Supersedes 560 FW 6, FWM 416, 12/27/02
Date: October 7, 2010
Series: Pollution Control
Part 560: Pollution at FWS Facilities
Originating Office: Division of Engineering
6.1 What is the purpose of this chapter? This chapter provides guidance about funding sources that may be available to address environmental remediation, abatement, and environmental compliance projects at U.S. Fish and Wildlife Service facilities.
6.2 What are the authorities?
A. Comprehensive Environmental Response, Compensation, and Liability Act, as amended (CERCLA/Superfund) (42 U.S.C. 9601 et seq.).
B. Clean Air Act (CAA) (42 U.S.C. 7401 et seq.).
C. Clean Water Act (CWA) (33 U.S.C. 1251 et seq.).
D. Executive Order 13423, Strengthening Federal Environmental, Energy, and Transportation Management.
E. Executive Order 13514, Federal Leadership in Environmental, Energy, and Economic Performance.
F. Federal Facility Compliance Act (FFCA) of 1992 (Public Law 102-386).
G. Resource Conservation and Recovery Act, as amended (RCRA) (42 U.S.C. 6901-6992).
H. Toxic Substances Control Act (TSCA) (15 U.S.C. 2601).
6.3 What terms do you need to know to understand this chapter?
A. Abatement and environmental compliance projects include activities that prevent or eliminate pollution so we are in compliance with applicable environmental standards. Examples include, but are not limited to, projects related to:
(1) Facility wastewater discharge,
(2) Asbestos and radon mitigation or remediation, and
(3) Hazardous waste disposal.
B. Hazardous substance is any substance listed in Table 302.4 of 40 CFR 302.
(1) The group includes the following:
(a) Substances in section 311(b)(2)(A) of the CWA that may affect natural resources if discharged into navigable waters;
(b) Elements, compounds, mixtures, solutions, or substances listed in section 102 of CERCLA, which are reportable quantities;
(c) Hazardous wastes having the characteristics in section 3001 of RCRA;
(d) Toxic pollutants listed under section 307(a) of the CWA;
(e) Hazardous air pollutants listed in section 112 of the CAA; and
(f) Imminently hazardous chemical substances or mixtures the Environmental Protection Agency (EPA) has taken action on under section 7 of TSCA.
(2) Although CERCLA does not include petroleum, natural gas, natural gas liquids, liquefied natural gas, or synthetic gas usable for fuel in the definition of hazardous substances, these substances are still considered pollutants under the CWA.
C. Hazardous waste is a substance that has been discarded and meets any of the criteria in 40 CFR 261.3.
D. Release (including the threat of release) is any spilling, leaking, pumping, pouring, emitting, emptying, discharging, injecting, escaping, leaching, dumping, or disposing into the environment (including the abandonment or discarding of barrels, containers, and other closed receptacles containing any hazardous substance or pollutant or contaminant), but excluding:
(1) A release solely within a workplace and not to the environment;
(2) Emissions from the engine exhaust of a motor vehicle, rolling stock (i.e., railway vehicles), aircraft, vessel, or pipeline pumping station engine;
(3) Releases of source, byproduct, or special nuclear material from a nuclear incident (the Atomic Energy Act of 1954 defines the requirements for such incidents); and
(4) The normal application of fertilizer (see 40 CFR 300.5).
See 560 FW 3, Reporting Releases of Hazardous Substances, Oil Discharges, and Contaminated Sites, for more information about reporting releases of hazardous substances, oil discharges, and contaminated sites.
E. Remediation projects are projects involving cleanup of hazardous substances released to the environment. Examples include CERCLA response actions (see 561 FW 10, CERCLA Site Cleanup) and the removal and cleanup of leaking underground storage tanks (see 561 FW 7, Underground Storage Tanks).
F. Service facilities are buildings, installations, structures, land, and public works the Service owns or that are constructed and leased to the Service. In this chapter, we also include equipment, aircraft, vessels, and other vehicles and property when we refer to “facilities.” Facilities are assets located on refuges, hatcheries, and other field stations, as well as any location where the Service occupies space.
6.4 Who is responsible for managing funding for remediation, abatement, and environmental compliance projects?
A. The Director is responsible for:
(1) Budgeting funds for remediation, abatement, and environmental compliance projects in the Service budget; and
(2) Requesting that the Regions submit funding proposals for remediation, abatement, and environmental compliance projects.
B. The Regional Directors are responsible for:
(1) Requesting funding for and assuring the satisfactory completion of proposed remediation, abatement, and environmental compliance projects; and
(2) Ensuring the timely preparation and submittal of an annual fiscal year report on the compliance and cleanup status of all Refuge Cleanup Fund remediation, abatement, and environmental cleanup projects for which they have responsibility. They send a copy to the Chief, Division of Engineering.
C. The Assistant Director – Business Management and Operations, is responsible for budgeting funding through the Construction Plan development process.
D. The Assistant Director – National Wildlife Refuge System, is responsible for:
(1) Budgeting funding for environmental compliance and cleanup projects conducted on national wildlife refuges through the Refuge Cleanup Fund and the Service Asset and Maintenance Management System; and
(2) Evaluating and selecting projects based on scoring criteria agreed on by the Refuges, Engineering, and Environmental Contaminants programs.
E. The Assistant Director – Fisheries and Habitat Conservation is responsible for budgeting funding for environmental compliance and cleanup projects conducted on national fish hatcheries.
F. The Chief, Division of Engineering (DEN) is responsible for:
(1) Coordinating the Service’s requests for funding from the Department’s Central Hazardous Materials Fund and the Service's Construction Plan development process and Emergency Construction Fund; and
(2) Providing technical assistance to the National Fish Hatchery System and the National Wildlife Refuge System.
G. The Chiefs, Division of Natural Resources and Division of Environmental Quality are responsible for providing technical assistance to the National Fish Hatchery System and the National Wildlife Refuge System.
H. The Chief, Environmental Compliance Branch (ECB) is responsible for:
(1) Coordinating the Department's Central Hazardous Materials Fund program for the Service, and
(2) Providing guidance and technical assistance to the Regional Engineers/Environmental Compliance Coordinators for the identification, selection, and funding of environmental projects.
I. Regional Engineers/Environmental Compliance Coordinators are responsible for:
(1) Identifying and tracking existing and proposed remediation, abatement, and environmental compliance projects discovered during environmental compliance audits and facility inventories; and
(2) Providing assistance in preparing the annual report (see section 6.4B(2)) in consultation with the Regional Environmental Contaminants Coordinators and the National Wildlife Refuge System and National Fish Hatchery System.
J. Project Leaders/Facility Managers are responsible for:
(1) Identifying project needs, and
(2) Sending requests for funding to the appropriate office (see section 6.6).
6.5 How do Project Leaders/Facility Managers identify potential environmental projects? Project Leaders/Facility Managers identify projects through:
A. Compliance audits (see 560 FW 7, Environmental Compliance and Environmental Management System Auditing);
B. Condition assessments (see 372 FW 1, Appendix A – Maintenance Management System Handbook);
C. The refuge investigations program (see section 6.6B);
D. The contaminant assessment process (CAP) that the Division of Environmental Quality manages;
E. Environmental site assessments associated with real property acquisitions; and
F. Day-to-day operations.
6.6 What funding sources are available for remediation, abatement, and environmental compliance projects? Once they identify projects, Project Leaders/Facility Managers determine which source of funding is appropriate for their project. The Regional Engineer/Environmental Compliance Coordinator can assist the Project Leaders/Facility Managers to determine the appropriate source from the following funds.
A. Department of the Interior Central Hazardous Materials Fund.
(1) We may only use the Central Hazardous Materials Fund for CERCLA response actions. To determine if a response to a release or threatened release of hazardous substances is necessary, we must first complete a preliminary assessment/site inspection report or the equivalent, as specified by the National Contingency Plan (NCP) (40 CFR 300) (see 561 FW 10).
(2) We must aggressively pursue potentially responsible parties to clean up their share of contamination or to recover cleanup costs (see 518 DM 2). Potentially responsible parties are the people or organizations we believe are responsible for releases of hazardous substances on Service-managed land.
(3) Every year the Department asks the bureaus to make requests for funding from the Central Hazardous Materials Fund for projects that qualify and to provide a status report for each ongoing project.
(a) Project Leaders/Facility Managers must send their proposed projects and status reports to the Environmental Compliance Branch in Washington.
(b) Staff in the Environmental Compliance Branch compile the project requests and status reports and send them to the Department.
(1) The National Wildlife System Budget Allocation Handbook provides information on the Refuge Cleanup Fund.
(2) The Director sends a memorandum out annually that:
(a) Invites the Regions to submit funding proposals,
(b) Provides information on the types of projects that are eligible for funding,
(c) Establishes deadlines for submitting proposals and annual accomplishment reports, and
(d) Outlines criteria used to score the proposals.
C. Emergency Construction Account. The Emergency Construction Account is available to address environmental issues that have critical human health or safety concerns requiring immediate attention. We will only consider projects that we estimate will cost more than $100,000. See 360 FW 1, Exhibit 2 for detailed procedures.
(1) Process for Requests: Regional Directors ask the Director for funds from the Emergency Construction Account for projects.
(a) The Director sends the requests to the appropriate programmatic Assistant Director and the Division of Engineering for evaluation. If a project involves cleanup of hazardous substances or oil, the Director also sends the request to the Assistant Director - Fisheries and Habitat Conservation.
(b) The Division of Engineering makes recommendations to the Director and asks for concurrence from the appropriate programmatic Assistant Director(s).
(c) Based on the recommendations, the Director determines whether to fund projects using the Emergency Construction Account.
(2) Examples: Following are examples of the types of environmental projects the Director will consider for funding from the Emergency Construction Account:
(a) Emergency response to chemical and hazardous material accidents that cause the release of hazardous substances;
(b) Cleanup of hazardous waste sites where there is a demonstrated need for immediate removal action;
(c) Removal and replacement of leaking underground storage tanks:
(i) To comply with State or Federal law,
(ii) For groundwater remediation if nearby public water supplies or natural resources are threatened, or
(iii) If there is a proven threat to public safety;
(d) Remediation of radon levels or other hazardous gases or substances that exceed EPA standards or jeopardize human health (see 561 FW 12);
(e) Unplanned rehabilitation of existing deteriorated storage facilities for hazardous materials and flammables, if these facilities cause an imminent threat of accidental release of toxics by fire or explosion, and the deterioration was caused by factors beyond normal control (normal rehabilitation projects are addressed through the Service Asset and Maintenance Management System (see section 6.6D) or the Construction Appropriation (see section 6.6E)); and
(f) Abatement of friable asbestos that is an immediate threat to human health.
(3) Coordination: The Chief, Division of Engineering coordinates the evaluation and funding of all proposed projects that use Emergency Construction Account funds.
D. Service Asset and Maintenance Management System Funds. Project Leaders/Facility Managers may use the Service Asset and Maintenance Management System (SAMMS) and the Service's 5-Year Maintenance Plan to request maintenance funds for environmental projects involving existing facilities (see 372 FW 1). They should use SAMMS to send proposed projects to the Regional SAAMS Coordinator.
E. Service Construction Appropriation. Project Leaders/Facility Managers may request construction funds for environmental projects by sending proposals through the annual 5-Year Construction Plan development process. Regional Directors send project priorities to the Director, consistent with annual budget development guidance. We use this account for larger, new construction projects that do not meet the criteria of SAMMS, such as sewage treatment projects.
F. Operational Funding. Project Leaders/Facility Managers may use operational funds for minor compliance and removal projects.
For information on the content of this chapter, contact the Environmental Compliance Branch. For more information about this Web site, contact Krista Bibb of the Division of Policy and Directives Management.