Corrective Action Streamlined Consent Orders Bob Greaves Region
Corrective Action Streamlined Consent Orders Bob Greaves Region 3 Deb Goldblum Region 3 EPA Tom Krueger Region 5 P-1
Initiating Corrective Action u HSWA Permit u Traditional Order/Settlements u Facility Lead Agreements u Use of Alternative Authorities u Streamlined Orders EPA 2
Streamlined Order Authorities u § 3013 u § 3008 h u § 7003 (under certain circumstances) EPA implements Corrective Action through guidance EPA 3
Overarching Goals of Streamlining Corrective Action u Shorter timeframe for issuance & implementation u Focus on achieving Environmental Indicators u Focus on achieving acceptable cleanups rather than following a particular process u Shorter Orders EPA 4
Multiple Approaches R 3 EPA Streamlined Orders R 5 5
Regional Approaches Region 3 u Quick way to initiate corrective action u Implemented similar to other mechanisms u All Corrective Action mechanisms utilize enhanced communication, as appropriate Region 5 u Performanced-based approach u Enhanced informal communication u Limited number of formal submissions u From investigation to completion EPA 6
Factors Affecting Decision to Pursue a Streamlined Order Region 5 u Compliance/enforcement history of the facility u Status of corrective action/investigative activity at the facility u Cooperativeness of the company u Technical capabilities of the company u Financial capability of the company u Complexity of the facility u Motivation of facility to move forward quickly EPA 7
Factors Affecting Decision to Pursue a Streamlined Order Region 5 u Assessment of how much of the corrective action can be expedited u State acceptance u Litigation risk of conventional approach u Public interest u Other factors EPA 8
Factors Affecting Decision to Pursue a Streamlined Order Region 3 u Facility agrees to quickly negotiate Order u Facility agrees not to contest jurisdiction to issue or enforce the order u Facility agrees to conduct the work in accordance with: » RCRA and all relevant regulations and guidance » Environmental Indicator determination guidance » Relevant portions of the corrective action model SOW » Risk assessment guidance EPA 9
Streamlining Opportunities u Findings of Fact & Conclusions of Law u Penalty Section u Administrative Process u Scopes of Work u Implementation EPA 10
Traditional Findings of Fact & Conclusions of Law u Several paragraphs defining jurisdiction u Includes a detailed chronology to support jurisdiction including: » Facility regulatory history » Release information » Constituents of concern » Toxicological effects EPA 11
Streamlined Findings of Fact & Conclusions of Laws Minimum information to establish jurisdiction u Respondent is a corporation and “person” u Respondent is an owner/operator u Facility is subject to RCRA u Facility has had releases u Finding for potential adverse impact to human health or the environment EPA 12
Advantages to Streamlined Findings of Fact & Conclusions of Law u Expedites issuance of order u Reduces internal preparation time u Minimizes negotiation of facts with facility u Shorter document EPA 13
Traditional Penalty Section u Contains several non-compliance categories with a range of associated penalties EPA 14
Streamlined Penalty Section Region 3 u Failure to commence, perform, or complete work u Failure to comply with the provisions of the Order after receipt of notice of non-compliance from EPA u Failure to submit any other deliverables required by the Order EPA 15
Streamlined Penalty Section Region 5 u Formal review & approval is limited to major deliverables u Focus is on timeliness EPA 16
Advantages to Streamlined Penalty Section u Reduces negotiation time with facility EPA 17
Traditional Administrative Record for Consent Orders u Prepared for all Consent Orders per guidance u Records were paginated u Significant time and cost for EPA preparation EPA 18
Streamlined Administrative Record for Consent Orders u File available from Project Manager u Fact Sheets available on the web EPA 19
Advantages to Streamlined Administrative Record u Speeds up order issuance u Reduces cost u Administrative burden EPA 20
Traditional Scopes of Work u Provides a framework for site specific workplans for RFI, CMS, & Interim Measures u Rarely negotiated u Are attached to the Order u Require strict adherence to all provisions EPA 21
Streamlined Scopes of Work Region 3 u Scopes have been streamlined; less detailed u Utilized as guidance, not as a requirement u Not attached to Orders; placed on the web u Relevant guidance also referenced to web EPA 22
Streamlined Scopes of Work Region 5 u Reference to the models u Utilized as guidance, not as a requirement u Facility is responsible for identifying relevant guidance in communication with EPA 23
Advantages to Streamlined Scopes of Work u Eliminates protracted negotiations with Facility u Eliminates discussion about relevance of guidance u Shorter, less threatening document EPA 24
Traditional Implementation u. Facility submits a workplan u. EPA provides written comments u After 30 days facility resubmits workplan u EPA provides more comments EPA 25
Streamlining Implementation Region 3 u Frequent communication and expanded use of e-mail u Data tables in lieu of standard reports u Field screening methods for data collection u EPA sampling to fill data gaps u Tailored oversight u Early discussion of potential remedies u Encourage use of Interim Measures u Focused CMS studies EPA 26
Streamlining Implementation Region 5 u Reduced deliverables u Increased responsibility on the facility u Frequent communication & expanded use of e-mail u Early discussion of potential remedies u Encourage use of Interim Measures u From investigation to completion EPA 27
Advantages of Streamlining Implementation u Quicker cleanups u More efficient use of resources EPA 28
Streamlined Order Examples Region 3 Reforms www. epa. gov/reg 3 wcmd/ca/pgm_reforms. htm On-line Resources www. epa. gov/reg 3 wcmd/ca/ca_resources. htm Region 5 Corrective Action www. epa. gov/reg 5 rcra/wptdiv/cars/index. html EPA 29
Questions? Region 3 greaves. bob@epa. gov 215 -814 -3423 goldblum. deborah@epa. gov 215 -814 -3432 Region 5 krueger. thomas@epa. gov 312 -886 -0562 EPA 30
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