future directions* *as i see it mark robertson federal facilities program manager epa region 4...

Future Directions*

*As I See It

Mark Robertson

Federal Facilities Program Manager

EPA Region 4 (Southeast)

June 14, 2007

Important Considerations• I don’t make policy. I’m not in charge.• Policies are subject to interpretation.• Enforcement is somewhat more centrally

managed than in the past, with the exception of expedited enforcement available in a few programs (e.g., Underground Storage Tanks.)

• I have only minor involvement with the cleanup program/won’t address here.

National Federal Facility Priorities• Published using the Federal Facilities

Enforcement Office “Program Agenda” and National Program Guidance from Office of Enforcement and Compliance Assistance (OECA)

• Annually updated – details pulled from the FY2007/8 publications

• Typically addressed through Integrated Strategies (see below)

Current National Fed Fac Priorities NPDES Clean Water Act Wastewater

NPDES Clean Water Act Stormwater* Underground Storage Tanks Laboratories at Federal Facilities

(multi-program) * EPA National Priority

Next three year set of EPA (not just FedFac) priorities will not be final until later in year.

Regional Federal Facility Areas of Interest• Ozone Depleting Substances

• Construction Stormwater

• SPCC

• Sometimes UST is an issue

• Contractors

Q: Where are the Violations?A: For the Air, RCRA, and Clean Water Programs, R4:

RCRA

CAA

NPDES

0

10

20

30

40

50

60

70R4 DOD MajorFacilities, fromEPA's ECHOdatabaseViolators (at leastone violationduring June 2004to May 2007)

Where are the Violations? Historical Trends across all Agencies

1995 - 2006 Federal Agency Non-SNC Trends, Nationally.Higher Percentages are Better – Data is those without SNC event during calendar year.

50

60

70

80

90

100%

1995

1996

1997

1998

1999

2000

2001

2002

2003

2004

2005

2006

RCRA/TSDF CWA/NPDES CAA

SDWA/PWSS CWA/Effluent*

* Prior to 2005, Percent of Major Effluent NPDES Sources Not in SNC were not reported

So, how do we address these areas

of national and local interest?

Special Forces?

No – No “EPA

Enforcement”

graphic on that tail.

Actually, the process usually looks more like this

Integrated Strategies• Integrated Strategy – A set of activities to

address identified priorities.• Priorities are addressed using the full

range of tools from assistance to enforcement, typically applied nationally.

• If compliance assistance is needed early in the I.S. time frame, enforcement will be more prominent later in the process; however, this does not preclude enforcement of existing regulations at any time.

Integrated Strategies• Presence of an I.S. does not limit our

options to enforce or deal with an imminent problem.

• Criminal enforcement assets are increasingly tied to national strategies.

• A federal facilities I.S. may tie into other EPA program strategies, or focus on problems specific to feds, or focus on particular agencies or departments.

• The national federal facilities program rotates in a new I.S. about once per year.

Integrated StrategiesCurrent Integrated Strategies – Fed Facs:

– NPDES Clean Water Act Wastewater (FY05 - FY07) – NPDES Clean Water Act Stormwater (FY06 - FY08)*– Underground Storage Tanks (FY 06 - FY08)– Laboratories (FY07 - FY09) (multi-program) (future years are as currently anticipated)

* EPA National Priority

– Next three year set of EPA (not FedFac-exclusive priorities will not be final until later in year.

One by One

Integrated Strategies for Feds1. NPDES Clean Water Act Wastewater (FY05-07) – Wrap-up phase (?-See earlier page)

– Primarily causes were determined for effluent violations, plus reporting documentation issues.

– DoD facilities worse than national average as measured by facilities in SNC status.

– Beehler memo issued January 22, 2007 sets a goal of zero SNCs, and required briefings and action plans.

[Significant non-compliance, or SNC, is a reflection of the magnitude, frequency, or duration of a non-compliance determination or regulatory excursion. Per guidance, SNC is usually addressed through informal or formal enforcement.]

Integrated Strategies for Feds2. NPDES Clean Water Act Stormwater • Tie-in with the national water program (FFEO)• Construction and non-construction sources

being inspected• Almost all have some kind of noncompliance• Most construction sites have non-compliant

contractors; if no other resources, then send them to:

http://cfpub.epa.gov/npdes/stormwater/const.cfm

http://www.cicacenter.org/stormwater.html• Contractor oversight needed!

Integrated Strategies for Feds3. Underground Storage Tanks (FY 06 - 08)

• FedCenter.gov reporting template and Agency reporting (2006)

– EMS crosswalk document

• EPA and state tank inspections (2007)

• Sustainable compliance monitoring and enforcement presence

Integrated Strategies for Feds4. Laboratories (FY07 - FY09) (multi-program)

– Problem• Frequent environmental violations,

especially RCRA-related storage and disposal

– Actions• Lab identification and outreach

• Special compliance assistance training

• Promoting self-audit

• Inspections

Forecast:• Single Program Inspections, with a

chance of Multimedia Inspections. – Expect to continue to see no-notice or

low-notice inspections– Do not expect a decrease in EPA

presence at your facilities

Forecast:•Expect EPA to require moredata submission to delineate environmental benefits – results from actions or follow-up to actions:

–Inspections–Compliance assistance–Formal enforcement actions–Informal enforcement such as notices of noncompliance or letters of deficiency, etc.

This is probably our #1 area of interest, outside of compliance rates.

Counsel1: Be Proactive in

Stewardship

It is almost always better (more effective and efficient) to avoid environmental problems in the first place than it is to monitor, control, treat, dispose of or clean up pollution later on….

Counsel

2: Be Vigilant in Compliance–EPA’s Federal Facilities Enforcement program will be, in its responsibilities!

Counsel3: Seek Help When You Need It

–Utilize FedCenter.gov and other resources, including EPA staff

Your Ideas for a More Effective Partnership are Always Welcome.

Thank you. Robertson.mark@epa.gov (404) 562-9639