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Division of Enforcement and Compliance Assistance (DECA)

Division of Enforcement and Compliance Assistance (DECA)

Brings together nearly all the people working in the enforcement arena to plan and implement a comprehensive, multi-media enforcement and compliance program for the region. The division will ensure compliance with the full range of environmental statutes and regulations for the air, surface water, drinking water, ground water, solid and hazardous waste, UST/LUST, and pesticides and toxic substances programs. Enforcement for the Superfund, oil spill prevention, emergency planning, wetlands and oceans programs will be handled within the appropriate divisions. Integrated enforcement planning will allow the region to respond comprehensively to facilities that are in violation of more than one federal statute. DECA also provides an enhanced focus on compliance assistance, supporting this Administration's efforts in the area of regulatory reform.

Organization and Functions

Director, Division of Enforcement and Compliance Assistance: Directs the planning, implementation, and control of a comprehensive regional program to ensure compliance with the full range of environmental statutes and regulations for the air, surface water, drinking water, ground water, solid and hazardous waste, UST/LUST, and pesticides and toxic substances programs, but not for the Superfund, oil spill prevention, emergency planning, wetlands, or ocean programs. Directs full range of programmatic as well as compliance and enforcement activities for the pesticides, toxics, UIC, AHERA, and UST/LUST programs, including recommendation of grant awards under these programs to the Regional Administrator. Directs programmatic as well as compliance and enforcement activities for the NPDES permit issuance and Construction Grants/SRF programs in Puerto Rico and the U.S. Virgin Islands. Ensures close coordination and communication with the Director, DEPP, with regard to key inter-divisional processes and functions and with the Director, CEPD, with regard to actions taken in the Caribbean.

Negotiates compliance and enforcement elements of joint EPA/State strategic plans and state grant workplans/partnership agreements across all media, ensuring participation in strategic planning process of DEPP. Negotiates annual Memorandum of Agreement with HQ OECA and State/EPA Enforcement Agreements, in coordination with Office of Regional Counsel. Manages a comprehensive compliance assurance program under all environmental statutes, including inspections, evaluations of compliance, determinations of appropriate enforcement responses to violations, development/issuance/settlement of administrative enforcement actions, technical support for criminal enforcement, and Federal Facility compliance. Ensures that compliance strategies are multi-media wherever possible and that environmental justice objectives are addressed. Ensures that integrated compliance assistance is targeted and delivered to promote responsible environmental behavior and prevent pollution. Ensures enforceability of many regional actions including state delegations, permits, and State Implementation Plans. Integrates asbestos activities under both Clean Air Act and AHERA.

Maintains close communication and coordination with state compliance and enforcement programs and other key stakeholders. Ensures efficient and effective management of resources within DECA in order to accomplish the division's goals, objectives, and priorities, promote staff development, and facilitate teambuilding within and across divisional lines.

The Division of Enforcement and Compliance Assistance consists of five branches and two teams reporting to the Director.

The Strategic Planning Team is responsible for development, coordination and monitoring of multimedia strategic planning for enforcement and compliance within DECA, including annual Memorandum of Agreement with HQ OECA, and compliance and enforcement elements of joint EPA/State strategic plans. Develops and reports on performance measures and environmental indicators. Develops and coordinates environmental justice projects within the division in order to promote equitable compliance and enforcement across the region.

The Multimedia Team is responsible for implementing, coordinating, and monitoring comprehensive crossprogram compliance assurance and enforcement activities within DECA. Includes participation of senior engineers and scientists from media branches within DECA to conduct multimedia inspections and promote integrated, whole facility approaches that fostercompliance in a holistic manner. The leader of this team coordinates the Multimedia Enforcement Steering Committee.

Deputy Director: The Deputy Director participates fully with the Director in the management of the Division and acts as Division Director in the absence of the Director.

Pesticides and Toxic Substances Branch: The Pesticides and Toxic Substances Branch consists of the Toxics Section and a variety of teams that report directly to the Branch Chief. The Branch is responsible for managing the full range of program planning, implementation, and compliance assurance associated with the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA), Toxic Substances Control Act (TSCA), Residential Lead-based Paint Hazard Reduction Act, and Section 313 of the Emergency Planning and Community Right-to-Know Act (Title III of Superfund/SARA.) Negotiates state grant workplan commitments. The Branch Chief supervises the Data Coordinator, the Pesticides Team, and the Lead Team.

Toxics Section: The Toxics Section has responsibility for ensuring industry's compliance with TSCA regulations and the Community Right to Know Act. Under the Title III Program, the Section is responsible for ensuring compliance with the required Toxic Release Inventory (TRI) information, implementing the annual TRI reporting requirement, and advising affected communities on the provisions of the Sec. 313 regulations. Includes comprehensive compliance assurance program of inspections, evaluations of compliance, determination of appropriate enforcement responses to violations, and development/issuance/settlement of enforcement actions.

Provides technical assistance to state programs. Takes administrative/civil criminal enforcement in conjunction with the Office of Regional Counsel and Department of Justice. Conducts enforcement settlement conferences. Prepares technical evaluations and testimony in support of criminal and civil litigation.

Air Compliance Branch: The Air Compliance Branch consists of the Air Compliance Section and a variety of teams that report directly to the Branch Chief. The Branch is responsible for implementing a comprehensive compliance assurance program to address violations of the Clean Air Act, State Implementation Plans, New Source Performance Standards (NSPS), National Emission Standards for Hazardous Air Pollutants (NESHAPS), and Asbestos Hazard Emergency Response Act (AHERA). Manages state delegation of air enforcement functions. Reviews for enforceability regional actions such as state delegations, permit actions, and State Implementation Plans. The Branch Chief supervises the Senior Enforcement Team and the Asbestos (CAA/AHERA) Team.

Stationary Source Compliance Section: The Stationary Source Compliance Section is responsible for implementing a comprehensive compliance assurance program for stationary air sources under the Clean Air Act. Includes inspections, evaluations of compliance, determinations of appropriate enforcement responses to violations, and development/issuance/settlement of enforcement actions. Provides technical assistance to state enforcement programs, maintains oversight of state enforcement programs, negotiates air compliance and enforcement activities under state grant workplans and State/EPA Enforcement Agreements. Prepares administrative/civil and/or criminal enforcement actions, technical evaluations and litigation support in conjunction with the Office of Regional Counsel. state and local governments.

RCRA Compliance Branch: The RCRA Compliance Branch consists of the RCRA Compliance Section and a variety of teams that report directly to the Branch Chief. The Branch is responsible for implementing a comprehensive compliance assurance program to address violations of the Resource Conservation and Recovery Act (RCRA), Hazardous and Solid Waste Amendments (HSWA), Solid Waste Disposal Act (SWDA) , Federal Facility Compliance Act (FFCA) and implementing regulations. Manages state delegations of hazardous waste compliance and enforcement activities. Reviews for enforceability regional hazardous waste program actions such as state delegations and permits. The Branch Chief supervises the Senior Enforcement Team and the Special Wastes Team.

Hazardous Waste Compliance Section: The Hazardous Waste Compliance Section is responsible for implementing a comprehensive compliance assurance program for facilities regulated under RCRA, HSWA, and the Solid Waste Disposal Act. Includes inspections, evaluations of compliance, determinations of appropriate enforcement responses to violations, and development/issuance/settlement of enforcement actions. Provides technical assistance to state enforcement programs, maintains oversight of state enforcement programs, negotiates hazardous waste compliance and enforcement activities under grant workplans and State/EPA Enforcement Agreements. Prepares administrative/civil and or criminal enforcement actions, technical evaluations and litigation support in conjunction with the Office of Regional Counsel and Department of Justice.

Water Compliance Branch: The Water Compliance Branch consists of the Groundwater Compliance Section, Caribbean Section, and a variety of teams that report directly to the Branch Chief. The Branch is responsible for implementing a comprehensive compliance assurance program to address violations of the Resource Conservation and Recovery Act (RCRA)/Underground Storage Tank (UST) program, Clean Water Act (CWA)/National Pollutant Discharge Elimination System/Industrial Waste Pretreatment (NPDES) programs, Safe Drinking Water Act (SDWA)/Underground Injection Control (UIC) and Public Water System (PWS) programs, and implementing regulations of these statutes. Includes full range of programmatic responsibilities for the UST and UIC programs and full range of programmatic responsibilities for the NPDES Permit Issuance and Construction Grant/SRF programs in the Caribbean.

Manages state delegation of water pollution control programs and oversight of state implementation of delegated responsibilities. Reviews for enforceability regional CWA/SDWA actions such as state delegations and permits. The Branch Chief supervises the Senior Enforcement Team, Public Water System Team, and NPDES team.

Groundwater Compliance Section: The section is responsible for comprehensive implementation of the RCRA/UST and SDWA groundwater protection programs and their implementing regulations. Includes strategic planning; providing technical assistance, guidance, and training to state UST programs; negotiating state grant workplans and monitoring state performance. Compliance assurance program includes inspections, evaluations of compliance, determinations of appropriate enforcement responses to violations and development/ issuance/settlement of enforcement actions. Prepares administrative/civil and/or criminal enforcement actions, technical evaluations, and litigation support in conjunction with the Office of Regional Counsel and Department of Justice. Issues UIC permits in undelegated states.

Caribbean Section: The Caribbean Section is responsible for ensuring compliance in Caribbean jurisdictions of Puerto Rico and the Virgin Islands regarding surface water requirements underthe Clean Water Act (CWA)/National Pollutant Discharge Elimination System (NPDES) and Construction Grants/State Revolving Fund (SRF) programs. Inspects industrial and municipal sources for compliance determinations. Implements Construction Grants/State Revolving Fund programs and NPDES municipal permit issuance programs for Caribbean jurisdictions. Provides technical assistance to enforcement programs in the Caribbean, maintains state oversight, negotiates enforcement activities in grant workplans. Prepares administrative/civil and/or technical criminal enforcement actions, evaluations and testimony for enforcement cases in the Caribbean, in conjunction with Office of Regional Counsel and Department Of Justice. The Section coordinates its activities closely with the Caribbean Environmental Protection Division.

Compliance Assistance and Program Support Branch: The Compliance Assistance and Program Support Branch consists of the Compliance Assistance Section and a variety of teams reporting directly to the Branch Chief. Branch is responsible for implementing multi-media compliance assistance to the regulated community and the public, with particular emphasis on vulnerable sectors, such as small business and local governments. Delivers information, education, and technical assistance in coordination with state compliance assistance programs in order to promote responsible environmental behavior and prevent pollution. Focuses on strengthening state compliance assistance programs.

Provides core program support functions to all media programs within the divisions, including data management, public notifications and hearings. Encourages technological innovation within the regulated community to support compliance and pollution prevention; promotes the transfer of alternative/innovative technologies to the regulated community and other stakeholders. Branch chief supervises the Technology Transfer Coordinator, the Program Support Team, and Data Management Team.

Compliance Assistance Section: Responsible for targeting and delivering compliance assistance to strengthen responsible environmental behavior and pollution prevention. Promotes integration of pollution prevention within compliance programs of the division and states and dissemination of pollution prevention information and technical assistance. Strengthens state compliance assistance programs and coordinates state/EPA compliance assistance to ensure maximum coverage. Uses wide array of compliance assistance strategies targeted to noncomplying or vulnerable sectors, such as small business, local governments, newly regulated sources; sensitive ecosystems; and multi-media place-based initiatives. Coordinates multi-media enforcement and compliance assistance program for Federal Facilities.

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