Document NGL0wGeN2bM8rRpY00v25amYw

E COS A National Webinar Presented by the Environmental Council of the States September 26, 2017 @ECOStates #ECOSCoopFed2 Sierra Club v. EPA 18cv3472 NDCA Tier 10 ED 002061 00178119-00001 Sierra Club v. EPA 18cv3472 NDCA Tier 10 ED 002061 00178119-00002  ECOS developed "Cooperative Federalism 2.0: Achieving and Maintaining a Clean Environment and Protecting Public Health" through a consensus-based process among the ECOS members beginning in April 2017 and released in June 2017. ECOS stepped into the space created by Administrator Pruitt's commitment to an increased role for states in carrying out environmental programs as well as the conversation about funding. @ECOStates #ECOSCoopFed2 Sierra Club v. EPA 18cv3472 NDCA Tier 10 ED 002061 00178119-00003 Part I enumerates, as principles, the roles and functions of states and U.S. EPA in cooperative federalism. C O O P E R A T IV E FED E R A LISM 2.0: Achieving and Maintaining a Clean E n viron m en t and Protecting P u b lic H eJaUNlEt2h017 Part II documents an initial list of important policy-neutral issues where the application of cooperative federalism could be focused. :v - M w /f.g .tourne-::; <.s:.vs7.;c x n ar.x.rc n:-ers f-XO'-. :: '-xilz o Sv ;lM 0 Os Sierra Club v. EPA 18cv3472 NDCA Tier 10 ED 002061 00178119-00004 s 'x ------- ......... "V . " y v Stats environments! programs exist to aA fecaiibration o f state and federai necessary to account fo r unlquy provide the level of environmental and rates can lead to m ars effective ^ > local ecological, so d o 1, ahd X A=v human health protection prom ised to the American people through oar \ national and state statutes, x--..___ -X . .. "V' X' y - --environmental management X \ lower cost .X y Q 'v X Xecono m - ic X conditions, T "X . -V VX o \ f CF2.0 change requires a willingness for SPA \ r A ^States hoes assumed more than ^x-A and the Congress to align the state/federai / i, 96 percent o f the delegable relationship with the current realities and \ , y t authorities under federai "'y v, x-- ) ARobust cooperative federalism "O A connut be achieved if one party o or the other is not capable of- perform ing Its critical function^; O o IlliX y c A . ` o xxi U 1IB responsibilities of state smplemeniafteg, y a :State X Z'^f,'A- X programs have now " maturedf cma states hove ondetiaken many contlnuauf improvement efforts to address new y/ ^ environmental challenges and ta ! modernise and streamline decisia'fv / making o by Unknown Author Is licensed under i y Sierra Club v. EPA 18cv3472 NDCA Tier 10 ED 002061 00178119-00005 1. States should be engaged, as key partners with the federal government, in the development of national minimum standards 2. States are the preferred implementing entities for national environmental regulatory programs 3. States should have flexibility to determine the best way for their programs to achieve national minimum standards 4. States should engage local governments, regulated entities, tribes, and the public 5. States should be the primary enforcement authority for programs delegated to the states 6. States should gather, maintain, and share information transparently with U.S. EPA @ECOStates #ECOSCoopFed2 Sierra Club v. EPA 18cv3472 NDCA Tier 10 ED 002061 00178119-00006 7. States should be encouraged through flexible federal requirements to develop, pursue, and implement state innovations to effectively and efficiently achieve desired environmental outcomes 8. States should work cooperatively with U.S. EPA in development of shared services, implementation toolkits, and other key resources 9. States that choose to implement federal programs should both be adequately funded by the federal government to do so as Congress directed in authorizing statutes @ECOStates #ECOSCoopFed2 c o s Sierra Club v. EPA 18cv3472 NDCA Tier 10 ED 002061 00178119-00007  1 - DELEGATED PROGRAM OVERSIGHT: Improve program oversight by reducing EPA's day to day oversight and enhancing its programmatic audits. Stream lining will enable increased productive workload sharing between states/EPA. Action: Examine new approaches to achieve day to day oversight and program oversight, redefine roles & responsibilities (if necessary), and look at remaining workflows to seek efficiencies, 2--COMPLIANCE & ENFORCEMENT. Better align federal enforcement approaches with state compliance assistance efforts and integrate them with programmatic functions. Performance improvement in inspections and enforcement; electronic permitting and data sharing; and measures, metrics, and outcomes development. * Action: Assess NEIs; establish expectations about communications and state involvement to better coordinate inspections and enforcement actions; and discuss how outcome measures could more effectively be used to drive changes in roles and responsibilities. @ECOStates #ECOSCoopFed2 ECO S Sierra Club v. EPA 18cv3472 NDCA Tier 10 ED 002061 00178119-00008  3--INFRASTRUCTURE. Leverage the states willingness to contribute to the national discussion about water and sewer and other infrastructure priorities; demonstrate how state permitting is modernizing to raise timeliness and transparency of permits. * Action: ECOS Infrastructure Workgroup 4--BROWNFIELDS AND SUPERFUND. Establish roles and responsibilities around both RODS and remedial design that creates a more proactive and efficient relationship between state and federal regulators, PRPs, and the public. * Action: ECOS Brownfields Superfund Workgroup 5--RESEARCH: EPA is strong at research; find ways to align EPA research priorities to answer pressing state needs, share research and tool development at EPA. Action: Environmental Research Institute of the States {ERIE) @ECOStates #ECOSCoopFed2 Jh C O S Sierra Club v. EPA 18cv3472 NDCA Tier 10 ED 002061 00178119-00009  6--STATE ROLE IN RULEMAKING. Emphasize State role in federal rulemaking especially how implementation issues most effectively enter the rulemaking discussion ana for existing rules identify key substantive areas where inefficiencies are embodied in regulations, guidance, and or procedures and work on improving the service delivery/decision-making in those areas (e.g., SIPS, NSR, TMDLs). Action: Collaboration with ERA on Federalism Consultations, Dialogue with WGA, NGA 7--LEAN. Performance improvement in inspections and enforcement; electronic permitting and data sharing; and measures, metrics, and outcomes development. Action: Lears Action Board, E-Enterprise for the Environment 8--BUDGET. Assure stable STAG funding and increased flexibility in STAG appropriations (e.g., fewer line items) to enable states to become more efficient and effective and to assume greater responsibilities with no increase in federal funding from current levels. * Action: [.otter from ECOSon FY.1.9 Budget @ECOStates #ECOSCoopFed2 Sierra Club v. EPA 18cv3472 NDCA Tier 10 ED 002061 00178119-00010  ECOS will hold periodic webinars on Cooperative Federalism 2.0 CF2.0 implementation is a continual improvement exercise, centrally about streamlining and increasing the effectiveness of workflow and relationships between EPA and the states. As these efforts lead to changes, permittees, the public, and all stakeholders will see the effects in how decisions are made and in the supporting documentation and procedures. Where non-state entitles are affected (e.g., Superfund, Brownfields, Infrastructure), U.S. EPA will use its existing tools and forums to gain input and insights. Contact us any time! >----- ---1 @ECOStates #ECOSCoopFed2 EC O S Sierra Club v. EPA 18cv3472 NDCA Tier 10 ED 002061 00178119-00011 Sierra Club v. EPA 18cv3472 NDCA Tier 10 ED 002061 00178119-00012