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:

• Clean Air Act
• Resource Conservation and Recovery Act (RCRA)
• Safe Drinking Water Act (SDWA)

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 Position Regarding Issuance of Imminent and Substantial Endangerment Orders at DOD facilities (December 1, 2008)

• EPA’s Assessment of Penalties Against Federal Agencies for Violation of Underground Storage Tank Requirements (June 14, 2000)

• Implementation of EPA's Penalty/Compliance Order Authority Against Federal Agencies under the Clean Air Act (October 9, 1998)

• Administrative Assessment of Civil Penalties Against Federal Agencies under the CAA (July 16, 1997)

• Guidance on Federal Facility Penalty Order Authority under the Safe Drinking Water Act, as Amended in 1996. (May 29, 1998)

• Guidance on Calculating the Economic Benefit of Noncompliance by Federal Agencies (February 13, 2006)

• Guidance on Calculating the Economic Benefit of Noncompliance by Federal Agencies (September 30, 1999)
• Use of Contract Inspectors for EPA's Federal Facility Compliance Inspections/Evaluations (Nov. 1, 2005)
• Clarification on the Use of Contract Inspectors for EPA's Federal Facility Compliance Inspections/Evaluations (Sept. 19, 2006)

• EPA Enforcement Policy for Government Owned, Contractor Operated (GOCO) Facilities (January 7, 1994)

Federal Facility Cleanup & Waste Information

Compliance

• 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. 
    • Revised Transferee Policy Towards Landowners and Transferees of Fed Facts to Encourage Cleanup 5-2019

• CERCLA/Records of Decision

  • ​Dave Kling and James Woolford Memorandum to all Superfund National Program Managers and Offices of Regional Counsel to confirm the resolution of the post-ROD dispute as described in the October 2, 2003 letter from Raymond Dubois, Jr. (November 25, 2003)
  • ​Memorandum from Steven Herman, AA and Thomas L. McCall to all the Regional Administrators , Waste Management Division Directors and Regional Counsels regarding final enforcement guidance on implementation of the Federal Facility Compliance Act. (July 6, 1993)

• Mines

  • ​Policy on Listing Mixed Ownership Mine or Mill Sites on Federal Agency Hazardous Waste Compliance Docket (June 24, 2003)

• Munitions

  • ​U.S. Corps of Engineers (COE) Letters Regarding Munitions on Closed Military Ranges (October 21, 2005)  

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.