Federal Facilities FY 2023 Annual Results
Federal Facilities are defined as buildings, installations, structures, land, public works, equipment, aircraft, vessels, other vehicles, and property, owned, constructed or manufactured for leasing to the Federal government. 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. Below are some of the case highlights from the Federal Facilities portfolio.
Red Hill Consent Order Ensures Safe Defueling and Safe Drinking Water in Hawaii
On June 2, 2023, EPA finalized an administrative consent order under section 7003 of the Resource Conservation and Recovery Act (RCRA) 7003 and section 1431 of the Safe Drinking Water Act (SDWA) with the U.S. Department of the Navy and the Defense Logistics Agency (DLA) to ensure the safe defueling and closure of the Red Hill Bulk Fuel Storage Facility (“Red Hill”) at Joint Base Pearl Harbor-Hickam. The enforcement action prevented the release of about 104 million gallons of fuel,
Red Hill is a 250-million-gallon underground tank farm, located over a sole source drinking water aquifer for the city of Honolulu, Hawaii that currently holds about 104 million gallons of fuel. The consent order also ensures that the Navy properly operates EPA issued a and maintains the Joint Base’s drinking water system serving 93,000 users to protect the health and safety of its consumers and the drinking water aquifer feeding the system.
After issuing the proposed consent order, EPA sought public comments and hosted two in-person public meetings. After reviewing 1,700 public comments, the Agency revised the proposed consent order to enhance public participation, add new requirements for defueling deadlines and milestones and release reporting, and commit to include the perspectives and insights of Native Hawai‘ians and Hawai‘i residents in the decision-making process implementing the final consent order. As EPA’s actions at Red Hill prevented the release of about 104,000,000 million gallons of fuel, this is a highly significant enforcement resolution for FY 2023.
Lead-Based Paint Investigations of Privatized Military Housing
Consistent with EPA’s Strategy to Reduce Lead Exposures and Disparities in U.S. Communities, FFEO is continuing efforts to increase privatized military housing companies’ compliance with the Toxic Substances Control Act (TSCA) Lead Renovation Repair and Painting Rule and Lead Disclosure Rule in privatized military housing. In FY 2023, FFEO issued national subpoenas and information request letters to assess the TSCA compliance of five property management companies that manage approximately 70% of pre-1978 privatized military housing, or about 37,000 units. Approximately 179,000 families and approximately 215,000 children reside in privatized military housing nationally.
Nationally Significant Clean Water Act Compliance Agreement with the Forest Service
On February 16, 2023, EPA entered a federal facilities compliance agreement (FFCA) with the U.S. Forest Service to address the Forest Service’s nationwide aerial discharges of fire retardant into waters of the United States. In collaboration with EPA’s Office of Water, FFEO negotiated the enforceable agreement and compliance plan to ensure the Forest Service can continue their critical firefighting mission on federal forest lands, while complying with the Clean Water Act. Under the agreement, the Forest Service is required to obtain, or seek coverage under, a NPDES permit for its nationwide application of aerial fire retardant, and to adhere to best practices for pilot direction and aerial application guidelines. In May 2023, in advance of fire season, a federal district court rejected a motion to enjoin the Forest Service from the aerial deployment of fire retardant, relying in part on the FFCA requirements.
PFAS Sampling of Private Drinking Water Wells Near Military Installations
In FY 2023, EPA initiated sampling of private drinking water wells near military installations with known, significant per- and polyfluoroalkyl substances (PFAS) contamination. Using publicly available data published by the Department of Defense about PFAS contamination near and at military installations, and demographic and information about surrounding communities with potential environmental justice (EJ) concerns, the Agency developed a list of high priority sites potentially impacting nearby drinking water. EPA collaborated with its regional offices and state environmental agencies to conduct sampling at these high priority sites, working with community residents to access their private drinking water wells. Through this work, elevated levels of PFAS were identified in drinking water and DoD has provided alternative water to the impacted households. EPA will continue this sampling work in FY 2024.
FedCenter: Federal Facilities Environmental Stewardship and Compliance Assistance Center
For over 20 years, FedCenter has successfully assisted federal government facilities with environmental stewardship and compliance assistance and is an essential resource for government environmental managers. FedCenter is a joint initiative of EPA’s Federal Facilities Enforcement Office, and the U.S. Army Engineer Research and Development Center’s Construction Engineering Research Laboratory (ERDC-CERL). It is supported and governed by a consortium of over 15 federal agencies and serves over 2,300 environmental professionals in both the public and private sectors. FedCenter provides cutting edge information, including recently added per and polyfluoroalkyl substances (PFAS) and climate change and adaption resources, and information on federal efforts to integrate EJ considerations into all policies, program, and activities.