Common use of Program Implementation Clause in Contracts

Program Implementation. A. The Parties agree to do the following: 1. Maintain a contact list for the implementation of the Federal Plan. 2. Participate in meetings to discuss program implementation and discuss specific issues that need resolution. B. ▇▇▇▇▇ agrees to do the following: 1. Implement and enforce the Federal Plan in accordance with the provisions of 40 CFR Part 62, Subpart OOO. 2. Ensure affected facilities achieve final compliance with increments of progress as stipulated in §62.16712 and Table 1 “Generic Compliance Schedule and Increments of Progress” of the Federal Plan. 3. Ensure affected facilities comply with the standards for MSW landfill emissions and the specifications for active collection systems as stipulated in 40 CFR §62.16714 and §62.16728. 4. Ensure affected facilities comply with the operational standards for collection and control systems as stipulated in 40 CFR §62.16716. 5. Administer and oversee performance test methods and procedures as stipulated in §62.16718. 6. Administer and oversee compliance provisions as stipulated in §62.16720. 7. Administer and oversee monitoring requirements as stipulated in §62.16722. a. Develop and maintain a compliance monitoring and enforcement program as provided in accordance with EPA policies for sources subject to 40 CFR Part 62, Subpart OOO. b. Update its monitoring and enforcement program in collaboration with EPA, as needed. 8. Ensure facility compliance with the reporting requirements for MSW landfills as stipulated in 40 CFR §62.16724 of the Federal Plan. a. Review operating parameter deviation reports, performance test reports, and reports specified under III(B)(8)(b)-(f) of the MoA to ascertain compliance and report information concerning Federal “High Priority Violations” (HPVs) to EPA via ICIS-AIR with a special emphasis on updating the facility compliance status. b. Require subject facilities to submit all reports to EPA in accordance with 40 CFR § 62.16724 and provide copies to NHDES. c. Review and maintain records of a facility's design capacity report and amended design capacity report as stipulated in 40 CFR § 62.16724(a) and 40 CFR § 62.16724(b) of the Federal Plan. d. Review and maintain records of a facility's NMOC emission rate report(s) as stipulated in 40 CFR § 62.16724(c) of the Federal Plan. e. Review and maintain records of a facility's collection and control system design plan and revised design plan as stipulated in 40 CFR § 62.16724(d) and 40 CFR § 62.16724(e) of the Federal Plan. f. Review and maintain the following records as stipulated in 40 CFR § 62.16724(f) - 40 CFR § 62.16724(i) of the Federal Plan: closure report; equipment removal report; annual report; and initial performance test report. g. Review and maintain the following records, as applicable, as stipulated in 40 CFR § 62.16724(j) - 40 CFR § 62.16724(m) and 40 CFR § 62.16724(q) of the Federal Plan: electronic reporting; corrective action and the corresponding timeline; liquids addition, Tier 4 notification; and 24-hour high temperature report. h. Review and maintain records of remaining facility increments of progress in 40 CFR § 62.16712 as stipulated in 40 CFR § 62.16724(n) - 40 CFR § 62. 16724(p) of the Federal Plan: notification of meeting Tier 4; notification of failing to meet an increment of progress; and alternate dates for increments 2 and 3. Regulatory deadlines identified in this section are not extendable. 9. Submit to EPA Region 1 an annual (calendar year) progress report in accordance with 40 CFR Part 60, Subpart B. An annual progress report shall include each of the items listed below. If any of the required information listed is already submitted to EPA annually through an electronic database, the State may identify the database along with each facility name or ID for easy identification in lieu of providing that information. The annual progress report shall be sent electronically to the EPA Region 1 Administrator and staff as designated in III(A)(1). a. Enforcement actions initiated against designated facilities during the reporting period, under any emission standard or compliance schedule of the plan. b. Identification of the achievement of any increment of progress required by the applicable plan during the reporting period. c. Identification of designated facilities that have ceased operation during the reporting period. d. Submission of emission inventory data as described in paragraph (a) of 40 CFR § 60.25 for designated facilities that were not in operation at the time of plan development but began operation during the reporting period. e. Submission of additional data as necessary to update the information submitted under paragraph (a) of 40 CFR § 60.25 or in previous progress reports. f. Submission of copies of technical reports on all performance testing on designated facilities conducted under paragraph (b)(2) of 40 CFR § 60.25, complete with concurrently recorded process data. 10. Ensure facility compliance with the recordkeeping requirements for MSW landfills as stipulated in 40 CFR §62.16726. 11. Inspect all MSW landfills in accordance with the most recent Compliance Monitoring Strategy (CMS) work plan approved by EPA and report the minimum data requirements (MDRs) to EPA via the ICIS-AIR system, or comparable system specified by EPA, with a special emphasis on updating the facility compliance status. a. Perform follow-up inspections or review of facility records to ensure correction of violations discovered during routine inspections. 12. Address violations that meet the definition of “High Priority Violations” (HPVs), in accordance with the most recent version of EPA’s enforcement policy (currently EPA’s policy on Timely and Appropriate Enforcement Response to High Priority Violations – Revised 20141, EPA’s 2014 Clarification Regarding Federally-Reportable Violations for Clean Air Act Stationary Sources2, and EPA’s Guidance on Federally-Reportable Violations for Clean Air Act Stationary Sources3. 3 ▇▇▇▇▇://▇▇▇.▇▇▇.▇▇▇/sites/default/files/2013-10/documents/caastationary-guidance.pdf 13. Coordinate closely with EPA on enforcement matters related to compliance for applicable facilities in the State of New Hampshire. C. EPA agrees to do the following: 1. Provide technical support, assistance, and training opportunities for implementation of national regulations, development of technology-based requirements for automated transmission of data to EPA databases, and other areas as requested. 2. Expeditiously review and respond, as appropriate, to requests for information or assistance by NHDES, in connection with its implementation of its Federal Plan. 3. Make reasonable efforts to communicate to NHDES when additional legal, technical, and financial resources may be necessary to implement new Clean Air Act Section 111(d) requirements as they become applicable. 4. Take final action on any modification to this MoA agreed by NHDES and EPA. Provide for final action in the Federal Register as soon as practicable or within 180 days of the submission of MoA modification. 5. Ensure facility compliance with the recordkeeping requirements for MSW landfills as stipulated in 40 CFR §62.16726. 6. Assess NHDES’s administration of the Federal Plan on a continuing basis for consistency with 40 CFR Part 62, Subpart OOO. This assessment will be accomplished by EPA review of information submitted by NHDES, MSW landfill-related air permit reviews, and MSW landfill-related air compliance and enforcement reviews. a. EPA will consider written comments that are received from regulated persons, the public, and Federal, State, and local agencies in assessing NHDES delegation of the Federal Plan. Copies of any comments received from such sources will be provided to NHDES within seven (7) working days of receipt. b. EPA may audit NHDES by examining the files and documents at NHDES offices for selected MSW landfill facilities to determine compliance and ensure they are received, processed, and enforced in a manner consistent with Federal requirements. Such files and documents include but are not limited to annual emission rate reports, increments of progress notices, materials separation plans, copies of notices of public meetings, documents summarizing responses to public comments, and fuel reports. Audits may be conducted on an as needed basis, and EPA will plan to give reasonable notice to NHDES prior to initiating any audit. c. If EPA determines that NHDES is not adequately administering or enforcing the Federal Plan, EPA will notify NHDES of the determination as soon as practicable possible and provide the reasons for the determination; NHDES and EPA will then determine the process and time frame for correcting the deficiencies in an expeditious manner. d. EPA is allowed access to all files and other requested information deemed necessary by EPA to assess NHDES’s administration ensure management of the delegated Federal Plan as described herein is consistent with EPA’s policy, subject to the confidentiality provisions of this MoA.

Program Implementation. A. The Parties agree to do the following: 1. Maintain a contact list for the implementation of the Federal Plan. 2. Participate in meetings to discuss program implementation and discuss specific issues that need resolution. B. ▇▇▇▇▇ Ohio EPA agrees to do the following: 1. Implement and enforce the Federal Plan in accordance with the provisions of 40 CFR Part 62, Subpart OOO. 2. Ensure affected facilities achieve final compliance with increments of progress as stipulated in §62.16712 and Table 1 “Generic Compliance Schedule and Increments of Progress” of the Federal Plan. 3. Ensure affected facilities comply with the standards for MSW landfill emissions and the specifications for active collection systems as stipulated in 40 CFR §62.16714 and §62.16728. 4. Ensure affected facilities comply with the operational standards for collection and control systems as stipulated in 40 CFR §62.16716. 5. Administer and oversee performance test methods and procedures as stipulated in §62.16718. 6. Administer and oversee compliance provisions as stipulated in §62.16720. 7. Administer and oversee monitoring requirements as stipulated in §62.16722. a. Develop and maintain a compliance monitoring and enforcement program as provided in accordance with EPA policies for sources subject to 40 CFR Part 62, Subpart OOO. b. Update its monitoring and enforcement program in collaboration with EPA, as needed. 8. Ensure facility compliance with the reporting requirements for MSW landfills as stipulated in 40 CFR §62.16724 of the Federal Plan. a. Review operating parameter deviation reports, performance test reports, and reports specified under III(B)(8)(b)-(f) of the MoA to ascertain compliance and report information concerning Federal “High Priority Violations” (HPVs) to EPA via ICIS-AIR with a special emphasis on updating the facility compliance status. b. Require subject facilities to submit all reports to EPA in accordance with 40 CFR § 62.16724 and provide copies to NHDESOhio EPA. c. Review and maintain records of a facility's design capacity report and amended design capacity report as stipulated in 40 CFR § 62.16724(a) and 40 CFR § 62.16724(b) of the Federal Plan. d. Review and maintain records of a facility's NMOC emission rate report(s) as stipulated in 40 CFR § 62.16724(c) of the Federal Plan. e. Review and maintain records of a facility's collection and control system design plan and revised design plan as stipulated in 40 CFR § 62.16724(d) and 40 CFR § 62.16724(e) of the Federal Plan. f. Review and maintain the following records as stipulated in 40 CFR § 62.16724(f) - 40 CFR § 62.16724(i) of the Federal Plan: closure report; equipment removal report; annual report; and initial performance test report. g. Review and maintain the following records, as applicable, as stipulated in 40 CFR § 62.16724(j) - 40 CFR § 62.16724(m) and 40 CFR § 62.16724(q) of the Federal Plan: electronic reporting; corrective action and the corresponding timeline; liquids addition, Tier 4 notification; and 24-hour high temperature report. h. Review and maintain records of remaining facility increments of progress in 40 CFR § 62.16712 as stipulated in 40 CFR § 62.16724(n) - 40 CFR § 62. 16724(p) of the Federal Plan: notification of meeting Tier 4; notification of failing to meet an increment of progress; and alternate dates for increments 2 and 3. Regulatory deadlines identified in this section are not extendable. 9. Submit to EPA Region 1 V an annual (calendar year) progress report in accordance with 40 CFR Part 60, Subpart B. An annual progress report shall include each of the items listed below. If any of the required information listed is already submitted to EPA annually through an electronic database, the State may identify the database along with each facility name or ID for easy identification in lieu of providing that information. The annual progress report shall be sent electronically to the EPA Region 1 V Administrator and staff as designated in III(A)(1). a. Enforcement actions initiated against designated facilities during the reporting period, under any emission standard or compliance schedule of the plan. b. Identification of the achievement of any increment of progress required by the applicable plan during the reporting period. c. Identification of designated facilities that have ceased operation during the reporting period. d. Submission of emission inventory data as described in paragraph (a) of 40 CFR § 60.25 for designated facilities that were not in operation at the time of plan development but began operation during the reporting period. e. Submission of additional data as necessary to update the information submitted under paragraph (a) of 40 CFR § 60.25 or in previous progress reports. f. Submission of copies of technical reports on all performance testing on designated facilities conducted under paragraph (b)(2) of 40 CFR § 60.25, complete with concurrently recorded process data. 10. Ensure facility compliance with the recordkeeping requirements for MSW landfills as stipulated in 40 CFR §62.16726. 11. Inspect all MSW landfills in accordance with the most recent Compliance Monitoring Strategy (CMS) work plan approved by EPA and report the minimum data requirements (MDRs) to EPA via the ICIS-AIR system, or comparable system specified by EPA, with a special emphasis on updating the facility compliance status. a. Perform follow-up inspections or review of facility records to ensure correction of violations discovered during routine inspections. 12. Address violations that meet the definition of “High Priority Violations” (HPVs), in accordance with the most recent version of EPA’s enforcement policy (currently EPA’s policy on Timely and Appropriate Enforcement Response to High Priority Violations – Revised 20141, EPA’s 2014 Clarification Regarding Federally-Reportable Violations for Clean Air Act Stationary Sources2, and EPA’s Guidance on Federally-Reportable Violations for Clean Air Act Stationary Sources3. 3 ▇▇▇▇▇://▇▇▇.▇▇▇.▇▇▇/sites/default/files/2013-10/documents/caastationary-guidance.pdf 13. Coordinate closely with EPA on enforcement matters related to compliance for applicable facilities in the State of New HampshireOhio. C. EPA agrees to do the following: 1. Provide technical support, assistance, and training opportunities for implementation of national regulations, development of technology-based requirements for automated transmission of data to EPA databases, and other areas as requested. 2. Expeditiously review and respond, as appropriate, to requests for information or assistance by NHDESOhio EPA, in connection with its implementation of its Federal Plan. 3. Make reasonable efforts to communicate to NHDES Ohio EPA when additional legal, technical, and financial resources may be necessary to implement new Clean Air Act Section 111(d) requirements as they become applicable. 3 ▇▇▇▇▇://▇▇▇.▇▇▇.▇▇▇/sites/default/files/2013-10/documents/caastationary-guidance.pdf 4. Take final action on any modification to this MoA agreed by NHDES Ohio EPA and EPA. Provide for final action in the Federal Register as soon as practicable or within 180 days of the submission of MoA modification. 5. Ensure facility compliance with the recordkeeping requirements for MSW landfills as stipulated in 40 CFR §62.16726. 6. Assess NHDESOhio EPA’s administration of the Federal Plan on a continuing basis for consistency with 40 CFR Part 62, Subpart OOO. This assessment will be accomplished by EPA review of information submitted by NHDESOhio EPA, MSW landfill-related air permit reviews, and MSW landfill-related air compliance and enforcement reviews. a. EPA will consider written comments that are received from regulated persons, the public, and Federal, State, and local agencies in assessing NHDES Ohio EPA delegation of the Federal Plan. Copies of any comments received from such sources will be provided to NHDES Ohio EPA within seven (7) working days of receipt. b. EPA may audit NHDES Ohio EPA by examining the files and documents at NHDES Ohio EPA offices for selected MSW landfill facilities to determine compliance and ensure they are received, processed, and enforced in a manner consistent with Federal requirements. Such files and documents include but are not limited to annual emission rate reports, increments of progress notices, materials separation plans, copies of notices of public meetings, documents summarizing responses to public comments, and fuel reports. Audits may be conducted on an as needed basis, and EPA will plan to give reasonable notice to NHDES Ohio EPA prior to initiating any audit. c. If EPA determines that NHDES Ohio EPA is not adequately administering or enforcing the Federal Plan, EPA will notify NHDES Ohio EPA of the determination as soon as practicable possible and provide the reasons for the determination; NHDES Ohio EPA and EPA will then determine the process and time frame for correcting the deficiencies in an expeditious manner. d. EPA is allowed access to all files and other requested information deemed necessary by EPA to assess NHDESOhio EPA’s administration ensure management of the delegated Federal Plan as described herein is consistent with EPA’s policy, subject to the confidentiality provisions of this MoA.