Future Directions*

1. Future Directions* *As I See It Mark Robertson Federal Facilities Program Manager EPA Region 4 (Southeast) June 14, 2007

2. 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.

3. 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)

4. Current National Fed Fac Priorities NPDESClean Water Act Wastewater NPDESClean 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.

5. Regional Federal Facility Areas of Interest • Ozone Depleting Substances • Construction Stormwater • SPCC • Sometimes UST is an issue • Contractors

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

7. Where are the Violations? 100% 90 80 70 60 50 1999 2000 1995 1996 1997 1998 2001 2002 2003 2004 2005 2006 RCRA/TSDF CWA/NPDES CAA SDWA/PWSS CWA/Effluent* 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. * Prior to 2005, Percent of Major Effluent NPDES Sources Not in SNC were not reported

8. 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 

10. 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.

11. 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.

12. Integrated Strategies Current Integrated Strategies – Fed Facs: • NPDESClean Water Act Wastewater (FY05 - FY07) • NPDESClean 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 

13. Integrated Strategies for Feds 1. NPDESClean 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.]

14. Integrated Strategies for Feds 2. NPDESClean 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!

15. Integrated Strategies for Feds 3. Underground Storage Tanks (FY 06 - 08) • FedCenter.govreporting template and Agency reporting (2006) • EMS crosswalk document • EPA and state tank inspections (2007) • Sustainable compliance monitoring and enforcement presence

16. Integrated Strategies for Feds 4. 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

17. 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

18. Forecast: • Expect EPA to require more data 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.

19. Counsel 1: 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….

20. Counsel 2: Be Vigilant in Compliance • EPA’s Federal Facilities Enforcement program will be, in its responsibilities!

21. Counsel 3: Seek Help When You Need It • Utilize FedCenter.gov and other resources, including EPA staff

22. Your Ideas for a More Effective Partnership are Always Welcome.Thank you. Robertson.mark@epa.gov (404) 562-9639