Enforcement

Enforcement and Compliance at Federal Facilities

This updates EPA's "The Yellow Book: Guide to Environmental Enforcement and Compliance at Federal Facilities" (# 315B98011) published in 1998-99.

This resource provides field-level personnel a primer for complying with environmental requirements and understanding the enforcement and compliance processes used by EPA at federal facilities.

Definition of Federal Facilities

In general federal facilities are defined as buildings, installations, structures, land, public works, equipment, aircraft, vessels, other vehicles, and property, owned, constructed or manufactured for leasing to the Federal government.

Common types of federal facilities are:

Government-owned/government-operated (GOGO)
Government owned/contractor operated (GOCO)
Facilities with various levels of private party involvement at the facility

Definition of all types of federal facilities

Definition of Federal Facility 15 U.S.C. 205c

Facility Type	Definition	Tracking Classification
GOGO	Government-owned/government-operated facility where the government owns and operates all regulated activity.	Federal
GOCO	Government-owned/contractor-operated facility owned by a Federal agency, but operated in whole or part by private contractor(s).	Federal
GOPO	Government-owned/privately-operated facility where the government has leased all or part of its facility to a private operator for its operation and profit.	Federal
COCO	Contractor owned/contractor operated facility that provides goods and/or services to a Federal agency under contract.	Private
COCO (E)	Same as COCO. However, the contractor may be furnished government equipment to manufacture a product or provide a service.	Private
POGO	Privately-owned/government-operated facility where the government leases buildings or space for its operations.	Federal where an agency occupies all or most of the building space
FUDS	Formerly used defense sites. Sites may or may not be presently owned by a federal agency. However, the Federal agency is responsible for hazardous waste cleanup as a result of previous operations.	Federal
Lessee	Parties granted use of government land by a rental or real estate agreement or title transfer with a revisionary clause (e.g., municipal landfills, oil and gas, mining).	Federal
Grantee	Parties have received a grant for permanent authorization to use a given right-of-way. Grants usually involve a single payment for the land or transfer of land use rights.	Private
Claimant	Parties having properly located, recorded, and maintained mining claims under the 1872 Mining Law on Federal lands for which a patent has not been issued.	Federal when available for entry under 1872 Mining
Patent Holder	A mining claimant who has met the statutory requirements of the 1872 Mining Law and has been issued a permit.	Private
Permittee	Parties granted a permit for short-term use of government land.	Federal
Withdrawal from Public Use	Permit granted to a federal agency or instrument of the federal government to use land of another federal agency for up to 20 years administratively if the intended use does not involve destruction of the land (i.e., military uses, dams)	Federal

Although American Indian lands do not fall within EPA’s definition of a Federal facility, Federal facilities located on American Indian lands are required to meet all applicable environmental requirements.

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