“Designing an Institution to Track Institutional Controls” Federal Perspective Brownfields 2003 October 28, 2003

The IC Tracking System / Network Many environmental cleanup programs rely on ICs: Protect human health and the environment Protect the integrity of the remedy Many agencies cannot easily determine: where ICs are required, if they have been implemented, if they are being monitored and whether they are being enforced

IC Tracking Concept Clear need to track life-cycle of ICs Cross-program and cross-agency GIS Map based Web-enabled for stakeholder access to information Two tier approach Develop a system for EPA lead sites Encourage a network for other sites

IC Tracking: A Network of Linked Systems

Cross-Program/Cross-Agency Input Developed a data category universe Queried over 300 agencies (Federal, State and Local) Conducted focus groups in 2002 Headquarters Group - June 5 States Focus Group - June 18-19 Regional Focus Group - June 26-27 Other Federal Agencies - July 23-24 Non-regulated-industry - October 8 Local Agencies - October 10-11 Policy Think-Tanks - October 22

National Workshop National Workshop on IC Tracking - October 28-30, 2002 63 Total attendees from different focus groups Discussion of Tracking Systems evaluated Present 33 data categories Advance national tracking concept Discuss: inputs, systems and outputs Develop an Action Plan

Data Registry Meeting Conducted May 12-14, 2003 in Chicago 60 Federal, State, local and industry representatives To develop a common registry of terms for tracking data elements data definitions database format Begin discussion of GIS requirements

Data Tiers to Prioritize IC Collection Efforts Does the site have an IC? [yes/no] Information on IC, implementation, monitoring, and enforcement. Tier 2 plus, site specific GIS maps of the ICs and surrounding geographic features. Significant economies and superior reporting-- no need to repeatedly seek out documentation. Lack of additional information requires repeated document search efforts All data reported will have source (e.g., NY), date of reporting to EPA, and other attribute information (e.g., data quality) as appropriate.

Pilot Data Entry/GIS Development Data collection/entry pilots Region 5 Superfund – complete 5/03 Concurrently developing a GIS platform pilot Entered preliminary coverage on 6 NPL sites Often hear of Land Use Controls – fences, signs and security guards When I talk, I only speak to administrative or legal mechanisms.

External Partner Data Sharing Pilots Federal-State Data Sharing Pilot Preliminary discussions with NJ - 03 Federal-State-Local Pilot Preliminary discussions with MO& St. Louis - 03 Federal – Federal Pilot DOE GEMs pilot - 03 Federal-Industry Pilot – 03 Terradex in Silicon Valley California Local permitting software

Summary By the end of FY 04: a production system with Tier 1 data for NPL sites a preliminary network of Federal, State, local and industry systems exchanging information By the end of FY 05: Tier 1 data for EPA lead sites Tier 3 data for 50% of the NPL sites