FEDERAL FACILITIES COMPLIANCE ACT (FFCA)

[Aimee Houghton <aimeeh@igc.org>]

From: Aimee Houghton <aimeeh@igc.org>
Subject: FEDERAL FACILITIES COMPLIANCE ACT (FFCA)

*********** WARNING: THIS IS A LONG FILE ***********

Questions For The Record
Senate Armed Services Committee, Readiness Subcommittee
Environmental Security Programs

April 5, 1996
-------------------------------------------------------------------------
The Federal Facilities Compliance Act (FFCA)

 Senator McCain: The Federal Facilities Compliance Act (FFCA) of 1992 
amended the Hazardous and Solid Waste Disposal Act by applying certain 
requirements and sanctions to Federal facilities. FFCA expressly waived 
federal sovereign immunity for civil, criminal, and administrative fines 
and penalties.
 (a) What amount of FFCA fines and penalties have been assessed against 
each military department in FY 1995 and for FY 1996? Identify by 
Military Department, nature of the violation, and fiscal year.
 (b) What fines and penalties were paid in FY 1995 and in FY 1996? 
Identify the amount of fines and penalties paid, and those satisfied with 
supplemental environmental projects (SEPs).
 (c) To what extent have the regulators used the RCRA/CERCLA overlap to
facilitate the assessment of FFCA fines and penalties for failure to meet 
schedules and milestones at CERCLA sites.

 Ms Goodman: (a) The follwing is a summary of FFCA Fines and Penalties 
assessed:

 MARINE AIR 
 ARMY NAVY CORPS FORCE DLA
FY 93 $3,995,041 $785,474 $84,900 $1,244,398 $ 2,600
FY 94 $6,298,432 $ 40,800 $41,724 $ 251,536 $81,345
FY 95 $ 639,216 $276,330 $ 0 $ 81,000 $ 4,000
 $10,932,689 $1,102,604 $126,624 $1,576,934 $87,945

DoD Total Assessed- $13,826,796 (FY 93- FY 95)

Note: This table reflects data available as of March 29, 1996, but 
changes can occur through negotiations. FY 1996 data is not available at 
this time.

 Typical violations identified by EPA and the States include alleged 
violations of technical regulatory requirements. The four most common 
allegations made are: (1) improper labeling; (2) accumlating hazardous 
waste in excess of 90 days; (3) failure to make a waste determination; 
and , (4) lack of training and failure to document training. 
 (b) The following is a summary of FFCA Fines and Penalies paid (without 
SEPs):

 MARINE AIR 
 ARMY NAVY CORPS FORCE DLA

FY 93* $ 27,334 $74,309 $ 0 $102,081 $ 0
FY 94 $ 249,849 $437,540 $84,400 $ 93,376 $19,000
FY 95 $1,111,501 $409,757 $ 0 $ 88,634 $ 0
 $1,388,684 $921,606 $84,400 $284,091 $19,000

DoD Total Paid- $2,697,781 (FY 93*- FY 95)

Note: * reflects Second Half FY 93 data only.

 Penalties may be resolved by payment of monetary fines or by 
negotiating Supplemental Environmental Projects (SEP) in lieu of payment 
of monetary fines. SEPs are environmentally beneficial projects that a 
violator agrees to undertake in settlement of an enforcement action, but 
which the violator is not otherwise legally required to perform. EPA and 
DoD support this negotiation because SEPs protect public health and 
provide direct environmental benefits. The additional fines and 
penalties satisfied through SEPs is summarized below:

 MARINE AIR
 ARMY NAVY CORPS FORCE DLA

FY 95 $1,568,231 $0 $0 $31,604 $0

DoD SEP Total- $1,599,835 (FY95)

 Army SEP examples include elimination of spent solvent with 
non-hazardous solvent, relocation of satellite accumulation areas, 
Environmental Compliance Officer Training Program, and implementaion of 
model hazardous substance management system.
 Air Force SEP's accomplished include EOD awareness training to the 
local community and seven RCRA programs at Mt. Home AFB, Idaho.
 (c) The Air Force has not experienced fines and penalties for failure 
to meet schedules at CERCLA sites based on regulator use of the 
RCRA/CERCLA overlap. Army and Navy data will be provided at a later date.