A United States Government website produced by the Office of Management and Budget (OMB) and the General Services Administration (GSA). This site provides access to the Code of Federal Regulations (CFR), The Federal Register, the e-CFR (a prototype of a daily updated version of the CFR), the system where you can comment on proposed regulations, and a discussion on how the rulemaking process works

Published by the Office of the Federal Register, National Archives and Records Administration (NARA), the Federal Register is the official daily publication for rules, proposed rules, and notices of Federal agencies and organizations, as well as executive orders and other presidential documents.

This site enables users to search and comment on EPA regulations and significant guidance documents, and to learn how environmental regulations are written. The site also includes new sections for finding regulations and related documents, plus regulatory history, statutory authority, supporting analyses, compliance information, and guidance for implementation. Searches for regulatory information can be conducted by environmental topics, such as water or air, or by business sectors, such as transportation or construction.

The Code of Federal Regulations (CFR) is the codification of the general and permanent rules published in the Federal Register by the executive departments and agencies of the Federal Government. It is divided into 50 titles that represent broad areas subject to Federal regulation. Each volume of the CFR is updated once each calendar year and is issued on a quarterly basis.

The Electronic Code of Federal Regulations (e-CFR) is a prototype of a currently updated version of the Code of Federal Regulations (CFR). The e-CFR prototype is a demonstration project. It is not an official legal edition of the CFR. The e-CFR prototype is authorized and maintained by the National Archives and Records Administration’s (NARA) Office of the Federal Register (OFR) and the Government Printing Office (GPO). The OFR updates the material in the e-CFR on a frequent basis with the most recent date of update displayed on the home page.

These are presidential documents which require Federal facilities to perform an action, participate in an activity, or develop and implement a policy.

Requiring Agencies to Purchase Energy Efficient Computer Equipment
21 April 1993
This EO directs the U.S. government to participate in the EPA Energy Star computer program by agreeing to buy energy-efficient computers, monitors, and printers. To the extent possible, Federal agencies must purchase only computer equipment that meets the EPA Energy Star requirements.

Energy Efficiency and Water Conservation at Federal Facilities
8 March 1994
This EO addresses agency goals and reporting requirements for energy and water efficiency at Federal facilities as well as suggestions on how to achieve those goals.

Memorandum by CEQ Chairman James L. Connaughton, dated March 28, 2007, to the heads of Executive Branch departments and agencies, announcing the release of the instructions and requirements for implementing the goals of Executive Order 13423 "Strengthening Federal Environmental, Energy, and Transportation Management."

In accordance with Section 4(b) of Executive Order 13423, "Strengthening Federal Environmental, Energy, and Transportation Management", implementing instructions have been issued to Federal agencies to provide detail and direction to agencies as the work to fulfill the goals and requirement of the Executive Order. Section 8 of these instructions are specific to pollution prevention. These instructions are dated March 29, 2007.

The Environmental Protection Agency (EPA) publishes the semiannual regulatory agenda to update the public about:

• Regulations and major policies currently under development,
• Reviews of existing regulations and major policies, and
• Rule and major policymakings completed or canceled since the last Agenda.

If you would like to subscribe to the Agenda, please send an e-mail with your name and address to: ncepimal@one.net, or call 800-490-9198. There is no charge for single copies of the agenda.
POC: Phil Schwartz (1803A), Environmental Protection Agency, 1200 Pennsylvania Avenue NW., Washington, DC 20460; phone: (202) 564-6564; e-mail: schwartz.philip@epa.gov.

The Department of Energy (DOE) publishes the semiannual regulatory agenda to update the public about the status of their rulemaking actions.
POC: Diana L. Dean, Room 6E-078, Forrestal Building, 1000 Independence Avenue SW., Washington, DC 20585, (202) 586-7440.

This reflects determinations, decisions, and interpretations made under the New Source Performance Standards (NSPS); the National Emission Standards for Hazardous Air Pollutants (NESHAP); and the Stratospheric Ozone Protection Program. An electronic copy of each complete document posted on the Applicability Determination Index (ADI) database system is available on the Internet through the Office of Enforcement and Compliance Assurance (OECA) Web site at: http://www.epa.gov/compliance/monitoring/programs/caa/adi.html. The document may be located by date, author, subpart, or subject search. This Federal Register Notice contains the database control number for each document posted on the ADI database system on August 19, 2005.
POC: Maria Malave at EPA by phone at: (202) 564-7027, or by e-mail at: malave.maria@epa.gov.

This 1991 memo includes factors that DOJ considers important in evaluating whether to prosecute environmental violations. These factors include voluntary disclosure of the violation, cooperation, preventative measures and compliance programs, persuasiveness of non-compliance, internal disciplinary action, and subsequent compliance efforts. It was the intent of DOJ to encourage self-auditing, self-policing, and voluntary disclosure of environmental violations stating that these activities are considered mitigating factors in the Department’s environmental enforcement activities. The necessity of having a thorough environmental auditing program cannot be overemphasized. The priority that DOJ assigns to auditing and self-disclosure as critical mitigating factors in environmental criminal prosecutions is an indication of how important it is for federal facilities to develop and implement sound and thorough auditing programs.

In this memorandum dated 4 October 2001 Ms. Whitman states that “Federal agencies will be held accountable to the same high standards for environmental compliance as other members of the regulated community.”

EPA memorandum dated February 13, 2006, by Assistant Administrator Granta Y. Nakayama, reaffirming the existing Guidance on Calculating the Economic Benefit of Noncompliance by Federal Agencies issued on September 30, 1999.

This memorandum, dated 28 November 2005, encourages federal departmental and agency leadership to develop strategies to prevent or reduce environmental conflicts and generate opportunities for constructive collaboration problem solving. The Memorandum directs all Federal departments and agencies to document their ECR planning and implementation efforts in an annual report submitted to OMB and CEQ. Documentation includes an agency self-audit to analyze how ECR may be applied to environmental disputes when they occur, and to plan for increasing institutional capacity for ECR where appropriate.

In 2006 EPA signed a MOU with the Edison Electric Institute and five federal agencies to establish sound Integrated Vegetation Management practices in order to reduce adverse impacts to the environment and the public while ensuring reliable electrical service. The federal agencies involved in the MOU include the Forest Service of the U.S. Department of Agriculture, and the Bureau of Land Management, Fish and Wildlife Service, and National Park Service of the Department of the Interior. The MOU will support these federal agencies by providing practical, sustainable, and cost-effective policies, procedures, and practices that will reduce risks to the environment and the public, while ensuring safe, reliable, and uninterrupted electrical services to customers.

Released November 1, 2007, the Office of the Inspector Generals FY 2008 Plan identifies subject areas that the OIG intends to assess in the current fiscal year and any areas from the previous year for which it is continuing assessments. For example, one focus in FY 2008 will be on how EPA can improve air emissions data to set appropriate controls and improve its process for measuring the success of grant programs.

EPA currently issues over 100 letters or memoranda per year on Clean Air Act (CAA) applicability or monitoring issues under the New Source Performance Standards (NSPS, 40 CFR 60) and the National Emission Standards for Hazardous Air Pollutants (NESHAP, 40 CFR 61 and 63) programs. These written responses are broadly termed “applicability determinations”. The ADI also contains “regulatory interpretations” which are written responses that apply to the broad range of NSPS and NESHAP regulatory requirements as they pertain to a whole source category; and applicability determinations issued pursuant to the chlorofluorocarbons (CFC) regulations, cited in 40 CFR 82. The ADI, a computerized database of such letters and memoranda, allows users to search by date, office of issuance, subpart, citation, control number, or string word searches.

Questions and answers regarding the Risk Management Program Rule under the Clean Air Act Section 112(r).

Questions and answers concern the final amendments to the submission schedule and data elements.

This website, provided by the EPA Office of Enforcement, is a collection of current, active EPA policies and guidance in relation to CAA, including: stationary sources; New Source Performance Standards (NSPS); National Emissions Standards for Hazardous Air Pollutants (NESHAPs); CAA Section 114 : Inspection, Entry and Monitoring; new source review (NSR); prevention of significant deterioration (PSD); mobile sources; and acid rain.

This newly released legislative and regulatory analyses compared several cap-and-trade approaches aimed at reducing sulfur dioxide, nitrogen oxides, and mercury emissions from coal-fired power plants. The legislative and regulatory analyses project potential costs and benefits for public health, air quality, and the power sector for the years 2010, 2015, and 2020.

This document seeks to clarify the impact of the Clean Air Act (CAA) Conformity Rules (Proposed) on federal facilities. It was written by Bill Frank from the U.S. EPA Federal Facilities Enforcement Office (FFEO).

The final interpretation is that the plain language and structure of certain sections of the operating permits regulations (40 CFR 70 and 71) do not provide an independent basis for requiring or authorizing review and enhancement of existing monitoring in title V permits. EPA believes that other rules establish a basis for such review and enhancement. The final rule interpretation is effective on 16 January 2007. POC is Peter Westlin, EPA, Office of Air Quality Planning and Standards, Mail code: D243-05, 109 TW Alexander Drive, Research Triangle Park, NC 27711; telephone: (919) 541-1058; fax number (919) 541-1039; e-mail address: westlin.peter@epa.gov (Federal Register: December 15, 2006 [Rules and Regulations] , Page 75422-75431)

This document (EPA420-F-07-053, August 2007) responds to questions EPA has received concerning the manner in which the EPA intends to implement and ensure compliance with the regulations in the Control of Hazardous Air Pollutants From Mobile Sources (“MSAT2”) rulemaking published on February 26, 2007 (72 FR 8428).

The brief addresses issues pertinent to all Federal entities such as: vapor recovery requirements for gasoline dispensing systems; prohibitions related to misfueling; gasoline volatility requirements; limitations on diesel fuel sulfur content; requirements relating to reformulated gasoline; requirements for detergent additives; requirements for oxygenated gasoline; whether the CAA prohibits the use of leaded gasoline in motor vehicles; and whether Federal Agencies must offer to sell clean alternative fuels to the public.

EPA discussion on aspects of 40 CFR 112, Animal and Vegetable Fats Applicability.

Starting on page 47058 of the attached file, a section by section, paragraph by paragraph discussion is recorded as to the intent of the regulation.

This document (EPA 841-B-07-006, August 2007) provides an overview on the use of duration curves for developing Total Maximum Daily Loads (TMDLs). The duration curve approach allows for characterizing water quality conditions at different flow regimes. It is written for TMDL practitioners who are familiar with relevant technical approaches and legal requirements. The guide also discusses some considerations and limitations in using the approach, and includes several case examples. More information is available here.

Published by EPA Region 9 in February 2004, this document lists common findings of noncompliance when local pretreatment programs are evaluated.

The memorandum addresses such topics as secondary containment for bulk storage facilities; deviations from rule requirements; fencing requirements; overfill prevention; integrity testing; use of tank trucks for storage; agreements with clean-up contractors; SPCC plan amendments; and other issues.

The Guidance describes priorities for the National Water Program for FY 2007, outlines the strategy for accomplishing specific environmental goals in the coming year, and identifies measures of progress to be used to assess progress. EPA Regions will use the Guidance in working with States and Tribes to develop workplans and related materials and will use "targets" for measures in the Guidance as a point of reference for making "commitments" under the measures.

This document details the steps to be taken in FY06 towards meeting the EPA water program’s strategic plan.

Updates and background information regarding the scope of term "Waters of the United States" protected under the CWA.

EPA 833-R-04-002A, July 2004
The Office of Wastewater Management of the U.S. Environmental Protection Agency’s (EPA’s) Office of Water prepared this guidance document to assist municipalities that own or operate publicly owned treatment works (POTWs) in developing and implementing local pretreatment programs. It discusses issues such as how to determine pollutants of concern, the data needed to develop local limits, and implementing local limits.

This document details the steps to be taken in FY06 towards meeting the EPA water program’s strategic plan.

EPA has published a new technical guidance that will help integrate National Pollutant Discharge Elimination System (NPDES) permits into watershed management plans. "Watershed-Based NPDES Permitting Technical Guidance" is a follow up to the 2003 implementation guidance and leads permitting interested parties through the analysis of watershed data and developing a framework for implementing an NPDES program.

Guidance on the following issues is presented here: federal enforcement in combined sewer overflows (CSO)/sanitary sewer overflows (SSO) cases; application of pesticides to the waters of the U.S.; concentrated animal feeding operations (CAFOs); and management, operation, and maintenance programs for SSOs.

This memorandum, dated 8 May 2006, is from the EPA Office of Water Assistant Administrator to the Regional Directors, Water Division Directors, and Branch Chiefs. The memorandum urges the use of the “qualifying local program” provision for the management and oversight of stormwater runoff from construction activities. This provision offers the opportunity to increase administrative efficiencies in the stormwater program by formally recognizing local construction management programs that meet or exceed the provisions in EPA's construction general permit.

Issued on December 2, 2005, the guidance document is intended to assist regional inspectors in reviewing a facility's implementation of the Spill Prevention, Control, and Countermeasure (SPCC) rule at 40 CFR part 112 and understanding the rule's applicability, and to help clarify the role of the inspector in the review and evaluation of the performance-based SPCC requirements. The guidance document is also available to owners and operators of facilities that may be subject to the requirements of the SPCC rule and the general public on how EPA intends the SPCC rule to be implemented. The document is designed to provide a consistent national policy on several SPCC-related issues.

This example SWPPP represents a hypothetical project for the construction of a postal and distribution center on less than 5 acres in New Hampshire. See attachments (2).

This guidance provides detailed information for submitting accurate discharge monitoring reports (DMRs) on time in order to reduce the occurrence of noncompliance findings due to incomplete or late DMR submittals.

This is EPA's first "how-to" manual on designing and implementing water quality trading programs. The Toolkit helps NPDES permitting authorities incorporate trading provisions into permits. You can order a hardcopy of the document (#EPA-833-R-07-004) from the National Service Center for Environmental Publications (NSCEP) at 513-489-8190, 800-490-9198, or nscep@bps-lmit.com. Contact: Ginny Kibler, 202-564-0596, virginia.kibler@epa.gov

The intent of this document is to help integrate NPDES permits into watershed management plans. The guidance supports approaches to permitting that may help target your watershed's most pressing environmental needs, help achieve water quality-based effluent limitations based on water quality standards, and provide opportunities for cost reductions and improved efficiencies such as water quality trading. The guidance includes case studies describing how watershed approaches involving NPDES permitting have been implemented across the country. POC is Pat Bradley, 202-564-0729, bradley.patrick@epa.gov

Policy and guidance documents to implement EPA's responsibilities in overseeing Superfund cleanups at Federal facilities.

This document, dated 21 July 2005 is intended to assist EPA Regions and other federal agencies improve the quality of Site Investigations (SIs) at federal facilities. The goal is to obtain sufficient information under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) to meet the requirements outlined in the National Contingency Plan (NCP).

This website, provided by the EPA Office of Enforcement, is a collection of policy and guidance documents and strategies used in the enforcement of EPCRA. The listing is not inclusive of all policy and guidance document that may also be relied upon in developing enforcement actions.

Questions submitted to the EPA about EPCRA and their answers.

This website, provided by the EPA Office of Enforcement, is a collection of policy and guidance documents and strategies used in the enforcement of FIFRA. The listing is not inclusive of all policy and guidance document that may also be relied upon in developing enforcement actions.

The new 2005 WPS How-to-Comply (HTC) Manual supersedes the 1993 version. This compliance assistance tool has been updated to reflect amendments to the Worker Protection Standard (WPS), a regulation designed to protect agricultural workers and pesticide handlers.

Section 6002 of the Resource Conservation and Recovery Act (RCRA) requires the Office of Federal Procurement Policy (OFPP) to report to Congress every two years on the actions taken by Federal agencies to implement the statute. OFPP and OFEE have developed the attached survey to collect the information required to meet the reporting required by RCRA and E.O. 13101.

The Resource Conservation and Recovery Act of 1976 and the Farm Security and Rural Investment Act of 2002 require Federal agencies to establish affirmative procurement programs for purchasing EPA- and USDA-designated recycled content and biobased products, respectively. One required element of these programs is annual review and monitoring of the program (i.e., compliance monitoring) This document identifies compliance monitoring options already in use within the Federal government. These options are provided solely as examples.!

This document includes hyper-link references to frequently asked questions, letters, memoranda, and guidance concerning hazardous waste.

This is a compilation of questions to the RCRA Call Center and the responses to the questions for the years 1991 – 2004.

This is a database is designed to enable users to locate documents, including publications and other outreach materials, that cover a wide range of RCRA issues and topics.

Maintained by EPA's RCRA Enforcement Division, this site contains the policy, guidance, and other documents that are currently used in RCRA Enforcement and the RCRA Enforcement Policy and Guidance Archives with the documents that are no longer used. Topics include, but are not limited to: groundwater, inspections, permitting, and USTs.

This site consolidates the answers to frequent questions about RCRA and provides a forum for the use to ask a question themselves.

This September 7, 2005 memorandum from the head of the EPA's Office of Solid Waste to agency regional directors "reaffirms EPA's commitment to employing appropriate flexibility in the review of state programs" authorized under RCRA. The memorandum is a response to a workgroup established in April 2003 to examine potential improvements to the process by which EPA determines whether state hazardous waste programs are equivalent to the federal program.

This EPA Memorandum issued on October 4, 2006 to all Regional RCRA Waste Management Directors helps clarify what types of activities are considered as incidental processing and may be excluded from RCRA regulation under the use/reuse recycling provision of 40 CFR 261.2(e)(1) rather than being considered RCRA regulated reclamation activities under 40 CFR 261.2(c)(3).

This variance, effective November 2002, applies specifically to radioactively contaminated cadmium-, mercury-, and silver-containing waste batteries .The Regulatory Bulletin discusses the LDR treatment standard established for these mixed waste batteries, the DOE petition that requested the treatability variance, the rationale for granting the variance, and implementation at the State level.

Questions and answers for some of the most common concerns related to 40 CFR 280.

EPA OUST/FFEO memo, dated 01 Feb 2006, providing guidance and assistance to Federal Agencies on their data reporting requirements of the Underground Storage Tank Compliance Act of 2005.

EPA memorandum dated October 17, 2006, by Cliff L. Rothenstein (Director), Office of Underground Storage Tanks, announcing to Federal Facility Environmental Executives that agency underground storage tank compliance reports will be posted on the EPA website and that specific UST information will be provided to the EPA Regions and States.

In Section 1528 of the Act all departments and federal agencies that own, operate, or manage one or more federally regulated USTs to report the compliance status of their USTs to EPA and Congress by August 8, 2006. In order to facilitate this reporting, the EPA is requesting that every Federal Agency Environmental Executive provide the name of one representative per department or agency with who the EPA can coordinate. The memorandum, dated 17 October 2005, was signed by the Director of the Office of Underground Storage Tanks (OUST), Office of Solid Waste and Emergency Response (OSWER) and the Director of the Federal Facilities Enforcement Office (FFEO), Office of Enforcement and Compliance Assurance (OECA).

November 15, 2006 memorandum announcing issuance of final document that implements a key provision of the underground storage tank amendments of the Energy Policy Act of 2005; the secondary containment grant guidelines.

There are multiple grant guidelines issued by the EPA for the management and inspection of USTs, including the following titles: Inspection (24 April 2007); State Compliance Reports On Government Underground Storage Tanks (24 April 2007); Public Record (22 January 2007); Financial Responsibility And Installer Certification (22 January 2007); Secondary Containment (15 November 2006); Delivery Prohibition (7 August 2006); Tribal Strategy (7 August 2006). States will not receive RCRA Subtitle I funding unless these guidelines are met.

A database that will allow any user to search for RCRA information from a comprehensive set of FAQs or submit their own question or comment on a variety of RCRA issues and topics.

This database is designed to enable users to locate documents, including publications, OSW memos, and other outreach materials, that cover a wide range of RCRA issues and topics.

Maintained by EPA's RCRA Enforcement Division, this site contains the policy, guidance, and other documents that are currently used in RCRA Enforcement and the RCRA Enforcement Policy and Guidance Archives with the documents that are no longer used. Topics include, but are not limited to: groundwater, inspections, permitting, and USTs.

Links to the state POCs with RCRA expertise. Particularly valuable for states with RCRA primacy.

This guide is designed to help systems understand and achieve compliance with the Arsenic rule. The guide provides sample worksheets to help systems organize data, and provides guidance for small systems on their selection of appropriate compliance options. This is EPA document EPA 816-R-02-008A.