5. It is important to develop ways to demonstrate that ECR is effective and in order
savings and performance outcomes. Agencies are encouraged to work toward
6. Describe other significant efforts your agency has taken in FY 2008 to anticipate, prevent,
better manage, or resolve environmental issues and conflicts that do not fit within the Policy
Several Components of DHS made significant efforts to anticipate, prevent, better manage, or
resolve environmental issues and conflicts that do not fit within ECR. Here are several
United States Coast Guard (USCG):
The USCG often uses Federal oversight agencies such as the Council for Environmental
Quality, the Advisory Council on Historic Preservation, or the Environmental Protection Agency
to mediate more minor environmental/historic disputes that may arise between the USCG and
others including other Federal, State, or private regulatory agencies and the public. It gives
appropriate public notice and invites cooperating agencies to be part of its National
Environmental Policy Act process and interested/consulting parties to participate in USCG's
National Historic Preservation Act Section 106 processes. This ensures that affected parties can
voice their opinions and concerns while a USCG proposal or action is being developed and prior
to it being implemented. This often works to ensure that disputes over environmental issues do
not escalate to a level where the USCG has no recourse but to seek ECR.
The Federal Emergency Management Agency (FEMA):
The FEMA Occupational Safety, Health and Environment Office's (OSHE) Environmental
Management Program provides Agency and facility-level environmental compliance support.
These efforts have included negotiation with Federal, State and local regulatory agencies
concerning agency environmental compliance concerns, consultation with other federal agencies
concerning environmental plans and actions for joint operations, development and
implementation of interagency agreements for use of FEMA property and assets and
negotiations with property owners where FEMA may be operating as a tenant or lessee. In
some circumstances, these interactions may be interpreted as a type of environmental conflict
resolution. Examples of such activities in Fiscal Year 2008 included:
• Negotiations with the State of California Air Pollution Control Board concerning the waiver of
permitting requirements for 130 portable emergency-use generators staged at the FEMA
Distribution Center (DC) leased from the NASA Ames Research Center in Moffett Field,
• Work with the State of Maryland, Department of Environment (MDE) and the current landowner
at the Frostburg, Maryland Temporary Housing Storage Area to reconcile responsibilities for,
and actions to address sediment control and stormwater permitting requirements for the facility.
• Corrective action planning with the MDE to address the improper disturbance of wetlands
associated with the rerouting of a wastewater treatment plant line without authorization at the
Olney Federal Support Center, Maryland.
• Negotiations with the US Environmental Protection Agency concerning process and timeline for
completion of a comprehensive request for information on regulated underground storage tanks
(USTs) in the Agency and follow-up tank management actions to demonstrate compliance.
• Interactions with the State of New Jersey Department of Environmental Protection to address
an administrative order and notice of civil penalty for noncompliant USTs at a FEMA
Point-of-Entry Program (PEP) radio station in Lodi, New Jersey.
Transportation Security Administration (TSA):
There are several examples of TSA efforts undertaken by the TSA Office of Occupational Safety,
Health, and Environment (OSHE), Environment and Energy Branch, in FY 2008:
-TSA held regional TSA/EPA Regulatory Compliance Workshops with EPA and state regulators
in the following EPA Regional Headquarters cities:
•Atlanta, Georgia (EPA Region 4)
•Philadelphia, Pennsylvania (EPA Regions 2 and 3)
•Chicago, Illinois (EPA Region 5)
•Dallas, Texas (EPA Region 6)
•San Francisco, California (EPA Region 9)
These workshops allowed TSA to increase EPA and State regulatory inspector understanding of
TSA’s regulatory approach; provide training to the Environmental Management Coordinators
(EMCs); and provide an opportunity for participants to interact and develop a positive rapport
with the EPA and state regulatory inspectors. These workshops educated both the regulators
and the airport staff on TSA HAZMAT policies and procedures and served to address potential
problems and conflicts with operational inspections.
- TSA expanded the Environmental Planning Program through outreach with the TSA Office of
Security Technology (OST) and the TSA Office of Transportation Sector Network Management
(TSNM) resulting in OSHE reviewing a greater number of projects that have potential
-OSHE met with points of contact (POC) from the TSA passenger and baggage screening
programs and POCs from the TSA offices that specialize in the various modes of transportation.
This led to greater awareness of the Environmental Planning Program from the Program Offices
and prevented potential issues and conflicts between TSA and environmental stakeholders.
- TSA developed an online Environmental Planning Course and assigned it to appropriate TSA
employees. The training was designed to increase awareness of the Environmental Planning
Program among TSA staff and prevented potential problems occurring from TSA employees who
would not otherwise be aware of environmental planning laws and regulations.
-TSA completed reviews of all available TSA program acquisition plans to identify environmental
planning requirements early in the acquisition life cycle, which helped prevent issues and
problems from occurring later on.