Document wqyN4qzaJZGpgJYJgMg3mr3gQ

Cooperative Federalism 2.0 National Association of Clean Air Agencies Seattle., Washington September 26, 2017 ECOS Sierra Club v. EPA 18cv3472 NDCA Tier 10 ED 002061 00157586-00001 #ECOSCoopFed2 Sierra Club v. EPA 18cv3472 NDCA Tier 10 ED 002061 00157586-00002  ECOS produced "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 of this year. Stepped into the space created by the federal budget proposal and Administrator Pruitt's commitment to an increased role for states in carrying out environmental programs @ECOStates #ECOSCoopFed2 ||j Sierra Club v. EPA 18cv3472 NDCA Tier 10 ED 002061 00157586-00003 Part I enumerates, as principles, the role and functions of states and U.S, EPA in cooperative federailsni. COOPERATIVE FEDERALISM 2.0: AcMeying and Maintaining a Clean Environment and Pmtecimg Public Health Part II documents an initial list of important policy-neutral Issues where the application of cooperative federalism could be focused. V " T ssm Sierra Club v. EPA 18cv3472 NDCA Tier 10 ED 002061 00157586-00004 Cooperative Federalism 2.0: Achieving and Maintaining a Clean Environment and Protecting Public Health These are our three main points in the paper. The next three slides break down each of these bubbles. Sierra Club v. EPA 18cv3472 NDCA Tier 10 ED 002061 00157586-00005 Cooperative Federalism 2.0: Achieving and Maintaining a Clean Environment and Protecting Public Health 1. States have assumed more than 96 percent of the delegable authorities under federal law. 2. Healthy and vibrant communities and economies rely upon both effective environmental protection and! resilient economic growth. 3. States believe that implementation flexibility is necessary to account for unique local ecological, social, and economic conditions. Sierra Club v. EPA 18cv3472 NDCA Tier 10 ED 002061 00157586-00006 Cooperative Federalism 2.0: Achieving and Maintaining a Clean Environment and Protecting Public Health 1. States are willing and eager to engage in this important dialogue. 2, State programs have now matured, and states have undertaken many continuous improvement efforts to address new environmental challenges and to modernize! and streamline decision-making processes. 3. States have numerous examples of what works and what doesn't work. Sierra Club v. EPA 18cv3472 NDCA Tier 10 ED 002061 00157586-00007 Cooperative Federalism 2.0: Achieving and Maintaining a Clean Environment and Protecting Public Health 1. An important dialogue to recalibrate state and federal roles and responsibilities must occur and should precede and inform a conversation about budget. ||!!l!l!||!g!i!l|||g|!flig||ti|g|!il!g!l!!!l||||||||||i^ 3. Resources are critical to achieving the capability of each party being capable. There is no standard way that states fund their operations. .....Ill Sierra Club v. EPA 18cv3472 NDCA Tier 10 ED 002061 00157586-00008 Cooperative Federalism Principles (1 of 2) 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. ERA @ECOStates #ECOSCoopFed2 Sierra Club v. EPA 18cv3472 NDCA Tier 10 ED 002061 00157586-00009 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 IAS, EP-A 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 Sierra Club v. EPA 18cv3472 NDCA Tier 10 ED 002061 00157586-00010 Areas where CF2.0 Implies Changes (1 of 3) * 1..OVERSIGHT OF DAY TO DAY WORK: Program oversight by reducing EPA's day to day oversight and enhancing Its programmatic audits. This streamlining will enable Increased productive workload sharing between Action: Identify and look at regular workflows and seek efficiencies * 2-COM PLIANCE ft ENFORCEMENT Better align federal enforcement approaches aligned with 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: Working group to assess NEls, quotas, measures @ECOStates #ECOSCoopFed2 Sierra Club v. EPA 18cv3472 NDCA Tier 10 ED 002061 00157586-00011 * 3-dMFRASTRUCTDRE, Leverage the states willingness to contribute to the national discussion about water and sewer infrastructure'priorities to Identify and address critical priorities, Action; EGOS Infrastructure Workgroup * 4-BROWNFiELDS AMD 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; EGOS Brownfields Superfund Workgroup 5--RESEARCH: ERA is strong at research; find ways to align EP;A research priorities to answer pressing state needs, share research end tool development at ERA, * Action; ERIS @ECOStates #ECOSCoopFed2 Sierra Club v. EPA 18cv3472 NDCA Tier 10 ED 002061 00157586-00012 * 6..STATE ROLE IN RULEMAKING, Emphasise State role in federal rulemaking especially how Implementation Issues most effectively enter the rulemaking discussion and for'existing rules identify key substantive areas where inefficiencies are eroDomed m regulations, guidance, and or procedures arm work on improving the service delsvery/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 snaring; arm measures, metrics, and outcomes development, * Action; Lean 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 leveis. Action; Letter from EGOS on FY19 Budget Sierra Club v. EPA 18cv3472 NDCA Tier 10 ED 002061 00157586-00013