Enforcement at Federal Facilities
Federal agencies and their facilities must comply with environmental laws and requirements in the same manner and to the same extent as any other regulated facility.
Federal facilities include lands and improvements to lands (buildings, structures, and equipment) owned by, constructed or manufactured for the purpose of leasing to, the federal government. (See the definition of all types of federal facilities.)
- Environmental Laws
- Enforcement and Compliance Resources
- Policy and Guidance
- Cleanup & Waste Information
- PFAS and Federal Facilities
Environmental Laws & Federal Facilities
EPA has explicit authority to enforce the law and assess fines at federal facilities violating environmental statutes including the:
Federal facilities must also clean up environmental contamination at their facilities, and federal facilities that are significantly contaminated may be listed on the National Priorities List (NPL). Cleanup is required by presidential Executive Orders, and the environmental statutes listed below, which also give EPA authority to enforce these requirements:
- Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA or Superfund)
- Resource Conservation And Recovery Act (RCRA), including the Underground Storage Act (UST) program
- Oil Pollution Act (OPA)
- Clean Water Act (CWA)
Find a federal facilities’ compliance history with the Clean Water Act, Clean Air Act, and hazardous waste laws. Search ECHO (Enforcement and Compliance History Online)
Federal Facility Enforcement and Compliance Resources
- EPA’s Guide to Enforcement and Compliance at Federal Facilities explains the federal government’s responsibilities under the environmental statutes, and the enforcement and compliance process used by EPA at federal facilities (Formerly known as The Yellow Book: Guide to Environment and Compliance at Federal Facilities”
- FedCenter, is an inter-agency environmental stewardship and compliance assistance center for federal facilities.
Federal Facility Enforcement Policy and Guidance
- EPA Enforcement Policy for Government Owned, Contractor Operated (GOCO) Facilities (January 7, 1994)
- EPA Administrator Whitman’s letter to Senator Jeffords, Chairman, Committee on Environment and Public Works, regarding holding federal facilities to the same environmental standards that apply to private facilities. (October 4, 2001)
Federal Facility Cleanup & Waste Information
Compliance
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EPA Revises Policy to Help Redevelopment at Federal Facility Superfund Sites
- As part of the U.S. EPA’s July 25, 2017, Superfund Task Force Report Recommendation 30, on May 17, 2019, EPA revised its 1997 “Policy Towards Landowners and Transferees of Federal Facilities.” Recommendation 30 directed the revision as part of the Report’s Goal 3, “Encouraging Private Investment.” The revised policy is intended to encourage reuse and redevelopment of federal property. EPA developed the policy in coordination with two state organizations, ECOS and ASTSWMO, and other federal agencies.
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Recommendation 30 Federal Facilities Agreement (FFA) Amendment to Place FFAs on Hold - Options 1 and 2
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Recommendation 30 of EPA's Superfund Task Force Report directed EPA to develop Federal facilities language for placing Federal Facility Agreement (FFA) provisions on hold in instances where a third party wants to do the work. This Recommendation is also part of the Report's Goal 3 of "Encouraging Private Investment." To encourage reuse and redevelopment, either of these two FFA amendments could be used as a starting point for negotiations with the applicable Federal agency. EPA developed these amendments taking into account Federal agency and state comments. DoD prefers Option 2.
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EPA issues Principles for Reinforcing Federal Facility Agreement Informal and Formal Dispute Timelines
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The pace of cleanup at federal facility Superfund sites can be delayed when Federal Facility Agreement (FFA) parties continue disputes beyond the agreed-upon dispute resolution timelines specified in negotiated FFAs. However, because disagreements and disputes are fact-specific, a fluid rather than a one-size-fits-all process may at times be necessary. This September 2018, memorandum sets out principles clarifying and reinforcing the importance of adhering to agreed-upon FFA informal and formal dispute timelines. These principles support Recommendation 18 of the Administrator's Superfund Task Force Recommendations report, released on July 25, 2017.
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CERCLA/Records of Decision
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Hastings Naval Ammunition Depot
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Tyndall Air Force Base
- Letter to Mr. Gerald F. Pease, US Air Force and Ms. Maureen Sullivan US DOD regarding contamination and cleanup at Tyndall AFB, FL (January 22, 2013)
- Letter from EPA Assistant Administrator, to Mr. Terry Yonkers, Asst. Sec. for Installations, Environment, and Logistics, USAF, regarding the memorandum on Environmental Restoration Program (ERP) at Tyndall AFB, FL (September 13, 2010)
PFAS and Federal Facilities
PFAS (per- and polyfluoroalkyl substances) are widely used, long lasting chemicals, components of which break down very slowly over time. Because of their widespread use and their persistence in the environment, many PFAS are found all over the world.
PFAS are found in water, air, fish, and soil at locations across the nation and the globe. Scientific studies have shown that exposure to some PFAS in the environment may be linked to harmful health effects in humans and animals. There are thousands of PFAS chemicals, and they are found in many different consumer, commercial, and industrial products, and are also found in groundwater and soil at many federal facilities, including at National Priority List (NPL) cleanup sites.
Department of Defense National Priority List (NPL) sites which have PFAS contamination.
You can learn more about PFAS by visiting EPA’s webpages.
EPA is also prioritizing PFAS in its National Enforcement and Compliance Initiatives.