xe/EPA
190B13006
United States
Environmental Protection
Agency
Cross-Cutting Fundamental Strategy
FY 2013 Action Plan Annual Progress Report
Strategy 4: Strengthening State, Tribal, and International Partnerships
Deliver on our commitment to a clean and healthy environment through consultation and shared accountability
with states, tribes, and the global community for addressing the highest priority problems.
Executive Summary
Throughout FY 2013, EPA strengthened its state, tribal, and international partnerships to achieve mutual environmental
and human health goals. As we work together, the relationships must continue to be based on integrity, trust, and
shared accountability to make the most effective use of our respective bodies of knowledge and existing authorities,
resources, and talents. This year's accomplishments highlight four principles of successful partnerships: consultation,
collaboration, cooperation, and accountability.
Accomplishments
State/Local
^ EPA's Region 4 took final action on 47 State Implementation Plan (SIP) revisions in the backlog, exceeding the target
by 62 percent which included working with the states to resolve difficult policy issues in order to meet court-ordered
deadlines for 17 of the SIPs.
S EPA's Region 7 and the Iowa Department of Natural Resources signed a five-year plan with steps to correct
deficiencies in National Pollutant Discharge Elimination System permitting and enforcement for Concentrated
Animal Feeding Operations.
S EPA's Region 8 completed an effort to improve the FY 2014 Performance Partnership Agreement (PPA) process. Past
processes were evaluated based on discussions within the region and with each state in Region 8. Steps to improve
the process were discussed with each state during Region 8's mid-year meeting. Changes were made to use
MAX.gov to better share information and track progress for each PPA. As a result of these efforts, Region 8's PPAs
were signed by the Regional Administrator earlier than planned or on time.
^ In response to Hurricane Sandy, EPA's Region 2 assisted the New Jersey and New York joint field offices in
developing and carrying out the recovery support strategy adopted under the National Disaster Recovery
Framework. EPA project managers assessed storm impacts at all hazardous waste sites in the affected areas. EPA
staff worked with state personnel on ambient air monitoring for burning vegetative debris, developed guidance on
the handling of abandoned boats and vehicles, advised on rebuilding using ENERGY STAR and WaterSense products,
coordinated issuance of fuel waivers and other necessary documentation to minimize disruption to fuel supplies in
these states, and worked with the states to determine project eligibility and other criteria for nearly $600 million in
supplemental State Revolving Fund assistance to New York and New Jersey.
S EPA's Region 3 planned, facilitated, and participated in 14 drills and exercises with state and local responders,
supported Local Emergency Planning Committees (LEPCs), and attended more than 120 LEPC meetings throughout
the region. In addition, the region provided EPA-led training programs on topics such as Hazardous Waste
Operations and Emergency Response (HAZWOPER), pool chemicals, spills, and emergency medical services, as well
as a wide variety of hazardous materials training courses for state and local emergency first responders.
FY 2013 Annual Progress Report: Strengthening State, Tribal, and International Partnerships
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Tribal
•S In its second year, EPA's Tribal ecoAmbassador program forged a new partnership between EPA's Tribal Program
and the National Museum of the American Indian, featuring tribal college professors and students.
•S Using EPA grant funding, the Yukon River Inter-Tribal Watershed Program Hazardous Waste effort diverted one
million pounds of junk vehicles, batteries, scrap metal, and electronics from their 53 member communities.
S EPA's regions expanded on efforts to provide additional training on tribal consultations. For example, Region 9
delivered two courses to employees on Tribal Consultation and three courses on the Tribal Consultation
Opportunities Tracking System. In addition, Region 9 facilitated many consultations at a government-to-government
level with tribes, participated in reviews of the General Assistance Program (GAP) Guidance and Guidebook, and
facilitated tribal participation in national consultations.
S EPA hosted meetings with state, tribal, and international partners to discuss regulatory and risk management
activities and risk assessments for Toxics Substance Control Act Work Plan chemicals.
International
S In November 2013, the United States signed the Minamata Convention on Mercury, a new multilateral
environmental agreement that addresses specific human activities which are contributing to widespread mercury
pollution. EPA worked closely with the State Department and other federal agencies in the negotiation of this
agreement. Implementation of this agreement will help reduce global mercury pollution over the coming decades.
S EPA and CONAGUA, its counterpart water agency in Mexico, coordinated the development of the first Border 2020
Water Goal biennial plan. The plan captures over 70 initiatives along the U.S.-Mexico border to be implemented
during the 2013 to 2015 timeframe by EPA, CONAGUA, the International Boundary Water Commission, CILA
(Comision Internacional de Limites y Aguas), and states, tribes, local governments, non-governmental organizations,
and academia. These initiatives address bi-national water issues, such as water infrastructure needs and
sustainability, water quality data availability, and watershed approaches to water contamination and conservation.
EPA- sponsored activities include conducting water and energy audits in selected U.S.-Mexico Border Water
Infrastructure Program projects to improve energy efficiency and promote efficient water use at border drinking
water and wastewater facilities.
Challenges
S Alaska's 229 federally recognized tribes face many environmental challenges in their efforts to safely manage solid
and hazardous wastes in their communities. Despite this, they have developed programs to remove thousands
of pounds of hazardous materials from their communities to reduce human exposures to these toxins.
S As tribes and EPA begin implementing the revised GAP guidance, we will develop and implement EPA Tribal
Environmental Plans (ETEPs) with all tribes to identify long-term goals, roles, and regulated universe. EPA will
undertake efforts to address issues of national significance on specific topics involving multiple agencies such as
climate change impacts and adaptation, treaty rights, fish consumption rates, water quality standards, and resource
extraction.
FY 2013 Annual Progress Report: Strengthening State, Tribal, and International Partnerships
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FY 2013 Performance Summary
Strategy 4: Strengthening State, Tribal, and International Partnerships
FY 2013 Action Plan Activity
Status/Explanation
S = Activity Complete
1. Continue Agency consultations with state (and local)
elected officials on EPA rulemakings and policies
(Supports Principles 1 and 4).
Conduct rule-specific consultations with the ten
major state and local government associations for all
regulatory actions with federalism implications (i.e.,
impose substantial compliance costs on government
entities or preempt state or local law), as defined in
"EPA's Action Development Process: Guidance on
Executive Order (E.O.) 13132 (Federalism)." The
Agency may also conduct outreach with partner
organizations on regulations without federalism
implications and other guidance and policy
documents of interest.
EPA conducted formal federalism consultations for the
Uniform National Discharge Standards (UNDS)for Military
Vessels and the New Source Performance Standards and
Emissions Guidelines for Municipal Solid Waste Landfills.
The UNDS action was the first federalism consultation
triggered by the preemptive effects of a rule on future
state/local rulemaking rather than by intergovernmental
costs.
EPA conducted outreach with intergovernmental partners
on high-profile actions and initiatives such as storm
water, the Waters of the United States rulemaking, and
the President's Climate Action Plan.
EPA also consulted with the Agency's Local Government
Advisory Committee on key issues such as local
government implications of climate change in the
contexts of sustainability and resiliency; environmental
justice in communities served by small wastewater
facilities; near-roadway monitoring of NO2; and
brownfields. In addition, EPA's Office of Policy and Office
of Congressional and Intergovernmental Relations
collaborated with the Agency's Regulatory Steering
Committee to begin developing a tool to capture other
types of intergovernmental outreach that occur
throughout the Agency.
Establish and implement a joint charter with the
Environmental Council of the States (ECOS) to ensure
strong EPA-state collaborations for Civil Rights Act
Title VI grant management programs by September
30, 2013.
EPA and ECOS finalized the joint charter to guide their
collaborations for Civil Rights Act Title VI grant
management and programs in October 2012. This
charter outlines how EPA and ECOS would work together
to build a model Civil Rights program and ensure that
state applicants for and recipients of EPA federal financial
assistance comply with Title VI of the Civil Rights Act (Title
VI), while recognizing limited state and federal resources.
During FY 2013, EPA and ECOS held conference calls to
discuss the Agency's goals for Title VI grants management
and current state practices, policies, and initiatives that
demonstrate compliance with Title VI.
FY 2013 Annual Progress Report: Strengthening State, Tribal, and International Partnerships
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FY 2013 Performance Summary
Strategy 4: Strengthening State, Tribal, and International Partnerships
FY 2013 Action Plan Activity
Status/Explanation
S = Activity Complete
2. Use the National Environmental Performance
Partnership System (NEPPS) as a platform to improve
EPA's working relationship with the states (Supports
Principles 1, 2, and 3).
• By September 2013, each Region will develop work-
sharing implementation targets for FY 2014 and
beyond, consistent with the final EPA-State Work
sharing Task Force recommendations accepted by the
Executive Management Council regarding best
practices, EPA-provided training, and other ways to
share EPA's technical expertise.
EPA provided the regions with flexible guidance for
developing the targets, which was transmitted through
the FY 2014 NEPPS National Program Guidance. Nine
regions developed work-sharing targets and related goals
for FY 2014.
Through an agency-wide workgroup consisting of
National Program Managers, Regions, and
headquarters support offices; plan and implement an
agency-wide effort to collect available information to
define, describe, and assess EPA's processes,
practices, and tools for overseeing state delegations
and authorizations. By September 2013, the
workgroup will report its findings to the Deputy
Administrator and propose options for next steps, as
needed, to ensure the Agency is executing its
oversight responsibilities in a coordinated,
transparent, and accountable manner.
The workgroup, co-chaired by the Office of Water and
Office of Air and Radiation, gathered and synthesized
National Pollution Discharge Elimination System, Clean
Air Act, Title V, and Resource Conservation and Recovery
Act Subtitle C program data and considered emerging
areas of state oversight concern, such as financial and
human resource constraints caused by declining or flat
state environmental budgets. The Agency developed two
products: (1) a framework outlining the essential
elements of EPA oversight of state programs and (2) a
draft oversight statement of principles. The workgroup
briefed the EPA Deputy Administrator and is scoping next
steps based on feedback received.
In partnership with the states, EPA will improve and
enhance NEPPS to further our shared governance
framework, promote greater EPA-state consensus on
priorities, and achieve effective, complementary
environmental management and program
accountability.
EPA completed a review of the NEPPS program and
hosted a webinar for states to communicate the findings
and recommendations. EPA and the states also
commenced a dialogue on how to work together on areas
of mutual interest to make NEPPS more useful and
effective for both states and EPA. This dialog focused on
efforts to ensure that the process, timing, and content of
National Program Manager Guidance and programmatic
grant guidance fully align and support NEPPS
implementation.
3. Improve the effectiveness and efficiency of state-federal
interactions and facilitate the exchange of data with
states (Supports Principles 1, 2, and 3).
• Continuing to build on the Business Process
Improvement (BPI) tools and training identified with
ECOS and other state partners, EPA will develop a BPI
Tools and Methods Guide by September 30, 2013.
EPA published the Lean Government Methods Guide in
May 2013.
FY 2013 Annual Progress Report: Strengthening State, Tribal, and International Partnerships
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FY 2013 Performance Summary
Strategy 4: Strengthening State, Tribal, and International Partnerships
FY 2013 Action Plan Activity
Status/Explanation
S = Activity Complete
• The Office of Enforcement and Compliance Assurance
(OECA) will continue to expand its interactive web
applications (i.e., National Comparative Maps and
State Dashboards) by developing prototypes for the
Safe Drinking Water Act (SDWA) and the Federal
Insecticide, Fungicide, and Rodenticide Act (FIFRA) by
September 30, 2013.
The Office of Enforcement and Compliance Assurance
completed prototype National Comparative Maps and
State Performance Dashboards for SDWA and FIFRA in
September 2013 and will deploy these in FY 2014.
4. Coordinate with tribal partners to finalize and
implement the revised General Assistance Program
(GAP) Guidance (which includes the new GAP
Guidebook) to help build capacity for environmental
programs (Supports Principles 1 and 2).
• By February 2013, complete the second round of
Tribal Consultation on the Guidebook.
By May 2013, issue final GAP Guidance and GAP
Guidebook.
On May 15, 2013, EPA issued new guidance for the Indian
Environmental GAP, which includes the revised
Guidebook, "Guidance on the Award and Management of
General Assistance Agreements for Tribes and Intertribal
Consortia." The GAP Guidance establishes a framework
for joint strategic planning, identification of mutual
responsibilities, and targeting resources to build tribal
environmental program capacities.
Improve the coordination and implementation of the
Agency's consultation activities under the "Policy on
Consultation and Coordination with Indian Tribes"
through enhanced communication tools, training, and
outreach (Supports Principles 2 and 3).
By December 2012, develop and implement quarterly
office- and Region-specific status reports from the
Tribal Consultation Opportunities Tracking System
(TCOTS) to Indian Program Policy Council (IPPC)
members.
EPA issued new reports monthly to Tribal Consultation
Advisors in each regional and headquarters office
beginning in December 2012. Starting in June 2013, IPPC
members received reports that provided summary
feedback regarding tribal consultations occurring within
their program/office and across the Agency.
By September 2013, Tribal Consultation Advisors
(TCAs)will host a minimum of two internal trainings
for EPA staff in their office or Region on
implementing the Policy.
Nearly 100% of EPA's TCAs held internal trainings for
their EPA staff.
6. Enhance collaboration and expand access to tribal
information (Supports Principle 1).
FY 2013 Annual Progress Report: Strengthening State, Tribal, and International Partnerships
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FY 2013 Performance Summary
Strategy 4: Strengthening State, Tribal, and International Partnerships
FY 2013 Action Plan Activity
Status/Explanation
S = Activity Complete
• Develop and implement a tribal boundary layer web
service through EPA's GeoPlatform to support tribal
and EPA environmental decision making by
September 2013.
The EPA Tribal Areas layer in the GeoPlatform and
corresponding web service are currently available for use
within EPA.
Develop and implement a tribal query in EnviroFacts
to allow tribes, EPA programs and Regions, states,
and other partners to access environmental data by
tribe; similar to existing queries that allow access by
city, state, and zip code, by September 2013.
The tribal query is currently available for internal and
public use in the multi-system report section of
EnviroFacts.
7. Develop an EPA-wide plan for engaging the United
Nations Environment Programme Global Mercury
Partnership and other programs to provide technical
assistance ("enabling activities") to countries as they
improve their capacities to ratify the new mercury
convention, the Minamata Convention. Assuming
successful negotiation, the EPA package would become
part of a U.S. government package to be announced at
the convention's diplomatic conference in October 2013
(Supports Principles 1 and 2).
Hold an EPA-wide meeting to discuss enabling
activities plan by March 2013 and finalize an EPA-
wide enabling activities plan by September 2013.
The Office of International and Tribal Affairs convened an
EPA-wide meeting in mid-March 2013 paving the
groundwork for the EPA delegation to successfully
contribute to the Mercury negotiations.
Because approximately 70% of mercury comes from
international sources, we cannot protect Americans
through domestic environmental actions alone. We
reached an agreement for the Minamata Convention in
February 2013 and recently completed the analysis
allowing the U.S. to sign the convention on November 6,'
2013.
FY 2013 Annual Progress Report: Strengthening State, Tribal, and International Partnerships
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