"Examples of the types of situations that could warrant EPA involvement in individual inspections and enforcement following close communication and involvement of upper management of both agencies include, but are not limited to:

a) Program audits indicate a need for the EPA to fill a gap until the State program deficiency is addressed.

b) Emergency situations or, situations where there is significant risk to public health and the environment.

c) Significant noncompliance that the State has not timely or appropriately addressed.

d) Actions that require specialized EPA equipment (e.g., infrared camera) and/or expertise.

e) Federal and State Owned/operated facilities.

f) Actions to consistently address widespread noncompliance problems in a sector/program (such as the National Enforcement Initiatives 2), to address companies with facilities in multiple States,or where there are cross-boundary impacts affecting other States, tribes, or nations.

g) Program oversight inspections.

h) Responses to State requests for assistance in a specific situation, or broader work-sharing arrangements in which the EPA takes the lead in particular sub-programs, sectors, or geographic areas.

i) Serious violations that need to be investigated and addressed by the EPA 's criminal enforcement program."