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

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                  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

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CHAPTER I: OVERVIEW

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 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.

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                              -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.

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                              -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.

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                              -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:

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                             -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.

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                             -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.

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                             -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.

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CHAPTER II:  BACKGROUND

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                                -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.

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                                -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

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                              -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.

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                                -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.

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                                 -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.

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                                 -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.

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                             -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.

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                             -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.

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CHAPTER III:  OPTIONS FOR STATE-EPA RELATIONSHIPS

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                                -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.

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                                -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.

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                             -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.

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CHAPTER IV:  OPTIONS FOR EPA AND STATE RESPONSIBILITIES

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                                -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?

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                                -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.

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                                -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.

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                                -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?

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                                 -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.

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                               -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".

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                               -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.

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                              -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.

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                               -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.

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 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.

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                                -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?

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                                -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.

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                                -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.

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                                 -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.

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                                 -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.

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                                -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.

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                                  -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.

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                                -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.)

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                                  -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.

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                                -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.

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                                 -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.

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                                -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.

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                                  -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.

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                                 -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

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