On July 29, 2021, Region 3 issued a Federal Facility Compliance Agreement (the FFCA) to The Kennedy Center for the Performing Arts (Respondent), located at 2700 F Street, N.W. Washington, DC, 20566 (Facility), addressing Respondent's past noncompliance with EPA issued NPDES Permit No. DC0000248 (the Permit). The Permit regulates and authorizes discharges of air conditioning system condenser non-contact cooling water from the Facility into the Potomac River. The FFCA details numerous incidents of noncompliance with the Permit during 2017 through 2020, including failure to: comply with temperature and/or pH effluent limitations, timely submit Discharge Monitoring Report data, submit influent data and train employees in order to ensure compliance with the Permit. Respondent and EPA have agreed that Respondent will develop and submit for EPA's review a Compliance Implementation Plan, which meets certain requirements and seeks to ensure compliance with the following portions of the Permit: Effluent Limitations and Monitoring Requirements (Part I), Operation and Maintenance of Pollution Controls (Part II.B.), Monitoring Procedures and Recordkeeping Requirements (Part II.C.), and Influent and Effluent Monitoring requirements (Part III). Through this FFCA, EPA seeks to improve the water quality of the Potomac River and the Chesapeake Bay, within the area of the Facility. Based upon the EJ Assessment, when considering the block group which contains the facility and a one-mile radius a