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National Advisory Council for Environmental Policy and Technology
(NACEPT) Meeting (via Teleconference)

Monday, November 3, 2014
12:00 p.m. - 2:00 p.m. EST

William Jefferson Clinton Federal Building East, Room 1132
1201 Constitution Avenue, NW
Washington, D.C.

Meeting Summary (Final)

Welcome, Introductions and Overview of the Agenda

Eugene Green, Designated Federal Officer (DFO) for the National Advisory Council for Environmental
Policy and Technology (NACEPT), U.S. Environmental Protection Agency (EPA):

Denise Benjamin-Sirmons, Director, Office of Diversity, Advisory Committee Management and Outreach
(ODACMO), EPA;

Toni Rousey, Acting Staff Office Director for Committee Management, ODACMO, EPA; and
William Ross, Jr., NACEPT Chair, Visiting Professor,Nicholas School of the Environment,

Duke University

Mr. Eugene Green (NACEPT DFO) welcomed the Council members participating via teleconference and
thanked them for their attendance. He noted that the meeting would serve an informational purpose for
veteran members, as well as new members who were recently appointed to the Council. Meeting
discussions would address the impact of the NACEPT" s comments on the Fiscal Year (FY) 2014-2018
Draft EPA Strategic Plan, and how the published Strategic Plan is designed to advance the Agency's
priorities. The meeting also provided an opportunity for the Council to receive an update on EPA's
sustainability efforts. Mr. Green explained that another purpose of the meeting was to engage the Council
members in a dialogue about the NACEPT"s future efforts. Information about Advisory committee
functions and committee management operations would be reviewed for the benefit of returning and new
members alike. Mr. Mark Joyce (ODACMO, EPA) called the roll, and Mr. Green noted the public
attendees for the record.

Given that the Council members were participating by teleconference, Mr. Green urged the participants to
mute their lines when not speaking to reduce background noise that might interfere with the call. He
asked the participants to identify themselves when speaking to ensure accurate attribution in the meeting
minutes that will be produced.

Ms. Denise Benjamin-Sirmons (Director, ODACMO, EPA) expressed appreciation to the Council
members and presenters for participating in the teleconference and extended a special welcome to the new
members to their first NACEPT meeting. She emphasized the vital role that the NACEPT serves in
providing advice to the Agency as new policies are developed and implemented. Council members also
serve an indispensable purpose in reviewing and evaluating the work of existing programs. She stated that
she was looking forward to engaging with the Council members in their great work in the coming year.

Ms. Benjamin-Sirmons explained that several Agency functions are consolidated in ODACMO, which
focuses on diversity, inclusion, outreach and committee management. The advisory committee branch is

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organized into two teams. One is focused on oversight and policy direction to EPA's 21 Federal Advisory
Committee Act (FACA) committees. The second team provides management support to 4 of the 21
advisory committees, including the NACEPT. Ms. Benjamin-Sirmons expressed great pleasure in
introducing Mr. Green as the new DFO for the NACEPT. She noted that Mr. Green has provided
excellent support to ODACMO for many years, and he is committed to the Council's success. He will
provide exceptional assistance in the NACEPT's operations. Ms. Benjamin-Sirmons informed Council
members that Ms. Cynthia Jones-Jackson had retired from EPA, adding that Ms. Toni Rousey
(ODACMO, EPA) serves as the Acting Staff Office Director for Committee Management, and Mr. Joyce
serves as the Associate Director for ODACMO. She expressed appreciation to returning NACEPT Chair
Mr. William Ross, Jr. (Nicholas School of the Environment, Duke University) for his leadership.

Ms. Benjamin-Sirmons explained that the agenda items for the meeting comprise a review of activities
from the previous year, as well as a look ahead to future NACEPT efforts in support of the Agency.
Ms. Rousey also extended a warm welcome to the new and returning NACEPT members, and relayed her
anticipation for the excitement that they will bring to the Council. Mr. Green thanked Ms. Benjamin-
Sirmons and Ms. Rousey for their comments and invited Mr. Ross to provide his opening remarks.

Mr. Ross welcomed the new and returning Council members, congratulated Mr. Green on his designation
as the NACEPT DFO, and expressed appreciation to Ms. Benjamin-Sirmons and Ms. Rousey for their
remarks. Mr. Ross noted with delight that Ms. Erica Bannerman (Prince George's County Maryland), a
former NACEPT member, has returned to serve on the Council again. He welcomed new members
Ms. Laureen M. Boles (Philadelphia Office of Water), Dr. Carrie Castille (Louisiana Department of
Agriculture and Forestry), Mr. Matthew C. Howard (City of Milwaukee), Mr. Jeffrey M. Mears (Oneida
Tribe of Indians of Wisconsin), Dr. Dale G. Medearis (Northern Virginia Regional Commission), and
Ms. Kathryn L. Schaberg (Georgetown Tribal Council) and thanked them for their contributions of
expertise to the Council. Mr. Ross introduced NACEPT Vice-Chair Mr. Howard Learner (Environmental
Law and Policy Center) and expressed appreciation for his leadership.

Mr. Ross referred to the published FY 2014-2018 EPA Strategic Plan, which he noted reflects much of
the input provided through two advice letters developed by the NACEPT and transmitted to the EPA
Administrator. He remarked that it is gratifying that the NACEPT is having an impact. Mr. Ross
encouraged all Council members to read the Strategic Plan in its final form to appreciate how
sustainability is woven into the fabric of the plan.

Advancing the Agency's Priorities and Mission Outcomes Through the FY2014-2018 EPA
Strategic Plan and Overview of NACEPT's Comments on the Draft

Rita Smith, Deputy Office Director, Office of Planning, Analysis and Accountability (OPAA), Office of the
Chief Financial Officer (OCFO), EPA; and Vivian Daub, Planning Staff Director,

OPAA, OCFO, EPA

Ms. Rita Smith (OPAA, EPA) sent regards on behalf of OPAA Director Kathy O'Brien, who was unable
to attend the meeting. Ms. Smith thanked the Council for inviting her and Ms. Vivian Daub (OPAA,
EPA) to speak about EPA's performance management framework and to discuss the NACEPT's
comments on the Draft Strategic Plan, which were discussed and approved at the December 2013
meeting. She commented that the Agency always finds the Council's input to be valuable in developing
the strategic plans, which EPA has been publishing periodically since 1997.

Ms. Smith explained that the Government Performance and Results Modernization Act of 2010 reinforced
the need for accountability for government agency activities. EPA's strategic plans describe the Agency's
long-term direction and results, as well as strategies and approaches to achieve them. Ms. Smith noted
that the FY 2011-2015 plan reflected the strong investment from senior Agency leadership. The explicit
goal was to create a "meaningful document that is used to manage," not a publication that would sit
unused on bookshelves. A lot of time was spent crafting appropriate messages, goals and strategies. As a

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result of the careful planning in the previous iteration, the FY 2014-2018 EPA Strategic Plan did not
change dramatically. Some topic areas, such as sustainability, were updated, but the primary message was
to sustain the direction.

Ms. Smith presented EPA Administrator Gina McCarthy's themes used to frame the FY 2014-2018 EPA
Strategic Plan: (1) Making a Visible Difference in Communities Across the Country; (2) Addressing
Climate Change and Improving Air Quality; (3) Taking Action on Toxics and Chemical Safety;
(4) Protecting Water: A Precious, Limited Resource; (5) Launching a New Era of State, Tribal and Local
Partnerships; (6) Embracing EPA as a High-Performing Organization; and (7) Working Toward a
Sustainable Future. Ms. Smith noted that the Strategic Plan is comprised of five Strategic Goals that
describe Agency activities (Climate Change and Air Quality; Water; Cleaning Up Communities;

Chemical Safety and Pollution Prevention; and Enforcement and Compliance) and four Cross-Agency
Strategies that describe how the goals are accomplished (Sustainability; Communities; Partnerships; and
High-Performing Organization). One important objective is to work holistically across the Agency to
reduce stovepiping.

Ms. Smith commented that Sustainability was integrated as a Cross-Agency Strategy as a result of the
NACEPT's comments. The Agency also appreciated the Council's call for annual action plans. Although
the Strategic Plan is a short, aspirational document, annual action plans are available on EPA's website
(http://www2.epa.gov/planandbudget/fV-2014-cross-agencv-strategies-action-plans). The FY 2015 action
plans are nearing completion and will be posted soon.

The Strategic Plan defines a high-level, 4-year framework that depicts the direction and priorities of the
Agency. Annual planning and budgeting activities then outline resource and effort decisions that are
guided by the Strategic Plan. Operations and execution processes decompose the plan further to
determine how EPA Program and Regional Offices will collectively meet the goal. The final step to
operationalizing the Strategic Plan relates to results measurement, reporting and evaluation. To hold EPA
accountable, a performance report will be published every year to convey Agency accomplishments to
Congress and the public. New for FY 2014 is a strategic review, which evaluates the Strategic Plan
objectives in relation to performance and budget measures to determine areas of adequate progress and
where more attention is needed. FY 2014 will serve as the baseline. Ms. Smith noted that the Strategic
Plan is intended to be a living document; adjustments can be made as conditions warrant.

Ms. Smith called for any questions. Ms. Bridgett Luther (Cradle to Cradle Products Innovation Institute)
requested an overview of EPA's budget given the government-wide spending limitations. Ms. Smith
noted that the Agency is working to complete FY 2014 reporting, EPA's FY 2015 operating plan has
been submitted to the Office of Management and Budget (OMB), and the FY 2016 budget is being
developed. She acknowledged that the FY 2015 and 2016 budgets are reduced in terms of full-time
equivalent (FTE) and financial resources based on targets supplied by OMB. The Agency has engaged in
discussion about how to use the limited resources to best accomplish EPA's objectives. Additional
conversations and adjustments to the budget may be needed following a verdict from the Committee on
Appropriations. Ms. Smith noted that EPA is operating under a Continuing Resolution until December 11,
2014.

Mr. Learner asked about selection of the Agency's priorities given the perennial budget uncertainties.
Ms. Smith replied that EPA's senior leadership participated in a planning meeting in May 2014 to discuss
how the Agency can best continue to advance the Administrator's key themes. State, tribal and local
government representatives also were invited to the meeting to give advice on their priority needs and
opportunities. Several additional meetings engendered a collective discussion to ascertain how Agency
staff can work smarter to accomplish tasks more efficiently. Mr. Learner acknowledged the budgetary
challenges facing the Agency.

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Ms. Daub, who led the Agency effort to develop the FY 2014-2018 EPA Strategic Plan, discussed the
NACEPT's comments on the Draft Strategic Plan, and how those remarks were addressed in the final
version. She stated that the Council's comments clustered into three areas: sustainability, cross-Agency
strategy implementation and cross-program collaboration, and enforcement. Ms. Daub expressed
appreciation for the NACEPT's strong endorsement of sustainability, and noted that sustainability was
incorporated throughout the Strategic Plan as a key operating theme. To address the NACEPT's advice to
increase visibility of the theme, an Administrator's Message was added to the beginning of the document
to set the tone of sustainability. The message addresses how sustainable approaches are instrumental in
solving myriad challenges. Additionally, the introduction lays the foundation for the sustainability theme
by addressing the use of sustainable actions that deliver significant environmental and health benefits;
incorporating sustainability principles into regulatory, enforcement, incentive-based and partnership
programs; and focusing on building resiliency to extreme storms or droughts to help adapt to a changing
climate.

Regarding the NACEPT's suggestion to revise EPA's mission statement, Ms. Daub expressed
appreciation for the suggestion but asserted that now was not the time to make that change. Greater
visibility to sustainability was, however, also included in several goal chapters. For example, Goal 3
contains an entire objective dedicated to promoting sustainable and livable communities, addressing how
local planning and zoning codes can account for the environmental impacts of development and support
smart growth. This objective also discusses engaging with citizens and informing local decision making
to support sustainable growth. A joint effort between three agencies—EPA, Department of Housing and
Urban Development (HUD) and Department of Transportation (DOT)—is cited as an example of aligning
federal resources to improve environmental outcomes for development through technical assistance,
grants and training. These three agencies are using a common set of tools to coordinate their efforts and
investments to protect the environment, promote equitable development and help address the challenges
of a changing climate. Goal 2 addresses sustainable infrastructure and planning related to protecting
America's waters. The goal describes how EPA can work with partners to protect infrastructure, conserve
water, adopt green infrastructure, and improve the resiliency of infrastructural and natural systems. Other
examples are distributed throughout the chapters. Greater prominence of sustainability also was achieved
by the inclusion of a dedicated Strategy entitled, "Working Toward a Sustainable Future," and presence
of sustainable principles in the other three Strategies. The Communities Strategy speaks to expanding the
support of community efforts to build healthy, sustainable, green neighborhoods through a variety of
mechanisms. The Partnerships Strategy addresses the expansion of collaborative efforts to increase
international commitments to sustainability goals. The High-Performing Organization Strategy includes
meeting or exceeding federal sustainability targets through enhanced sustainable workforce principles,
while sharing lessons learned with other agencies.

With regard to the second category of feedback on how EPA intends to conduct cross-Agency strategies
and ensure cross-program collaboration, Ms. Daub explained that the design of the Strategic Plan as a
high-level, aspiration document also provides flexibility to adapt to a changing environment. Although
the Council called for a separate goal addressing the development of action plans, Ms. Daub asserted that
annual action plan development is a routine activity and not required as a separate goal. The new
governing structure, including facilitation teams dedicated to each Cross-Agency Strategy, will encourage
cross-media activity within the Agency. The facilitation teams are led by the Deputy Administrator and
comprised of senior career leaders in Headquarters and Regional Offices. The cross-Agency nature of the
facilitation teams will provide an opportunity to evaluate the Strategies, identify the most significant
actions, assess progress, and raise issues to senior leadership.

Ms. Daub addressed the NACEPT's third category of comments regarding apparent inconsistencies in
statements and commitments related to enforcement. EPA received many comments on this area,
including an email campaign of 25,000 individuals. To relay EPA's commitment to maintain a strong
enforcement presence, sections were revised considerably to address concerns. Ms. Daub read the new
language incorporated in the revised Strategic Plan: "EPA is focusing federal enforcement resources on

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the most important environmental problems where noncompliance is a significant contributing factor and
where federal enforcement attention can have a significant impact. This strategy means EPA's top
enforcement priority will be pursuing large, complex cases that require significant investment and a long-
term commitment. We anticipate that this strategy will result in a higher level of public health protection
because of the significant impacts associated with the large cases and the precedent they set for
performance of large facilities across the country. In this way, we can address the most serious pollution
problems, direct EPA's limited resources to important cases on which EPA is best suited to take action,
and still maintain the program's effectiveness."

Ms. Daub reiterated her appreciation for the care and attention the NACEPT members used to craft their
advice, which she hoped was adequately represented in the final plan. She emphasized that the Agency
benefitted greatly from the Council's thoughtful input. Ms. Daub solicited questions or comments.

Mr. Kurt Erichsen (Toledo Metropolitan Area Council of Governments) referred to the NACEPT's
suggestion regarding the recognition of harmful algal blooms as an emerging issue within the Strategic
Plan, which speaks to the importance of water as a limited resource. In August 2014, the Toledo water
system was shut down for 2 days because of toxic algae. He noted that every coastal area is affected and
reiterated his call for EPA to prioritize the establishment of a science-based standard for algae toxins in
the water supply. Ms. Daub acknowledged his comment and noted that the harmful effect of algal blooms
was mentioned in the Strategic Plan in relation to protecting human health. She relayed the tension
between including detail about priority issues and creating a readable, high-level document. Ms. Daub
acknowledged the importance of the Toledo calamity and the need to address the issue of algal blooms.

Dr. Medearis volunteered to share his ideas and time in support of partnership strategies. Dr. Medearis
suggested that there are policy and technical innovations in other countries that could be applied to benefit
the EPA's domestic programs. These lessons from overseas that can be applied in the US and in support
of EPA's domestic mission include, among other innovations, green infrastructure and smart growth
innovations. When formerly institutionalized, strategically focused and outcome-oriented, international
programs compliment and integrate nicely into EPA's domestic mission and mandates. This can
especially be the case with an applied research program but also works with, other policy, and technology
transfer programs of the Agency's domestic mission to make communities stronger and healthier.

Ms. Nena Shaw (OP, EPA) commented that the NACEPT might be asked to engage in that discussion
soon. Two areas of international overlap include food waste and sustainable products and purchasing.
Mr. Ross agreed that it was an important topic, and a potential focus for a future NACEPT meeting.

Ms. Luther expressed appreciation to the EPA staff for incorporating the NACEPT's comments into the
revised Strategic Plan. Mr. Learner acknowledged the Agency's efforts to address comments related to
enforcement.

Public Comments

Eugene Green, NACEPTDFO, ODACMO, EPA

Mr. Green called for public comments and none were offered.

Update on EPA's Sustainability Efforts

Nena Shaw, Director, Integrated Environmental Strategies Division, Office of Strategic Environmental
Management, OP, EPA; and Derry Allen, Office of Environmental Policy Innovation, OP, EPA

Ms. Nena Shaw leads the Cross-Agency Strategy on Sustainability. She acknowledged that sustainability
is not a new issue, and the NACEPT has provided much helpful advice on the topic in recent years.
Former EPA Deputy Administrator Mr. Bob Perciasepe had been a strong and passionate advocate for

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sustainability, and current Acting Deputy Administrator Mr. Stan Meiburg is a key leader who will carry
the efforts forward.

Ms. Shaw acknowledged the NACEPT's interest and passion around sustainability. She remarked that
developing the Strategic Plan took longer than anticipated, explaining the delay in engaging with the
Council. Ms. Shaw stated that she was excited to work on a variety of sustainability-related issues. She
commented that the Agency worked hard on foundational steps for sustainability in the FY 2014 Action
Plan. Key elements included EPA "inreach," such as developing a SharePoint site as well as Internet and
Intranet resources. Four focus areas related to sustainability—green infrastructure, sustainable materials
management, sustainable products engineering, and sustainable energy efficiency—were selected to
bound the conversation and ensure concrete accomplishments. For each of these focus areas, a cross-
Agency goal was identified. Remarkable progress was made on the internationally important issues of
sustainable materials management and food waste. The Office of Solid Waste and Emergency Response
(OSWER) has worked for a long time on the Food Recovery Challenge, and an opportunity exists to
engage the rest of the Agency with regard to food waste. For example, the issue of anaerobic digesters
aligns well with the Office of Chemical Safety and Pollution Prevention (OCSPP). Ms. Shaw
acknowledged that setting measurable targets was a challenging effort, but the goals should be finalized
by the end of 2014, presenting an opportunity for an in-depth conversation with the NACEPT in spring
2015.

The other large component of sustainability involves tools, metrics and indicators; Ms. Shaw informed
the Council that Mr. Derry Allen (OP, EPA) was a leader in those efforts. The National Academy of
Sciences (NAS) described such tools in Sustainability and the U.S. EPA (also known as the "Green
Book"). A new report, released in September 2014, describes the most recent decision support tools.
EPA's Office of Research and Development (ORD) and the OP has endeavored to employ decision
making strategically, and increasing awareness of available tools takes the operationalization to the next
step. Ms. Shaw commented that the varied Council members' expertise will be helpful for the Agency's
future work.

Mr. Allen was delighted to speak again with the NACEPT and he expressed his appreciation for the
advice letters. He commented that more details about a future charge for the NACEPT will be discussed
at the next meeting. In response to a question, Mr. Allen clarified that the Sustainability for the Nation:
Resource Connection and Governance Linkages NAS report was released in 2013, and the September
2014 report was entitled Sustainability Concepts and Decision-Making: Tools and Approaches for the
U.S. Environmental Protection Agency. Mr. Green mentioned that he had sent a copy of the report to the
NACEPT members in September, and he offered to distribute the publications again to the Council
members who did not have them.

Overview of NACEPT Moving Forward

Mark Joyce, Associate Director, ODACMO, EPA

Mr. Joyce referred to the previous presentations in emphasizing the value and impact of NACEPT advice
on Agency planning and programs. He expressed his gratitude to the Council members for their time,
effort and commitment to EPA. Mr. Joyce provided an update for future NACEPT activities, noting that
senior agency leadership is being engaged to identify high-priority topics for the NACEPT's
consideration. The intent is to select two to three priority issues in early 2015.

Mr. Joyce informed the new members that NACEPT's broad charter is designed so that the Council can
address any high-priority issues identified by the EPA Administrator. He explained that typically, after
priority issues are identified, discussions between the NACEPT Chair, Vice-Chair and Council members
will refine the topic(s) on which the Council can provide the most valuable advice. These conversations
will occur during the next several months, and the next NACEPT meeting is targeted for March 2015.

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Mr. Joyce stated that he was looking forward to working with the NACEPT members to address the new
topics.

Mr. Joyce solicited questions and comments. In response to a question from Mr. Ross, Mr. Joyce
acknowledged that the topic(s) might relate to sustainability, which is an important priority of the
Administrator that cuts across many EPA program areas. Ms. Luther asked whether the Council might be
asked to address technology. Mr. Joyce replied that previous NACEPT assignments involved evaluating
EPA's role in the development and commercialization of environmental technologies. EPA leadership
will discuss where the Council brings the most benefit to EPA. As an aside, he noted that former EPA
Administrator Ms. Lisa Jackson now leads the sustainability team at Apple. Mr. Ross asked Council
members to send him an email regarding possible topics on which the NACEPT could provide assistance
to EPA.

Mr. Green reiterated that the next NACEPT meeting likely will be planned for February or March 2015,
and it might be a face-to-face meeting.

Overview of NACEPT Subcommittee

Kathleen Hurld, Environmental Protection Specialist/National Lead for CWA 404 Assumption, Office of
Wetlands, Oceans and Watersheds (OWOW), EPA

Mr. Joyce informed the Council that NACEPT subcommittees are formed periodically. During the
Council's 20-year history, dedicated subcommittees have addressed total maximum daily load (TMDL)
levels, commercialization of environmental technologies, and reauthorization of environmental statutes.
EPA asks the NACEPT to form subcommittees, which then are managed by Program Offices.

Ms. Kathleen Hurld (OWOW, EPA) requested that the NACEPT establish a subcommittee to address an
element of the Clean Water Act (CWA), Section 404. Ms. Hurld elaborated that Section 404 established a
program to regulate the discharge of dredged or fill material into waters of the United States, including
wetlands. She explained that EPA is responsible for approving state and tribal requests to assume dredge
and fill material permits. In 48 of the 50 states, the U.S. Army Corps of Engineers (USACE) assumes
permits. The CWA, as written, provides states and tribes with the primary role in managing the Nation's
aquatic resources, including assumption of permitting responsibilities.

Ms. Hurld explained that the Section 404 program is similar to the CWA, Section 402: National Pollutant
Discharge Elimination System (NPDES), which authorizes states and tribes to permit discharges of
wastewater. Ms. Hurld noted that many states have taken on the permitting role in wastewater discharge
but not dredge and fill. One big difference in Section 404 is that states and tribes cannot assume
responsibility of permitting dredge and fill into certain waters, such as large interstate waterways used to
transport interstate or foreign commerce (e.g., Mississippi River, Potomac River, Gulf of Mexico), to
ensure unrestricted commerce and navigation. This exclusion of individual waters created challenges for
states and tribes to assume permitting responsibilities because of the lack of clarity in determining which
waters are retained under control of the USACE. The issue was further complicated in the 2000s as
federal court decisions used previously reserved terms to describe waters of the United States. Ms. Hurld
clarified that the issue is not the requirement of a permit, but rather the identification of the permitting
authority.

On April 30, 2014, the Association of Clean Water Administrators submitted a letter requesting that EPA
provide clarity on the issue so that states could determine whether or not to build a dredge and fill
permitting program. EPA committed to providing the requested clarity. Ms. Hurld remarked that the best
way to achieve consensus on the issue was to conduct an open discussion with appropriate state, tribal,
and technical individuals and develop recommendations to the EPA Administrator. The purpose of the
NACEPT subcommittee is to establish recommendations on the process and definition used to determine
permitting authority for certain waters of the United States. The recommendations should be clearly

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understood and easily implementable. Ms. Hurld informed Council members that she will work with
Mr. Green and Mr. Ross to establish the subcommittee. She recommended that the subcommittee include
one or two current NACEPT members to keep the Council apprised of the deliberations. Ms. Hurld then
solicited questions and comments.

Dr. Olufemi Osidele (Southwest Research Institute) requested clarification concerning any links between
the subcommittee charge and the proposed rule to define waters of the United States. Ms. Hurld remarked
that the proposed rule was released on April 21, 2014, and the comment period on the rule has been
extended twice. She explained that the proposed rule, which considers which waters are regulated by the
federal government or states, is broader than the dredge and fill permitting program under consideration
by the NACEPT subcommittee.

Mr. Ross requested an explanation about the composition of the NACEPT subcommittee. Ms. Hurld
replied that EPA is soliciting state and county representatives for subcommittee membership. USACE,
tribes, environmental groups, and permit-requesting sector representatives also will be asked to serve on
the subcommittee. A Federal Notice requesting nominations will be published. Mr. Joyce elaborated that
a successful model for past subcommittees has been to include one or two NACEPT members with
relevant expertise on the subcommittee. He reminded the Council members that the subcommittee cannot
directly advise the Administrator. Typically, following completion of a subcommittee report, the Council
will review and approve the report prior to transmittal to the Administrator. Mr. Joyce requested that any
NACEPT members with an interest and expertise in the topic inform Mr. Green, Mr. Ross and
Mr. Learner about their desire to participate on the subcommittee. Mr. Erichsen expressed his interest in
participating on the subcommittee or helping to identify appropriate individuals. Mr. Green and Mr. Ross
noted his interest.

To inform the selection of NACEPT liaisons, Mr. Learner asked whether the subcommittee topic was
more concerned with policy or legality. Ms. Hurld responded that the Agency only has the ability to
change regulation, which must be consistent with the statute. EPA does have some discretion concerning
how the statutes are implemented, but consistency is important. The waters that need a CWA Section 404
permit are known; what is unclear is whether the federal government or states has permitting authority.
Ms. Hurld opined that it was more of a policy question, although EPA lawyers will be enlisted to ensure
that the regulation is consistent with the statute. As there is more than one way to clarify who is
responsible for permitting waters and adjacent wetlands, the issue deals more with policy.

Mr. Green reiterated that the ODACMO staff will work closely with Ms. Hurld, Mr. Ross and
Mr. Learner to establish the NACEPT subcommittee.

Overview of ODACMO and the Roles and Functions of EPA Advisory Committees

Toni Rousey, Acting Staff Office Director for Committee Management, ODACMO, EPA

Ms. Rousey provided an overview of FACA to educate the new NACEPT members, who she welcomed
to the Council. She explained that Council members should be aware of the requirements mandated by
FACA, which establishes procedures for the management of advisory committees such as the NACEPT.

Ms. Rousey stated that the 1972 FACA governs the establishment, operation and termination of federal
advisory committees. FACA might apply when EPA utilizes or convenes committees to obtain group
advice. Committee members serve at the discretion of the Administrator, and committees must be
balanced with regard to perspective and functions to be performed. EPA appoints two types of members:
representative members are asked to depict the perspective of a group (this applies to all NACEPT
members), and special government employees provide the Agency with their best independent judgment
and expertise.

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FACA requires openness, transparency and public access. Meeting notices are published in the Federal
Register, and opportunities are provided for public comment and access to meetings. Detailed meeting
minutes, certified by the Chair, as well as other committee documents are available to the public; this
requirement applies to all FACA meetings. Members are expected to review materials in advance and
participate in the meeting by engaging in a candid exchange of views and perspectives. Members also are
asked to represent their interest group or organization, work toward consensus and provide feedback to
the Chair. The Chair provides leadership to the committee and, along with the DFO, develops agendas,
schedules activities, coordinates work and obtains consensus. Committee members are expected to
collaborate to accomplish the charge, serve the appointed term and discuss any conflicts with the DFO.

Regarding travel and ethics considerations, EPA may pay travel and per diem for members on official
travel. Members are expected to maintain an environment that promotes the participation of individuals
regardless of race, color, national origin, age, sex, religion, disability or sexual orientation. They may not
lobby Congress in their capacity as advisory committee members.

Committees provide advice directly to EPA. Subcommittees may be formed to gather facts and draft
documents, but subcommittees must report their findings directly to the parent committee for full
deliberation, approval and discussion. At EPA, subcommittees follow all FACA requirements, including
guidelines for openness, transparency and membership. Subcommittee members must be approved.
Committees also may form working groups to conduct research, perform studies or gather facts. Working
groups are small, informal meetings not subject to FACA regulations; however, EPA encourages working
groups to hold open meetings and make documents available to the public.

Ms. Rousey encouraged Committee members to contact NACEPT DFO Mr. Green as necessary. She
referred participants to the FACA website (http://www2.epa.gov/laws-regulations/summarv-federal-
advisorv-committee-act) and EPA's FACA program website (http://www2.cpa.go\7/faca) for more
information. In closing, Ms. Rousey reiterated EPA's appreciation for the Council members' service,
knowledge and experience, and thanked them for accepting the invitation to serve as a FACA member at
EPA.

General Administrative Procedures: Travel and Reimbursement

Stephanie McCoy, Program Analyst/Travel Specialist, ODACMO, EPA

Ms. Stephanie McCoy (ODACMO, EPA) described travel and reimbursement procedures pertaining to
the NACEPT members. She noted that the last face-to-face meeting was a long time ago, and the
presentation would serve to refresh returning members and educate new members. Ms. McCoy presented
an image of the EPA Traveler Identification Form and explained that all Council members must complete
or update the form to ensure accurate reimbursements. Direct deposit allows for the most expedient
reimbursement.

For face-to-face meetings, airline and train reservations are booked through EPA's travel agency, Omega
Travel. Hotel reservations must be completed by the participant, but this expense is reimbursable along
with per diem expenses, mileage and parking, and taxis. Internet access and baggage fees are decided on a
case-by-case basis. Ms. McCoy described where expenses are recorded on the Travel Voucher Expense
Report. She noted that receipts are requested for expenses in excess of $75, and can be submitted
electronically via email. All travel vouchers are audited by EPA. Expense Reports are collected at the
conclusion of meetings or can be submitted afterwards. Ms. McCoy presented an image of EPA's Travel
Voucher and pointed out where Council members should sign. She also described the local travel
reimbursement procedures; local members are reimbursed for mileage and parking.

Ms. McCoy noted that she and Ms. Shirley Jones (ODACMO, EPA) will serve as the points of contact for
travel and reimbursement activities. She requested that Council members copy both of them on travel-

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related correspondence. Mr. Ross extolled the competence of Ms. McCoy in assisting the NACEPT with
travel and reimbursement activities.

Meeting Summary and Action Items

William Ross, Jr., NACEPT Chair, Visiting Professor, Nicholas School of the Environment,

Duke University

Mr. Ross thanked the speakers and organizers for planning an excellent meeting. He remarked on EPA's
evident regard for the NACEPT's advice, described in part by Ms. Smith and Ms. Daub. Mr. Ross said
that he was eager to learn the Council's next charge in early 2015. Mr. Ross congratulated the new
members, returning members and Mr. Green.

Mr. Green expressed appreciation to the NACEPT members for their participation, and also extended his
thanks to the speakers. Mr. Joyce added his thanks and said that he looked forward to working with
everyone. Mr. Green reminded members that the next NACEPT meeting probably would be held in
February or March 2015, and said that a Doodle poll will be circulated soon to finalize a date for the
meeting as EPA continues to develop the NACEPT's next charge.

Mr. Green adjourned the meeting at 2:07 p.m. EST.

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Action Items

Mr. Green will distribute the Sustainability for the Nation: Resource Connection and Governance
Linkages and Sustainability Concepts and Decision-Making: Tools and Approaches for the U.S.
Environmental Protection Agency reports to the Council members.

-Y- Council members will send Mr. Ross a note regarding any possible topics on which the NACEPT
could provide assistance to EPA.

Any interested council members will inform Mr. Green, Mr. Ross and Mr. Learner of their desire to
serve on the NACEPT subcommittee.

-Y- A Doodle poll will be circulated to ascertain availability for the next NACEPT meeting in February
or March 2015.

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National Advisory Council for Environmental Policy and Technology (NACEPT)

Meeting Participants

NACEPT Members

Dr. Fernando Abruna

Architect

Sustainable Architecture
Abruna and Musgrave, Architects
San Juan, PR

Ms. Erica Bannerman

Energy Manager
Office of Central Services
Prince George's County Maryland
Largo, MD

Ms. Ondrea Barber

Executive Director
Department of Environmental Quality
Gila River Indian Community
National Tribal Air Association
Sacaton, AZ

Ms. Laureen M. Boles

Civil Engineer and Environmental Planner
Office of Watersheds
Philadelphia Water Department
Philadelphia, PA

Dr. Carrie Castille

Associate Commissioner for Government
Affairs

Louisiana Department of Agriculture and

Forestry
Baton Rouge, LA

Mr. Kurt Erichsen

Vice President

Environmental Planning

Toledo Metropolitan Area Council of

Governments
Toledo, OH

Dr. Patricia M. Gallagher

Associate Professor

Provost's Fellow in Sustainability

Department of Civil, Architectural and

Environmental Engineering
Drexel University
Philadelphia, PA

Mr. Matthew C. Howard

Sustainability Director
Department of Administration
City of Milwaukee
Milwaukee, WI

Mr. Robert Kerr

Co-Founder and Principal
Pure Strategies, Inc.

Reston, VA

Mr. Howard Learner (NACEPT Vice-Chair)

Executive Director

Environmental Law and Policy Center
Chicago, IL

Dr. Thomas E. Lovejoy

University Professor
Environmental Science and Policy
George Mason University
Fairfax, VA

Ms. Bridgett Luther

President

Cradle to Cradle Products Innovation Institute
San Francisco, CA

Mr. Jeffrey M. Mears

Environmental Area Manager
Environmental Health and Safety Division
Oneida Tribe of Indians of Wisconsin
Oneida, WI

Dr. Dale G. Medearis

Senior Environmental Planner
Environmental and Planning Services
Northern Virginia Regional Commission
Fairfax, VA

Dr. Ronald Meissen

Senior Director of Sustainability
Baxter International, Inc.

Deerfield, IL

Dr. Olufemi Osidele

Senior Research Engineer
Geosciences and Engineering Division
Southwest Research Institute
San Antonio, TX

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Mr. William G. Ross (NACEPT Chair)

Visiting Professor of Environmental Sciences

and Policy
Nicholas School of the Environment and

Comprehensive Cancer Center
Duke University
Durham, NC

Ms. Kathryn L. Schaberg

Environmental Coordinator
Native Village of Georgetown
Georgetown Tribal Council
Anchorage, AK

Mr. Yalmaz Siddiqui

Senior Director
Environmental Strategy
Office Depot
Boca Raton, FL

NACEPT Designated Federal Officer

Mr. Eugene Green

U.S. Environmental Protection Agency
Office of Diversity, Advisory Committee

Management and Outreach (ODACMO)
William Jefferson Clinton Building (1601M)
1200 Pennsylvania Avenue, NW
Washington, D.C. 20460
Phone: (202) 564-2432
Email: green.eugene@epa.gov

EPA Participants

Mr. Derry Allen

U.S. Environmental Protection Agency
William Jefferson Clinton Building
1200 Pennsylvania Avenue, NW
Washington, D.C. 20460
Phone: (202) 566-2167
Email: allen.derry@epa.gov

Ms. Denise Benjamin-Sirmons

Director, ODACMO

U.S. Environmental Protection Agency

William Jefferson Clinton Building (1601M)

1200 Pennsylvania Avenue, NW

Washington, D.C. 20460

Phone: (202) 564-2294

Email: benjamin-sirmons.denise@epa.gov

Ms. Vivian Daub

U.S. Environmental Protection Agency
William Jefferson Clinton Building (2723A)
1200 Pennsylvania Avenue, NW
Washington, D.C. 20460
Phone: (202) 564-6790
Email: daub.vivian@epa.gov

Ms. Kathleen Hurld

U.S. Environmental Protection Agency
William Jefferson Clinton Building (4502T)
1200 Pennsylvania Avenue, NW
Washington, D.C. 20460
Phone: (202) 566-1269
Email: hurld.kathy@epa.gov

Mr. Mark Joyce

U.S. Environmental Protection Agency
Office of Diversity, Advisory Committee

Management and Outreach (ODACMO)
William Jefferson Clinton Building (1601M)
1200 Pennsylvania Avenue, NW
Washington, D.C. 20460
Phone: (202) 564-2130
Email: joyce.mark@epa.gov

Ms. Stephanie McCoy

U.S. Environmental Protection Agency
William Jefferson Clinton Building (1601M)
1200 Pennsylvania Avenue, NW
Washington, D.C. 20460
Phone: (202) 564-7297
Email: mccoy.stephanie@epa.gov

Ms. Megan Moreau

U.S. Environmental Protection Agency
William Jefferson Clinton Building (1601M)
1200 Pennsylvania Avenue, NW
Washington, D.C. 20460
Phone: (202) 564-5320
Email: moreau.megan@epa.gov

Ms. Barbara Rosing

U.S. Environmental Protection Agency
William Jefferson Clinton Building (2723A)
1200 Pennsylvania Avenue, NW
Washington, D.C. 20460
Phone: (202) 564-3656
Email: rosing.barbara@epa.gov

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Ms. Toni Rousey

U.S. Environmental Protection Agency
William Jefferson Clinton Building (1601M)
1200 Pennsylvania Avenue, NW
Washington, D.C. 20460
Phone: (202) 564-5356
Email: rousey.toni@epa.gov

Ms. Nena Shaw

U.S. Environmental Protection Agency
William Jefferson Clinton Building (2201A)
1200 Pennsylvania Avenue, NW
Washington, D.C. 20460
Phone: (202) 564-5106
Email: shaw.nena@epa.gov

Ms. Rita Smith

U.S. Environmental Protection Agency
William Jefferson Clinton Building (2721A)
1200 Pennsylvania Avenue, NW
Washington, D.C. 20460
Phone: (202) 564-5044
Email: smith.rita@epa.gov

Other Participants

Ms. Sally Shaver

Shaver Consulting, Inc.

Cary, NC

Ms. Linda Wilson

Department of Agriculture
Albany, NY

Contractor Support

Dr. Jennifer McCulley

The Scientific Consulting Group, Inc.
656 Quince Orchard Road, Suite 210
Gaithersburg, MD 20878
Phone: (301) 670-4990
Email: jmcculley@scgcorp.com

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I, William Ross, Chair for the National Advisory Council for Environmental Policy and
Technology (NACEPT) certify the meeting minutes for November 3, 2014
(video/teleconference) are complete and accurately reflect the discussions and decisions of said
meeting.

William Ross	Date: January 21, 2015

NACEPT Chair

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