FY 2020, EPA, through OLEM will continue to implement the hazardous waste import/export notice
and consent program. EPA headquarters, working with the regions and other governments, as
appropriate, will focus on streamlining and improving the process and will plan for and develop
improvements to the Waste Import/Export Tracking System (WIETS).
Headquarters
• Lead national rulemaking and guidance development efforts for priority work.
• Explore and document methods for engaging communities during the regulation and guidance
development process.
• Integrate Environmental Justice (EJ) principles into its programmatic and regional decision-
making using rulemaking, policy, screening and legal tools.
• After regulations are promulgated or guidance issued, OLEM will provide limited guidance,
national direction and training, as appropriate and resources allow.
• Serve as the U.S. competent authority for hazardous waste imports and exports; improve
efficiency of the process and develop improvements to the WIETS system.
Regions, States and Tribes
• Provide comments during the rule and guidance development process, that reflect insights
developed from implementation experience.
• Provide direct rule implementation if that authority is granted by the rulemaking or new
18
-------
statutory authority (specifically under the WIIN Act, EPA implements the CCR permit program on
tribal lands).
• After rule promulgation, regions, working with OLEM as appropriate, should provide technical
assistance to both state implementers and the regulated community, including direct assistance
and training.
• Work closely with our state partners to ensure the CCR-related provisions of the WIIN Act are
appropriately implemented by states.
• Make state authorization for new (and certain existing) RCRA regulations a priority; regions
should also make approval of state CCR permit programs a priority. During these processes,
regions should raise any technical and authorization process issues to headquarters for a
prompt response.
• Review hazardous waste import notices and provide recommendations for consent or objection
in accord with established timeframes. Work with headquarters on improving efficiency and
responsiveness of the notice and consent process.
Implementing Recent Final Rules
Headquarters
• In FY 2020, OLEM will perform limited priority outreach, training, and assistance to states
implementing substantive final RCRA rules promulgated since FY 2015 (e.g., Pharmaceuticals,
Airbag Interim Final Rule, Non-Hazardous Secondary Materials, or NHSM; Definition of Solid
Waste, or DSW; Hazardous Waste Generator Improvements; Import/Export Revision).
• Substantive changes to the RCRA regulations require greater assistance to states, who are
ultimately responsible for implementing most RCRA regulations. This process can take 2-3 years
depending on effective dates and whether state adoption requires state legislative changes.
Regions
In FY 2020, EPA regional offices will be involved in implementing, and/or assisting states in adopting and
implementing, recently promulgated final RCRA rules:
• Assist OLEM in identifying and resolving issues related to the Import/Export requirements;
• Support OLEM in helping states to adopt the revisions to, and seek guidance on implementing,
the DSW final rule including working with states on additional activities designed to improve and
increase hazardous secondary material recycling;
• Support OLEM in responding to petitions submitted for categorical non-waste determinations
under the NHSM rule, either by direct response or by working with OLEM on any multi-regional
response;
• Support OLEM in assisting states to adopt the revisions to, and seek guidance on implementing,
the Generator Improvements final rule including working closely with their generator and
transporter communities on e-manifest implementation.
• Support OLEM in assisting states to adopt the revisions to, and seek guidance on implementing,
the Pharmaceuticals Final Rule and the Airbag Interim Final Rule.
• Continue participating on workgroups, timely raising issues to HQ for resolution, and
participating in the development and implementation of rules and guidances.
19
-------
States and Tribes
• Collaborate and coordinate with OLEM on program implementation plans or activities to
achieve environmental goals, as appropriate.
Implementation of the WIIN Act/ CCR Disposal Rule
Headquarters
• In FY 2020, OLEM working with tribes, states and regions, will develop needed guidance and
tools to implement the WIIN Act. In December 2016, Congress passed, and the President
signed, the WIIN Act, which:
o Provides states the ability to develop CCR permit programs and submit them to the EPA
for approval;
o Requires EPA to implement a permit program on Indian lands; and
o Enables EPA to use its information gathering and enforcement authorities.
• In FY 2020, OLEM will continue to be engaged in extensive outreach and interaction with the
regions, states and tribes on implementing the 2015 CCR final rule.
• In FY 2020, EPA will likely finalize regulation(s) in response to the WIIN Act and to legal
challenges to the 2015 and 2018 CCR final rules.
Regions
• Provide comments during the CCR rule and CCR permit program approval guidance
development process, that reflect insights developed from implementation experience.
• In FY 2020, the regions will support OLEM in review and approval of state CCR permit programs.
• In FY 2020, the regions will support OLEM on implementing the CCR final rule through oversight
and monitoring facility compliance activities at CCR disposal sites.
States and Tribes
• Collaborate and coordinate with OLEM on program implementation plans or activities to
achieve environmental goals, as appropriate.
CERCLA Section 108(b) Financial Responsibility
Headquarters
• Section 108(b) of the Comprehensive Environmental Response, Compensation, and Liability Act
(CERCLA), also known as Superfund, directs EPA to develop regulations requiring classes of
facilities to maintain financial responsibility for risks from releases of hazardous substances.
• In January of 2018, based on a 2017 proposed rule and public comments on that proposal, EPA
decided not to issue final regulations applicable to the hardrock mining industry because EPA
determined that requirements are not appropriate.
• Under a series of court-ordered deadlines through 2024, EPA will conduct rulemaking to address
financial responsibility under CERCLA for classes of facilities in three identified industries:
Electric Power Generation, Transmission, and Distribution (NAICS 2211), Petroleum and Coal
Products Manufacturing (NAICS 324), and Chemical Manufacturing (NAICS 325).
20
-------
Regions. States and Tribes
• Collaborate and coordinate with OLEM on program implementation plans or activities to
achieve environmental goals, as appropriate.
E-Manifest System
On October 5, 2012, the President signed the Hazardous Waste Electronic Manifest Establishment Act
authorizing a fee-funded electronic reporting program for entities transporting hazardous wastes that
are regulated pursuant to the Resource Conservation and Recovery Act (RCRA). On June 30, 2018, e-
Manifest deployed with the functionality to submit, edit, and sign manifests through a web application
and through a system-to-system data exchange. This effort to streamline and modernize environmental
protection remains a flagship project in the state/EPA E-Enterprise initiative. The e-Manifest team will
continue to enhance system functionality by working alongside industry, states, and other stakeholders.
E-Manifest impacts states' manifest programs. All manifests are now sent to EPA and the states, in turn,
access manifest data via the e-Manifest system. States must adopt and become authorized for e-
Manifest final regulations to retain enforcement authority for their manifest programs.
Headquarters
• Work toward greater adoption of fully electronic manifests including clarification of Cross-Media
Electronic Reporting Rule (CROMERR) requirements in coordination with OECA and OEI.
• Prepare stakeholders to cease mail-in paper manifests by June 30, 2021.
• Collect user fees through timely invoicing and payment via e-Manifest. Establish new user fee
schedule by July 1 of each odd-numbered year.
• Enhance e-Manifest system functionality, including extensive system testing and frequent
outreach to both industry and state users of the system to ensure functionality meets end user
needs.
• Continue engagement with EPA regions, states, industry, and other stakeholders through
sustained outreach and multiple communication activities.
• Complete new rulemaking to incorporate export manifests and make other amendments to
manifest regulations to more fully utilize e-Manifest.
• Convene the e-Manifest Advisory Board annually to obtain the Board's recommendations and
advice on the implementation and functionality of the e-Manifest system.
• Work with states to enable access to e-Manifest data, specifically via the web application or
through EPA's application programming interface (API).
• Continue to address user questions on e-Manifest for example, via email, webinars, FAQs, Fact
Sheets, and other vehicles.
Regions
• Serve as regional points-of contact for states and industry on e-Manifest program. Assist with e-
Manifest implementation and communication and raise issues to EPA headquarters.
21
-------
• Work in collaboration with states as applicable, and with industry to facilitate user registration,
use of electronic manifests, and timely payment by receiving facilities.
• Assist states with authorization for e-Manifest rulemakings.
States
• Set up state access to e-Manifest data, such as through the RCRAInfo web application and/or API
and data services.
• Engage in e-Manifest communications, such as webinars and meetings.
• Expand state testing pool to include policy experts to test e-Manifest workflows, user interface,
and data quality.
• Engage with generators, transporters, and receiving facilities to encourage user registration for
e-Manifest and use of electronic manifests. Raise issues to EPA regional points-of contact.
• Adopt and become authorized for e-Manifest rulemakings (e.g., Uniform Hazardous Waste
Manifest Rule, One Year Rule, and User Fee Rule).
• Assist in maintaining list of state-regulated wastes in RCRAInfo and e-Manifest. Assist with
communicating e-Manifest to state-only regulated industry stakeholders.
Tribes
• Collaborate and coordinate with OLEM on program implementation plans or activities to
achieve environmental goals, as appropriate.
22
-------
Completing Additional LUST Cleanups
The Underground Storage Tank program consists of two parts: The prevention program (referred to
here as the UST program) that works to prevent releases, and the cleanup program (referred to here
as the LUST program) that works to clean up the contamination from leaks that do occur. Releases of
petroleum from underground storage tanks can contaminate groundwater, the drinking water source
for many Americans. The program has targeted a long-term performance goal in the FY 2018-2022
EPA Strategic Plan of completing 56,000 additional LUST cleanups.
The UST program helps prevent releases by providing states7 and tribes with training, technical
assistance and guidance. The EPA is primarily responsible for implementing the UST program in Indian
country in partnership with tribes. In Indian country, EPA provides compliance assistance, performs
inspections, and takes resulting enforcement actions to address violations. With few exceptions,
tribes do not have independent UST program resources.
The LUST program ensures that petroleum contamination is properly assessed and cleaned up. The
EPA issues, monitors and oversees leaking underground storage tank cleanup cooperative
agreements to states and tribes. The EPA also provides technical assistance and training to states and
tribes on how to conduct cleanups and improve the efficiency of state programs. The EPA is primarily
responsible for implementing the LUST program in Indian country in partnership with tribes. In Indian
country, EPA program oversees cleanups by responsible parties, conducts site assessments,
remediates contaminated water and soil, provides alternative sources of drinking water when
needed, and takes enforcement action against responsible parties.
Headquarters
Prevention:
• Provide states and tribes with training, technical assistance and guidance.
• Oversee the regions' direct implementation of the program in Indian country, including
implementation of the revised UST regulations.
• Perform national analysis of program performance and establish strategic direction to achieve
national program goals.
Cleanup:
• Provide technical assistance and training to states and tribes on how to conduct cleanups and
improve the efficiency of LUST programs; possibly including: remediation process optimization,
rapid site assessment techniques, use of models and other corrective action courses dealing
with new and improved cleanup technologies.
• Oversee the regions' direct implementation of the LUST program in Indian country.
• Perform national analysis of program performance and establish strategic direction to achieve
national program goals.
7 States as referenced here also include the District of Columbia and five territories as described in the definition of
state in the Solid Waste Disposal Act.
23
-------
Regions
Prevention:
• Implement a scaled back UST tribal program including: implementing the revised (2015) UST
regulations in Indian country, maintaining the 3-year inspection frequency, issuing enforcement
actions and assessing penalties as appropriate, compliance assistance, and data management, in
accordance with the Tribal Consultation Policy and the Tribal Treaty Rights Guidance.
• Implement post award management of existing LUST Prevention cooperative agreements and
STAG grants when closing out prior years' funding.
Cleanup:
• Implement the LUST program in Indian country; including overseeing cleanups by responsible
parties, conducting site assessments, remediating contaminated water and soil, providing
alternative sources of drinking water when needed, and taking enforcement action against
responsible parties.
• Issue, monitor and oversee LUST cleanup cooperative agreements to states and tribes, and
implement award and post award management of LUST cleanup cooperative agreements.
Headquarters and Regions
Prevention:
• Provide limited support to citizens/communities with UST issues.
• Provide limited guidance, training and assistance to the UST regulated community to improve
understanding and compliance.
• Continue coordination with any states who continue to have UST programs.
Cleanup:
• Work with states and tribes in a reduced capacity to implement strategies to reduce the number
of LUST sites that have not reached cleanup completion, and to address new releases as they
continue to be confirmed.
• Monitor the soundness of financial mechanisms, particularly insurance and state cleanup funds
that serve as financial assurance for LUST releases.
• Collaborate with states to seek ways to cover and control remediation cost.
• Provide more limited support in Indian country for site assessments, investigations, and
remediation of high priority sites; enforcement against responsible parties; cleanup of soil and
groundwater; alternate water supplies; cost recovery against LUST owners and operators;
technical expertise and assistance; response activities; oversight of responsible party lead
cleanups; and support and assistance to tribal governments.
• Provide oversight of state LUST programs.
States
Cleanup:
• Perform or oversee site assessments, investigations, and remediation of high priority sites; take
enforcement against responsible parties; perform cleanup of soil and groundwater; provide
alternate water supplies; pursue cost recovery against LUST owners and operators; provide
24
-------
technical expertise and assistance; perform response activities; and perform oversight of
responsible party lead cleanups.
Tribes
Cleanup:
• Partner with EPA on the implementation of the LUST program in Indian country. Tribes may
contribute through a variety of efforts such as; overseeing cleanup activities, taking routine
groundwater samples and sending them to EPA for analysis, communicating with impacted
community members, etc.
Measures: The NPG measures supporting this program are 112, 113 and 114. These measures can be
found in Section IV, FY 2020 National Program Guidance Measures, on page 32.
25
-------
B. Other Core Work
Chemical Accident Prevention
OLEM's Chemical Accident Prevention program requires more than 12,300 Risk Management Plan (RMP)
regulated chemical industrial facilities that use or store chemicals from a list of regulated toxic and
flammable substances held above certain threshold quantities to implement an accident prevention
program, take emergency response preparedness measures, and develop and submit an RMP. Section
112(r) of the Clean Air Act Amendments requires EPA to publish regulations and guidance for chemical
accident prevention at facilities that use certain hazardous substances. These regulations and guidance
are contained in the RMP rule.
Headquarters
• Provide RMP inspector training for federal and state inspectors.
• Develop limited updates to the Computer-Aided Management of Emergency Operations
(CAMEO) software suite, i.e., the CAMEO Chemicals app, which provides free and publicly
available information to first responders on firefighting, first aid and spill response activities.
Regions
• Conduct all RMP inspections in accordance the with "Guidance for Conducting Risk Management
Program Inspections Under Clean Air Act Section 112(r)" (EPA 550-K-ll- 001, January 2011).
Conduct at least 36% of these inspections at high-risk facilities, and at least 50% at facilities
within the Chemical Accident Risk Reduction National Compliance Initiative (NCI). A single
facility inspection can be applied to both requirements. A limited number (less than 20%) of
annual inspections may be RMP non-filer and/or CAA 112(r) General Duty Clause inspections.
• As appropriate, evaluate facility compliance with EPCRA section 304 and 311/312 and CERCLA
section 103 during all RMP inspections.
States and tribes
• Collaborate and coordinate with OLEM on program implementation plans or activities to
achieve environmental goals, as appropriate.
Measures: The NPG measure supporting this program is CH2. This measure can be found in Section IV,
FY 2020 National Program Guidance Measures, on page 31.
Oil Spill Prevention and Response
OLEM's Oil Spill Prevention and Response program protects human health and the environment by
preventing, preparing for, responding to, and monitoring inland oil spills and prevention, preparedness
and compliance assistance at more than 540,000 regulated non-transportation related oil storage
facilities. Additionally, the agency responds to approximately 100 oil spill releases a year.
26
-------
Headquarters
• Maintain the National Oil and Hazardous Substance Pollution Contingency Plan's
Subpart J Product Schedule, which identifies a list of products that may be used to clean oil
spills.
• Deliver annual oil spill inspector training and refreshers to federal inspectors.
• Continue to work with the regions on area planning efforts to ensure that responders have
access to essential area-specific information when addressing incidents.
Regions
• Focus on prevention and preparedness via inspections of Spill Prevention, Control, and
Countermeasure (SPCC) and Facility Response Plan (FRP) facilities, as defined by the program's
high-risk inspection targeting procedures (outlined in the April 2013 memorandum titled, "SPCC
and FRP Inspections/Government Initiated Unannounced Exercise (GIUE) Targeting
Procedures").
• At least 60% of SPCC inspections nationally should be conducted at high-risk facilities.
States and Tribes
• Collaborate and coordinate with OLEM on program implementation plans or activities to
achieve environmental goals, as appropriate.
Measures: The NPG measures supporting this program are 437 and 438. These measures can be found
in Section IV, FY 2020 National Program Guidance Measures, on page 31.
Tribal Support and Coordination
OLEM 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 relationship between tribes and the EPA. OLEM supports
tribal governments through capacity building, technical and financial assistance, research, outreach, and
direct implementation. In addition to the cross-office work listed below, program-specific activities
related to tribes are described throughout OLEM's National Program Guidance.
Headquarters and regions
• Work directly with tribes to implement federal environmental programs in Indian country.
• Implement the 2011 EPA Policy on Consultation and Coordination with Indian Tribes, the 2016
Guidance for Discussing Tribal Treaty Rights, as well as the OLEM and the Office of Superfund
Remediation and Technology Innovation (OSRTI) January 2017 traditional ecological knowledge
memorandums (Considering Traditional Ecological Knowledge During the Cleanup Process and
Consideration of Tribal Treaty Rights and Traditional Ecological Knowledge in the Superfund
Remedial program).
27
-------
• Continue to provide outreach materials, training, technical assistance, regulatory action
coordination/consultation, and program information to tribes to assist in understanding OLEM's
programs and mission.
Headquarters
• OLEM's Office of Communications, Partnerships and Analysis (OCPA) and Office of Resource
Conservation and Recovery (ORCR) will coordinate and collaborate with other federal agencies
through the Infrastructure Task Force to promote the development and implementation of
sustainable waste management programs in Indian country. This includes leveraging,
coordinating, and improving technical and financial assistance in support of developing
integrated waste management plans, and closing, cleaning up, or upgrading open dumps.
• OLEM will continue to engage with and provide technical assistance to tribes through activities
under the Tribal Waste and Response Assistance Program, including support for the annual
Tribal Lands and Environment Forum conference, the Tribal Waste and Response Steering
Committee, trainings, and online resources.
Regions
• Regions may consider established EPA-Tribal Environmental Plans (ETEPs) to assist in conducting
federal environmental program activities in Indian country, including direct implementation and
technical and financial assistance.
Tribes
• Participate in conferences, meetings, trainings, webinars, etc. to build capacity to effectively
implement cleanup and response programs.
• Participate in consultation and outreach events and provide comments, feedback, and tribal
perspectives on proposed regulations and guidance.
• Implement programs related to solid and hazardous waste, underground storage tanks,
Brownfields, Superfund, and emergency response activities, as applicable. Engage with EPA
headquarters and regional staff and other entities to improve program implementation.
States
• No specific activities listed.
Measures: The NPG measures supporting this program are 113 and 114. These measures can be found
in Section IV, FY 2020 National Program Guidance Measures, on page 32.
Environmental Justice
Environmental Justice (EJ), or promoting healthy and environmentally sound conditions for all people, is
a priority throughout all OLEM's programs. By integrating EJ into its programs, OLEM seeks to mobilize
resources to address the needs of disproportionately overburdened and underserved communities.
OLEM 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
28
-------
communities with environmental justice concerns are the most vulnerable to pollutants or
contaminants, and in recognition of that, OLEM will consider impacts on children in its activities.
To facilitate the continued integration of EJ into its programs, OLEM will undertake the activities below.
Headquarters and Regions
• As a part of its work planning process, OLEM will integrate EJ principles into its programmatic
and regional decision-making using rulemaking, policy, screening and legal tools.
• The OLEM 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 promote the health and environment of federally
recognized tribes, indigenous people and others living in Indian country.
• 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 OLEM partnerships with tribal and state governments, building alliances and leveraging
resources to help address local environmental concerns in overburdened and underserved
communities.
States and Tribes
• Collaborate and coordinate with OLEM on program implementation plans or activities to
achieve environmental goals, as appropriate.
29
-------
SECTION III. FLEXIBILITY AND GRANT PLANNING
OLEM FY 2020-2021 Grants Management Guidelines
Effective Grants Management
OLEM places a high priority on accountability and effective grants management in the solicitation,
selection, award, and administration of assistance agreements in support of OLEM's mission. The
following key areas are 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); and
2. Ensuring effective management through emphasis on training and accountability standards for
Project Officers and their managers.
OLEM'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's central coordinating role serves to ensure consistent implementation and compliance with
agency grants management policies and procedures throughout OLEM Headquarters and regional
program offices. This enables OLEM project officers to focus on how best to properly manage assistance
agreements to meet program goals and objectives.
Alignment of National Program Guidance and Grant Work Planning
One of OLEM'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.
Timing of Guidance Issued for Categorical Grants
1. 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
2020 appropriated funds should be issued by April 2019). Not all categorical grant programs
issue annual guidance. These programs may simply indicate that they are continuing to use
their current guidance.
2. OLEM affirms our commitment to NEPPS and encourages the use of Performance Partnership
Agreements (PPAs) and Performance Partnership Grants (PPGs) as vehicles for increasing
financial and programmatic flexibilities for states, tribes, and territories. In those instances
where PPAs/PPGs are engaged, we encourage OLEM headquarters and regional offices to
consider input received from state and tribal partners when developing grant guidance and
work plans. OLEM-specific PPG-eligible grants include Hazardous Waste Management - SWDA
3011(a), Brownfields Response - CERCLA 128(a), and State Underground Storage Tanks - SWDA
2007 (f)(2). More information on NEPPS, PPAs, and PPGs can be found within the NEPPS FY
2020 2021 NPG and on the
30
-------
Promoting Competition
OLEM 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. OLEM Project Officers must ensure that these actions are fully compliant
with EPA Order 5700.5A1, Policy for Competition of Assistance Agreements in the solicitation, selection,
and award of assistance agreements.
The competition policy, effective January 15, 2005, applies to:
3. competitive announcements issued, released, or posted after January 14, 2005;
4. assistance agreement competitions, awards, and disputes based on competitive announcements
issued, released, or posted after January 14, 2005;
5. non-competitive awards resulting from non-competitive funding recommendations submitted
to a Grants Management Office after January 14, 2005; and
6. assistance agreement amendments issued after January 14, 2005.
In accordance with agency policy, all OLEM competitive funding opportunity announcements are
advertised by posting to OLEM'S Grants & Funding page (https://www.epa.gov/grants/office-land-and-
emergencv-management-grants-and-funding) and Grants.gov. the central federal electronic portal for
applying for grant opportunities.
Grants.gov
GPI 14-01, Electronic Submission of Initial Grant Applications 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 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.
31
------- |