V 00 OPTIONS FOR IMPROVING THE STATE-EPA PARTNERSHIP U.S. Environmental Protection Agenc:; Librar-'. ^oom 2404 PM-211-A 401 f^ Street, S.W. Washington, DC 20460 State-Federal Roles Task Force September, 1983 ------- OPTIONS FOR IMPROVING THE STATE-EPA PARTNERSHIP Table of Contents Paqe CHAPTER I. CHAPTER II. CHAPTER III CHAPTER IV. OVERVIEW 1 BACKGROUND 9 OPTIONS FOR STATE-EPA 18 RELATIONSHIPS OPTIONS FOR STATE-EPA 22 RESPONSIBILITIES A. Direct Program Administration 23 and Enforcement B. Technical Support 30 C. State Program Approval 33 and Oversight D. Standard Setting 38 E. Research 40 F. National Information Collection 42 G. External Funding 44 ------- CHAPTER I: OVERVIEW ------- A. -2- OVF.RVIEW Introduction to the State-Federal Roles Task Force THE CHARTER; TO SORT OUT STATE-FEOFRAL ROLES AND RESPONSIBILITIES States and EPA have been operating under uncertainty about which level of government is responsible for what functions. Both President Reagan and Administrator Ruckelshaus have recently expressed concern about the need for more clarity and less redundancy in State and Federal responsibilities for environmental programs. The Deputy Administrator charged this task force to develop, evaluate and present a set of options for sorting out the roles which EPA could adopt to reduce confusion about its environmental responsibilities in the Federal/State system. The focus of the task force has been on programs which have been delegated to States or will be delegated in the near future. THE MODE OF OPERATION; STATE-EPA COOPERATION The work of the task force was guided by a Steering Committee composed of senior EPA managers, top State officials, and a representative from the National Governors' Association. The Steering Committee composition reflects the Administator's philosophy that the sorting out of roles and responsibilities can best be done through joint State-EPA discussions held in a spirit of cooperation. Staff work, including the development of special studies and background reports, was provided by EPA's Office of Management Systems and Evaluation. B. Major Findings States are, in a broad sense, the implementation arm for the Federal programs; without them EPA cannot achieve its goal of environmental results. While each member of the State-Federal Roles Task Force might describe the State-EPA partnership differently, all agree that the key point to keep in mind is this: We cannot get the job done without each other. If the States do not succeed out on the front lines, EPA cannot succeed. If EPA fails to meet its commitments to the States, there will be no real progress toward our ultimate goal. This conclusion is the common thread underlying the seven major findings outlined below. These findings are based both on the background studies and the task force's deliberations. ------- -3- 1. THERE IS STRONG AGREEMENT ON LEAD AND SUPPORTING ROLES FOR MOST ACTIVITIES The task force was nearly unanimous in its view as to who, the States or EPA, should have the lead role for the seven functional categories. o For direct program administration and enforcement, States should have the lead role, EPA the supporting role. o For research, oversight, standard setting, technical support and national information collection, EPA should have the lead role, the States the supporting role. o The task force divided on the funding issue, with one- half viewing it as a joint role, and the others viewing it as either an EPA lead role or a State lead role. These results are consistent with the views found in the survey of State, public interest group, and industry leaders. 2. WITH THE LEAD ROLE FOR DIRECT PROGRAM ADMINISTRATION AND ENFORCEMENT, THE STATES ARE THE OPERATIONAL ARM FOR ENVIRONMENTAL PROTECTION Rough estimates suggest that States have twice as many employees engaged in environmental protection as EPA, and 4 to 5 times as many involved in direct operations. In the long run, the success of national environmental goals depends upon the ability of States to implement programs and of EPA to provide States the necessary support. States expect that EPA's direct intervention in decisions affecting individual sources will be reduced to a bare minimum, with criteria for such intervention established clearly beforehand. In carrying out Federal environmental statutes, States accept responsibility for progress in achieving environmental results. The State responsibility in the partnership includes ensuring that pollution sources comply with applicable national standards, reporting accurately on progress, meeting commitments on use of grant funds, and maintaining high quality decision- making, which stands up to public and peer review. State officials also must organize to provide effective participation in major EPA decisions (regulations, strategies, and policies) affecting program operations. ------- -4- 3. EPA MUST TAKE ITS ROLE OF SUPPORTING STATES MORE SERIOUSLY The task force believes that EPA must translate its lead role for technical support and its 'Supporting role for direct program administration into a stroijg commitment to this work and must provide adequate resources. There is wide agreement that technical support is not simply desirable, but is crucial for successful programs which achieve environmental results. The complex nature of some operating issues requires a national resource of highly skilled and accessible experts, particularly as States and EPA deal with new environmental problems requiring state-of-the-art scientific knowledge. Further, oversight without technical support is merely a fault-finding exercise without a mechanism for serious follow- through. Technical support is viewed as a "risky" budgetary item; questions were continually raised about the likelihood of obtaining adequate funding. 4. EPA SHOULD ESTABLISH A CLEAR AND CONSISTENT OVERSIGHT EFFORT There is a need for the Agency to clearly define its over- sight responsibilities for delegated programs. The focus of review and evaluation should be on improving the performance of State programs, not typically on State decisions regarding individual sources. Although EPA must be willing to take back a delegated program if a State is consistently unwilling or unable to carry out its responsiblities, EPA and the States should work together to develop a clearly defined set of oversight responses (for example, training or technical support) short of taking back the program. 5. EPA SHOULD FOCUS ON IMPROVING THE QUALITY OF OVERSIGHT AND SUPPORT TO THE STATES We must begin by recognizing that the success of environ- mental protection depends on the success of the "field units," the States. o EPA Headquarters, Regions and States need to agree on the functions, methods and follow-up of EPA oversight. o EPA should increase on-going support to States in the form of training of State personnel, travel to State offices for consultation, and problem-solving and technical support. ------- -5- o EPA should expand its capacity to provide quality support through: increasing the operational field experience of EPA staff who provide technical assistance; improving the access of States to EPA's expertise; and - improving the quantity and quality of EPA expertise. 6. IMPROVING RELATIONSHIPS REQUIRES MORE TRUST AND A BETTER MECHANISM FOR INVOLVING STATES IN MAJOR DECISIONS The quality of EPA-State relationships depends both upon attitudes and upon actions. Mutual respect and trust are just as important as established institutional practices to ensure frequent communication that will promote understanding of State and EPA priorities and problems. Recognition that States have the lead role for direct program administration and enforcement shows that environmental protection is truly a joint effort. States believe that a true "partnership" would involve much greater State partici- pation in the development of major strategies, policies, and regulations. In practice, this would involve extensive consultation, negotiation and joint efforts with States throughout a wide range of EPA activities. 7* FUNDING OF STATE PROGRAMS IS A CRITICAL ISSUE, AND NEEDS FURTHER EXAMINATION Both the appropriate level and the form of EPA funding for State programs are crucial factors in States' ability to carry out their responsibilities. State representatives believe that an assurance of long term commitment to Federal funding of environmental programs is critical. This paper presents a range of general options without attempting a detailed costing out of the implications of each. The consensus of the task force was that a detailed analysis of these alternatives should follow the sorting out of appropriate roles and responsibilities for EPA and States under the other activities. This has been accomplished through the proposals in the options paper. C. The Task Force Developed Options to Address Critical Issues in Each Functional Area Chapter IV contains options for each functional area, such as direct program administration and standard setting, and the implications of each option. The options were developed to focus on the critical issues raised by the task force. The kinds of issues identified were: ------- -6- o How should EPA and States work together to achieve environmental goals? o How should EPA fulfill its responsibilities to assist States? o How should EPA conduct oversight of State programs while minimizing involvement in individual State decisions? o How can EPA assure itself that States are meeting the intent of Federal statutes? o What should EPA do if a State is not performing adequately? The options are organized in seven functional areas that focus on the real work of environmental protection at the Federal and State levels. For each activity the task force examined the question of who, EPA or States, should have the lead role, and who should have the supporting role. The task force also identified what responsibilities are associated with lead and supporting roles for each activity. A separate set of options (Chapter III) addresses the issue of the general relationship between EPA and the States. Concern for the way that EPA and the States deal with each other generated many suggestions for improving State-EPA relationships across all activities. Task Force Conclusion: State-Federal Relationships Must Change in Response to Program Delegation In the past few years EPA has made great strides towards delegating responsibility for major environmental programs to States. In some programs delegation is nearly complete, while in others, such as RCRA, rapid delegation in the near future is anticipated. As a result, EPA will be conducting fewer day-to-day operations and will need to find new ways to ensure that national environmental laws are being implemented, while at the same time minimizing the extent of intervention in the details of individual State program operations. This means that we anticipate a change in EPA activities, and a need to forge new State-EPA relationships, based on changing roles for each. This provides an opportunity to set new directions and establish a new era in State-Federal relation- ships. D. Investing In States; A Strategic Choice While this task force was asked to look at the issue of State-EPA roles and responsibilities, the findings have implications for the future direction of the entire Agency. ------- -7- The common theme throughout the task force has been that States are, in a broad sense, EPA's implementation arm. Therefore, EPA needs to take its support role in direct program administration and its lead role for technical support seriously. Investing in this area has implications both for how the Agency performs other functions as well as for which functions the Agency performs. The fact that resources are limited means a decision to invest in the State-EPA partnership may require a decision not to invest in some other areas. The section that follows highlights the strategic choice that the Agency faces. A STRATEGIC CHOICE FOR EPA's FUTURE OPTION 1; MAINTAIN CURRENT DIRECTION EPA attempts to improve its performance equally in all of its current activities. The Agency's primary objective would be to ensure that it implements the full range of statutory responsibilities, thus serving, to some extent, the spectrum of interested parties. Implications: o EPA would continue to satisfy minimally all internal and external constituencies, but would not focus resources on one or two "key" objectives. o Does not require EPA to explicitly stop pursuing certain activities that are important to groups essential to EPA's functions. o Does not enable EPA to take advantage of its particular strengths, and may prevent the Agency from achieving excellence in any area. OPTION 2; FOCUS ON IMPROVING EFFORTS TO ENSURE THE SUCCESS OF STATE PROGRAMS Recognizing that States are the implementation arm for environmental programs, EPA would minimize its activities in direct program administration, and focus on developing a comprehensive approach to improving the overall per- formance of State programs. EPA would improve its efforts in three major areas: (1) EPA would develop a comprehensive system of review and evaluation, training, and technical support to provide States with the tools they need to carry out the day-to-day operations of environmental protection. ------- -8- (2) EPA would ensure that regulations and standards are both scientifically sound and capable of being implemented. The agency would need, at times, to emphasize ease of implemeritation over sophisticated technical solutions. (3) EPA would improve its research and scientific capabilities not only for developing better regulations but for serving as a national source of information on state-of-the-art science and technology in the environmental area. EPA would achieve standing at the forefront of science and technology, and would serve States, localities and others as a needed source of information in many areas of environmental risk assessment and management. Implications: o Recognizes that the success of environmental protection depends on the capability and willingness of States to develop and maintain strong programs of their own. o Emphasizes EPA efforts in areas where it has the lead role and relies on States where they are most capable. o Would improve EPA's regulatory and scientific credibility. o Requires some retooling on EPA's part to build up needed capability and capacity. o Takes EPA out of traditional role as regulator/enforcer. o May generate public concern about a weakened watchdog role for EPA because of diminished role in direct enforcement and permitting. ------- CHAPTER II: BACKGROUND ------- -10- BACKGROUND introduction The issue of the appropriate roles of State and Federal governments in the protection of the nation's environment has been a particularly troubling one in recent years. Up until the 1950's and 1960's, activities to protect human health and the environment were concentrated almost exclusively in the hands of State and local governments. The pressures of growing urbanization and industrialization created a rising public concern about the unintended consequences which these developments were having on the nation's natural resources. In addition, there was growing concern about the health consequences of chemicals in the environment, and the public exposure of pollutants whose health effects were largely unknown. These concerns generated increasing pressure for Federal action. Starting with early Federal legislation in the 1950's, Congress passed a number of laws on environmental protection throughout the 1960's, culminating with the passage of the National Environmental Policy Act in 1969, the Clean Air Act in 1970, and the Clean Water Act in 1972. These statutes marked a watershed in State-Federal relations because they were expected to correct, through strong Federal action, the perceived failure of State and local government in the environmental area. Other Federal laws followed, covering additional sources of pollution, such as hazardous waste disposal sites. In passing these laws, Congress gave the Federal govern- ment strong new authorities to take direct action against individual sources of pollution. Yet, these same laws pro- claimed in statements of purpose that State and local govern- ments should have primary responsibility for protecting our nation's resources. The statutes required significant actions by State and local governments to achieve the successful implementation of pollution control programs. It is an accepted truth that while the Federal role is critical, the environment cannot be successfully protected without the direct involvement of State and local agencies. While this principle has been accepted, its implications for the "real work" of both EPA and State environmental agencies remain in dispute even after thirteen years of "State-EPA partnership." State officials have been particularly dissatisfied with the condition of this "partnership." Such terms as "second- guessing," "bean counting," and "second-class citizen treatment" have been used at various times to describe their view of EPA's impact on the activities of their agencies. States believe EPA officials question their commitment to environ- mental protection and do not trust them to implement the Federal laws. ------- -11- EPA Administrator Ruckelshaus spoke to these concerns in his confirmation testimony. He stated his belief that "too much time is spent by one level of government overseeing the work of the other," and went on to say that: With a more clear definition and understanding of who is supposed to do what and who pays for it, we could eliminate much of the public and private frustration over environmental laws. That is a tall order in our Federal system, but with a joint effort by the EPA, the Congress and the States, more clarity and less redundancy is possible. THE STATE-FEDERAL ROLES TASK FORCE With these thoughts in mind, Deputy Administrator Al Aim, established the State-Federal Roles Task Force in June, 1983. The charge of the task force was to develop a set of options for consideration by the Administrator and the Deputy Administrator on what appropriate State and Federal roles might be in implementing environmental programs. The task force was comprised of two groups: a Steering Committee of senior EPA managers and State officials; and staff from the Office of Management Systems and Evaluation in EPA. The members of the Steering Committee and their affiliations are: Lewis Crampton, Chairman Bob Arnott Ron Brand Richard Carlson Tony Cortese Tom Curtis Don Ehreth Bill Eichbaum Rebecca Hanmer Charles Jeter Leonard Ledbetter Sheldon Meyers Don Moos Sam Schulhof John Skinner Glenn Unterberger Dick Whittington Gerald Yamada EPA-Office of Management Systems and Evaluation State of Colorado EPA-Office of the Deputy Administrator State of Illinois State of Massachusetts National Governors' Association EPA-Office of Research and Development State of Maryland EPA-Office of Water EPA-Region IV Administrator State of Georgia EPA-Office of Air Quality Planning and Standards State of Washington EPA-Regional Operations EPA-Office of Solid Waste EPA-Office of Enforcement Counsel EPA-Region VI Administrator EPA-Office of General Counsel ------- -12- WORK OF THE TASK FORCE Background Studies The task force produced several background documents in response to the Administrator's charge. One study profiled EPA's current activities and presented a baseline of infor- mation on precisely the kind of work EPA does now. Another presented the results of of interviews with representatives from industry, public interest groups and State and local groups on their perceptions of EPA's current strengths and weaknesses as an organization, and on the proper role of EPA and the States in conducting specific activities. Two oversight studies were conducted. One focused on how EPA currently carries out this activity. The second analyzed the oversight systems of selected public and private organizations which perforn activities similar, but not identical, to EPA oversight. Two additional studies analyzed long range environmental trends and different theoretical perspectives on the general questipn of State-Federal relations. The najor findings of each study are summarized below. The final reports for all these studies are available as appendices to this report. SUMMARY FINDINGS OF BACKGROUND STUDIES Internal Study Shows Current EPA ActivitiesAre Not Highly Focused A functional profile of current Agency work conducted for this task force suggests that KPA responds to external demands by "doing a little bit of everything." For example, between 10-15% of EPA workyears are spent on each of the following: direct program administration, enforcement, research, technical support to States, delegation and over- sight activities, and standard setting. o A relatively small percentage (estimated at 15%) of the current agency work is potentially delegable, but delegation requires increased investment in other areas such as technical support and oversight. Current EPA Approaches To Oversight Of State Programs Are Inconsistent and Short-Sighted A study conducted for the task force found great variability among Headquarters programs and Regional Offices in terms of oversight purposes, policies and procedures. There is no Agencywide direction and no consistent EPA approach in dealing with States. ------- -13- o Over half of EPA's programs do not have a policy or written guidance on conducting State oversight. o The lack of a consistent national policy or guidance was identified by 85% of the program offices as the weakest aspect of EPA oversight. o EPA's oversight focuses on review and evaluation rather than on assisting States to solve problems through training, technical assistance, or other means. o EPA does not train Regional staff for conducting oversight. Si 'vey Shows EPA's Constitutents Want a Strong, Ci idible EPA, but Criticize Agency's Current Performance State, public interest group, and industry leaders said EF i has responsibility for establishing credibility and ta ing a strong lead role for: setting national standards, cc ducting research in a number of areas, providing technical su port to State and local governments, conducting oversight of State programs, and developing national information systems. I o For each of these activities a majority of respondents identified weaknesses in EPA's performance and suggested ways the Agency could improve. o Setting environmental standards is viewed as the most critical of EPA's activities. o Technical assistance is considered crucial to EPA's job of aiding State implemention of environmental programs. Eff ctive Oversight Depends On A Supportive "Central Office" A study of six private sector firms and two Federal age jcies found that the role of the central office is to ena le and encourage the operating field units to succeed. The accomplish this role through leadership, motivation, and provision of direct assistance. o Clear roles and expectations are set for the central office and the field units. This ensures operational efficiency and prevents unnecessary intrusion on local autonomy. o The central office is effective in providing leader- ship, motivation and assistance because its personnel have both specific expertise and extensive field experience. ------- -14- This study shows oversight works only when it is part of a comprehensive system of support and motivation for field units. This comprehensive approach weaves together a number of separate activities such as tracking and monitoring, formal review and evaluation ("oversight"), training, constant communication, on-site consultation, technical assistance, personnel loans, and financial assistance. The function of review and evaluation is to improve the field operations by identifying and correcting patterns of problems, not by focusing on individual mistakes. Two of the key tenets of this system are: o There must be follow-up action by the central office to help solve problems identified. o Contact by the central office with field units is so frequent as to be almost continuous. On-site liaison efforts are seen as key to ensuring quality control and the success of field units. Growing Environmental Problems and Scarce Government Resources Will Require Careful State/Federal Coordination Many environmental problems are increasing in importance and new problems have been emerging faster than institutions can respond. Environmental programs will need to be designed with sufficient flexibility to accommodate to these constant shifts in problems and priorities. All levels of government have faced declining resources and purchasing power at the same time that demands on government increased. Environmental programs will continue to compete with other social programs for increasingly scarce resources. This suggests that priority-setting and the clear delineation of implementing State and Federal roles will increase in importance. The relationships between the States and the Federal government will need to be dynamic and interactive to keep up with changing problems, perceptions, and capabilities. Survey of the Literature Found Models Which Emphasize State Lead in Program Administration The models we found which delineated activities in the seven functional categories envisioned State lead in direct program administration, unless the State is unable or unwil- ling to carry out the program. These models support the find- ings of other task force studies by giving EPA the lead in State program approval and oversight, research, national information collection and technical support. The models did not agree on where to place responsibility for standard setting and funding. ------- -15- TASK FORCE MEETINGS The Steering Committee and the staff held their first meeting on June 29th. At that meeting, the members of the Steering Committee identified the key concerns they wanted the task force to address, and agreed to an analytic framework using roles, responsibilities, and relationships as the basis for devising options. At the second meeting, on July 14, task force members were briefed on the studies on EPA's current activities and outside perceptions of the Agency. The task force discussed lead and supporting roles for each activity and identified specific responsibilities for EPA and States. During the third meeting, on August 18, members heard the results of the two oversight studies and critiqued a staff draft of the task force's report to the Administrator. The report was then revised to incorporate the concerns raised by the Steering Committee. The final report was approved for transmission to the Administrator at the final meeting on September 8. THE REPORT In developing the task force report, two organizing principles were used: o focus on activities, and o identify roles/responsibilities/relationships. Activities While the concept of a "Federal/State partnership" in environmental protection provides an overall common vision to which Federal and State officials aspire, the task force believes that we must go beyond this to develop real options for restructuring and improving current State-Federal relations, All too often, those who have heard the rhetoric proclaiming this partnership have come away with the conclusion that either there is no follow to put the principle into practice or that different individuals are using the same language to refer to totally different ideas. Neither of these outcomes has been helpful to generating constructive State-Federal relations in the environmental area. With this in mind, the task force has followed a different approach. Its deliberation focused on activities of work, rather than general concepts. Seven categories, listed below, were identified into which the task force divided all of the activities conducted by EPA, State and local agencies to protect the environment. These categories represent an aggregation of 23 activities which were developed to profile what kinds of work EPA now conducts. ------- -16- Categories of Activity Direct Program Administration and Enforcement Technical Support State Program Approval and Oversight Standard Setting Research National Information Collection External Funding Chapter IV presents options for each of the categories of activity and the implications of each option. These options are preceded by a review of the major issues in each category, as identified by the members of the task force. In most cases, the options are not mutually exclusive: rather, they present a menu of possible responses to the issues. The main objective of the task force, in this paper, is to present real options among which real choices can be made. The task force did not attempt to develop consensus around any one set of options. The task force recognizes that all the options have both advantages and drawbacks. It was their judgment that the interests of decision-makers in general, and the Administrator in particular, are best served if an accurate accounting of the implications associated with each option was presented. Roles, Responsibi1ities, Re1at ionships In examining each activity, the task force first deter- mined whether there was consensus on which level of government — State or Federal — should have the lead role in conducting each activity. "Lead role" was defined as the level of government which would have the principal responsi- bility for taking action. The task force identified also recognized that none of the categories was reserved exclusively to either the States or EPA. Therefore, in each area a "supporting role" was identified. The task force found that there was consensus on lead and supporting roles for six of the seven categories of activities that comprise the real work of environmental protection. The task force agreed that States should have I the lead role in direct program administration (including I enforcement) while EPA should have the lead role in technical support, research, standard setting, oversight, and national information collection. The majority of task force members said that funding should be a joint State-EPA responsibility, while others divided equally in supporting State and EPA lead. ------- -17- One area which received special attention was tech- nical support. There was widespread agreement on the task force that technical support is essential for making program delegation and oversight successful. The task force believes that this responsibility has been neglected for some years and that a re-emphasis is needed. Consensus on lead roles represents a first and important step. The work which follows that consensus, however, is the specification of the responsibilities which accompany both lead and supporting roles for each activity. The task force found that there is less agreement on what specific responsi- bilities should accompany a State lead/EPA support or an EPA lead/State support role in each area. This report, therefore, presents options which EPA could select to carry out the responsibilities associated with its lead or supporting role in each area. It is the task force's contention that relationships can be usefully addressed only after roles and responsibilities have been thought through. "Relationships" do not exist in a vacuum, but rather appear in connection with specific tasks which must be performed. If each of the contributors to a task understand their role and responsibility to other members of the task group, then it is likely that the relationships will develop smoothly. State-EPA relations in the past have suffered from fundamental misunderstandings of who is supposed to do what. The State-Federal Roles Task Force makes the beginning of a joint effort to rebuild that relationship. While the report identifies generic roles/responsibilities/ relationships for all of EPA's programs, the task force recognizes that these will vary among programs. This variation may be, to some degree, a function of the "maturity" of the different programs or of statutory definitions of "delegation" or "authorization". For example, EPA-State roles and responsi- bilities may not be the same in a program with a long, established history as in one which has been recently authorized and is still experiencing growth pains. Similarly, the statutory requirements surrounding some programs may present unique complexities. The Clean Water Act 404 program, for example, involves the Corps of Engineers and the Fish and Wildlife Service, as well as EPA, in permit reviews. The analysis which follows is based on the two principles described previously. Chapter IV spells out the major options which exist for carrying out the mutual responsibilities of the Federal and State governments in each area. Chapter III discusses current relationships issues and decribes a foundation for improving the State-Federal relationship. ------- CHAPTER III: OPTIONS FOR STATE-EPA RELATIONSHIPS ------- -19- STATE-EPA RELATIONSHIPS While roles and responsibilities can be sorted into concrete tasks, "relationships" refers to the way EPA and the States deal with each other in a general sense as each carries out their lead and supporting roles. Because the success of each activity depends on both lead and supporting actors, the development of a strong working relationship is crucial to the success of the nation's environmental programs. The objectives of this section are to identify current relation- ship issues, discuss factors promoting and limiting good relationships, and identify options for resolving issues. What does "Partnership" Mean? The term "partnership" is used regularly by both EPA and the States to describe their preferred relationship. In practice, however, this term has different meanings for different people. In particular, States believe they have become "forgotten partners" with little say in the policies and regulations they are responsible for implementing. While each member of the task force might describe the partnership between the States and EPA differently, there is one point on which all members agree: the States are, in a broad sense, the implementation arm for federal programs; without them theEPA cannot achieve its goal of environmental results. The quality of the partnership depends on attitudes as well as actions. Attitudes are reflected in the degree of trust/ co-operation, and mutual respect between EPA and the States. Actions refer to the institutional practices that ensure frequent communication and understanding of the priorities and problems of each. Both aspects are crucial: trust without a means of providing input is hollow, and a work group without mutual respect will be ineffective. Because attitude is such an important aspect of relation- ships it is difficult to provide a set of distinct, clearly defined options. However, there are three basic models which illustrate ways that the Agency might change its behavior in order to establish a new pattern of communication and interaction with States in the policy formulation process. o Notification - EPA continues to treat States as an "outside interest group", with the same status as environmental groups, industry, and the public and limits their input to federal policy to review and comment. o Consultation - EPA continues to have primary responsibility for setting policy and developing regulations but the Agency consults with States, and receives their views before making policy and regulatory decisions. ------- -20- o Joint Review and Planning - EPA treats States as "part of the organization", involving them in all major policy and regulatory decisions, through negotiation and participation on work groups as co-workers. A Foundation for Relationships The task force is in agreement on a number of areas that serve as the foundation for deciding which relationship is most appropriate. It is important to reiterate that it may be appropriate for the relationship between EPA and the States to vary depending on the capability of each State and the specific program. The basic assumptions that guide the State-federal relationship are: 1. States and localities do most of the front-line work Dealing with pollution sources. State and local employees in environmental protection far outnumber Federal employees. This makes EPA increasingly dependent upon States for successful implementation of national goals. 2. Federal environmental statutes recognize that States have the primary role for direct program administra- tion, including enforcement. As more States accept delegation, they will probably expect a greater role in formulating national policy. 3, Historically, it has been the constitutional role of States to protect the hfealth, welfare and safety of the publictThe Federal roleTnimplementation can be seen as a temporary period to establish programs during a time of rapid change. 4. States' expertise increases as, over time, they gain more experience administering programs. The role of the Federal government is to work with States to develop their capabilities. 5. States share with EPA many professional goals in addition to the general goal of protecting public health and the environment. These include reporting accurately on progress, applying the best scientific procedures and technologies, ensuring that programs are cost-effective, and maintain a high degree of quality decision-making, which stands up to public and peer review. 6. Much of the irvteraction between EPA and the States concerns operational matters involving implementation of statutes or regulations. Because States must operate many EPA programs, their sense of whether certain regulatory options can be implemented is important. ------- -21- Federal environmental statutesrecognize that EPA is ultimately responsible for progress toward statutory environroenta1 goals. Since Congress holds EPA account- able for progress toward goals, it also holds EPA account- able for decisions on national policies and strategies. EPA and States should work together to broaden the Congressional focus to consider the performance of both EPA and the States. However, current regulations, statutes and attitudes may limit the extent of joint State-EPA decision making. It is critical that EPA's oversight role be clearly articulated, so EPA and States both "understand the rules" and can work together with a common understanding of their individual responsibilities. EPA is responsible for evaluating State program performance and taking corrective actions, including sanctions if necessary to ensure States are making acceptable progress toward statutory goals. The level of trust between States and EPA results from a commitment by both parties to help each other pursue the common goal of protecting the environment. For EPA, this implies a willingness to respond to State requests for assistance, even in areas of local concern. For the States it means providing EPA the information necessary to assess the progress of environ- mental programs nation-wide. The States and EPA are now in the process of building mutual trust. Perhaps the single most important concept to make that process work is for EPA and the States (and industry, environmental, public interest groups and the general public) to understand that EPA and the States are co-workers. Clearly there will be cases where State programs are not adequate under federal law. In those cases, it is EPA's job to work with those States. Ultimately, if a State is not interested in pursuing federal environmental policies, then EPA will need to operate the program. The main point is that both EPA and the states will occasionally fall short of their goals, and it is the job of each to support the other in pursuit of the common objective. ------- CHAPTER IV: OPTIONS FOR EPA AND STATE RESPONSIBILITIES ------- -23- A. DIRECT PROGRAM ADMINISTRATION AND ENFORCEMENT Definition Direct program administration refers to all activities which directly affect individual sources of pollution or manufacturers of substances with the potential to threaten public health and the environment. This category includes both regulatory and enforcement actions such as: the issuance of permits; engineering and environmental impact reviews; the review, registration, or certification of certain products before they can be offered for sale to the public; environ- mental monitoring and data collection; the evaluation of compliance status of an individual source or company (including inspections, testing and monitoring of sources; review of self-monitoring reports and laboratory analysis of collected samples); hazardous substance emergency response; all adminis- trative or judicial enforcement actions; and policy development and interpretation for day-to-day administration. Role The task force reached a consensus that the lead role should be taken by the States in all areas where the statutes permit them to assume this responsibility. In the remaining program areas, such as new chemical reviews under TSCA, the lead role should remain with EPA. The task force emphasized the importance of EPA's sup- porting role in direct program administration. EPA should play a strong supporting role through the provision of technical assistance, through the maintenance of national information systems and by taking action in enforcement cases when the States request EPA involvement. There is also a recognition that in certain programs it is necessary to specify particular State and Federal program responsibilities in greater detail. For example, task force members indicated a concern for a clearer specification of roles for States and EPA in handling environment emergencies and cleaning up abandoned hazardous waste sites. Another area where EPA needs to specify its policies more clearly is in defining in what situations the national interest is at stake, resulting in EPA action in a State with an authorized or delegated program. Issues The options address three major issues: 1) How can EPA effectively support States in their; implementation of environmental, jprograms? ------- -26- In examining the options for each of the three issues that follow, it is important to look at their implications. For example, one option included under both Issues #2 and #3 is that EPA will only conduct "post hoc" audits of State actions and will have no involvement in day-to-day decisions. This may mean EPA needs to be willing and able to actually take programs back from States that cannot run them effectively, EPA could choose to pursue different options under the category of direct program administration depending on the Agency's assessment of the quality of a State program. To be effective, this assessment would have to be reached through a clearly articulated process and announced formally. This sort of process would enable the EPA to tie its level of review to the effectiveness of a State program. ------- -24- 2) How can EPAassure itself that State programs meet the intentof federal environmental statutes? 3) In what situations, if any, should EPA be involved in enforcement actions in States with an authorized or delegated program? It is important to understand the concerns underlying each of these three issues. Issues $2 and #3 are discussed together since they both deal with how and when EPA should be involved in State programs. SPA Should Support State Programs The task force's central concern is the need for EPA to translate its supporting role in direct program administration (and its lead role for technical support) into a strong commitment to provide technical support and to allocate resources adequate for the job. There is wide agreement on the task force that technical support is not simply desirable, but is crucial for making program implementation effective and for ensuring that delegation and oversight work in practice -- not just as concepts. The task force view is supported by major findings from two of the background studies. In both the External Views and the Alternative Oversight Methods studies, a major finding was that successful oversight seems to be inextricably linked to aggressive technical support. Without technical support, oversight is primarily a matter of review and evaluation. Similarly, criticism of EPA's standards from outside experts focused on the fact that often States and industry, who are the ultimate implementors of federal regulations, either do not know what is technically required by the regulations, or understand the requirements but do not know how to comply with them. Perhaps the strongest argument supporting an increase and improvement in EPA's technical support to States steins from the roles and responsibilities each has in the Federal system. The States are responsible for the implementation of environmental programs; if they are not successful, then EPA is not successful. Success does not result from promulga- tion of a regulation, but from effective implementation of the regulation, whether it be through a permit, a warning label or an enforcement action. When States need EPA assistance to implement Agency rules and policy, it only does the Agency and the public a disservice not to provide that support. ------- -25- While there is agreement on the need for EPA to increase and improve its technical support tq State and local agencies, there is also skepticism whether any strategy to increase the level of Agency attention to technical support could be carried out successfully. Staff discussions with Regional EPA personnel revealed that technical support is viewed as valuable but risky because items labeled "technical support" in the budget have been cut sharply in the past. How and When Should EPA Be Involved in State Programs? The second and third issues focus on how and when EPA should be involved in authorized or delegated State programs. Issue #2 refers to day-to-day program administration, while issue #3 focuses specifically on the issue of EPA enforcement actions in State programs. The question of how EPA can assure itself that State programs are adequate under the statute is related to State program approval decisions, oversight, and direct program administration. In the area of direct program administration the concern is whether EPA should ever become involved in an individual decision in an authorized/delegated State program. There are different views on this, some directly tied to specific statutory language. A central concern is the criteria by which EPA deter- mines that State action is insufficient or not timely and that Federal action is needed. What steps should be taken before EPA becomes involved? The criteria must be objective and clear so that EPA does not engage in second-guessing on a systematic basis. while there is no consensus among task force members regarding whether or when EPA's statutory responsibilities require Agency action, there is agreement that EPA's criteria for acting be clearly articulated. State representatives are particularly concerned that EPA criteria for action and review focus on substantive issues (e.g., a non-complying source) and not on procedural issues. In the past EPA has often focused on process at the expense of substance. It is important to remember that the operating assumption behind the issue of EPA involvement in individual State actions is that the occurrence is an exception and not the rule. This issue results in especially heated discussion when the focus is narrowed to enforcement actions and to activities designed to determine if a source or company is in compliance. There is general agreement that EPA's supporting role in enforcement may mean that in some cases the Federal government will inspect sources and bring enforcement actions against them when States fail to act. At issue, however, is when is EPA involvement appropriate? Does it extend to all sources potentially out of compliance or sone subset of sources such as "major problems", however defined? ------- -27- DIRECT PROGRAM ADMINISTRATION AND ENFORCEMENT 1. How can EPA effectively support the States in efforts to implement environmental programs?* their OPTIONS** IMPLICATIONS (i) EPA consults with States on individual decisions/ actions. (ii) EPA provides official interpretation of general Agency policy and legal requirements. (iii) EPA serves as a consultant to States on scientific issues. (iv) EPA serves as a broker to disseminate information on what other States are doing. (v) EPA provides direct ser- vices, such as laboratory assistance, expert wit- nesses, and emergency response teams. (vi) EPA provides "continuous" training to State agency employees. Provides States with needed advice in difficult, sophisticated or controversial situations. May get EPA involved in some controversial political situations, Consistent with current EPA role. May not provide States with infor- mation necessary to implement regulations effectively. - Requires EPA to maintain (or have access to) scientific experts. - Might require additional resources. - Might require EPA to conduct more "health" based and risk assessment research. - Fulfills EPA function of central focus for environmental protection. - Might require sophisticated infor- mation "system". - Enables States to find out how other States deal with similar issues. - Would result in EPA having a good picture of how State implementation varies. - Would result in EPA giving States services they do not have. - EPA would have to respond to State requests for assistance. - Requires resources. - Would keep State personnel informed about state-of-the-art techniques. - Would require that EPA be current on techniques. - Would require additional resources. * This support would apply to all areas, including enforcement. ** These options are not mutually exclusive. Specific options for delivering technical support are discussed in the technical support section later in this chapter. ------- -28- DIRECT PROGRAM ADMINISTRATION AND ENFORCEMENT 2. How can EPA assure itself that the intent of the environmental statutes are being met through State implementation of these laws? OPTIONS IMPLICATIONS (i) EPA performs post hoc audit of State actions. No EPA involvement in "real-time" decisions. (ii) EPA evaluates State program on basis of post hoc re- view, but participates in public comment on individ- ual State actions. (iii) EPA retains ability to intervene in individual State actions, according to specified criteria (such as a targeted category). (iv) EPA retains unlimited discretion to intervene in real-time actions. Clarifies State responsibility. Restricts EPA's ability to address "political" problems. EPA gives up a strong tool currently used. Requires active response to audit results. Eliminates "second-guessing" on real-time basis. To be effective, threat of program reversion may, in some cases, have to be used. Sets timing/limits on EPA role. States make final decisions, but EPA can object publicly. Public EPA-State disputes can damage credibility of both. Earlier EPA involvement could avoid later problems. EPA and States would have to be able to define the appropriate criteria. Specified EPA role. Allows EPA to assure consistency of State actions in target category. Target category may not be where environmental impact is greatest. High EPA flexibility. Permits rapid EPA correction of unsound or illegal actions. EPA "second-guessing" likely. Leaves authority/responsibility unclear. Takes away incentive for State to run program. Results in mixed signals to sources and public. Encourages sources to go around States or EPA to other level of government to get "desired answer". ------- -29 DIRECT PROGRAM ADMINISTRATION AND ENFORCEMENT 3. In what situations, if any, should EPA be involved in enforcement actions in States with an authorized or delegated programs? OPTIONS IMPLICATIONS (i) EPA audits enforcement actions; takes no independ- ent direct action in authorized/delegated States. EPA may respond to State requests. (ii) EPA takes enforcement related actions in authorized/delegated States in all cases when States requests, but other- wise takes no direct act ion. (iii) EPA takes enforcement action only where (1) State fails to act expeditiously, and (2) significant threat to public health or environment exists. (iv) EPA takes enforcement action only in cases where more than one States' interests are involved. (v) EPA defines some category of sources/situations where direct federal action is allowed. (vi) EPA can inspect/enforce without prior notice to a State.. EPA and States exercise concurrent, independent authorities. EPA can assess State performance. Clear State lead in the enforce- ment area. Results in different treatment of States with "primacy" for environmental programs. EPA serves in support role to States. Minimizes EPA action. Clearly defines State-EPA role. Constrains EPA ability to intervene. May require EPA resources and involvement in areas which are not high priority for EPA. Minimizes EPA involvement. Allows EPA to take action in critical situations. Would require explicit definition of when EPA action is appropriate. Less clear EPA-State roles. EPA resources applied to most significant situations Minimized EPA action. Clear State-EPA roles. Fulfills role of "federal" interest. States know in advance what sources/ situations are subject to EPA action. Reflects EPA focus on priority areas. Mixed signals/"second guessing" problems. Implies that priority areas aren't State responsibility and that only EPA priority areas are important for environmental quality. Changes in EPA priorities may create confusion. Enables EPA to move quickly. Matches EPA's authority under some Federal law. Mixed signals to sources and public. EPA "second guessing" likely. Makes delegation of program less complete. May take away incentive for States to take program. Requires more EPA resources. ------- -30- B. TECHNICAL SUPPORT Definition Technical support refers to the development and provision of assistance to groups or individuals outside the Agency including States, localities, industries, and public interest groups. Its purpose is to ensure the success of State programs, but it differs from oversight and regulatory activities in that its use is voluntary. Role The task force agreed that EPA has the lead role for providing technical support, although States also have an important role in providing assistance to localities and industries within their jurisdiction. Issue The central concern voiced by the task force is the degree to which EPA translates its lead role for technical support into a strong commitment to provide resources adequate for the job. What delivery systems are most appropriate for providing technical support to the States? The aim of the task force is to identify methods which would best support a strong EPA role in providing technical support as part of a comprehensive oversight system. The options address the issue of how to provide the most efficient and effective delivery system(s) for technical support. The options are not mutually exclusive; due to resource limitations, however, priorities need to be set. The delivery systems outlined here present a range of services, from technical/scientific information to personnel training, which EPA could provide to the States. One option, which calls for the private sector to provide these services did not draw any task force support. The remaining options are designed to meet the need for technical support in an institutionalized way: EPA would systematically respond to needs and problems identified through review and evaluation. ------- -31- TECHNICAL SUPPORT 1. What delivery systems are most appropriate for providing technical support to the States? OPTIONS (i) EPA provides expert services such as consultation and complex lab work in areas of national concern. (ii) EPA provides information on the best available science and technology. Could expand service to facilitate information transfer on successful State programs and advice on areas not currently covered by EPA regulations. (iii) EPA establishes "centers excellence" and targets development of Agency scientific expertise to high priority areas. Centers serve as national resources on selected environmental problems. of IMPLICATIONS Increases State/Federal cooperation. Focuses on areas where EPA has a comparative advantage. Requires investment to develop experts and make services available. Benefits are largely intangible and difficult to defend, although widely regarded as important. Provides centralized source of current scientific/technological information. Emphasizes EPA's function as provider of scientific/technological informatior Requires EPA investment in the means to provide up-to-date information (computer or hard copy). Locates needed scientific expertise within EPA. Emphasizes EPA lead role developing up-to-date scientific information. Attracts high quality scientists to EPA. Requires investment in human and capital resources. Targets EPA investment to high priority areas. ------- TECHNICAL SUPPORT -32- (iv) EPA provides training to State and local agency staff. (v) EPA emphasizes private sector provision of technical support. De- velops a directory of private sector firms from which services could be purchased or makes national contracts available to States. Builds expertise at the State and local level? raises overall program quality. Could help address problems of turnover and salary structure in State government. Emphasizes the assisting function of EPA. Requires training of EPA staff to function in new roles. Focuses efforts in an area where EPA has been identified as effective and where there is a large need. Provides intangible benefits which are difficult to quantify and defend, Private sector response to market demand. Enables EPA to concentrate scarce budget resources elsewhere. Fails to respond to an expressed State/local need for EPA technical support. Differs from approach taken by successful private sector firms, which links effective oversight to strong in-house technical support. EPA short of technical experts to deal with emergencies. Cost borne primarily by States. Contracts are frequently more costly than in-house provision of services. Hinders State-Federal cooperation. State-of-the-art information may be available primarily from sources regulated by EPA. ------- -33- C. STATE PROGRAM APPROVAL AND OVERSIGHT Definition State program approval refers to the review and "approval" or "authorization" process through which EPA grants State authority to operate a program mandated by Federal statute. Oversight of State programs by EPA refers at a minimum to program audits and other means for evaluation of State program performance. A broader view, proposed here, envisions oversight as a system of mutual support and assistance of which review and evaluation is only a part. Role EPA has the lead role for these activities. Tissues Task force concerns about State program approval and oversight outnumbered those in any other area. Many task force members recognized the importance of developing criteria for defining an adequate State program and for defining when EPA's intervention in a State program is appropriate. Task force members agreed on three general principles: A) The Agency should view State success in achieving environmental goals as the definition of EPA success; and B) A strong EPA commitment to oversight, technical support, and training is needed when programs are delegated to the States. C) EPA and States should develop clear criteria. The two major issues are: 1. What criteria should EPA use _tp_as_se_ss the adequacy of a State program to meet federal statutory and regulatory requirements? 2. How should EPAconduct oversight and what should be EPA's response to inadequate State performance? ------- -34- State Program Approval Flexibility of criteria for delegation and the definition of State program equivalence were areas of prime concern for the task force. There are many views about how EPA should exercise its national responsibility for reviewing State programs for approval. Some believe that the Agency's statutes and regulations provide little flexibility, and that States must have technical and administrative procedures identical or nearly identical to EPA's. In this case, "equivalent programs" refers to procedures as well as results. Others feel that more legal flexibility exists, and that what is important is that comparable sources in different States have to meet comparable standards. In this sense, equivalent programs are defined in terms of equivalent environmental results. This concern was also reflected in the ta^sk force by requests for ,more flexible and more "realistic" requirements for delegation of programs. It should be noted that there may be a trade-off between flexible criteria for delegation and the extent of oversight required for State programs. More inflexible criteria for delegation, placing more detailed requirements on a State program initially, may imply less detailed oversight. In considering these issues, the task force held to its charge, which was to develop broad options applicable to all programs rather than focus on tl)e details of specific program delegation, which may vary depending on statutory language. Oversight Issue In this section, oversight refers to an assessment of overall State program performance. The options for EPA intervention in individual sources, at State request or in exceptional cases, are addressed in the section on Direct Program Administration. The task force also recognizes the need for EPA and the States together to develop a clearly defined set of oversight responses, short of taking back the program. Depending on the option chosen, these responses might include training, on-site technical support, management studies, or even real- time reviews in problem areas for a specified period of time. In addition, the conditions for taking back a program should also be clearly specified. ------- -35- There is also a concern, particularly on the part of the States, that EPA will respond to perceived State inadequacies by a subtle process of "creeping de-delegation". "Creeping de-delegation" refers to a process by which EPA gradually reclaims authorities by intervening in specific program areas, short of formally taking a program back. The concern is that this would occur incrementally, apart from a formal oversight process and a legal decision to rescind delegation. Both EPA and the States have identified a clear need for a consistent national oversight policy, with predictable EPA follow-up. The options below describe a range of potential approaches to oversight. An underlying assumption is that, under each option, EPA must be willing and capable of taking back a program if a State consistently does not carry out its responsibilities adequately. The appropriateness of the options may vary depending on statutory language for individual programs. ------- -36- STATS PROGRAM APPROVAL 1. What criteria should EPA use to assess the adequacy of a State program to meet federal statutory and regulatory requirements? OPTIONS IMPLICATIONS (i) EPA applies relatively specific criteria for delegation, and requires State programs to be "equivalent" in both substance and procedure. (ii) EPA applies more flexible criteria, targeted to achieve "equivalent re- sults," consistent with statutory requirements. Standards for equivalent results are developed with State officials on a program by program basis. Specific requirements for acceptable State program are clear up front. Minimizes chance of inappropriate delegation. Encourages development of State autonomy once program is delegated. Program adequacy would be easier to define. Inflexible criteria may create problems for States (e.g., conflict with State law). Increased flexibility and focus on results would address State concerns. Up-front involvement by States in determining oversight criteria. Care needed to avoid overstepping statutory constraints on flexibility, Standards for "equivalent results" may be difficult to develop and implement. ------- -37- OVERSIGHT 2. How should EPA insure that States implement effective programs? OPTIONS EPA performs oversight through annual audits, and provides relatively little technical support. (ii) EPA oversees State programs through periodic assessments and site visits. Technical support, though sometimes provided, is not viewed as an integral part of over- sight . (iii) EPA develops a comprehensive oversight system which includes technical support. Federal and State officials are in constant contact. Innovative approaches such as peer involvement in oversight and location of EPA offices in States are possibilities under this option. IMPLICATIONS Requires relatively few resources. Enables measurement of performance against objectives. Focuses on problem identification rather than follow-up and assistance. Focuses on ensuring compliance with environmental laws and regulations. Other successful organizations do not rely solely on audits. Requires no increase in resources or change in current methods. Provides some assistance when available, if a problem is discovered. Inadequately addresses expressed State need for technical support. Technical support will not be consistently provided. Oversight process used to identify solutions as well as problems. States become partners in oversight. Increases responsibility of States and increases accountability. Similar model used by other success- ful public and private sector organizations. Requires dramatic changes in EPA's methods of operation, possibly including personnel policies, office locations, and staff recruitment and training. Some disruption will inevitably accompany such charges. May result in public concern about weakened watchdog role for EPA, unless accompanied by public education effort. ------- -38- STANDARD SETTING Definition Standard setting includes regulations, rules, and standards for Federal statutes and programs. Standard setting activities include the assessment of regulatory alternatives, the develop- nent of a regulatory package, and the review of that package prior to promulgation. Hole The task force recognizes that when the statute provides for national standards, EPA has the primary role for their development and promulgation. Many task force members agree tfcat the States should play a very strong support role that includes earlier and greater participation than currently practiced, since they have primary responsibility for direct program administration and enforcement. Task force •embers also emphasized that it is important that EPA and the States focus on the development of a strong working relationship, as they function in their respective roles. Issue What shou_ld^be the extent and nature of State involvement in the regulatory development process? Since States have the lead role in direct program admini- stration and enforcement, they have a special relationship with EPA in developing standards and regulations. This special relationship means that EPA should ensure that the States are able to have substantial participation in the early stages of formulating regulations. This is necessary in order to ensure that standards arid procedures promulgated by EPA will pass operational tests in the field. ------- -39- STANDARD SETTING 1. What should be the extent and nature of State involvement in the regulatory development process? OPTIONS (i) States comment on proposed regulations during the formal public comment period and EPA takes particular time and attention to respond to State concerns. (ii) EPA circulates drafts of regulations to States and receives comments prior to formal Notice of Proposed Rule Making. (iii) States comment on proposed regulations after the comment period has ended and before the final rules are pro- mulgated. (iv) State representatives are included as members of formal EPA working groups which are developing specific regula- tions prior to internal (Red Border) EPA review. IMPLICATIONS Requires no change in current laws, regulations or procedures. Can be implemented immediately. Many key decisions affecting States are already made by the time regulations are proposed. Tends to treat States as "just another group". Poses few legal problems. Allows for early involvement by States. States not involved in the very early conceptual stage of rule development. If States wish to speak effectively with one voice, State environmental officials must develop well-organized forums for resolving policy differences. Many crucial issues resolved during this period. Regulated community will object to this procedure. Supports the principle of State- Federal partnership. Ex_ parte procedures may be viewed as burdensome by EPA programs. Provides for the most timely involvement by States in developing regulations. Assists EPA in brokering the various concerns of different States. Requires increased organization by State environmental officials so that differences are resolved and State representatives can function effectively in working groups. Will need to have States exempted from the Federal Advisory Committee Act. ------- -40- E. RESEARCH Definition Research refers to all activities that produce information improving the scientific or technical basis for making decisions at EPAf in other levels of government, or in the private sector. It includes exploratory research, health effects studies, and research in support of technical assistance, as well as research directly in support of standard setting. Role Task force members agreed that the lead role should be taken by EPA because of its greater expertise in most areas, and to avoid duplication by fifty different State research programs. Issue Should EPA expand its research work in support of specific State needs? Some task force members, as well as some respondents to the external views survey, believe EPA should increase its investment in exploratory research and applied research. They think EPA should increase its work in such areas as: o health effects information for particular pollutants; o risk assessment for particular pollutants; o technical assistance on unique or complex issues (e.g., synergistic effects); o tools for complex monitoring or laboratory work; and o control technology pilots. More State involvement in planning is needed if EPA's research effort is to include an expanded emphasis on technical assistance and developing a scientific basis for exercising judgment in areas with incomplete health and risk information. States must play an active rather than reactive role in providing information about their needs early in the process of drafting Agency research strategies and budgets. (The generic issue of State involvement in EPA decision/policy making is discussed in the section on relationships.) ------- -41- RESEARCH 1. Should EPA expand its research work in support of specific State needs? OPTIONS (i) EPA focuses primarily on research to support standards. (ii) EPA expands exploratory research capabilities in anticipation of future State needs. (iii) EPA expands applied research to aid State program implementation. IMPLICATIONS Essential to a primary EPA lead role, As a spin-off, provides the States useful technical infor- mation. EPA can fail to anticipate new problems if focus is too narrow. Lack of in-house exploratory research capability threatens ability to interpret work of others. Important.work for EPA to be ready for the "future". States lack capability; already depend on EPA for this. Research could support State initiatives which might decrease need for national regulatory action. Reliable system for ascertaining State needs must be developed. Capabilities may be available in universities or other private institutions. Trade-off with standard-setting work if no increase in research funds. States must develop and communi- cate their needs to EPA. EPA must develop a reliable system for incorporating State needs into research plans and budget. Trade-off with other research efforts if there is no budget increase. Increasing focus on managing for environmental results requires better monitoring tools. Complexity in dealing with hazardous waste calls for more advanced technology. ------- -42- F, NATIONAL INFORMATION COLLECTION Definition Through national information collection procedures, data regarding overall quality of the environment is gathered. The data is used to assess progress toward federal environ- mental goals and to plan future regulatory needs. Occasionally certain programs require a special "one-time only" assemblage of information. Role Most of the task force members agree that EPA has the lead role in national information collection. A sizable minority believe information collection is a shared, State-EPA activity. Issue How can information collection efforts be better linked to reporting progress toward goals? The States and EPA want to have the capability to mea- sure progress toward environmental goals as a result of permit, enforcement and construction activities. A concern is that sometimes EPA collects all the data possible from every source instead of gathering the minimum information needed to satisfy specific reporting objectives. Task force members identified a need to make the reporting mechanisms more concise and focused on environmental results. ------- -43- NATIONAL INFORMATION COLLECTION 1. How can information collection efforts be better linked to reporting progress toward goals? OPTIONS IMPLICATIONS (i) Initiate a State-EPA effort in each program to stream- line current system by reducing or eliminating cer- tain information require- ments, by focusing on a more limited set of data for which EPA can demonstrate a specific need and use, and by improving the handling system to ensure proper utilization of the infor- mation. (ii) Replace much of current re- porting system, which looks at data on individual pollu- tion sources, with one pri- marily focusing on ambient data on environmental quali ty. Avoids disruptions to ongoing system. Focuses on stream- lining collection requirements. Approach appears to be working in the Office of Water. Will require time and management attention to be successful. Substantial reporting burden on the States is likely to persist. EPA will receive less data than it now requires. May need to improve or make better use of statistical sampling techniques. Most likely to result in real reporting reductions. Most consistent with philosophy that the EPA's primary concern should be with the results of State programs. Some areas may require increased reporting. Since most ambient measures change slowly over time, decisions need to be made concerning what interim measures of program effectiveness to track. Requires development of guidelines or definitions on how to measure environmental results adequately and fairly. ------- -44- G. FUNDING OF STATE PROGRAMS Definition Funding of State programs refers to who pays the actual operating expenses for State environmental programs. This category includes EPA grants and State budgetary resources, whether from a general fund or a dedicated fee system. Role There is no consensus in the task force regarding who should have the lead role for this Activity, but there is strong support for the idea that funding should be a joint responsibility. Half of the members believe funding should be a joint activity, while the other half is split equally among those who favor a lead role by the States and those who prefer an EPA lead role. A wide range of opinion appears also in our interviews with twenty-eight leaders of environ- mental, industry, and State and local groups. This is the only functional area where general agreement on lead role is not found. Issue What is the appropriate level and form of EPA funding for State programs? o Funding level One perspective is that the level of grant funding should be related to the cost of carrying out State responsibilities under Federal laws. A second, and conflicting, view is that funding is a short term effort designed to build up State capability. From this perspective, as States assume program responsibilities, they are expected to increase their own sources of funding as Federal funds decrease. o Funding form There is concern that the current categorical grant system does not provide the States enough flexibility for managing their own environmental needs and priorities. One potential solution is to establish "environmental block grants" which might provide the States some flexibility. The States need greater certainty in funding. Because of year-to-year variations in the Federal budget (coupled with the late passage of the budget in recent years), the States have difficulty planning their programs. With more accurate funding information, the States can plan what future funding resources will be necessary based upon a long-term needs projection, and better articulate those needs before the appropriate budgetary groups in Congress and the Administration. ------- -45- FUNDINGOF STATE PROGRAMS 1. What is the appropriate level and form of EPA funding for State programs? OPTIONS (i) EPA "pays for services" proportional to what EPA would require to run programs. (ii) EPA pays (either 100% or on a split percentage arrange- ment, such as 50-50, with the States), for that portion of State programs which is responsive to national requirements and interests as established by Federal statutes and regulations. (iii) EPA reduces grant support to States over an extended period while fostering the development of user fee or State tax-based substitutes for funding. (iv) EPA gives environmental "block grants" IMPLICATIONS Recognizes predominant State role in direct program adminis- tration and enforcement. Unlikely that EPA could ever get funding to run programs effectively itself. Commits Federal government to long-term contribution to State programs. Determining the level of appro- priate payment will be difficult. Limits EPA's responsibility for funding to national requirements. Establishes principle that if the Federal government establishes requirements, it should be pre- pared to fund them. Implies long-term Federal contri- bution to funding. Determination of "what States would do without Federal require- ments" will vary among States, creating equity problems. Federal funding reduced over time to a core level. Greater emphasis on user fees/ State taxes without expecting States to fund entire program. Equity problems in States which do not adopt fees/taxes. Principles for establishing "core" grants unclear. May result in dramatic increase in State flexibility. States can use funds to address greatest needs. Negative Congressional reaction likely. Some national programs would benefit while others would suffer; threatens national balance. ------- -46- FUNDING OF STATE PROGRAMS OPTIONS IMPLICATIONS (v) EPA gives block grants but with greater restrictions on allocations among media programs. (vi) Continue present categorical grant arrangements, but project needs and establish appropriations over a longer term to allow for imporved program planning. Increased State flexibility, though less than Option 4. Addresses concern about "national balance" of programs. Lukewarm Congressional reaction likely. Addresses "stability of funding" issue. Improves Federal/State ability to plan for future program changes. Congressional reaction uncertain. EPA-State negotiations needed over duration of grant funds and other grant terms. -^v:on ::!].-A DC 20460 ------- |