EPA POLICY ON OVERSIGHT
             OF  DELEGATED ENVIRONMENTAL PROGRAMS
PURPOSE
     The purpose of  this oversight policy  is to establish
overall goals and objectives  for Agency oversight of  delegated
programs.  The policy describes the approach to oversight
of authorized state  programs  toward which  the Agency  will
strive.  While implementation will require a transition  period,
this policy provides the framework for development  or revision
of program-specific  oversight approaches,  methods,  and activities,
This policy statement builds  on and complements the Agency's
delegation policy.

     After delegation,  EPA  remains responsible and  accountable
to the President, the Congress, and the public for  progress
toward meeting national environmental goals and for ensuring
that federal statutes are adequately enforced.  EPA thus has
the responsibility to oversee the conduct  of delegated,
inter-governmental programs,  in order to enable excellence
in the delivery of environmental protection services  in  the
field.  While the Agency has  had oversight responsibilities
for many years, the  extent  and  importance  of this function
is greatly enhanced  because of  the increcising number  of
delegated programs.

     Substantial progress has been made in carrying out  effective
oversight activities.   However, criticism  of EPA has  focused
on confusion regarding  appropriate oversight methods  and
activities, and on the  possibility of diminished environmental
protection in delegated programs.  The importance of  EPA's
oversight efforts requires  that the Agency develop  a
comprehensive, consistent,  and  constructive approach  to  over-
sight of state programs.  Such  an approach necessitates  both
a continuing strong  EPA presence and a workable State-EPA
relationship that takes advantage of the particular strengths
and capabilities of  each, in  order to deliver more  efficient
and effective environmental protection.
.SCOPE AND DEFINITIONS
     This policy  specifically  addresses EPA's  responsibility  for
oversight of delegated state environmental programs.  The  policy
does not address  EPA's oversight of other state activities
funded by EPA grants, although  the principles  and  approaches
discussed here may  also  be useful and  appropriate  in  carrying
out these other oversight responsibilities.

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     "Delegation" is the review and "approval" or "authori-
zation" process by which EPA assigns to competent and willing
states the responsibility to operate a program mandated by
federal statute.  Since delegation usually involves state
governments, the discussion in this policy refers to states.
However, in the few cases of delegation to local governments,
as in the air program, references to states generally apply
to local governments as well.

     "Oversight" of delegated s;tate programs is broadly
defined as the set of activities conducted by EPA after
delegation in order to ensure that state programs adequately
pursue progress toward national environmental goals and
enforcement of federal statutes, and in order to provide a
national and regional description and analysis of the status
of environmental quality.
GOALS AND APPROACH TO OVERSIGHT	


     It is the policy of EPA to conduct oversight of delegated
state programs in order to:

     1.  Ensure adequate environmental protection, through
         continued development and enforcement of national
         standards, and use of direct enforcement action
         against polluters as necessary to reinforce state
         action and authority.

     2.  Enhance state capabilities to administer sound
         environmental protection programs, through increased
         communication and a combination of support and
         evaluation activities.

     3.  Describe and analyze the status of national and
         regional environmental quality, through continued
         collection and dissemination of information from
         state agencies and other major sources.

     EPA's oversight responsibility to ensure that federal
environmental laws are enforced is best pursued in ways that
effectively share responsibility with delegated states, that
minimize the need for direct EPA action or intervention, and
that provide support for and participation by states.  EPA
needs to operate with states using clear rules and mutually
agreed-upon criteria for action, and to be as responsive to
states as possible.  In delegated programs, EPA's success
depends in large part on the success of state programs in
effectively carrying out the work of pollution control and
abatement in the field.

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     Enhancing state capacity for success requires a strong,
predictable, and dependable system of support and evaluation.
Given the nature of inter-governmental programs and the
complexity of environmental protection activities, EPA cannot
depend on review and evaluation activities alone to produce
quality state programs.  But federal assistance activities
alone are also not sufficient to foster quality state programs,
since that approach ignores states' responsibilities to meet
commitments and enforce national environmental standards.

     Support and evaluation activities are thus equally
necessary, and should reinforce each other.  Formal and
informal evaluations of state programs should be supportive
in terms of helping the states identify needs and means for
improvement, while assistance activities should help the
states meet agreed-upon priority commitments and objectives.
Support and evaluation activities should focus on achieving
quality state programs and performance, and on preventing and
solving environmental problems in the field.

     Fostering quality state programs is not a static activity,
and will also vary across delegated states.  Conditions in
states change, and program activities must change to respond to
new environmental problems and challenges.  Consequently,
the methods used to oversee state programs must change over
time, depending on the maturity and complexity of national
programs and on the capability of delegated states.  But the
goals and general approach described here should remain the
same.
POST-DELEGATION ROLES AND RESPONSIBILITIES OF EPA AND STATES
     It is the policy of EPA to pursue post-delegation roles
of national program designer and spokesperson, ally and supporter
of state programs, and ultimate enforcer of federal statutes and
regulations, because that approach provides the best way to
ensure excellence in the job of environmental protection.  Of
course, EPA also remains responsible for resolution of inter-
state, national and international issues; and for carrying out
research and development activities and national information
collection and analysis.

     EPA's oversight responsibility is to ensure the even-
handed application and enforcement of federal environmental
laws, regulations and standards, and to provide states with the
necessary assistance, tools, methods, and back-up support to
solve environmental problems.  The responsibilities of major
EPA offices concerning delegated state programs are as follows:

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     Headquarters Program Offices

     EPA headquarters programs are responsible for developing
     national goals, standards, regulations, and policy, and for
     ensuring their consistent and effective implementation.  To
     achieve these objectives, program offices establish overall
     program design and management, develop national program
     guidance, evaluate regional offices, and establish a framework
     for regional oversight of states.  Headquarters program
     offices may also provide states with specialized assistance
     which cannot be effectively or economically supplied by
     regional offices.  All such activities should reflect early
     and continuing consultation with regions and states.

     Office of Research and Development

     ORD and its laboratory personnel are responsible for pro-
     viding strong scientific, engineering and other technical
     support to headquarters programs, regions and states to
     solve environmental problems.  Research and development
     priorities and projects should therefore be responsive to
     regional and state needs, as well as program needs.

     Regional Offices

     Regional offices have an essential role in interpreting
     and adapting national program objectives and requirements
     to the needs and circumstances of individual states; in com-
     municating with both states and headquarters offices,
     raising issues, suggesting solutions, and resolving problems
     with both parties; and in identifying multi-state needs for
     research, training, and so forth.

     Regional offices are responsible for oversight of delegated
     state programs, including identification of state needs and
     problems, review and evaluation of state program performance,
     and provision of technical assistance and other appropriate
     responses, including direct enforcement action.  Regional
     offices are best placed to tailor evaluations and assistance
     to address specific state needs and take into account past
     performance of state programs, within the context of meeting
     national environmental goals and requirements.  Regions
     may either provide direct assistance to states, or identify,
     coordinate, and facilitate access to assistance located
     elsewhere, as appropriate.


     Delegation gives the states the more visible, front-line
roles involved in environmental program implementation:  permit
writer, inspector, enforcer, etc.  States are responsible for
direct implementation of authorized programs consistent with
national strategy and policy; resolution of intra-state and
statewide issues; putting federal grants and technical assistance
to effective use; contributing meaningfully to the development

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of national policy and strategy; and maintaining financial and
program records that are sufficient to provide EPA with timely
and accurate information necessary to evaluate state activities
relating to national program implementation.

     For each responsibility at the federal or state level,
there is a corresponding responsibility at the other organiza-
tional level.  This demonstrates the interactive nature of the
relationship.  For example, development by EPA of appropriate
national priorities and objectives is dependent upon knowledge
about pollution and compliance problems in the real world; this
information is mainly collected and supplied by the states.  For
EPA to evaluate state programs and to determine where additional
technical or other assistance is needed, states must provide
accurate information and cooperate in program reviews.  For
states to effectively implement programs consistent with national
strategy and policy, EPA must provide timely and useful guidance,
and must negotiate realistic objectives and appropriate priorities.
OBJECTIVES FOR IMPLEMENTATION
1.  Ensure continuing strong enforcement activity, with
    states as the first line of action and EPA as strong
    back-up for action when needed.

    0  Delegated states have the lead responsibility for compliance
       and enforcement activities, and EPA expects delegated
       states to conduct strong compliance and enforcement programs.
       The Agency's enforcement role is shifting from a primary
       focus on performing inspections and taking enforcement
       actions to an emphasis on conducting review and evaluations
       and providing states with guidance and technical assistance,
       in order to assure adequate performance of state compliance
       and enforcement programs.

    0  While delegated states have primary responsibility for
       compliance and enforcement, EPA cannot abdicate its
       responsibilities to the Congress to ensure that national
       goals and objectives are met.  EPA also has a role in the
       enforcement area as a strong back-up to states to provide
       direct enforcement actions when needed.  EPA will endeavor
       to assist state compliance and enforcement programs when
       requested, but the Agency may also take direct enforcement
       action in those cases where a state demonstrates it is
       not willing to establish a strong enforcement presence or
       is unable to do so due to a lack of necessary resources
       or requisite legal authority.

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EPA should establish in advance with the states the general
criteria or guidelines for when EPA will take independent
enforcement action.  Such criteria could identify, for
example, cases involving national precedents or other
factors of national significance, unusually large environ-
mental impacts, imminent hazard situations, or state
enforcement responses that are not "timely and appro-
priate." We must also coordinate our enforcement actions
with states, notifying states in advance, and taking
direct action in accordance with agreed-upon criteria
and not in a way that appears to states as random and
arbitrary or that duplicates state action.

EPA and the states should conduct annual joint planning
for compliance and enforcement activities, in order to
establish and coordinate priorities and strategies.

   EPA headquarters should focus on developing, with
   regional and state involvement, annual program strat-
   egies and priorities for targeting compliance and
   enforcement activities, including criteria for EPA
   priorities such as types of facilities or types of
   violations.  EPA is also required to assure a continu-
   ing, strong nationwide enforcement presence, in order
   to correct specific instances of non-compliance and to
   promote voluntary compliance by the regulated community
   as a whole.  Headquarters should work with regions and
   states to develop agreed-upon criteria for, and measures
   of, adequate overall state compliance and enforcement
   programs, including the level of compliance monitoring
   activities and the adequacy of state actions in specific
   instances of non-compliance.

   EPA regions will tailor national program criteria for an
   adequate state compliance and enforcement program to fit
   each state's unique circumstances, procedures and authori-
   ties, for the purpose of annual state program evaluations.

For EPA's enforcement role to be effective, states must
provide the Agency with prompt and accurate information
on pollution sources not in compliance and on state plans
concerning enforcement actions; such information should be
focused especially on mutually established annual priorities.
Frequent and accurate state reporting of compliance informa-
tion is extremely important for both EPA and the states.
Having an accurate nationwide picture of compliance and
enforcement activities improves our collective ability to
assess our progress toward environmental protection goals
and to make informed adjustments and improvements in
national program direction and state implementation.

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2.   Clearly define program goals, prioritiesf  and measures of
    success.

     0  Program offices must work with regional offices and
        states to clearly describe program goals, priorities,
        measures of success, and specific types of work to be
        performed by state agencies and EPA;, and to provide
        annual program guidance that is timely and useful to
        delegated states.  Clearly describing objectives and
        expectations for state environmental programs will in-
        crease the ability of state agencies to successfully
        implement program requirements, and will increase EPA's
        ability to provide appropriate assistance and evaluation.

     0  Program offices should involve states, to the maximum
        extent allowed by law, in the development of regulations,
        standards, program policy, and guidance that will affect
        program implementation by states.  Early and continuing
        state participation is important in order to identify
        potential impacts on states, and to provide an operational
        perspective which can make the regulations much more
        effective and enforceable.

     0  Program offices should increase their ability to define
        measures of program progress and success in terms of
        environmental results, as well as in terms of programmatic
        results required by statutes or regulations, such
        as consistency, equivalence and adequacy of enforcement.
        This  will enable oversight of states by the regions to
        focus more on program goals for environmental results and
        less  on procedural details, thus allowing the regions
        greater flexibility to tailor national programs to fit
        individual state conditions and priorities.  The states
        should be included in the development of measures of
        program success, in order to increase the effectiveness
        of these measures.  Wherever possible, the Agency's
        Strategic Planning and Management System should focus on
        key environmental measures useful to EPA and the states
        for improving the effectiveness of the work.  An example
        might be the reduction of emissions by a certain but
        verifiable number of tons per year, in addition to the
        more  usual program performance measures such as numbers
        of enforcement orders issued.

     0  Program and regional offices must define, and specify in
        delegation agreements or other inter-agency agreements
        with  states, which program areas or issues are to be
        routinely within the province of state decision-making
        in carrying out federal statutory requirements, and which
        are to be routinely shared in a specific manner with EPA.
        This  will establish clear operating rules, will ensure
        efficiency at all levels, and will prevent unnecessary
        intrusion in state autonomy.  Annual negotiated agreements
        between the states and EPA, such as grant agreements and

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        state-EPA agreements (SEAs), should establish agreed-on
        priorities,  measures of program success,  and formal
        commitments  from each respective party.


3.   Provide constructive evaluations of delegated state programs,
    focused on problem-solving.

     0  Evaluations  should generally focus on overall program
        performance  and identifying patterns of problems,  rather
        than focusing on individual regulatory decisions by
        states.   Individual actions will be reviewed selectively
        on an after-the-fact basis as part of an overall program
        audit or evaluation, in order to identify patterns of
        problems.  EPA should generally avoid second-guessing
        state actions as they are being made.  However, there
        may be some  cases where EPA participation in an individual
        state program decision is appropriate because the  decision
        is determined to have unusually large environmental
        impacts  or national significance,  or because EPA is
        required to  participate by law; that category of issues
        or decisions should be carefully defined in advance.

     0  Evaluations  should be based as much as possible on objec-
        tive measures and standards that are agreed to in  advance
        with the states.  Evaluation measures should reflect  the
        fundamental  elements of national programs, delegation agree-
        ments, and the commitments in annual negotiated agreements
        with states, such as grant agreements and state-EPA agree-
        ments (SEAs). Evaluation feedback  to states should focus
        on means of  program improvement.  However, proposed
        solutions to identified problems need to match the nature
        and extent of the problems, and should reflect individual
        state conditions and circumstances.

     0  Evaluations  should be frequent enough to find problems
        early, and thus be able to stimulate change while  the
        problems are still minor.  Regularly scheduled evalua-
        tions should occur at least once a year,  and should occur
        face-to-face in state offices, with written results.
        They should  involve senior EPA and state managers,
        and should contain no surprises for the states regarding
        content  or expectations.

     0  EPA should use experienced, skilled senior staff as much
        as possible  to conduct evaluations of state programs.
        Evaluators with technical expertise, program experience,
        and operational field experience will be most effective
        in motivating improvement or maintenance of quality
        performance  in state programs, since experienced EPA
        staff can provide more immediate and effective on-site
        consultation or targeted follow-up assistance.  Programs
        and regions  should recognize the importance of field
        experience in their short and long-term resource plans.

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4.   Ensure timely identification of state program needs and
    state environmental problems and conditions.

     0  Identification of state needs and problems should be
        accomplished through a combination of methods,  including
        joint planning, annual priority-setting in negotiated
        agreements, periodic evaluations, routine reporting
        systems,  and frequent communication.

     0  Frequent  communication with state staffs facilitates
        early identification of problems, needs, and concerns
        of state  agencies; allows timely response and follow-
        up by EPA to such problems and needs; and reinforces
        program goals and objectives.  Emphasis should  be placed
        on informal and face-to-face communication with state
        staffs as well as formal and written communication.  Fre-
        quent communication is important even when state programs
        are doing well, since local situations can change rapidly.

     0  Timely and reliable reporting by states on the  activities
        of state  programs and the status of state environmental
        conditions is essential in order to keep EPA well informed
        on the progress of national programs and the status of
        national  and regional environmental quality.  Reporting
        systems should focus on key activities or indicators that
        make the  biggest difference in the success of state programs
        and the quality of the environment.  Such information
        should be useful to both EPA and the state agencies for
        improving the work.  EPA should use program activity
        information and environmental monitoring data to report
        to Congress, plan future strategies or changes  in the work
        to be performed, and identify current operational problems
        that need program-wide attention.

        Reporting requirements should be worked out in  concert
        with the  states, since the resulting information should
        be of significant use to the states in managing their
        programs, as well as to EPA in monitoring the progress
        and success of national programs.  Requirements should be
        as consistent and predictable as possible, since radical
        changes in reporting requirements and new mid-year demands.
        for data  are difficult for the states to accommodate.  Any
        special reporting requirements should be proposed as part
        of the annual program planning process in order to minimize
        mid-year  demands for information.

     0  EPA should provide an opportunity for periodic  state
        evaluations of EPA's performance in providing assistance
        and meeting commitments.  This will provide EPA with
        valuable  additional feedback on state needs and concerns
        and on areas for improvement in national programs.
        Such evaluations by states can coincide with regular
        evaluations of states by regional offices, and  should
        be circulated to program offices as well.

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5.   Utilize a range of responses to state program performance
    and state needs,  focused on preventing large mistakes
    and solving identified needs.

    0  EPA has some strong sanctions if a state does not operate
       an adequate program, such as taking back delegated
       responsibilities or reducing or cancelling grant funds.
       But a more constructive approach is to prevent problems
       from occurring in state programs, by developing program
       guidance that  is more timely and useful to states,
       establishing joint EPA/state program planning, and
       enhancing state technical and management capabilities.

    0  EPA must respond quickly and appropriately to identified
       state needs and problems.  Program and regional offices
       must, in conjunction with states, develop a range of
       possible responses, from tools and assistance to direct
       action, and must clearly define when and how such responses
       will be used.   EPA's possible range of responses includes
       technical, management or legal consultation, training,
       initiation of  a special study, increased or decreased
       grant amounts, targeted program evaluation or audit, more
       frequent evaluations or audits, formal or informal
       communication, revision of  program guidelines or manuals,
       laboratory testing, field environmental monitoring, direct
       technical assistance, and direct enforcement action,
       among others.

    0  Possible tools provided by  EPA include detailed, up-front
       guidance where needed on how program work should be
       performed.  Each program must simplify and standardize its
       regulatory work as much as  possible in order to maximize
       efficiency and consistency, while still providing room for
       appropriate flexibility in  state implementation.  This can
       be accomplished through development of standard operating
       procedures or  other kinds of "how-to" manuals, developed
       with extensive state participation.  The work can then
       be delegated to states more easily, and areas of responsi-
       bility defined for state agencies.

    0  If EPA believes that a state program has been ineffective,
       the Agency must consult with the state before taking
       action, to give the state a chance to explain and/or
       correct the problem.  All available solutions to state
       problems short of taking back the program will be tried
       first.

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        Ultimately EPA is prepared to take back a delegated
        program in case of clearly unacceptable performance by a
        state, which shows lack of good faith or capacity on the
        part of the state to correct the problems.  Taking back
        delegated responsibilities must, however, occur in a
        consistent and predictable manner, under pre-defined
        conditions and circumstances and in accordance with
        federal law.

        EPA should also encourage quality state programs and
        innovative solutions to pollution problems by rewarding
        success whenever possible.  EPA should develop and use
        a variety of responses to excellent state performance,
        such as publicizing state progress and accomplishments;
        conducting less frequent evaluations or audits (but not
        less than some minimum level); or providing technical
        or financial assistance to quality state programs for
        innovative projects that address state problems and help
        achieve national goals.  Program and regional offices
        should develop and carry out an organized program to
        identify and transfer good ideas from one state to another.
        This is an important form of assistance which also gives
        national recognition to innovative solutions and successful
        state programs.
     I expect this oversight policy to be carried out by all EPA
headquarters and regional personnel.  It will demonstrate our
desire to work with and assist states in a positive manner to
successfully implement delegated programs, while at the same time
retaining our commitment to maintain high national environmental
standards through appropriate sanctions and independent action, as
necessary.  The success of our efforts to protect the environment
will depend, to a great extent, on the success of delegated state
programs.  You will have my full support in your efforts to carry
out the oversight policies in this statement.
                          William D. Ruckelshaus      Date
                               Administrator

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