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Facility Lead Program
Frequently Asked Questions
What is the Facility Lead program?
The Facility Lead program provides an opportunity for companies not currently under a permit or an order to initiate corrective action using a streamlined agreement to investigate and clean up a facility.
How does a facility enter the Facility Lead program?
After being invited into the program by EPA, the facility sends EPA a letter of commitment acknowledging the requirements of the Facility Lead Agreement which includes, but is not limited to, a workplan, a site investigation schedule, a data quality assurance plan, time frames for achieving EPA's Environmental Indicators, a discussion of any proposed interim measures, a plan for public participation, and schedule for reporting.
What kind of facilities are good candidates for the program?
Good candidates include facilities which meet most of the following factors:
- corrective action has started
- limited units and releases
- good enforcement record
- State approval
- financial and technical capability
- willingness to work with the Agency
We have a broad range of facilities currently participating in the program.
What are the advantages to participating in the Facility Lead program?
The major advantages in participating in this program include reduced administrative burden, scheduling flexibility, reduced costs and less emphasis on process.
What are the disadvantages to participating in the Facility Lead program?
One disadvantage of participating in this program is that the Facility Lead Agreement will not survive a property transfer or bankruptcy. In some cases the current operator of the property is not responsible for the contamination and may want the responsible party under an enforceable document. Some facilities prefer an enforceable document based on corporate policy.
Are the goals and expectation different under the Facility Lead Agreement as opposed to under a Permit or an Order?
No. The goals established in Facility Lead Agreement are the same as the goals in EPA's Orders and Permits.
Can I enter the program if I already have a Permit or an Order?
No. This program is not for facilities which already have a Permit or Order for Corrective Action. However, opportunities for streamlining the corrective action process are also available for facilities with Permits or Orders.
Is the Facility Lead agreement enforceable?
No, but EPA may choose to issue a Permit or Order at any time.
Can a facility withdraw from the Facility Lead at any time?
Yes, a facility may withdraw out of the program at any time. However, if the facility has not met EPA's cleanup goals, EPA would then likely issue an enforceable document.
What is the current status of the program?
Since the program began a large number of high, medium, low priority and unranked facilities joined the Facility Lead program. To view information concerning the Facility Lead program, and to see the present status of the facilities in the program, please visit Region 3's web site listing the participating facilities, www.epa.gov/reg3wcmd/ca/fl_sites.htm.
Who do I contact for more information?
For more information about the Facility Lead program, please contact Denis Zielinski at (215) 814-3431 or zielinski.denis@epa.gov.