U.S. Environmental Protection Agency

Draft Office of Enforcement and Compliance Assurance
National Program Guidance, Fiscal Years 2025-2026

April 2024

EPA-305D24001


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Table of Contents

ACRONYM LIST	2

SECTION I. INTRODUCTION	5

SECTION II. KEY PROGRAMMATIC PRIORITIES	6

A.	Key Enforcement and Compliance Activities to Advance Environmental Justice	6

B.	Key Enforcement and Compliance Activities to Address Climate Change	9

C.	FY 2024-2027 National Enforcement and Compliance Initiatives (NECIs)	11

SECTION III. WORKING WITH INDIAN TRIBES TO PROTECT PUBLIC HEALTH AND THE ENVIRONMENT. 15

A.	Tribal Government Collaboration and Consultation	15

B.	Compliance and Enforcement in Indian Country	16

SECTION IV. IMPLEMENTING OTHER CORE WORK	17

A.	Cross-program Activities	17

B.	Program-specific Activities	22

SECTION V. FLEXIBILITY AND GRANT PLANNING	50

A.	FIFRA Cooperative Agreement Guidance	50

B.	TSCA Compliance Monitoring Guidance	50

C.	National Environmental Performance Partnership System (NEPPS)	51

D.	Federal Civil Rights Responsibilities, Including Title VI of the Civil Rights Act of 1964	51

SECTION VI. FY 2025 NATIONAL PROGRAM MEASURES	53

SECTION VII. CONTACTS	54

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ACRONYM LIST

ACE

Automated Commercial Environment

ACMS

Alternative Compliance Monitoring Strategy

AIM Act

American Innovation and Manufacturing Act

AHERA

Asbestos Hazard Emergency Response Act

APPS

Act to Prevent Pollution from Ships

CAA

Clean Air Act

CBP

U.S. Customs and Border Protection

CCR

Coal Combustion Residuals

CDR

Chemical Data Reporting

CEI

Comprehensive Evaluation Inspection

CERCLA

Comprehensive Environmental Response, Compensation, and Liability Act

CID

Criminal Investigations Division

CMS

Compliance monitoring strategy

CSB

Chemical Safety Board

CWA

Clean Water Act

CWS

Community Water System

DART

Data Acquisition in Real Time

DHS

Department of Homeland Security

ECATT

ECHO Clean AirTrackingTool

ECHO

Enforcement and Compliance History Online

EJ

Environmental Justice

EMS

Enforcement Management System

EPA

U.S. Environmental Protection Agency

EPCRA

Emergency Planning and Community Right-to-Know Act

ERP

Enforcement Response Policy

ETEP

EPA-Tribal Environmental Plan

FIFRA

Federal Insecticide, Fungicide, and Rodenticide Act

FRP

Facility Response Plan

FRV

Federally Reportable Violation

GDC

General Duty Clause

GLP

Good Laboratory Practices

GMAP

Geospatial Monitoring of Air Pollution

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GHG

Greenhouse Gas

GWP

Global Warming Potential

HAP

Hazardous Air Pollutant

HFC

Hydrofluorocarbon

HPV

High Priority Violations

IC

Institutional Control

ICIS

Integrated Compliance Information System

LDAR

Leak Detection and Repair

LQGs

Large Quantity Generator

Ml

Mechanical Integrity

MOA

Memorandum of Agreement

MOC

Management of Change

NAICS

North American Industry Classification System

NECI

National Enforcement and Compliance Initiative

NEPPS

National Environmental Performance Partnership System

NESHAPs

National Emission Standards for Hazardous Air Pollutants

NMFS

National Marine Fisheries Service

NPDES

National Pollutant Discharge Elimination System

NPG

National Program Guidance

NRCS

Natural Resources Conservation Service

OAR

Office of Air and Radiation

OCEFT

Office of Criminal Enforcement, Forensics and Training

OCIR

Office of Congressional and Intergovernmental Relations

OCSPP

Office of Chemical Safety and Pollution Prevention

OECA

Office of Enforcement and Compliance Assurance

OEM

Original Equipment Manufacturer

OLEM

Office of Land and Emergency Management

OPPT

Office of Chemical Safety and Pollution Prevention

PBT

Persistent, Bioaccumulative, and Toxic

PCB

Polychlorinated Biphenyl

PFAS

Per- and Poly- fluoroalkyl Substances

PHMSA

Pipeline and Hazardous Materials Safety Administration

PPA

Performance Partnership Agreement

PPG

Performance Partnership Grant

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PRP

Potentially Responsible Party

PWS

Public Water System

QAFAP

Quality Assurance Field Activities Procedures

RA

Remedial Action

RCRA

Resource Conservation and Recovery Act

RD

Remedial Design

RIN

Renewable Identification Number

RMP

Risk Management Plan

RNCF

Referred No Complaint Filed

RRP

Renovation, Repair and Painting

SDWA

Safe Drinking Water Act

SEP

Supplemental Environmental Project

SNC

Significant Noncompliance

SPCC

Spill Prevention, Control, and Countermeasure

SRF

State Review Framework

TRI

Toxics Release Inventory

TSCA

Toxic Substances Control Act

TSDF

Treatment, Storage, and Disposal Facilities

UIC

Underground Injection Control

USFWS

U.S. Fish and Wildlife Service

UST

Underground Storage Tank

WPS

Worker Protection Standard

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SECTION I. INTRODUCTION

This FY 2025-2026 National Program Guidance (NPG) for the Office of Enforcement and
Compliance Assurance (OECA) is a preliminary planning document and reflects the
information currently available regarding specific programmatic commitments and
activities. It identifies the national compliance and enforcement activities that the U.S.
Environmental Protection Agency (EPA or the Agency) and state, territory, local, and
Tribal government agencies should perform in FY 2025-2026 consistent with the budget
and the Administrator's priorities. In developing this guidance, OECA reviewed and
considered the state, Tribal, and territorial priorities identified through program-specific
early engagement. The "EPA Overview to the National Program Guidance"
communicates important background and agency-wide information and should be read
in conjunction with this FY 2025-2026 OECA National Program Guidance.

EPA's Enforcement and Compliance Assurance Program (the Enforcement and
Compliance Program) comprised organizationally of OECA and the regions supports
EPA's principles of following the science, following the law, being transparent, and
advancing justice and equity. The Program's priorities, policies, and practices will focus
on being consistent and systematically fair, just, and impartial in our treatment of all
individuals. The Program will hold polluters accountable and ensure that companies
who have met their legal obligations are not at a competitive disadvantage with
violators. EPA will focus federal enforcement resources on the most serious
environmental problems and identify and address noncompliance and contaminated
sites that adversely impact the health of American communities through vigorous civil,
criminal, and cleanup enforcement. EPA will implement the Strategic Civil-Criminal
Enforcement Policy to promote collaborative strategic planning between EPA's civil and
criminal enforcement programs and ensure that EPA exercises its enforcement
discretion fairly and consistently. OECA and the regions will also seek to increase
engagement with communities about enforcement cases and identify remedies with
tangible benefits for impacted communities.

The Program's actions will also support priority goals in the FY 2022-2026 EPA Strategic
Plan1 to advance environmental justice (EJ) and civil rights, and address climate change.
The Enforcement Program will advance EJ through increased inspection and
enforcement in communities already overburdened by pollution. The Program will also
integrate EJ considerations, such as impacts to the community and harm to victims, the
need for public outreach and the opportunity for community service or restitution for
harmed communities into every environmental criminal investigation and prosecution.
To address climate change, the Program will implement the FY 2023 Climate
Enforcement and Compliance Strategy,2 which provides direction to all OECA and
regional offices and across all enforcement and compliance efforts, including criminal,
civil, federal facilities, and cleanup actions. The strategy recognizes the urgency of the
climate crisis and takes a comprehensive approach to this challenge to facilitate and
expedite results.

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The Enforcement and Compliance Program will continue its focus on the National
Enforcement and Compliance Initiatives (NECIs)3 to target and address the most serious
environmental and public health problems where noncompliance is a significant
contributing factor. For the FY 2024-2027 NECIs, the Program will, for the first time,
focus enforcement and compliance resources on mitigating climate change, addressing
exposure to per-and polyfluoroalkyl substances (PFAS), and protecting communities
from carcinogenic coal ash contamination.

OECA and the regions will collaborate with states, territories, local governments, and
federally recognized Indian Tribes (Tribes), by both directly implementing the Program
and through oversight of federal programs implemented by the states. This
collaboration emphasizes use of the full range of OECA and the region's compliance
assurance tools, such as helping regulated entities understand their compliance
obligations, helping facilities return to compliance, building state capacity, supporting
state actions, bringing Federal civil administrative actions, and bringing Federal civil or
criminal judicial enforcement actions. EPA retains concurrent enforcement authority
and will take direct action in authorized programs to protect human health and the
environment consistent with the 2023 Guidance on Effective Partnerships Between EPA
and the States in Civil and Compliance Assurance.4

SECTION II. KEY PROGRAMMATIC PRIORITIES

A. Key Enforcement and Compliance Activities to Advance Environmental Justice

For the past 25 years, OECA, in partnership with regional enforcement programs, has
built EJ and civil rights principles into its enforcement and compliance assurance
program and continues to strengthen the integration of these principles across our
activities. Building on this progress, OECA has enhanced efforts to embed EJ
considerations into its enforcement and compliance policies, train staff and technical
experts, and improve data tools to address the effects of pollution on overburdened
communities. Since 2021, in response to Executive Order 14008's call to "strengthen
enforcement of environmental violations with disproportionate impact on underserved
communities," OECA has focused on three key strategies:

1. Strengthening Enforcement in Communities with Environmental Justice Concerns
through Civil Enforcement

On April 30, 2021, OECA issued a memorandum, Strengthening Enforcement in
Communities with Environmental Justice Concerns.5 directing an increase in the
number of facility inspections in overburdened communities, pursuing remedies
with tangible benefits for the impacted community, and increasing efforts in
community engagement.

Inspections to assess compliance with legal requirements are critical to uncovering
violations of environmental laws and deterring unlawful conduct that may harm
communities, especially those that are overburdened or more vulnerable to the
effects of contamination. OECA has committed to increase inspections in areas of EJ
concern, from past levels of about 30%, to 50% in FY 2024, and 55% in FYs 2025 and

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2026. OECA expects that more inspections in overburdened communities will help
us to address the most serious threats to communities.

In addition to increased inspections, a critical goal of the civil enforcement program
is to obtain injunctive relief that addresses past harms and provides timely and
tangible benefits to communities. Pursuant to the April 26, 2021 memorandum,
Using All Appropriate Injunctive Relief Tools in Civil Enforcement Settlements.6 case
teams are encouraged to use the full array of policy and legal tools to ensure that
environmental laws deliver benefits to all individuals and communities, including
utilizing compliance tools which will be most effective in ensuring a facility promptly
returns to compliance, such as: advanced monitoring, audits, electronic reporting,
and public posting of compliance data. Case teams are also instructed to consider
settlement provisions that address past harm to communities, including mitigation,
supplemental environmental projects (SEPs),7 and stipulated remedies.

Early and frequent community engagement with pollution-burdened and
underserved communities is an essential element of OECA's and Regions' efforts to
address environmental injustice. OECA is focused on pursuing early and more
frequent engagement with overburdened communities affected by enforcement
decisions, by:

•	Providing more information about facilities, pollution, inspection, and
enforcement activities, through press releases, desk statements, public
meetings, and websites focused on specific communities.

•	Developing transparency tools, including enhancements to EPA's Enforcement
and Compliance History Online (ECHO)8 website, that will provide the public
with enforcement and compliance information about their community.

•	Pursuing additional opportunities to increase community engagement across
the enforcement program, such as:

o Direct outreach to local communities, collaborating with state, Tribal, and
local authorities to provide multilingual information, and targeted public
service announcements and outreach to impacted communities about
issues such as safe drinking water, pesticides and air emission impacts, and
worker or industry safety regulations.

OECA is also engaged with other federal agencies to promote EJ. Examples include:

•	Engaging with the Department of Defense to protect military families from lead-
based paint exposures,

•	Collaborating with other federal agencies to address PFAS chemicals, including
PFOA and PFOS impacting military families and communities with potential EJ
concerns,

•	Conducting training on EJSCREEN, EPA's EJ mapping and screening tool, for
other federal agencies,

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•	Partnering with the U.S. Department of Housing and Urban Development and
the Centers for Disease Control to address lead-based paint exposure risks to
children living in overburdened communities, and

•	Maintaining a comprehensive EJ resources webpage on FedCenter.gov, which is
the compliance assistance website for federal agencies.

2.	Strengthening Environmental Justice through Criminal Enforcement

On June 21, 2021, OECA's Acting Assistant Administrator, issued a memorandum,
Strengthening Environmental Justice Through Criminal Enforcement.9 directing
strengthened detection of environmental crimes in overburdened communities
through effective civil-criminal coordination on investigations and cases, improved
assistance to crime victims, and enhanced remedies sought in environmental crime
cases. Specifically, OECA is:

•	Partnering with the Department of Justice to improve attention and support to
the victims of environmental crimes and working to conduct as much outreach
as possible to share information about EPA's criminal enforcement.

•	Strategically deploying its criminal enforcement resources in each NECI, which
incorporate EJ considerations, to hold polluters accountable, reduce
noncompliance with the environmental laws, and protect overburdened
communities from environmental harm.

•	Instructing case teams to:

o Prevent subsequent pollution crimes in communities, which means that
punishment for environmental crimes must be sufficient to achieve the goal
of deterrence,

o Seek conditions of probation or supervised release whenever necessary to
ensure compliance and provide communities with sufficient information to
be assured that illegal pollution is not recurring, and
o Seek restitution and/or community service to redress harm from the
offense.

3.	Strengthening Environmental Justice through Cleanup Enforcement Actions

To support the Agency's focus on EJ, OECA intends to use authorities under the
Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA)
and Resource Conservation and Recovery Act (RCRA) to proactively investigate and
prevent threatened releases in overburdened and/or underserved communities;
secure cleanup and reuse agreements that address impacts on these communities;
and increase opportunities for community engagement. On July 1, 2021, OECA
issued a memorandum, Strengthening Environmental Justice Through Cleanup
Enforcement Actions.10 directing cleanup enforcement staff to require responsible
parties to take early and prompt cleanup actions, press for more robust
enforcement instruments, and increase cleanup oversight. OECA is:

•	Tracking and assessing the use of revised model cleanup documents which
include EJ language that should be used by enforcement teams across EPA,
providing a standardized basis to address EJ concerns in cleanup enforcement.

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•	Increasing opportunities for community engagement in the development of
cleanup and reuse agreements to ensure community concerns are addressed in
a meaningful manner, through revised model documents that include new
provisions regarding community involvement (e.g., requiring potentially
responsible parties to provide information to the public in the dominant
language(s) of community members).

•	Requiring responsible parties to take early cleanup actions by:

o Instructing case teams to take enforcement steps to expedite cleanups in
overburdened communities to address the most urgent risks to human
health.

o Working with regions on proactive use of Imminent and Substantial

Endangerment authorities at Superfund and RCRA Corrective Action sites,
where there are viable responsible parties and early action would prevent
or abate releases, to prioritize early action and/or enforcement efforts at
sites affecting overburdened, vulnerable, or undeserved communities or
climate sensitive areas.

•	Tracking CERCLA National Priorities List (NPL) disputes with other federal
agencies to ensure that these disputes are timely resolved or elevated,
particularly as all CERCLA NPL disputes are currently occurring in communities
with potential EJ concerns.

•	Strengthening oversight and enforcement of community involvement efforts at
federal facility NPL sites while promoting best practices for federal agencies.

B. Key Enforcement and Compliance Activities to Address Climate Change

As climate change is the greatest environmental challenge we face in the 21st century,
EPA made tackling the climate crisis a top priority. In the	2026 EPA Strategic

Plan,11 Goal 1 focused specifically on tackling the climate crisis by taking action to adapt
to and mitigate climate change risks.

Tackling the climate crisis is also a top priority for OECA as the Enforcement and
Compliance Program focuses on reducing greenhouse gas (GHG) emissions and
increasing resilience to future impacts from climate change. To meet the urgency of this
challenge and guide our efforts in the future, OECA issued EPA's Climate Enforcement
and Compliance Strategy,12 an overarching strategy on how the Enforcement and
Compliance Program will integrate climate change considerations and action into our
work. Additionally, OECA's FY 2024-2027 NECIs13 include the first ever climate change-
focused enforcement initiative that is a key component of our climate enforcement and
compliance strategy.

These two new efforts provide guidance and structure going forward to allow the
Enforcement and Compliance Program to continue contributing towards addressing the
climate crisis over the next several years. As the climate crisis continues to accelerate, if
we fail to take decisive action by the end of this decade, we will lose our ability to stave
off the worst effects of climate change.

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EPA's Climate Enforcement and Compliance Strategy directs all civil, criminal, federal
facilities and cleanup enforcement and compliance offices to address climate change, as
appropriate, in every matter within their jurisdiction. This strategy directs EPA's
Enforcement and Compliance Program to: (1) prioritize enforcement and compliance
actions to mitigate climate change; (2) include climate adaptation and resilience
requirements in case conclusions whenever appropriate; and (3) provide technical
assistance to achieve climate-related solutions and build climate change capacity among
EPA staff and our state and local partners. This strategy expands and builds on the
foundational work in the OECA Climate Adaptation Implementation Plan14 and the
subsequent priority actions undertaken each year through FY 2026 to advance the
Agency toward its climate adaptation goals.

The first requirement of the strategy focuses on reducing emissions of the highest
impact climate super-pollutants, methane and hydrofluorocarbons (HFCs). Methane is
25 times more potent of a GHG than carbon dioxide while HFCs are hundreds to
thousands of times more potent than carbon dioxide. The Mitigating Climate Change
NECI will be key to reducing emissions of these highest impact climate change
pollutants. We also will prioritize reductions of other GHGs by bringing enforcement
actions to address illegal emissions of carbon dioxide and other pollutants that
contribute to climate change.

The second requirement of the strategy focuses on building climate resilience into case
targeting and resolutions by considering relevant climate risks in enforcement matters
and, when appropriate, including injunctive relief measures to ensure that polluting
facilities will be resilient to projected impacts of climate change. Incorporating climate
adaptation and resilience principles will ensure that regulated entities and communities
are better able to anticipate, prepare for, withstand, and recover from the disruptive
impacts of climate change while also remaining in compliance with environmental laws.
Additionally, the Enforcement and Compliance Program will continue to use authorities
under CERCLA and RCRA to proactively investigate and prevent threatened releases in
climate-sensitive communities; secure cleanup and reuse agreements that address
climate change vulnerabilities; and integrate actions to address climate change into
enforcement tools, policies, and guidance used for the cleanup and reuse of
contaminated sites.

The third requirement of the strategy focuses on providing technical assistance and
training to EPA staff and state and local partners as we continue to develop the
necessary capacity and tools to support integrating climate change considerations into
enforcement and compliance activities. OECA and our regional partners play an
important role in enhancing communities' resilience to climate-related disasters
through enforcing rules designed to reduce GHG emissions and other harmful
pollutants, integrating adaptation principles into our compliance and enforcement
efforts, and building capacity to meaningfully integrate these climate considerations
into environmental enforcement and compliance.

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Even as we seek to avoid the most catastrophic effects of climate change, we must take
steps now to prepare communities for the climate change that is happening already and
that we know will occur in the future. Our efforts today will shape our legacy and
determine what kind of world we leave for future generations.

C. FY 2024-2027 National Enforcement and Compliance Initiatives (NECIs)

The Enforcement and Compliance Program's NECIs1''are EPA's priority focus areas to
address the nation's most serious environmental and public health problems where
noncompliance with environmental statutes and regulations is a significant contributing
factor, and where federal enforcement can have a significant impact on improving
quality of the nation's air, water, and land. In the FY 2024-2027 NECI cycle, the
Enforcement and Compliance Program will, for the first time, focus enforcement and
compliance resources on mitigating climate change, addressing exposure to PFAS, and
protecting communities from carcinogenic coal ash contamination. In addition, we will
strengthen our efforts to address hazardous air pollution in overburdened communities
and continue existing initiatives focused on providing safe drinking water and reducing
the risk of deadly chemical accidents.

1. Mitigating Climate Change

This NECI uses EPA's enforcement and compliance tools to reduce excess emissions
of GHGs through the prevention of unauthorized imports, production, and use of
hydrofluorocarbons (HFCs), and addressing methane emissions from the oil and
natural gas and landfill sectors (including federally owned landfills), as these
industries significantly contribute to or exacerbate climate change.

EPA's FY 2022-2026 Strategic Plan prioritizes actions to tackle the climate crisis,
including through enforcement of the American Innovation and Manufacturing Act's
(AIM Act) requirements for HFC import, production and use, and Clean Air Act (CAA)
requirements that apply to the oil and gas and landfill sectors. The AIM Act targets
HFCs, which are a widely used refrigerant and have a Global Warming Potential
(GWP) that is hundreds to tens of thousands of times greater than carbon dioxide
(CO2), for reduction by 85% over the next 15 years. Global efforts to phase down
HFCs are expected to avoid up to 0.5 °C of global warming by 2100. Similarly, the oil
and gas and landfill sectors are a significant source of methane emissions, and
methane has a GWP that is 28 times greater than CO2. In 2021, based on their
GWPs, methane and HFC emissions accounted for approximately 14.5% of U.S. GHG
emissions in million metric tons of CO2 equivalent (MMTCChe). Oil and gas systems
and landfills are the first and third largest sources of methane emissions in the
United States, respectively, and were responsible for 44% of U.S. methane emissions
in 2021.

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2. Addressing Exposure to PFAS

Due to the toxicity and persistence of per- and polyfluoroalkyl substances (PFAS)
chemicals, addressing PFAS contamination is a priority for EPA, and the Enforcement
and Compliance Program is actively involved in both investigation and enforcement
in this area. This NECI focuses on implementing EPA's PFAS Strategic Roadmap and
holding responsible those who significantly contribute to the release of PFAS into
the environment, such as major manufacturers and users of manufactured PFAS,
federal facilities that release PFAS, and other industrial parties.

Along with EPA's development of regulatory frameworks for PFAS across multiple
statutes, the Enforcement and Compliance Program has already taken enforcement
actions to ensure compliance with existing statutes, including actions to address an
imminent and substantial endangerment to communities. Building upon these
recent actions, the key goals of this NECI are to achieve site characterization, control
ongoing releases, and compel compliance with permits and other agreements (e.g.,
Federal Facility Agreements) to prevent unacceptable exposure to PFAS
contamination and address endangerment issues as they arise. EPA is also working
closely with our state and Tribal counterparts to address PFAS concerns and
contamination. Additionally, Regions should continue investigations at uninspected
facilities and addressing PFAS contamination using imminent and substantial
endangerment authorities, e.g., under SDWA section 1431, CWA section
504, CERCLA section 104, and RCRA sections 3013 and 7003, as appropriate.

In 2020, hundreds of facilities reported manufacturing or importing PFAS, and over a
thousand have been reported as purchasers of raw PFAS materials from large
manufacturers or distributors. Under this NECI, EPA has begun addressing PFAS
contamination at the largest PFAS manufacturing facilities and is conducting site
assessments, sampling, and analysis to prevent and address PFAS contamination and
that could lead to additional investigations of other manufacturers or direct users of
PFAS.

Another focus of this NECI is investigating federal facilities with known or suspected
PFAS releases and using the best available enforcement authorities to minimize risk
and reduce exposure. There are approximately 800 federal facilities with known or
suspected PFAS contamination, including 275 facilities where the Department of
Defense is currently conducting or will conduct Remedial Investigations.

Characterizing contamination and holding those who significantly contribute to the
release of PFAS into the environment responsible for addressing PFAS contamination
will help mitigate the disproportionate impact PFAS contamination has on
communities shown to be most at risk of exposure to a multitude of contaminants.
Addressing unsafe releases of PFAS will both combat direct contaminant exposures
and other exposures such as subsistence fishing.

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3.	Protecting Communities from Coal Ash Contamination

EPA is committed to reducing pollution from Coal Combustion Residuals (CCR), the
toxic material left behind after facilities burn coal. CCR contains contaminants
known to cause cancer and other serious health effects. In 2021, coal-fired electric
facilities generated almost 80 million tons of CCR. There are approximately 775 units
at 300 regulated facilities nationwide. Most CCR units are adjacent to rivers, lakes,
and coastal waterways. Many of these adjacent waters and the surrounding
groundwater resources are, or may be in the future, sources of drinking water.

These coal ash sites become more vulnerable to unplanned releases every day due
to water level rise and the increasing severity and frequency of storms, flooding, and
hurricanes. This NECI focuses EPA enforcement resources on noncompliance with
EPA's RCRA CCR requirements to reduce the most significant risks to drinking water,
surface waters and groundwater resources, and air quality, from coal ash disposal.

Neighborhoods located near coal ash facilities are often communities with EJ
concerns. These communities are likely to face existing environmental burdens that
put them at greater cumulative risk from the environmental impacts associated with
proximity to coal ash landfills or impoundments, including harmful air pollution and
threats to drinking water sources. Reviews of facility data conducted to date by EPA
have shown that releases from at least 450 units have caused groundwater
contamination and approximately 72 facilities are located near overburdened
communities.

Coal ash contains contaminants such as mercury, cadmium, chromium, and arsenic,
which are associated with cancer and various other serious health effects. The
impact or harm to human health and the environment from noncompliance can be
significant and can occur through catastrophic releases of contaminants,
contamination of groundwater resources, impacts on nearby surface waters,
consumption of contaminated drinking water, and releases of pollutants to the air.

Noncompliance with the CCR requirements appears to be widespread as EPA found
in its review of facility applications relating to closure time extensions and liner
equivalency requests and in other contexts. Many facilities are likely not complying
with the CCR Rule's performance standards and monitoring and testing
requirements.

4.	Reducing Air Toxics in Overburdened Communities

EPA is committed to reducing air pollution in communities across the country, but
some communities suffer impacts from higher levels or multiple sources of toxic air
pollution. This initiative is an effort to focus EPA enforcement resources on a
number of overburdened communities facing high levels of air pollution from
Hazardous Air Pollutants (HAPs) or carcinogens, such as but not limited to - BTEX
compounds (e.g., benzene, toluene, ethylbenzene, xylenes), chromium compounds
(e.g., odium chromate, sodium dichromate, chromic acid, chromic oxide, and

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chromium dehydrate), formaldehyde, mercury, polycyclic organic matter (which
includes polycyclic aromatic hydrocarbon compounds), lead, dioxins and furans, and
ethylene oxide. Many of these pollutants are known or suspected to cause cancer or
other serious neurological, reproductive, developmental, and respiratory health
effects when breathed or ingested through the food chain. By reviewing data on
elevated levels and potential sources of these toxic pollutants and identifying
overburdened areas most affected by those pollutants (in conjunction with the EJ
office in the Region), EPA can target inspections on areas most in need of
assessment. The Agency will then assess sources' compliance, address any HAP
violations through formal enforcement actions (as appropriate), and thereby reduce
the level of pollution burden suffered by those identified communities.

Regions will target, investigate, and address noncompliance with HAP regulations,
with a focus on sources of HAPs in multiple communities with EJ concerns. Regions
will identify HAP sources by considering air toxics data from, e.g., the ECHO Clean Air
Tracking Tool, citizen complaints, facility reported data, monitoring, and testing
reports, and data from ambient air pollution monitors. The Agency will also consider
compliance history and the toxicity and quantity of the HAPs emitted. Regions will
then assess which areas of high air toxics emissions are in communities with EJ
concerns, in coordination with EJ offices. Regions will explore ways to engage with
local community groups and environmental and health departments, where
possible, to communicate clearly about EPA enforcement actions.

Increasing Compliance with Drinking Water Standards

In FY 2023, more than 23.5 million Americans consumed water provided by a
Community Water System (CWS) with at least one health-based violation of the Safe
Drinking Water Act (SDWA). This NECI will ramp up EPA's field presence, take
impactful enforcement to reduce noncompliance, improve climate resiliency, and
offer more compliance assistance to prevent and address public health risks. EPA
will continue to work with states, Tribes, territories, local governments, and the
regulated community, including federal agencies, to ensure delivery of safe water to
communities. In particular, in response to increased cybersecurity threats at public
water systems, EPA intends to increase the number of federal inspections to assess
compliance with SDWA Section 1433 in community water systems, and take the
necessary actions to address vulnerabilities identified during inspection. If civil
enforcement personnel suspect that a regulated entity has engaged in false
statements, obstruction, or similar misconduct, they will coordinate with the OECA
Criminal Investigations Division (CID). By carrying out shared responsibilities and
creating a more effective drinking water enforcement program nationally, the nation
will have more resilient CWSs.

Noncompliance persists despite efforts by EPA and states, Tribes and territories with
primary implementation and enforcement approval under SDWA. In the prior NECI
cycle, about half of the inspections EPA conducted at systems found previously


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unreported violations. EPA maintains an oversight role and independent authorities
when a primacy agency has an approved program. Building and maintaining
relationships with primacy programs is crucial to EPA successfully reducing
noncompliance with drinking water standards at CWSs. EPA will continue to employ
a variety of tools to monitor and promote compliance. The tools include technical
assistance; information gathering and inspection authority; regulatory enforcement,
including coordination with criminal enforcement, where appropriate; and
emergency powers to address imminent and substantial endangerments.

6. Chemical Accident Risk Reduction

Thousands of facilities nationwide, many of which are in communities with EJ
concerns or that face climate-related hazards, or both, make, use, and store
extremely hazardous substances. EPA has found that major accidents continue to
occur from regulated facilities that are neither adequately managing risks nor
ensuring safety to protect surrounding communities as required under Section
112(r) of the CAA. Additionally, EPA has found that facilities are not always reporting
required chemical information to local emergency authorities or accurately
reporting chemical releases. This NECI is a continuation of two prior cycles. In this
third NECI cycle, EPA will focus on high-risk facilities using hydrogen fluoride (HF)
and anhydrous ammonia. Facilities using these chemicals have had dangerous
releases, some near catastrophic misses to surrounding communities, many others
requiring medical responses, evacuations, and causing serious injuries and fatalities.
Through this NECI, EPA will focus on these high-risk facilities as well as building out
inspection capacity to protect communities from accidental releases.

EPA will continue to develop strong working relationships with the OSHA (PSM)
program and work with other federal partners, such as the Chemical Safety Board
(CSB) to facilitate and enhance inspections and evaluations in the RMP universe. In
addition to responding as needed to releases and accidents that cause death or
serious bodily harm, the criminal program will also continue to coordinate with civil
enforcement programs at the state (if one of the delegated states) and federal level
to target companies and individuals who consistently violate integral risk
management program elements, such as Management of Change (MOC) and
Mechanical Integrity (Ml), and which because of their operations, create heightened
risk of significant harm to nearby communities, particularly overburdened
communities.

SECTION III. WORKING WITH INDIAN TRIBES TO PROTECT PUBLIC HEALTH AND
THE ENVIRONMENT

A. Tribal Government Collaboration and Consultation

EPA is committed to working with federally recognized Indian Tribes (Tribes) to assure
compliance in Indian Country16 to protect human health and the environment. EPA's work is

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conducted with appropriate consultation, coordination, and engagement with Tribes within
the context of federal Indian law and the unique Agency policies applicable to Indian
country and Tribes, including the EPA Policy for the Administration of Environmental
Programs on Indian Reservations17 (EPA Indian Policy), the Policy on Consultation With
Indian Tribes,18 the Guidance on the Enforcement Principles Outlined in the 1984 Indian
Policy19 (Tribal Enforcement Guidance), and other applicable compliance assurance and
enforcement policies. The Agency also looks to EPA-Tribal Environmental Plans
(ETEPs), which outline EPA and Tribal priorities for each Tribe, to focus our work in Indian
country. The collaboration takes place both with individual Tribes and with EPA-Tribal
partnership groups.

B. Compliance and Enforcement in Indian Country

EPA works to ensure compliance in Indian country to protect human health and the
environment. EPA directly implements the compliance monitoring and enforcement
elements of virtually all programs in Indian country because most Tribes are not currently
approved to implement federal programs. EPA acts in an oversight capacity and shares
compliance monitoring and enforcement responsibilities where Tribes are approved for
treatment in a similar manner as a state (TAS)20 by the Agency to implement an
environmental program.

EPA Activities

1.	Engaging in appropriate communication with Tribes on compliance monitoring and
enforcement activities that may affect them as guided by applicable laws,
regulations and policies (see section III.A above). EPA activities include:

•	Providing appropriate notice prior to announced civil inspections or as soon as
practicable after unannounced civil inspections are conducted in Indian country.

•	Providing transparent compliance information about EPA regulated facilities in
Indian country, including through EPA's ECHO website and final inspection
reports; and

•	Providing appropriate information on EPA enforcement activities.

2.	Making available technical support and compliance assistance information to
improve and sustain compliance and facilitate return to compliance.

3.	Conducting civil compliance monitoring activities and criminal investigations in
Indian country based upon, among other things, applicable compliance monitoring
strategies (CMS), planning documents, NECIs, and ETEPs, which contain universe
estimates and information, to help set the number, type, and frequency of EPA
activities.

4.	Using targeted civil and criminal enforcement to ensure accountability for violations
and to clean up contamination in Indian country to ensure that noncompliance
does not result in a lesser degree of human health and environmental protection in
Indian country, than elsewhere in the United States. This activity is undertaken by;

•	Applying the EPA Indian Policy, the Tribal Enforcement Guidance, the Questions
and Answers on the Tribal Enforcement Process.21 generally applicable

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enforcement response policies to address civil noncompliance, and the

Restrictions on Communications with Outside Parties Regarding Enforcement
Actions Guidance.22

•	Identifying Tribes with the ability to participate in federal enforcement actions
based on an independent claim, including the ability to share penalties collected
consistent with applicable statutes, regulations, and policies, including the Joint
Collection of Penalties with State and Local Governments and Federally
Recognized Indian Tribes.23

•	Applying penalty and settlement policies to ensure that the regulated
community in Indian country is treated consistently for similar violations across
the country.

5. Reviewing Tribal government applications for regulatory program approval to
ensure adequate compliance monitoring and enforcement authority (i.e., TAS).

SECTION IV. IMPLEMENTING OTHER CORE WORK

A. Cross- program Activities

1.	Inspections and Off-site Compliance Monitoring Activities

EPA's on-site and off-site compliance monitoring programs are critical activities for
detecting non-compliance, facilitating a return to compliance, and providing a
deterrent effect. On-site inspections can vary in the scope of the review, including
check-list inspections, process-based inspections, and inspections that include
monitoring and sampling. The Enforcement and Compliance Program will continue
to track the number of on-site federal inspections and off-site federal compliance
monitoring activities conducted to enable us to assess compliance, create
deterrence for noncompliance, support the permitting process, and establish a level
playing field among regulated entities. Additionally, the Enforcement and
Compliance Program will measure the number of federal inspections that affect
communities with potential EJ concerns.

2.	Compliance Monitoring Strategies

Compliance monitoring is a key foundation of environmental programs, and national
consistency in approach, scope and coverage is essential for a level playing field.
EPA, states, territories, Tribes, and local governments implementing approved
programs follow national Compliance Monitoring Strategies (CMSs) for CWA-NPDES,
RCRA, CAA, Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA), and Toxic
Substances Control Act (TSCA) programs. The CMSs provide regulators with a
structure for targeting on-site inspections over time to deter noncompliance
efficiently and effectively. Other important forms of compliance monitoring (e.g.,
self-re porting and third-party reporting) and compliance assistance (e.g., brochures,
websites, and educational materials) perform vital complementary functions and are

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most effective as adjuncts to the robust field inspection programs recommended in
the CMSs.

The CMSs have evolved over time and may be supplanted with approved Alternative
Compliance Monitoring Strategies (ACMSs) to provide co-regulators with flexibility
to address local pollution and compliance concerns, while maintaining the basic
expectations for national regulatory program integrity. The CMSs improve
communication between the EPA Regions and their co-regulators on compliance
monitoring programs and provide a consistent and transparent baseline for EPA
oversight of these programs (e.g., through the agreed-upon metrics in the State
Review Framework). This collaborative ethic is further established in the: ECOS
Green Report: Alternative Compliance Monitoring Strategies.24
EPA and authorized states, territories, Tribes, and local governments should
implement the most recent CMS or approved ACMS as appropriate, for the CWA-
NPDES,25 RCRA,26 CAA,27 FIFRA,28 and TSCA29 programs, including for inspections in
the federal facilities sector, as appropriate and resources allow.

3.	Data Reporting

Timely, accurate, and complete data is critical for the EPA and the public to analyze
and understand the state of compliance with environmental regulations. Complete
and current data enhance the EPA's ability to identify priorities, and evaluate
program needs and effectiveness consistently and appropriately. The Enforcement
and Compliance Program continues to improve data quality and is working to
modernize its data management systems and practices in partnership with
state/local agencies, Tribes, and territories, consistent with EPA's broader Digital
Strategy.30 OECA is following the model of shared governance with regard to data
management and the use of compliance and enforcement data through
structures such as the ECHO Governance Team, and the Integrated Compliance
Information System (ICIS) Modernization Board.

EPA and states, territories, Tribes, and local governments should continue to share
complete, timely and accurate compliance and enforcement data with EPA in
accordance with applicable regulations and Information Collection Requests.

4.	Tips and Complaints

One of the many approaches EPA uses to carry out its responsibility to assure
compliance with environmental laws is to seek help from the public by asking them
to provide us with information about potentially harmful environmental activities in
their communities and workplaces. Members of the public give EPA such
information through telephone hotlines, letters, the EPA's online system Report
Environmental Violation.31 and other mechanisms. EPA uses these tips and
complaints along with its other compliance-monitoring activities to identify areas
where compliance and enforcement follow-up is warranted either at the federal,

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state, territorial, or Tribal level. EPA will track and assess complaints that provide a
reasonable basis to believe a federal violation has occurred. Some tips and
complaints will be referred to the state, territorial, Tribal, or local authorized
programs. States, territories, Tribes and localities operating authorized programs
should consider public tips and complaints when performing their compliance and
enforcement functions.

5. State and Direct Implementation Program Oversight and Improvement

EPA and states developed the State Review Framework (SRF) to periodically evaluate
each authorized state enforcement and compliance program "to provide a fair and
consistent level of core enforcement across the country" (ECOS Resolution 98-9.32
revised Sept 2016). The SRF is a national program to periodically evaluate
performance of authorized states and EPA when they directly implement CAA, CWA
and RCRA enforcement and compliance programs. This approach ensures that:
(1) state and EPA implemented programs are evaluated consistently; (2) a level
playing field exists for regulated businesses; (3) the public has similar protection
from impacts of illegal pollution; and (4) timely compliance with national laws is
widely achieved (where regions directly implement the federal program, OECA
reviews regional programs using the same process and procedures for all SRF
reviews).

EPA has continuously worked with states to identify and implement updates and
improvements to the SRF program. In FY 2024, EPA is starting its fifth round of SRF
reviews, which will continue through FY 2028. The SRF Round 5 will incorporate
changes to the program developed through media-specific workgroups that included
both regional and state participants, and incorporate comments from regions,
states, and state associations. Additionally, the Enforcement and Compliance
Program will continue to track and manage completion of SRF recommendations
with a goal of closing approximately 55 SRF recommendations each year.

The Enforcement and Compliance Program is continuing to coordinate with EPA's
Office of International and Tribal Affairs on efforts to improve the Agency's direct
implementation activities in Indian country, including ensuring information is
publicly available about entities that are located in Indian country and subject to
federal environmental laws. The Enforcement and Compliance Program has been
working to expand its enforcement oversight to implementation of the Safe Drinking
Water Act (SDWA). The SDWA enforcement review pilots, which began in FY 2021,
are based on a form of the State Review Framework and complement the existing
Data File Reviews that already occur in the program. The enforcement reviews focus
on activities after violation determination; assess enforcement actions; evaluate
appropriate enforcement escalation; and ensure return to compliance. Beginning in
FY 2024, the SDWA enforcement reviews were incorporated into the Drinking Water
NECI, with an expectation that regions will complete at least one review per region
each year.

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EPA Activities

Activities Where EPA is Directly Implementing the Program

1.	OECA will continue to conduct SRF reviews of state CAA, CWA, and RCRA
programs directly implemented by EPA Regions.

EPA Activities in Authorized Programs (States, Territories, Tribes, or Local

Governments)

2.	Focus oversight resources on state programs that are not meeting minimum
national performance standards.

3.	Conduct SRF reviews of authorized state CAA, CWA, and RCRA enforcement
programs.

•	Conduct SRF Round 5 reviews of state CAA, CWA, and RCRA
enforcement programs following SRF Round 5 guidance33 issued in FY
2024 and enter completed draft and final SRF reports into the SRF
Manager database.

•	Discuss outstanding SRF recommendations with states as part of
regularly scheduled annual program planning and review.

•	Work with states to encourage addressing recommendations in a timely
fashion and enter evidence of completion into the SRF Manager
database. In addressing state core program performance issues, regions
should respond according to the approaches articulated in the 1986
Revised Policy Framework for State/EPA Enforcement Agreements.34 as
updated, and the National Strategy for Improving Oversight of State
Enforcement Performance.35

•	Elevate unresolved issues to OECA.

State, Territory or Local Government Activities in Authorized Programs

1.	Work cooperatively with the EPA regions to conduct SRF reviews as
scheduled and implement recommendations within the agreed upon time
frames included in the final SRF reports provided to the state or local agency.

2.	Work cooperatively with the EPA regions to conduct pilot SDWA
enforcement reviews in the SDWA program.

6. Field Activities: Inspector Credentialing, Quality Assurance Field Activities Procedures,
and Final Policy on Inspection Report Timeliness

This section identifies EPA and co-regulator activities necessary to ensure the quality
and efficiency of compliance monitoring field activities.

EPA Activities

1.	Ensure EPA headquarters and regional inspectors are trained and
credentialed consistent with Agency guidance.

2.	When appropriate, authorize state, territorial, and Tribal inspectors to
conduct inspections on the EPA's behalf. Ensure these inspectors are trained
and credentialed consistent with Agency guidance, including the Guidance

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for Issuing Federal EPA Inspector Credentials to Authorize Employees of
State/Tribal Governments to Conduct Inspections on Behalf of EPA (2004),36

3.	Continue developing new Smart Tools capabilities for CAA 112(r) and TSCA
led-based paint inspectors, while supporting and enhancing Smart Tools for
RCRA, NPDES, underground storage tank (UST) and Good Laboratory
Practices (GLP) inspectors.

4.	Conduct field activities (e.g., inspections and investigations) in accordance
with the procedures outlined in the ] ality Assurance Field Activities
Procedures37 (QAFAP).38 Provide training to new staff on the EPA QAFAP
guidelines and the established procedures and annual refresher training to
existing staff.

5.	Implement the Final Policy on Inspection Report Timeliness.39

6.	Support and encourage inspector training and development at EPA and in
authorized states, territories, and Tribes.

Expectations for State, Territory, Tribal, or Local Government Activities

1. Ensure inspectors who conduct inspections on behalf of EPA are trained and
credentialed consistent with agency guidance, including the Guidance for
Issuing Federal EPA Inspector Credentials to Authorize Employees of
State/Tribal Governments to Conduct Inspections on Behalf of EPA (2QQ4)40
and other applicable guidance, policies and training templates on the EPA
Inspector Wiki. 41

7. EPA's Lead Strategy

Reducing lead continues to be a high priority for the Enforcement and Compliance
Program. To support this effort, the Enforcement and Compliance Program
participates in the Agency's Strategy to Reduce Lead Exposures and Disparities in
U.S. Communities.42 (Lead Strategy). The Enforcement and Compliance Program has
committed to contribute to each of the Lead Strategy's three key approaches, i.e.:
(1) reduce lead exposures locally with a focus on communities with disparities and
promote EJ; (2) reduce lead exposures nationally through protective standards,
analytical tools, and outreach; and (3) reduce lead exposures with a "whole of EPA"
and "whole of government" approach. To that end, the Lead Strategy includes
program-specific and cross-cutting commitments to Reduce Lead Exposure through
Enforcement and Compliance Assistance (Lead Strategy Goal 1, Objective E).

Participation in the Agency's Lead Strategy complements the Enforcement and
Compliance Program's continuing support of the 2018 interagency Federal Lead
Action Plan to Reduce Childhood Lead Exposures and Associated Health
Impacts,43 under which OECA and the Regions continue to lead or contribute to
Agency-wide endeavors to increase compliance with, and awareness of the
importance of, lead-safe practices and conduct targeted geographic initiatives.

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B. Program -specific Activities

The following section outlines activities EPA and state, territory, Tribal, and local
governments, where authorized, should conduct in specific program areas. The
guidance in this program-specific activities section should be implemented in
conjunction with the guidance in the Key Priorities, Working with Indian Tribes to
Protect Public Health and the Environment, and Cross Programmatic Activities sections.
When implementing this program-specific activities guidance, EPA and state, territory,
Tribal and local governments, where authorized, should use the full suite of
enforcement and compliance tools to address violations, protect human health and the
environment, deter non-compliance, and provide a level playing field for regulated
entities across the country.

Where a state, Tribe, or territory is an authorized program or is the primacy agency, EPA
has an important oversight role and retains the authority to conduct compliance and
enforcement activities. The program-specific activities in this section should be
implemented consistent with the 2023 Guidance on Effective Partnerships Between EPA
and the States in Civil and Compliance Assurance,44 which outlines that effective
partnership, regular communication, and shared accountability between EPA and
authorized states, Tribes, territories are imperative to protecting human health and the
environment.

1. Clean Air Act (CAA)

CAA Stationary Source Compliance Monitoring and Enforcement Program

The compliance monitoring and enforcement activities for the CAA Stationary Source
program are described below. See also sections II.C.l and II.C.2 for descriptions of the
Reducing Air Toxics in Overburdened Communities and the Mitigating Climate Change
National Enforcement and Compliance Initiatives (NECIs).

EPA Activities

The Enforcement and Compliance Program works together to implement Clean
Air Act programs. OECA pursues national cases as appropriate and provides
technical and legal support to EPA regional offices as necessary and helps
oversee the implementation of state, territorial, Tribal, and local government
programs.

General EPA Activities

1.	Help improve air quality across the nation. Focus compliance monitoring and
enforcement work in underserved and overburdened communities. Look for
opportunities to minimize the impacts of climate change.

2.	Conduct compliance monitoring and enforcement activities to ensure
compliance with the CAA.

Activities where EPA is Directly Implementing the Program

3.	Consistent with the Reducing Air Toxics in Overburdened Communities NECI,
evaluate sources located near communities that are potentially emitting

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hazardous air pollutants in violation of the National Emission Standards for
Hazardous Air Pollutants (NESHAPs).

4.	Consistent with the Mitigating Climate Change NECI, reduce methane and
HAP emissions from oil and gas production and processing facilities, and from
municipal solid waste landfills.

5.	Evaluate sources with potential significant noncompliance in nonattainment
areas or sources with potential significant noncompliance that contribute to
nonattainment.

6.	Support the development of programs and standards to reduce GHG
emissions and evaluate sources subject to these programs.

7.	Evaluate sources without permits or with area source status that may be
misclassified and/or improperly permitted.

8.	Use advanced monitoring tools such as the Geospatial Monitoring of Air
Pollution (GMAP) and the Data Acquisition in Real Time (DART), data analysis
tools and other information such as non-attainment areas, ECHO Clean Air
Tracking Tool (ECATT), Air Toxics Screening Assessment data, chemical
toxicity data, tips and complaints, and input from delegated agencies, as
appropriate, to identify non-compliance.

EPA Activities in Authorized Programs (States, Territories, Tribes, or Local

Governments)

1.	Hold regular meetings and discussions with delegated agencies to promote
program implementation in accordance with national policy and guidance
such as the CMS, the CAA National Stack Testing Guidance.45 the Timely and
Appropriate Enforcement Response to High Priority Violations (HPV Policy)46,
and theG uidanee on FsdsrBlly^RsportBbls Violations for CIsbii Air Act
Stationary Sources (FRV Policy).47

2.	Provide training on new and existing Clean Air Act regulations and technical
support on compliance monitoring and enforcement activities as appropriate
and requested.

3.	Negotiate CMS plans or ACMS plans with delegated agencies. Maximize the
flexibilities by considering each agency's unique situation. Work together to
develop strategies to reduce the number of nonattainment areas and
address air pollution impacts to vulnerable populations.

4.	Continue reviewing state, Tribal, and territory implementation plan
submissions for enforceability and continue reviewing Title V permits.

Expectations for State, Territory, Tribal, or Local Government Activities in Authorized
Programs

1.	Meet CMS negotiated commitments annually.

2.	Make use of the flexibilities provided in the CMS or an applicable ACMS to
engage in innovative compliance monitoring and to address local priorities
and issues of concern.

3.	Initiate enforcement actions as appropriate and work to timely resolve
enforcement actions in accordance with national policy and guidance such as

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the HPV Policy and the FRV Policy.

4. Identify areas where EPA can provide assistance and/or build capacity.

CAA Title II, Fuels Enforcement Program

General Activities in the CAA Title II and the Act to Prevent Pollution from Ships

(APPS) Fuels Enforcement Program, which EPA Directly Implements

1.	Continue to investigate and prosecute violations of the fuels provisions of
Title II of the CAA and APPS.

2.	Ensure that all fuel and fuel additives produced, imported, and sold in the
United States meet required federal standards.

3.	Ensure that transportation fuel sold in the U.S. contains a minimum volume
of renewable fuel to reduce GHG emissions and reduce the use of petroleum
fuels. Renewable fuel producers and importers generate a renewable
identification number (RIN) for each gallon of renewable fuel. Petroleum
refiners and importers must acquire RINs to comply. Ensure that anyone
generating, transferring, or using RINs does so in accordance with the
regulations.

4.	Consistent with the CAA and the public interest, temporarily waive a control
or prohibition respecting the use of a fuel or fuel additive in response to
extreme and unusual fuel or fuel additive supply circumstances resulting
from a natural disaster or another event that could not reasonably have been
foreseen or prevented.

5.	Continue to investigate and prosecute violations of marine fuel standards
and requirements under the CAA and violations of international standards
contained in Annex VI to the International Convention on the Prevention of
Pollution from Ships (a treaty called MARPOL) under the authority of APPS.

CAA Title II, Vehicle and Engine Enforcement Program

General Activities in the CAA Title II, Vehicle and Engine Enforcement Program,

which EPA Directly Implements

1.	Continue to investigate and prosecute violations of prohibitions in section
203(a) of the CAA.

2.	Ensure that vehicles, engines, and equipment are properly covered by EPA-
issued certificates of conformity (or are properly exempt) when introduced
into United States commerce. During EPA certification, ensure the original
equipment manufacturers (OEMs) perform proper emissions testing and are
forthright with the EPA about the design of their product. Focus areas
include the use of undisclosed engine software, some of which may
constitute illegal defeat devices. Other focus areas include the failure to
honor emissions warranties, report emissions defects, and otherwise
inadequately maintain the emissions controls on vehicles, engines, and
equipment during their useful lives.

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3.	Evaluate emissions controls on vehicles, engines, and equipment for illegal
tampering. Focus on commercial fleets of trucks that remove filters and
catalysts from their vehicles, and maintenance shops that remove emissions
controls.

4.	Evaluate companies that manufacture, sell, offer for sale and/or install
aftermarket defeat devices. Focus on software products (commonly known
as "tuners" and "tunes") that are specifically designed to hack into and
reprogram engine software for the purpose of defeating emissions controls
in the engine (e.g., fueling strategy and exhaust gas recirculation) and in the
exhaust (e.g., filters and catalysts). Focus on hardware products that inhibit
exhaust gas recirculation systems, or that enable the removal of filters and
catalysts from the exhaust system.

5.	In partnership with U.S. Customs and Border Protection (CBP), target and
inspect goods at the point of importation to determine whether vehicles,
engines, and equipment being imported into the United States comply with
the CAA. Advise CBP on whether to seize or otherwise refuse to allow goods
into the United States.

CAA 112(r) Chemical Accident Prevention Compliance Assurance and Enforcement
Program

The compliance monitoring and enforcement activities for the CAA 112(r) program are
described below. See also sec	for a description of the Reducing Risks from

Accidental Releases at Industrial and Chemical Facilities National Enforcement and
Compliance Initiative.

EPA Activities

General EPA Activities

1.	Conduct all RMP inspections in accordance with the Guidance for Conducting
Risk Management Program Inspections Under Clean Air Act Section 112(r)48
(EPA 550-K-ll- 001, January 2011).

2.	Target a goal of conducting inspections at three percent of RMP facilities
annually in FY 2025-2026.

3.	Conduct at least 36% of RMP inspections at high-risk facilities. A limited
number (less than 20%) of annual inspections may be RMP non-filer and/or
CAA 112(r) GDC inspections.

4.	Increase the number of credentialed inspectors in the 112(r) program to
ensure adequate capacity to address non-compliance.

5.	Work collectively to address serious situations of non-compliance, with a
focus on protecting overburdened, vulnerable, and underserved
communities, from the risks posed by those facilities. Particular focus should
be placed on EJ and climate-related issues. Statistical information, such as co-
location, should be incorporated into effective targeting schemes.

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6.	Investigate facilities that experience significant chemical accidents to
determine compliance with CAA sections 112(r)(l) and (7) and pursue
appropriate enforcement responses for violations.

7.	As appropriate, evaluate facility compliance with Emergency Planning and
Community Right-to-Know Act (EPCRA) sections 304 and 311/312 and
CERCLA section 103 during RMP inspections.

Activities Where EPA is Directly Implementing the Program

1.	Directly implement the RMP program in non-delegated states, territories,
Tribes, and local governments.

2.	Ensure compliance with the GDC obligations. The Clean Air Act does not give
EPA the authority to delegate GDC.

Expectations for State, Territory, Tribal, or Local Government Activities in Authorized
Programs

1.	Ensure compliance with the RMP requirements.

2.	Initiate enforcement actions as appropriate and work to resolve them in a
timely manner.

2. Hydrofluorocarbon Compliance Monitoring and Enforcement, American
Manufacturing and Innovation (AIM) Act of 2020

Hydrofluorocarbon Compliance Monitoring and Enforcement Program

The compliance monitoring and enforcement activities for the AIM Act HFC program
are described below. See also section II.B, Key Enforcement and Compliance Activities
to Address Climate Change.

General Activities in the Hydrofluorocarbon Compliance Monitoring and
Enforcement Program, which EPA Directly Implements

1.	Ensure the phase down of the production and consumption of climate
damaging HFCs in the United States by 85% over the next 15 years.

2.	Together with the Office of Air and Radiation (OAR) and the Department of
Homeland Security (DHS), lead a federal interagency task force to prevent
the illegal import and trade of HFCs.

3.	In partnership with DHS's CBP, target and inspect goods at the point of
import to determine whether HFCs being imported into the United States
comply with the AIM Act. Coordinate with CBP on the final disposition of
violative HFC imports.

4.	Investigate and seek prosecution for civil and criminal violations of the AIM
Act. Use compliance monitoring tools and enforcement authority to address
violations and bring parties back into compliance to protect air quality, deter
noncompliance, and provide a level playing field for regulated entities across
the country.

5.	Ensure that all HFCs regulated under the AIM Act and imported into the
United States meet required federal standards.

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6. As part of the Climate Change NECI, EPA HQ will assist regions in developing
expertise to conduct HFC related inspections and pursue follow-up
enforcement.

3. Clean Water Act (CWA)

National Pollutant Discharge Elimination System (NPDES) Compliance Assurance and
Enforcement Program

To date, 47 states and the Virgin Islands have applied for and received authorization
from the EPA to implement the CWA Section 402 NPDES permit program. The
EPA directly implements the program in three states (Massachusetts, New Hampshire,
and New Mexico), the District of Columbia, Puerto Rico, U.S. Pacific Island Territories,
and in Indian country as well as elements of the NPDES program for which a state or
territory is not fully authorized. Essential EPA compliance monitoring and enforcement
activities for the CWA NPDES program are described below.

EPA Activities

General EPA Activities

1.	Conduct EPA NPDES compliance monitoring and enforcement activities to
ensure NPDES permittees are complying with the CWA and
regulatory/permit requirements and continue reducing the rate of significant
noncompliance. Focus compliance monitoring and enforcement work in
underserved and overburdened communities. Look for opportunities to
minimize the impacts of climate change.

2.	While many municipalities with raw sewage and stormwater discharge
problems are working to address these issues through enforceable long-term
agreements, these types of water pollution still pose significant threats to
our lakes, rivers, and streams. EPA will continue to address combined sewer
overflows, sanitary sewer overflows and municipal separate storm sewer
system violations and monitor the progress of these long-term agreements,
ensuring they are adapted to include green infrastructure practices, new
pollution control technology and climate resilience and adaptation designs
where appropriate.

3.	EPA will continue to work with authorized states to identify and address
illegal discharges of contaminated stormwater from industrial facilities and
construction sites and to ensure all NPDES-regulated entities that need a
stormwater permit have one and are in compliance with it.

4.	EPA, in collaboration with authorized states, will continue to conduct
inspections and take enforcement actions to address CWA violations at
concentrated animal feeding operations with the goal of protecting human
health and reducing water quality impairment from animal wastes.

5.	Continue to refer matters to and coordinate with EPA's Center of Excellence
for Biosolids.

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6.	Provide hands-on technical assistance and training to overburdened systems
in need of help returning to compliance via OECA's Compliance Advisor
Program, in collaboration with regions, states and Tribes.

7.	Implement NPDES regulatory requirements for electronic reporting49 and
work with authorized states, territories, and Tribes to ensure they implement
the requirements.

8.	Following joint planning, encourage authorized states to focus on
ensuring that NPDES SNC/Category I violations are timely and appropriately
addressed.

9.	Meet the timely and appropriate enforcement response guidelines in
EPA's NPDES Enforcement Management System (NPDES EMS).50

Activities Where EPA is Directly Implementing the Program

1.	To ensure the most important water pollution problems are addressed,
prioritize pollution problems involving NPDES-regulated point sources with
serious violations and potential water quality or human health impacts for
compliance monitoring inspections and, where

appropriate, take enforcement actions.

2.	Timely review self-monitoring reports from regulated entities and take timely
and appropriate action to address NPDES SNC/Category I violations.

3.	Implement the pretreatment program and other aspects of the NPDES
program where the EPA is the permitting authority per statutory and
regulatory requirements and consistent with applicable EPA guidance and
policy.

Expectations for State, Territory, Tribal, or Local Government Activities in Authorized

Programs

1.	Implement NPDES regulatory requirements for electronic reporting.

2.	Follow the inspection goals or plans developed under the NPDES CMS51 or
approved Alternative CMS.

CWA Section 404 Discharge of Dredge and Fill Material Compliance Assurance and

Enforcement Program

The compliance monitoring and enforcement activities for the CWA Section 404

Discharge of Dredge and Fill Material program are described below.

EPA Activities

General EPA Activities

1.	Consider referrals from U.S. Army Corps of Engineers (Corps) Districts under
the 1989 memorandum of agreement (MOA),52 recognizing the role of the
Corps as the lead agency for enforcement for all but specifically identified
cases, areas and activities.

2.	Coordinate, as appropriate, with other federal and state, territorial, and
Tribal agencies (e.g., Corps, Natural Resources Conservation Service (NRCS),
U.S. Fish and Wildlife Service (USFWS), and National Marine

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Fisheries Service (NMFS)), which have significant roles in protection of
regulated waters.

3.	Meet with Corps Districts on an annual basis to establish regional priorities,
and review field level agreements with Corps Districts and revise them to
ensure consistency, as appropriate.

4.	Work with the Corps Districts to identify potential repeat or flagrant
unpermitted activity.

5.	Utilize existing regional cross training opportunities as well as opportunities
identified by OECA to cross-train inspectors and to train other federal and
state, territorial, and Tribal agencies, and stakeholders to identify CWA
Section 404 violations.

Activities Where EPA is Directly Implementing the Program

6.	Utilize inspection and information gathering authorities to investigate
compliance with the CWA Section 404 program.

7.	Develop enforcement actions to address unpermitted activity by repeat or
flagrant violators or where the Corps has referred a case to the EPA.

EPA Activities in Authorized Programs (States, Territories, Tribes, or Local

Governments)

8.	Monitor and ensure compliance with the MOA and applicable federal
regulations governing administration of CWA Section 404 between the State
of Michigan and EPA Region 5, the MOA and applicable regulations governing
administration of CWA Section 404 between the State of New Jersey and EPA
Region 2, the MOA and applicable regulations governing administration of
CWA Section 404 between the State of Florida and EPA Region 4, and the
MOA and applicable regulations governing administration of CWA Section
404 for any state (with the appropriate EPA Region) which may assume the
program.

Expectations for State, Territory, Tribal, or Local Government Activities in Authorized
Programs

1. Comply with the MOA and applicable federal regulations governing

administration of CWA Section 404 between the State of Michigan and EPA
Region 5, the MOA and applicable regulations governing administration of
CWA Section 404 between the State of New Jersey and EPA Region 2, the
MOA and applicable regulations governing administration of CWA Section
404 between the State of Florida and EPA Region 4, and the MOA and
applicable regulations governing the administration of CWA Section 404 for
any state (with the appropriate EPA Region) which may assume the program.
At present, Michigan, Florida, and New Jersey are the only states authorized
to implement the CWA Section 404 program.

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CWA Section 311 Oil Pollution Act Compliance Assurance and Enforcement Program

The compliance and enforcement activities for the CWA Section 311 Oil Pollution
Act program are described below. EPA directly implements this program
throughout the country.

EPA Activities

1.	Target, inspect, and investigate facilities subject to the EPA Oil Spill
Prevention and Response Program per the Office of Land and Emergency
Management's (QLEM's) National Program Guidance53 and take appropriate
enforcement responses at facilities in non-compliance with Spill Prevention,
Control, and Countermeasure (SPCC) and Facility Response Plan

(FRP) regulatory requirements.

2.	Develop enforcement cases to address response plan violations at multiple
facilities owned or operated by the same company. Where appropriate,
consider use of company-wide injunctive relief requirements to bring all
facilities of the owner or operator into compliance.

3.	Conduct oil discharge enforcement investigations to identify and address
significant discharge violations that reach waters of the United States.

4.	Coordinate enforcement actions with the Pipeline and Hazardous Materials
Safety Administration (PHMSA), recognizing that PHMSA is the regulatory
authority at transportation related facilities. This coordination might include
development of enforcement cases to address jurisdictional spills on a
company-wide basis.

5.	Defer to the Coast Guard, as appropriate, for oil discharges in the coastal
zone.

6.	Coordinate with states to address jurisdictional oil discharges from
transportation-related facilities not regulated by PHMSA, recognizing the
state as the regulatory authority for such facilities.

7.	Whenever enforcement is pursued at non-transportation related
onshore facilities subject to EPA regulations, the case development staff
should evaluate all potential violations of CWA Section 311 and underlying
regulations and consider including claims in the enforcement case to address
spills and non-compliance with EPA regulations. The case team should
consider appropriate penalties and actions necessary to bring a facility back
into compliance and deter future noncompliance.

4. Safe Drinking Water Act (SDWA)

SDWA Public Water Systems (PWSs) Compliance Assurance and Enforcement
Program

Currently 49 states and the Navajo Nation have primary enforcement responsibility
under SDWA Section 1413 for the PWS program (i.e., primacy). EPA directly
implements the PWS program in Wyoming, the District of Columbia, and in Indian
country (except the Navajo Nation).

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The compliance monitoring and enforcement activities for those who oversee and
those who implement the SDWA PWS Supervision Program are described
below. These activities support the Strategic Plan goal to ensure clean and safe water
by improving compliance at community water systems regulated under the SDWA.
See also section II.C.5 for a description of the Increasing Compliance with Drinking
Water Standards at Community Water Systems National Enforcement and Compliance
Initiative.

EPA Activities

General EPA Activities

1.	Conduct EPA compliance monitoring and enforcement activities to ensure: 1)
PWSs are complying with the SDWA and its regulatory requirements; 2)
primacy agencies and owners/operators of PWSs assess and address
potential drinking water emergencies in a timely and effective manner; 3)
ensure a rapid response for PWSs whose noncompliance poses a risk to
public health, including ensuring timely notice to impacted community,
addressing provision of alternative water if appropriate, and taking
enforcement actions to address noncompliance or other risks to public
health; 4) compliance with civil judicial consent decrees and administrative
orders; 5) consistent implementation of EPA guidance and policies; and 6)
the overall integrity of the PWS program is maintained.

2.	Meet regularly with the Office of Water and primacy agencies to discuss PWS
program priorities, improve coordination and collaboration, and avoid
duplication of effort.

3.	Develop strategies for targeting compliance assurance work and annual plans
that consider the following focus areas as a high priority:

•	PWSs with violations and/or identified significant deficiencies, especially
those significant deficiencies involving a written compliance plan and
schedule of more than 12 months' duration and significant deficiencies
related to technical, managerial, or financial capacity.

•	PWSs for which the EPA has reason to believe are at risk, including of
future serious noncompliance (e.g., using predictive analytics).

4.	Conduct PWS inspections, including EPA only or joint inspections with
primacy programs, and other field activities to ensure that PWSs are
addressing violations, correcting identified significant deficiencies, and are
otherwise in compliance with SDWA.

5.	Collaborate with states, Tribes, and territories to ensure appropriate
intervention (including enforcement) to address public health emergencies,
resolve violations and prevent future serious noncompliance.

6.	Prioritize CWSs for evaluation considering factors such as historical or current
lead action level exceedances under the Lead and Copper Rule and systems
with a high inventory of lead service lines, which is consistent with the goals
and measures of the CWS NECI.

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7.	Conduct EPA compliance monitoring and enforcement activities to ensure
compliance with SDWA section 1417, including that PWSs use "lead free"
plumbing products in their systems as required by the law.

8.	Initiate enforcement actions pursuant to SDWA section 1414 to resolve
violations of applicable requirements.

9.	Utilize SDWA section 1431 to address potential imminent and substantial
endangerments involving PWSs or underground sources of drinking water.

10.	Utilize SDWA Section 1433 to focus on cybersecurity threats and ensure that
CWSs serving more than 3,300 persons conduct a Risk and Resilience
Assessment of its system and develop, or update, an Emergency Response
Plan. This is now an ongoing, rolling certification requirement every five
years.

11.	Timely report data to ICIS and any applicable programmatic databases of
record.

12.	Provide hands-on technical assistance and training to overburdened systems
in need of help returning to compliance via OECA's Compliance Advisor
Program, in collaboration with states and Tribes.

Activities Where EPA is Directly Implementing the Program

13.	Directly implement the program pursuant to SDWA Part B—Public Water
Systems.

EPA Activities in Authorized Programs (States, Territories, Tribes, or Local

Governments)

14.	Collaborate with primacy programs to conduct and review sanitary surveys.

15.	In coordination with EPA's Office of Water, perform periodic evaluations of
primacy agencies' enforcement programs. See also section IV.A.5 State and
Direct Implementation Program Oversight and Implementation.

Expectations for State, Territory, Tribal, or Local Government Activities in Authorized
Programs

1.	Implement the approved program consistent with codified authorities and
agreements, as reflected in the SDWA Part B - Public Water Systems.

2.	Conduct inspections and other field activities to ensure that PWSs are
addressing violations, correcting identified significant deficiencies and are
otherwise in compliance with SDWA.

3.	Assess SDWA Section 1433 compliance at community water systems to
mitigate the risk of cybersecurity threats and provide resources to owners
and operators of public water systems to assist in cybersecurity assessments.

4.	Ensure appropriate intervention (including escalated enforcement) to resolve
violations and prevent future serious noncompliance.

5.	Take appropriate and prompt action, which may include public notice,
provision of alternative water or enforcement when appropriate, to address
time critical situations in which the public's health may be threatened.

6.	Work with EPA to conduct enforcement reviews of primacy agency drinking
water programs.

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7.	When compliance schedules or orders are being developed, renewed, or
modified, coordinate to ensure that they contain clear schedules and
deadlines and allow for further intervention as appropriate.

8.	Participate in any EPA lead workgroup as appropriate, workgroups including
states may focus on implementation of new and upcoming requirements.

SDWA Underground Injection Control (UIC) Compliance Assurance and Enforcement
Program

The SDWA authorizes EPA to enforce violations of applicable UIC requirements, under
SDWA 1423, and to take action to address imminent and substantial endangerment
(including endangerments to underground sources of drinking water), under SDWA
1431. Many states have primary enforcement responsibility, or primacy, under SDWA
Section 1422 or 1425 for the UIC program. EPA directly implements the UIC program
in states, territories, and Indian country without primary enforcement authority.

EPA may grant primacy for all or part of the UIC program, based on well class. In some
jurisdictions, primacy for the UIC program may be shared between a primacy agency
and EPA or divided among different state, territorial, or Tribal authorities. EPA
approved UIC primacy programs for well classes I, II, III, IV, and V in 32 states and
three territories. Two states have primacy for well classes I, III, IV, and V and two
states have primacy for Class VI. Additionally, seven states and two Tribes have
primacy for Class II wells only.

The compliance monitoring and enforcement activities for the SDWA UIC Program are
described below.

EPA Activities

General EPA Activities

1.	Focus UIC compliance and enforcement efforts on alleged violations that
pose the greatest threat to public health and alleged violations that may
contaminate or endanger underground sources of drinking water,
particularly in vulnerable and overburdened communities.

2.	Utilize the 1987 Underground Injection Control Program Compliance Strategy
for Primacy and Direct Implementation Jurisdictions, or an appropriate
regional enforcement strategy, to the extent practicable.

3.	Initiate enforcement actions pursuant to SDWA section 1423 to resolve
alleged violations, where appropriate.

4.	Utilize SDWA section 1431 to address imminent and substantial
endangerment to public health stemming from contamination by UIC wells,
where appropriate.

Activities Where EPA is Directly Implementing the Program

5.	Directly implement the program pursuant to SDWA and its implementing
regulations at 40 C.F.R. Parts 144-149.

EPA Activities in Primacy Programs (States, Territories, Tribes, or Local

Governments)

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6. Oversee primacy programs to assess the effectiveness of UIC programs,
especially in states, territories, or Tribes that recently received primacy.

Expectations for State, Territory, Tribal, or Local Government Activities in Primacy
Programs

1.	Implement the approved program consistent with codified authorities and
agreements, as reflected in 40 C.F.R. Part 147.

2.	Coordinate with EPA to review draft primacy program regulations
throughout the development process including drafting and finalizing stages.

3.	Update or add finalized primacy UIC regulations in 40 CFR Part 147 to ensure
proper codification and enforceability.

5. Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA)
CERCLA Enforcement Program

The enforcement activities for CERCLA (also referred to as Superfund) are described
below. EPA directly implements CERCLA.

General EPA Activities in the CERCLA Program, which EPA Directly Implements

1.	The CERCLA cleanup enforcement program protects communities by
ensuring that potentially responsible parties (PRPs) perform and pay for
cleanups at Superfund sites and by encouraging third party investment in
cleanup and reuse of Superfund sites.

2.	These actions expand the Agency's ability to clean up hazardous waste sites
across the country, to bring human exposure under control, and to facilitate
reuse of Superfund sites.

3.	Use CERCLA enforcement tools to maximize PRP performance and payment
for cleanup:

•	Identify and negotiate with PRPs as early as possible to perform or fund
response activities.

•	Utilize enforcement tools and settlement incentives to obtain prompt
cleanup commitments from PRPs.

•	Maximize recovery of response costs. For sites that still have future work
needs, place those funds in Special Accounts to ensure continuation of
cleanup work for those specific sites.

4.	Accelerate PRP response action starts and PRP cleanup implementation:

•	Initiate timely Remedial Design/Remedial Action (RD/RA) negotiations
after the Record of Decision issuance.

•	Complete RD/RA negotiations within one year (or sooner) from the start
of negotiations.

•	If necessary, bifurcate RD work from RA work, with the goal of getting
design started while negotiations continue.

•	Identify opportunities to increase the timeliness of PRP-lead actions
under CERCLA and ensure long-term protection.

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5.	Facilitate redevelopment of sites by encouraging third-party participation in
CERCLA cleanups:

•	Use prospective purchaser agreements, comfort/status letters and other
enforcement tools to address the liability concerns of prospective
purchasers and other third parties to foster the cleanup and
redevelopment ofSuperfund sites.

6.	Ensure effective use of Institutional Controls (ICs) to protect communities
and facilitate Superfund remedies:

•	Support comprehensive IC assessment and planning in coordination with
state and local partners to implement ICs earlier in the cleanup process.

•	Use enforceable mechanisms, monitoring systems, informational
devices, and oversight strategies to ensure IC compliance and
engagement with community stakeholders.

7.	Use enforcement as a tool, throughout the CERCLA process to more quickly
secure cleanup to prioritize communities that are overburdened and
underserved.

6. Resource Conservation and Recovery Act (RCRA)

RCRA Subtitle C and D Compliance Assurance and Enforcement Programs

The compliance monitoring and enforcement activities RCRA Subtitle C and D
programs are described below. See also section II.C.4 for a description of the Coal Ash
National Enforcement and Compliance Initiative.

EPA Activities

General EPA Activities

1.	Meet the inspection goals as stated in the RCRA CMS.

2.	EJ: Prioritize compliance monitoring and enforcement of non-complying
facilities that are located in vulnerable or overburdened communities
and pursue additional benefits for these communities in settlements.

3.	Climate Change: In addition to the co-benefit of reducing contribution to
climate change through existing enforcement and compliance efforts (e.g.,
implementing the Coal Ash program and bolstering emergency preparedness
requirements of TSDFs vulnerable to impacts from extreme weather), use
existing and possibly develop new targeted tools to reduce the production of
GHG emissions from waste manufacturing and disposal.

4 Training Opportunities: EPA intends to provide state trainings about various
topics, including RCRA air provisions. In addition, there are training
opportunities already available on FedTalent for FedTalent registered users,
including for states.

5. Directly implement the RCRA Subtitle C program. EPA currently directly
implements the program in Alaska, Iowa, the Pacific Territories, Puerto Rico,
Virgin Islands, and Indian country.

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6.	Meet statutory requirements to conduct a minimum number of inspections
annually for TSDFs, operated by federal, state/local governments, and
biennially for non-governmental TSDFs.

7.	Consider the following focus areas as a high priority when developing
strategies for targeting compliance assurance work and annual plans for
respective activities in the regions:

•	PFAS: Consistent with EPA's Addressing Exposure to PFAS NECI and
PFAS Strategic Roadmap,54 EPA will continue to seek to achieve site
characterization, control ongoing releases that pose a threat to human
health and the environment, ensure compliance with permits and other
agreements to prevent and address PFAS contamination, and address
endangerment issues as they arise. While the regulatory framework for
PFAS continues to develop across multiple statutes, EPA has already
taken a number of enforcement actions to ensure compliance with
existing statutes, including action to address an imminent and
substantial endangerment to communities. EPA will increase those
efforts including using RCRA corrective action and cleanup statutory
enforcement authorities as appropriate (i.e., RCRA section 3008(h),
section 3013, and section 7003). See also section II.C(2) for a
description of the Addressing Exposure to PFAS NECI.

•	RCRA AA/BB/CC: Ensure that all RCRA Comprehensive Evaluation
Inspections (CEIs) at TSDFs and LQGs assess applicability of the
hazardous waste air emission standards and, where possible, include
LDAR monitoring. Regions should coordinate with OECA in advance of a
planned inspection if it will not include LDAR monitoring in case
additional resources can be made available.

•	Off-Site Compliance Monitoring: Participate in data collection efforts on
outcomes related to use of off-site compliance monitoring.

•	Improper treatment at TSDFs/Waste Analysis Plans at TSDFs: Ensure
proper characterization of incoming wastes, treatment and stabilization
techniques, and the sampling and analysis of hazardous waste treated
to meet the Land Disposal Restriction treatment standards for land
disposal.

•	RCRA Data Integrity: Perform analyses of different sources of generator
data (e.g., e-Manifest, Metabase, BR data, TSDF reports) to enhance
targeting efforts and identify instances of non-reporters, conflicting
data, and potential underreporting. Regions are encouraged to use
Smart Tools to capture inspection and off-site compliance monitoring
data to enhance data integrity.

•	Core-RCRA Requirements: Assure compliance and enforcement of core
RCRA requirements such as generator status, hazardous waste
determinations, and proper treatment and disposal.

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• RCRA Corrective Action: Target and investigate facilities that have not
made meaningful progress in achieving corrective action objectives,
and financially marginal or bankrupt facilities. Monitor compliance with
orders and permits, identify substantial noncompliance with such
instruments, and take enforcement actions where appropriate. Monitor
compliance with all corrective action requirements including long-term
engineering and institutional controls.

8.	Track TSDF inspection frequency for both operating and closed-with-waste-
in-place facilities consistent with the legal provisions and policies described
in the RCRA CMS.

9.	Encourage states to participate in data collection on outcomes related to off-
site compliance monitoring.

Expectations for State, Territory, Tribal, or Local Government Activities in Authorized

Programs

1.	Meet statutory requirements to conduct a minimum number of thorough
inspections annually for TSDFs operated by federal, state/local governments,
and biennially for non-governmental TSDFs.

2.	Address, in annual work plans, the annual inspection goals stated in the RCRA
CMS. States may use the flexibilities described in the RCRA CMS.

3.	When permits or orders are being developed, renewed, or modified,
coordinate to ensure that they contain clear schedules for enforcement
processes as appropriate.

RCRA Coal Combustion Residuals (CCR) Compliance Assurance and Enforcement

Program

EPA Activities

General EPA Activities in the RCRA CCR Compliance Assurance and Enforcement
Program

1.	Assess compliance with the CCR Rules, including reviewing documents
posted to facility CCR web sites, and develop appropriate enforcement
responses.

2.	Support OLEM and the efforts to establish and implement the overall CCR
program.

3.	Ensure coordination with regional and state non-CCR programs that may be
regulating and/or permitting CCR units.

Activities Where EPA is Directly Implementing the Program

4.	Utilize EPA's authority to enforce requirements for CCR surface
impoundments and landfills. Prioritize and address the most serious CCR
violations at coal burning utilities, which may include assessing appropriate
penalties and developing injunctive relief to address violations at those CCR
units that pose the greatest risk to human health and the environment of the
communities around the facilities.

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5.	Coordinate compliance assessments and enforcement actions, as necessary,
with states that do not have an approved CCR program and offer general and
subject specific CCR training for states that request such training.

6.	Coordinate compliance assessments and enforcement actions, as necessary,
with Tribal and Territory Governments, and offer general and subject specific
CCR training for those governments that request such training.

EPA Activities in States with Approved Programs

7.	Coordinate with states as they continue to implement their approved CCR
programs and ensure facility noncompliance is addressed through state and
EPA efforts, as appropriate.

8.	Offer CCR training opportunities.

Expectations for States with Approved Programs

1. Coordinate with EPA to implement and enforce the CCR regulations.

RCRA Underground Storage Tank (UST) Subtitle I Compliance Assurance and
Enforcement Program

A major focus of the RCRA Subtitle I program (RCRA UST program) is to maintain an
enforcement presence concerning leak prevention, leak detection, corrective action,
closure, and financial responsibility violations. The compliance monitoring and
enforcement activities for the RCRA UST program are described below.

EPA Activities

Activities Where EPA is Directly Implementing the Program

1.	Directly implement the UST program in Indian Country and where a state or
territory has not received program approval and is not operating under a
memorandum of agreement with EPA.

2.	Work to incorporate EJ considerations throughout enforcement activities
(from inspection targeting strategies to enforcement remedies).

3.	Inspect USTs at least once every three years to determine compliance with
RCRA Subtitle I and the underground storage tank regulations.

4.	Consider the following focus areas as high priority when developing
strategies for monitoring compliance:

•	UST operation and maintenance requirements:

•	UST systems deferred in the 1988 UST regulations.

•	UST system Class A, B, and C operator training/verification of knowledge
requirements met (new 2018 requirement).

5.	When appropriate, issue field citations, expedited settlements, and
prohibitions on delivery to achieve quick return to compliance while
efficiently stewarding Agency resources.

6.	Optimize compliance and deterrence by addressing noncompliance on a
corporate-wide basis.

7.	Work with the states on enforcement-related matters (including the use of
delivery prohibition, where appropriate) to address significant

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noncompliance.

EPA Activities in Authorized Programs (States, Territories, Tribes, or Local
Governments)

8. Where states request that the EPA take the lead, meet statutory
requirements for UST inspections that will produce the greatest
environmental and human health benefits, and when taking enforcement
actions, utilize cost effective tools such as field citations or expedited
settlements, when appropriate. Factors to consider in identifying facilities for
inspection under the UST program include:

•	Owners and operators managing UST facilities in multiple states,

•	Mid-level distributors operating multiple UST facilities,

•	Problem non-compliers (i.e., repeat violators; owners/operators who fail
to cooperate in an effort to return to compliance),

•	Owners and operators of facilities with USTs that endanger sensitive
ecosystems or sources of drinking water,

•	Corporate, government-owned, and federal central fueling facilities; and

•	Owners and operators of UST facilities in areas with potential EJ
concerns.

Expectations for State, Territory, Tribal, or Local Government Activities in Authorized
Programs

1.	States have primary responsibility for determining facility compliance,
ensuring adequate inspection coverage of the regulated universe, and taking
appropriate actions in response to non-compliance.

2.	Meet statutory requirements to conduct UST inspections in a manner that
will produce the greatest environmental and human health benefits,
including meeting statutory requirement to inspect each UST at least once
every three years.

3.	Ensure that the most serious instances of noncompliance are addressed
through targeted inspections and enforcement.

4.	Optimize compliance and deterrence through the use of delivery prohibition
and other efficiencies.

5.	Ensure compliance with UST compatibility requirements with new and
emerging fuels.

7. Toxic Substances Control Act (TSCA)

TSCA Lead Risk Reduction Compliance Assurance and Enforcement Program

The compliance monitoring and enforcement activities for the TSCA Lead Risk
Reduction program are described below. EPA implements the Lead Disclosure Rule
nationwide. Most states are authorized to implement and enforce programs
equivalent to the Lead-based Paint Activities Rule, and fifteen states and one Tribe are
authorized by the EPA to implement and enforce federally equivalent Renovation,
Repair and Painting (RRP) programs. Reduction of lead exposure continues to be a top
priority for the Enforcement and Compliance Program through supporting EPA's 2022

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Strategy to Reduce Lead Exposures and Disparities in U.S. Communities (Lead
Strategy)55 and the 2018 Federal Action Pian to Reduce Childhood Lead Exposures and
Associated Health impacts.56

EPA Activities

General EPA Activities

The EPA focuses its Lead Paint compliance and enforcement activities on the RRP
Rule and the Lead Disclosure Rule. The agency's secondary focus is on compliance
and enforcement of the Lead Activities Rule in the limited jurisdictions without an
authorized state or Tribal program. The regions are expected to incorporate into
their programs the focus area activities and approaches (described below) to
maximize the deterrent effect of enforcement actions while supporting and
complementing existing regional Lead Paint compliance assurance plans,
prioritizing work in vulnerable and overburdened communities. Overall, regions
should:

1.	Target compliance monitoring and, as appropriate, take cases against
regulated entities whose violations of Lead Paint rules are most likely to
cause potential lead exposures. Regions should assess compliance with both
the RRP and Lead Disclosure Rules but are not expected to prioritize
enforcement of one rule over the other unless the potential lead paint
exposures and needs of a particular community necessitate a heightened
focus on renovation activities over disclosure activities, or vice versa.

2.	Conduct inspections and other compliance monitoring activities in
accordance with applicable guidance, including but not limited to the
Inspection Manual for the Lead RRP Rule. To continue the EPA strategic goal
of advancing EJ, regions should use the resources and tools in the EJ Toolkit
for Lead Paint Enforcement Programs in conducting such activities.

3.	Implementing the Agency's Strategy to Reduce Lead Exposures and
Disparities in U.S. Communities

1. Consistent with the Enforcement and Compliance Program's role

implementing the Agency's Lead Strategy (described above and on page
13 infra), the national Lead Paint enforcement and compliance program
will direct enforcement resources to at least one community with
environmental justice concerns in each Region, to help address the
exposures to lead in that community and take appropriate enforcement
action. As well as, each year, publicly report on national statistics related
to lead cleanups and inspections, including whether the inspections
occurred in communities with environmental justice concerns.

Activities Where the EPA is Directly Implementing the Program

3. Large Firms

Regions should focus resources on and prioritize investigations of regulated
individuals, renovation firms, general contractors, property management
companies, apartment owners, real estate professionals, housing agencies,
and others (collectively, "firms") whose activities or properties have the

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potential to put the most individuals at risk of exposure to lead paint.
Indicators of a firm's significant potential impact may include, for example,
performing renovations in a high volume of homes or child-occupied facilities
or managing or conducting a large number of transactions requiring lead
disclosure. Such firms include (but are not limited to) businesses that operate
through multiple locations throughout a state, region, or nationwide; or a
large business that operates through a single location that conducts many
renovations or manages many properties.

4.	Geographic Initiatives

Regions should continue to use targeted geographic approaches to focus
EPA's compliance and enforcement resources for maximum impact. In
addition to focusing on large firms (as described above), regions should
conduct at least one geographic initiative per year, and the initiative(s)
should strive to effectuate the Enforcement and Compliance Program's
commitments in EPA's Lead Strategy, especially to strengthen compliance in
communities with EJ concerns.

The geographic initiative may overlap with the Focus on Large Firms or be
separately targeted, but regions should collaborate with programmatic staff
to leverage other EPA community-focused outreach and compliance tools,
especially outreach by the Office of Pollution Prevention and Toxics. Regions
should consider locales based on factors discussed in the geographic
initiative's implementation principles and the TSCA Compliance Monitoring
Strategy which include, among other things, indicators of disproportionate
impact from lead exposures, EJ concerns, a concentration of elevated blood-
lead levels and/or pre-1978 properties, and opportunities to partner with
other stakeholders, including community groups, tenant organizations, local
code enforcement offices, Tribal agencies, housing agencies and other co-
regulators.

Regions are encouraged to assess the impact and effectiveness of their
geographic initiatives by tracking outcomes such as, for example, outreach to
firms, new firm and renovator certifications, abatements, distribution of lead
hazard information to tenants, and other lead hazard reduction outcomes in
the selected community.

EPA Activities in Authorized Programs (States, Territories, Tribes, or Local

Governments)

5.	For authorized states and Tribes receiving TSCA State and Tribal Assistance
Grant (STAG) funding, regions must submit an electronic copy of the state
submitted End-of-Year Report for each Lead-based Paint program funded
through the Toxics Substances Compliance Monitoring Grant program.

6.	Conduct appropriate oversight of authorized state § 402 and § 406
programs.

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Expectations for State, Territory, Tribal, Local Government Activities in Authorized
Programs

Cooperate with the EPA through existing TSCA authorities to protect human health
and the environment more effectively from exposure to lead-based paint by:

1.	Utilizing TSCA STAG funds following existing policies and guidance.

2.	Where authorized, conducting lead paint compliance monitoring and
enforcement activities.

3.	Where authorized, implementing the RRP, abatement, and pre-renovation
education programs.

TSCA New and Existing (Core TSCA) Chemicals Compliance Assurance and
Enforcement Programs

The program is federally implemented and not delegable to states, territories, or
Tribes. Proper implementation of the TSCA amendments is one of EPA's top priorities.

EPA Activities in the Core TSCA Compliance Assurance and Enforcement Program,
which EPA Directly Implements

1.	Work collectively on the focus areas outlined herein to monitor compliance
and develop high-impact cases.

2.	Conduct inspections in accordance with applicable guidance, including, but
not limited to, the Core TSCA Inspection Manual.

3.	Target a goal of conducting at least 50% of inspections or off-site compliance
monitoring activities at facilities manufacturing, processing, or using
chemicals regulated by Section 4, 5, or 6 orders and rules.

4.	Focus enforcement on the new regulatory and statutory requirements
introduced by the amended Frank R. Lautenberg Chemical Safety for the 21st
Century Act.

a.	The amendments to TSCA Section 4 gave EPA authority to issue orders
to manufacturers and processors of certain chemical substances
requiring the development of testing. In coordination with the Office of
Pollution Prevention and Toxics (OPPT), OECA and Regions should
monitor for the timely and complete submission of testing in accordance
with the requirements listed in Section 4 test orders.

b.	The amendments to TSCA Section 6 require EPA to issue regulations
on High Priority Substances and chemicals that meet the statutory
criteria for persistent, bioaccumulative, and toxic chemicals. OECA and
Regions should monitor compliance with these regulations. Conduct
inspections in accordance with applicable guidance, including, but not
limited to, the Core TSCA Inspection Manual.

5.	OECA and Regions should monitor compliance with chemical reporting and
record keeping requirements pursuant to TSCA Section 8, such as the PFAS

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8(a)(7) Reporting Rule, the 2024 Chemical Data Reporting Rule requirements,
and substantial risk notifications under TSCA section 8(e).

6.	OECA and Regions should monitor chemical substances and articles imported
into the United States for compliance with TSCA Sections 5, 6, and 13.

7.	OECA and Regions should investigate facilities subject to TSCA Section 5
orders and rules with a focus on orders and rules with workplace protection
requirements and chemicals used in the plastics industry.

8.	OECA and Regions should place special emphasis on chemicals of concern
such as PFAS, Persistent, Bioaccumulative, and Toxic (PBT) substances, and
other high priority substances identified in EPA's Chemical Prioritization
Process.

TSCA Polychlorinated Biphenyls (PCBs) Compliance Assurance and Enforcement
Program

The PCB program under TSCA § 6(e) covers the manufacture, processing, distribution
in commerce, use, disposal, and cleanup of PCBs. The program is federally
implemented and not delegable to states, territories or Tribes. However, eight states,
through cooperative agreements, conduct inspections with federal credentials on
EPA's behalf. In implementing the federal program, EPA's intent is to provide flexibility
for regional TSCA initiatives to consider unique regional situations, available
resources, and approaches including integrating PCB compliance monitoring into their
inspection processes and protocols when inspecting a facility subject to other
statutory requirements.

EPA Activities

General EPA Activities

1.	Work collectively on nationally significant focus areas to take high-impact
cases to prevent, reduce or eliminate releases of PCBs to the environment.

2.	When directing compliance monitoring and enforcement efforts, prioritize
sites in proximity to vulnerable communities and sub-populations (e.g.,
children).

Activities Where EPA is Directly Implementing the Program

3.	As part of Regional strategic planning, Regions should consider the following
focus areas when developing plans for compliance monitoring and
enforcement:

•	PCB spills, abandoned buildings still containing electrical equipment and
uncontrolled disposal sites, located in communities with EJ concerns and
other large residential communities, should be inspected. Responsible
parties or redevelopers, able to remediate these sites, should be
compelled through enforcement mechanisms or assisted using regulatory
or policy tools, to conduct site cleanups.

•	Approved commercial PCB storage, treatment or land disposal facilities in
coordination with state and tribal RCRA programs, as those resources are
available.

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•	Unapproved facilities (e.g., used oil recyclers, wastepaper recycling mills)
should be inspected as resources permit.

•	Respond to "tips and complaints" that have the potential for illegal
disposal or significant exposure to PCBs.

4. The TSCA PCB program under TSCA § 6(e) is federally implemented and
cannot be delegated. However, most states and territories regulate PCBs
under their state clean water, clean air, or hazardous waste programs. EPA
will continue to explore opportunities to coordinate compliance monitoring
and enforcement activities with states that regulate PCBs under state
programs and territories and Tribes that develop such programs.

Expectations for State, Territory, and Tribal Programs

1. Implement the agreed-upon work plan in cooperative agreements, where
applicable.

TSCA Asbestos Hazard Emergency Response Act (AHERA) Compliance Assurance and
Enforcement Programs

EPA is responsible for implementing the TSCA asbestos program in most of the states.
Pursuant to AHERA, EPA may waive federal requirements in states that have
established and are implementing an asbestos inspection and management program.
EPA retains oversight authority in waiver states. In addition, other states have not
sought a waiver but have entered into a cooperative agreement with EPA to conduct
inspections on behalf of EPA. After conducting inspections, these states refer cases to
EPA for enforcement as appropriate. Both waiver and non-waiver states receive grants
from EPA.

EPA Activities

General EPA Activities

1.	Work on AHERA cases to prevent or eliminate releases of asbestos to the
environment.

2.	Focus primarily on exposures to children and vulnerable communities.
Activities Where EPA is Directly Implementing the Program

EPA's intent is to provide flexibility for regional TSCA initiatives to consider unique
regional situations and available resources. EPA regions opting to engage in
compliance monitoring and assurance activities for the TSCA Asbestos/AHERA
program should:

3.	Address the most egregious violations of AHERA consistent with the TSCA
CMS, the TSCA Inspection Manual, and the Enforcement Response Policy
(ERP).

4.	In states that have non-waiver status, review and evaluate inspection reports
to determine the appropriate enforcement response.

5.	For states and Tribes that do not have a cooperative agreement with the
EPA, address asbestos worker protection issues not covered by the
Occupational Safety and Health Administration when possible.

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6.	Utilize EPA's AHERA Center of Excellence to foster asbestos compliance
monitoring and enforcement activities.

EPA Activities in Authorized Programs (States, Territories, Tribes, or Local

Governments)

7.	EPA will continue to explore additional means to assist states, territories,
Tribes, or local governments with asbestos issues.

Expectations for State, Territory, Tribal, or Local Government Activities

1.	Waiver states take enforcement actions under state law.

2.	In non-waiver states, submit completed inspection reports to EPA region for
review and enforcement action as appropriate, consistent with the state-EPA
cooperative agreement.

8. Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA)

FIFRA Compliance Assurance and Enforcement Program

The compliance monitoring and enforcement activities described below should be
implemented to help ensure compliance with FIFRA and its implementing regulations.

EPA Activities

Activities Where the EPA is Directly Implementing the Program

1.	Directly implement the FIFRA program consistent with the FIFRA CMS
including, but not limited to, conducting GLP inspections to monitor
compliance with regulatory requirements for conducting studies that support
pesticide registrations.

2.	Work to incorporate EJ considerations throughout enforcement activities
(from inspection targeting strategies to enforcement remedies).

3.	Consider the following focus areas as high priority when targeting
compliance assurance work and developing annual plans for respective
activities in the regions:

•	eCommerce—Identify and monitor websites that are involved in the sale
(including offering for sale) of pesticides and/or pesticide devices that
pose a high risk of harm to human health or the environment including,
but not limited to, unregistered pesticides with unapproved claims, or
pesticide devices with false or misleading claims, restricted-use pesticides
and Toxicity Category 1 pesticide. Compliance activities should also
include identifying the manufacturers of these products to monitor their
compliance with FIFRA requirements. Initiate enforcement actions for
non-compliance, as needed.

•	Product Integrity—Conduct inspections at marketplaces (particularly
those in communities with potential EJ concerns) and pesticide-and
device-producer establishments to monitor compliance with FIFRA
requirements including establishment and pesticide registration,

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packaging, label and labeling contents, efficacy, composition, and
reporting. Initiate enforcement actions for non-compliance, as needed.

•	Import Compliance—Prevent illegal pesticides and pesticide devices from
entering U.S. channels of trade utilizing data sources, such as the
Automated Commercial Environment (ACE) and EPA data sources, for the
selection of targets for desk audits and inspections of incoming pesticide
shipments, and support national operations initiatives conducted by
CBP's Commercial Targeting and Analysis Center (CTAC). Initiate
enforcement actions for non-compliance, as needed.

•	Worker Protection Standard (WPS)—Conduct inspections to monitor
compliance with WPS regulations where EPA has direct implementation
responsibility for use inspections. Target inspections at establishments
where the use of pesticides poses a high risk of harm to human health
through potential or actual significant worker exposure. This may include,
but is not limited to, establishments where workers harvest, thin, and
prune crops and pesticide handlers' mix, load, and apply pesticides.
Initiate enforcement actions for non-compliance as needed including
instances where the region has determined state enforcement efforts to
address significant incidents was inadequate.

EPA Activities in Authorized Programs (States, Territories, Tribes, or Local
Governments)

4. Continue collaboration between EPA and states, territories, and Tribes
through existing FIFRA authorities to effectively protect human health and
the environment against harm from pesticides and pesticide devices through:

•	Cooperative Agreements—Negotiate and oversee implementation of
and review state, territory, and Tribal performance under pesticide
enforcement cooperative agreements following existing policies and
guidance including but not limited to, the FIFRA Cooperative Agreement
Guidance and the National Program Guidance. Consider targeting
oversight activities where grantees have monitored WPS compliance.

•	Collaborative Compliance Assurance—Work with states, territories, and
Tribes to support one another's compliance monitoring and
enforcement activities consistent with the respective authorities
established under FIFRA, including FIFRA Section 27. Encourage states to
identify enforcement cases that could benefit from federal enforcement
by the EPA.

9. Emergency Planning and Community Right-to-Know Act (EPCRA)

EPCRA 313 Toxics Release Inventory (TRI) Compliance Assurance and Enforcement
Program

The compliance monitoring and enforcement activities for the EPCRA section 313 TRI
program are described below.

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EPA Activities in the EPCRA 313 Compliance Assurance and Enforcement Program,
which EPA Directly Implements

1.	Directly implement the EPCRA Section 313 program and work collectively on
nationally significant focus areas to take high-impact TRI cases.

2.	Maintain cross-trained TRI credentialed inspector(s).

3.	As part of integrating TRI into other media inspections and cases, ECAD
Directors should encourage each enforcement program to incorporate
OECA/Office of Chemical Safety and Pollution Prevention (OCSPP) developed
TRI targeting information when identifying and prioritizing targets for air,
water, or waste inspections.

4.	Integrate TRI compliance monitoring into inspection processes and protocols
when inspecting a facility subject to other statutory requirements (e.g., TSCA,
CAA, RCRA, and/or CWA). Regions are encouraged to use the TRI screening
checklists developed by the TRI Center to determine whether a multimedia
facility is likely subject to EPCRA section 313.

5.	Identify, develop, and appropriately litigate/resolve complex, national (multi-
facility, multi-region) TRI cases and TRI violations in cases developed as part
of a multimedia inspection, or from a standalone TRI inspection, as resources
allow. TRI violations can be litigated/resolved separately or as part of a
multimedia case.

6.	As part of Regional strategic planning, regions should consider the following
focus areas when developing plans for compliance monitoring and
enforcement:

a. Regions should prioritize compliance monitoring of targets based upon
their own regional priorities and, as resources allow, categories of
concern including potential never-reporters, non-reporters, facilities
with potential significant data quality issues, and potential chronic late-
reporters.

b.	Regions should address the priorities developed by OECA, in coordination
with OCSPP, including communities, particularly those with EJ concerns;
chemicals with climate impact; chemicals of concern such as PFAS, PBTs;
new regulations; chronic late filers; and facilities whose releases have the
most impact on the TRI database.

c.	OECA and the regions should work with the TSCA, CAA, RCRA, and CWA
compliance and enforcement programs to add questions about EPCRA
section 313 compliance to information requests or inspection checklists
where appropriate, evaluate the responses and take appropriate
enforcement actions, consistent with national policy, or combined with
other enforcement actions.

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10. Federal Facilities

The compliance monitoring, compliance assistance and enforcement activities for the
federal facilities compliance assurance and enforcement program are described
below:

EPA Activities

General EPA Activities

1.	Hold the federal government accountable to the same standard of
environmental compliance as other members of the regulated community.

2.	Focus resources to ensure federal facilities' compliance under EPA's NECIs,
particularly PFAS, Climate Change, Drinking Water and CAA 112r NECIs.

3.	As part of the Addressing Exposure to PFAS NECI, utilize enforcement
oversight to evaluate PFAS characterization and control activities at the
approximately 800 federal facilities with known or suspected PFAS
contamination to ensure these facilities meet all environmental obligations,
as well as continue to address imminent and substantial endangerment
situations at federal facilities.

4.	Focus resources to address other agency priority areas including
communities with EJ concerns, and public health threats posed by lead
exposure, including lead-based paint exposure in privatized military housing.

5.	Take timely and appropriate enforcement actions to address and deter
noncompliance at federal facility Superfund NPL sites, particularly in
communities with EJ concerns.

6.	Expedite cleanup and redevelopment, and ensure cleanup adheres to Federal
Facility Agreements and dispute timelines, particularly in communities with
EJ concerns.

7.	Except where EPA directly implements a regulatory program, work with
state, territorial, Tribal, and local government partners to address
noncompliance at federal facilities, and when appropriate, collaboratively
work towards coordinated compliance monitoring and response actions, or
the assignment of appropriate roles for each entity.

8.	Meet statutory requirements to conduct annual inspections of TSDFs under
RCRA at federal facilities.

9.	Build the capacity of state, territorial, Tribal, and local governments to
address noncompliance at federal facilities.

10.	Use enforcement response, as warranted, and employ the creative use of
EPA enforcement and settlement tools, supplemental environmental
projects, and self-disclosures to achieve expedited settlements and other
consent agreements in accordance with EPA policy.

11.	Provide compliance assistance to regulated federal entities, e.g., through
FedCenter, to improve federal facility compliance with regulatory
requirements.

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12.	Partner and build relationships across the federal family to help identify and
address compliance issues through strategic collaborative efforts.

Activities Where EPA is Directly Implementing the Program

13.	Address noncompliance at federal facilities with an appropriate EPA
response, including the use of compliance monitoring, enforcement, and
compliance assistance.

14.	Consult and collaborate with state, territorial, Tribal, and local government
partners, and other impacted stakeholders as appropriate to ensure the
protection of public health.

15.	Meet all statutorily required federal facility inspection requirements.

EPA Activities in Authorized Programs (States, Territories, Tribes, or Local

Governments)

16.	Provide leadership and assistance in addressing federal facility
noncompliance, particularly where unique or limited enforcement
authorities or other special considerations in federal facility enforcement
inhibit a state's, territory's, or Tribe's ability to quickly act to address the
noncompliance.

17.	Meet, in conjunction with authorized state and Tribal regulators, all
statutory federal facility inspection requirements, including the RCRA TSDF
annual inspection requirement for federal facilities.

18.	Build the capacity of authorized state, territorial, Tribal, and local
government partners, through joint planning, compliance monitoring, and
employment of appropriate enforcement strategies to address federal facility
noncompliance.

Expectations for State, Territory, Tribal, or Local Government Activities in Authorized
Programs

1.	Work with EPA and other partners to identify roles and responsibilities for
employing appropriate enforcement and compliance assurance tools.

2.	Ensure federal facility noncompliance is resolved through collaborative
enforcement efforts with EPA, and other partners, if appropriate.

11. Criminal Enforcement Program

The compliance monitoring and enforcement activities for the criminal enforcement
program are described below.

General EPA Activities in the Criminal Enforcement Program

The OECA Civil Enforcement program, along with EPA regions, will coordinate with
the Office of Criminal Enforcement, Forensics and Training (OCEFT) to:

1. Refer to the criminal enforcement program for consideration any matter that
appears to be criminal in nature.

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2.	Revise/update existing case screening policy memoranda to ensure that the
criminal and civil enforcement programs are coordinating to ensure the
optimal enforcement response to violations of federal environmental laws.

3.	Conduct case screening sessions to agree upon the appropriate enforcement
response to a potential criminal offense.

OCEFT will:

1.	Develop priorities for case selection to support the goals of the Agency's
Strategic Plan and the NECIs.

2.	Conduct case docket reviews to track the progression of the most significant
criminal investigations and determine which cases require additional
coordination and headquarters resources.

3.	Provide training to civil regulatory counterparts (EPA, state, territory, Tribal,
and local governments) to identify criminal conduct.

4.	Evaluate new and emerging technologies for enhanced targeting to develop
new investigations.

5.	Analyze enforcement and compliance information to identify potential
criminal violations.

6.	Work with the U.S. Department of Justice when developing environmental
crime case resolutions (e.g., restitution), pursuant to information obtained
under the Crimes Victim's Rights Act.

7.	Provide training to state, Tribal and local law enforcement partners, building
capacity and empowering them to identify, report, and address
environmental violations.

8.	Continue international enforcement efforts to combat the illegal
transnational smuggling of materials that violate U.S. environmental laws.

9.	Manage OCEFT's internationally accredited forensics laboratory, providing
data, analysis, and multi-disciplinary expert teams in support of criminal and
civil investigations.

SECTION V. FLEXIBILITY AND GRANT PLANNING

A.	FIFRA Cooperative Agreement Guidance

The purpose of this guidance is to identify pesticide program and compliance and
enforcement program areas that must be addressed in states, territories, and Tribal
cooperative agreements and to provide information on work plan generation, reporting
and other requirements. The	>25 FIFRA Cooperative Agreement

Guidance57 was issued in 2021. The FY 2026-2029 Guidance is expected to be issued in
2025.

B.	T8CA Compliance Monitoring Guidance

EPA regional offices should use the TSCA Compliance Monitoring Grant Guidance to
negotiate and manage TSCA state and Tribal grants to conduct compliance assurance

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and enforcement activities. The most recent version can be found here: TSCA Grant

Guidance.58

C.	National Environmental Performance Partnership System (NEPPS)

Through the National Environmental Performance Partnership System (NEPPS), OECA
encourages the continued use of Performance Partnership Agreements (PPAs) and
Performance Partnership Grants (PPGs) as vehicles for continuous collaboration and for
increasing administrative, financial, and programmatic flexibilities for states, Tribes, and
territories, as appropriate. More information on NEPPS, PPAs, and PPGs can be found
at:

•	Oihce of Congressional and Intergovernmental Relations (OCIR) National Program
Guidance59

•	EPA-'s NEPPS Website60

•	EPA Assistance Listings. Performance Partnership Grants (sam.gov)61

D.	Federal Civil Rights Responsibilities, Including Title VI of the Civil Rights Act of 1964

In 1994, Executive Order 12898 was issued to direct Federal agencies to incorporate
achieving environmental justice into their mission. The Presidential Memorandum
accompanying that Executive Order required in part, that consistent with Title VI, each
Federal agency "...ensure that all programs or activities receiving Federal financial
assistance that affect human health or the environment do not directly, or through
contractual or other arrangements, use criteria, methods, or practices that discriminate
on the basis of race, color, or national origin." See Presidential Memorandum at
https://www.epa.gov/sites/default/files/2015~

02/documents/clinton memo 12898.pdf.

EPA enforces federal civil rights laws that together prohibit discrimination on the bases
of race, color, national origin (including limited-English proficiency), disability, sex, and
age, respectively Title VI of the Civil Rights Act of 1964 (Title VI), Section 504 of the
Rehabilitation Act of 1973 (Section 504), Title IX of the Education Amendments of 1972
(Title IX), Section 13 of the Federal Water Pollution Control Act Amendments of 1972
(FWPCA) and the Age Discrimination Act of 1975 (Age Discrimination Act). All applicants
for and recipients of EPA financial assistance have an affirmative obligation to comply
with these laws, as do any subrecipients of the primary recipient, and any successor,
assignee, or transferee of a recipient, but excluding the ultimate beneficiary of the
assistance. See federal civil rights laws and EPA's regulation at

https://www.epa.gov/external~civil~rights/federal~civil~rights-laws-including~title~vi~and~
e pas-non-discrimination.1

1 See Title VI, 42 U.S.C. 2000(d) et seq.; Section 504 of the Rehabilitation Act of 1973, as amended, 29 U.S.C. § 794;
Lau v. Nichols, 414 U.S. 563, 568-69 (1974) (finding that the government properly required language services to be
provided under a recipient's Title VI obligations not to discriminate based on national origin); 40 C.F.R. § 7.35(a).

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EPA's nondiscrimination regulation at 40 C.F.R. Parts 5 and 7 also contain longstanding
procedural requirements applicable to applicants for and recipients (including sub-
recipients) of EPA financial assistance. These requirements include having a notice of
nondiscrimination, nondiscrimination coordinator, grievance procedures, a process for
collecting and maintaining nondiscrimination compliance information, and pursuant to
Title VI and the Rehabilitation Act of 1973, developing policies and procedures for
ensuring meaningful access to programs and activities for individuals with limited-
English proficiency and individuals with disabilities. In addition, recipients' public
participation processes must also be implemented consistent with the federal civil rights
laws.

EPA furthers recipients' compliance with these obligations through pre-award reviews,
technical assistance and training, additional clarifying guidance and enhanced civil rights
enforcement. Accordingly, EPA will carefully evaluate to ensure all recipients are in
compliance with federal civil rights obligations. See website for Preaward information,

Ti	ipleting EPA Form 4700-4.

For more information about the federal civil rights laws enforced by EPA, including Title
VI, please visit: https://www.epa.gov/external~civil~rights/federal~civil~rights-laws-
including~title~vi~and~e pas-non-discrimination.

See also U.S. EPA, Guidance to Environmental Protection Agency Financial Assistance Recipients Regarding Title VI
Prohibition Against National Origin Discrimination Affecting Limited English Proficient Persons. 69 FR 35602, June

25, 2004. Available at: https://www.fecjeralregister.gov/documents/2004/06/25/04-14464/guidance-to-
environmental-protertion-agency-fjnancial-assistance-recipients-regarding-title-vi; U.S. EPA, Title VI Public
Involvement Guidance for EPA Assistance Recipients Administering Environmental Permitting Programs, 71 FR
14207, March 21, 2006. Available at: https://www.epa.gov/sites/default/files/2020-

02/documents/title vi public involvement guidance for epa recipients 2006.03.21.pdf); U.S. EPA, Procedural
Safeguards Checklist for Recipients. Available at: https://www.epa.gov/sites/production/files/2020-

02/documents/procedural safeguards checklist for recipients 2020.01.pdf (rev. Jan. 2020) (which provides a
more detailed explanation of nondiscrimination obligations and best practices): U.S. EPA, Disability
Nondiscrimination Plan Sample, at https://www.epa.gov/sites/production/files/2020-

02/documents/disabili nondiscrimination plan sample for recipients 2020.01.pdf. (2017).

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SECTION VI. FY 2025 NATIONAL PROGRAM MEASURES

OECA is aligning its priorities and activities to reflect the Agency's FY 2022-2026 Strategic Plan
objectives. The enforcement and compliance assurance program supports the Agency goals to
follow the science, follow the law, be transparent, and advance justice and equity. The
Enforcement Program's measures in this NPG will further EPA's goal to be consistent and
systematically fair, just, and impartial as we address EJ, climate change, air and water quality,
land revitalization, and chemical safety.

FY 2025 National Program Guidance Measures

lj 1 FY 2025 III
i j National j
BFS Code j Measure Title > Planning f Comments/Clarification
si i Target j

409

Number of federal on-site compliance
monitoring inspections and evaluations
and off-site compliance monitoring
activities

12,000

EPA National Total

450

Percent of federal annual EPA inspections
at facilities that affect communities with
potential environmental justice concerns

55%

EPA National Percentage

444

Percentage of EPA inspection reports sent
within 70 days of inspection

75%

EPA National Percentage

436

Number of all referred no complaint filed
(RNCF) civil judicial cases more than 2.5
years old

94

EPA National Total i

434

Millions of pounds of pollutants and waste
reduced, treated, or eliminated through
concluded enforcement actions

No Target

EPA National Total i

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SECTION VII. CONTACTS

Subject/Prog ram Area

Contact Name

Phone

Email

OECA National Program
Guidance Coordination

Michele McKeever

202-564-3688

mckeever.michele@epa.gov

OECA National Program
Guidance Coordination

Aimee Hessert

202-564-0993

hessert.aimee@epa.gov

Civil Enforcement

Margaret Amao

202-564-8631

amao.margaret@epa.gov

Compliance Monitoring

Melissa Schefski

303-312-6842

schefski.melissa@epa.gov

Criminal Enforcement

Rebecca Russo

303-501-7941

russo.rebecca@epa.gov

Federal Facilities

Dominique Freyre

202-564-0433

freyre.dominique@epa.gov

Indian Country and Tribal
Government Issues

Jonathan Binder

202-564-2516

binder.jonathan@epa.gov

Superfund Enforcement

Paul Borst

202-564-7066

borst.paul@epa.gov

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Notes

1	https://www.epa.gov/system/files/documents/2022-03/fy-2022-2026-epa-strategic-plan.pdf

2	http://www.epa.gov/system/files/documents/2023-09/epasclimateenforcmentandcompliancestrategy.pdf

3	https://www.epa.gov/enforcement/national-enforcement-and-compliance-initiatives

4	https://www.epa.gov/system/files/documents/2023-

06/effectivepartnershipsbetweenepaandthestatesincivilenforcementandcomplianceassurance062123.pdf

5	https://www.epa.gov/sites/default/files/2021-

04/documents/strengtheningenforcementincommunitieswithejconcerns.pdf

6	https://www.epa.gov/sites/default/files/2021-

04/documents/usingallappropriateinjunctiverelieftoolsincivilenforcementsettlement0426.pdf

7	https://www.epa.gov/enforcement/supplemental-environmental-projects-seps

8	https://echo.epa.gov/

9	https://www.epa.gov/system/files/documents/2021-07/strengtheningejthroughcriminal062121.pdf

10	https://www.epa.gov/system/files/documents/2021-07/strengtheningenvirjustice-cleanupenfaction070121.pdf

11	https://www.epa.gov/system/files/documents/2022-03/fy-2022-2026-epa-strategic-plan.pdf

12	https://www.epa.gov/system/files/documents/2023-09/epasclimateenforcmentandcompliancestrategy.pdf

13	https://www.epa.gov/enforcement/national-enforcement-and-compliance-initiatives

14	https://www.epa.gov/system/files/documents/2022-10/bh508

15	https://www.epa.gov/enforcement/national-enforcement-and-compliance-initiatives

16	https://www.epa.gov/pesticide-applicator-certification-indian-country/definition-indian-country

17	https://www.epa.gov/tribal/epa-policy-administration-environmental-programs-indian-reservations-1984-
indian-policy

18	https://www.epa.gov/tribal/epa-policy-consultation-and-coordination-indian-tribes

19	https://www.epa.gov/enforcement/transmittal-final-guidance-enforcement-principles-outlined-1984-indian-
policy-january

20	https://www.epa.gov/tribal/tribes-approved-treatment-state-tas

21	https://www.epa.gov/enforcement/transmittal-questions-and-answers-tribal-enforcement-process-april-17-
2007

22	https://www.epa.gov/sites/default/files/documents/commrestrictions-nakayamamemo030806_0.pdf

23	https://www.epa.gov/enforcement/joint-collection-penalties-state-and-local-governments-and-federally-
recognized-indian

24	https://www.ecos.org/documents/ecos-green-report-alternative-compliance-monitoring-strategies/

25	https://www.epa.gov/compliance/clean-water-act-national-pollutant-discharge-elimination-system-compliance-
monitoring

26	https://www.epa.gov/compliance/compliance-monitoring-strategy-resource-conservation-and-recovery-act

27	https://www.epa.gov/compliance/clean-air-act-stationary-source-compliance-monitoring-strategy

28	https://www.epa.gov/compliance/compliance-monitoring-strategy-federal-insecticide-fungicide-and-
rodenticide-act-fifra

29	https://www.epa.gov/compliance/compliance-monitoring-strategy-toxic-substances-control-act-tsca

30	https://www.epa.gov/data/digital-strategy

31	https://echo.epa.gov/report-environmental-violations

32	https://www.ecos.org/documents/resolution-98-9-u-s-epa-enforcement-in-delegated-states/

33	https://www.epa.gov/compliance/state-review-framework-srf-guidance-documents

34	https://www.epa.gov/compliance/revised-policy-framework-stateepa-enforcement-agreements

35	https://www.epa.gov/compliance/national-strategy-improving-oversight-state-enforcement-performance

36	https://www.epa.gov/compliance/guidance-issuing-federal-epa-inspector-credentials-authorize-employees-
statetribal

37	https://www.epa.gov/irmpoli8/environmental-information-policy-procedures-and-standards

38	https://www.epa.gov/irmpoli8/epa-qa-field-activities-procedures

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39	https://www.epa.gov/compliance/final-policy-inspection-report-timeliness-and-standardization

40	https://www.epa.gov/compliance/guidance-issuing-federal-epa-inspector-credentials-authorize-employees-
statetribal

41	https://inspector.epa.gov/inspector/index.php/Wiki_Home

42	https://www.epa.gov/lead/final-strategy-reduce-lead-exposures-and-disparities-us-communities

43	https://www.epa.gov/lead/federal-action-plan-reduce-childhood-lead-exposure

44	https://www.epa.gov/system/files/documents/2023-

06/effectivepartnershipsbetweenepaandthestatesincivilenforcementandcomplianceassurance062123.pdf

45	https://www.epa.gov/compliance/clean-air-act-national-stack-testing-guidance

46	https://www.epa.gov/enforcement/revised-timely-and-appropriate-t-and-enforcement-response-high-priority-
violations-hpvs

47	https://www.epa.gov/compliance/guidance-federally-reportable-violations-stationary-air-sources

48	https://www.epa.gov/rmp/guidance-conducting-risk-management-program-inspections-under-clean-air-act-
section-112r

49	https://www.epa.gov/compliance/npdes-ereporting

50	https://www.epa.gov/enforcement/enforcement-management-system-national-pollutant-discharge-
elimination-system-clean

51	https://www.epa.gov/compliance/clean-water-act-national-pollutant-discharge-elimination-system-compliance-
monitoring

52	https://www.epa.gov/cwa-404/federal-enforcement-section-404-program-clean-water-act

53	https://www.epa.gov/planandbudget/national-program-guidances-npgs

54	https://www.epa.gov/system/files/documents/2021-10/pfas-roadmap_final-508.pdf

55	https://www.epa.gov/lead/final-strategy-reduce-lead-exposures-and-disparities-us-communities

56	https://www.epa.gov/lead/federal-action-plan-reduce-childhood-lead-exposure

57	https://www.epa.gov/compliance/fiscal-year-2022-2025-fifra-cooperative-agreement-guidance

58	https://www.epa.gov/compliance/toxic-substances-compliance-monitoring-grant-guidance-fiscal-year-2022

59	https://www.epa.gov/planandbudget/national-program-guidances-npgs

60	https://www.epa.gov/ocir/national-environmental-performance-partnership-system-nepps

61	https://sam.gov/fal/le72834b28584fb6b457ae834117blb0/view

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