November 2023 EPA 305S23001 Summary of Input from State, Territory, and Tribal Partners for OECA's FY 2025-2026 National Program Guidance Process for Soliciting Early Input EPA's Office of Enforcement and Compliance Assurance (OECA) solicited early input on development of the FY 2025-2026 National Program Guidance (NPG) from the following groups: Name of Organization Venue Date Association of Air Pollution Control Agencies (AAPCA) Email Solicitation 8/29/23 Association of American Pest Control Officials (AAPCO) Email Solicitation 8/29/23 Association of Clean Water Administrators (ACWA) Email Solicitation 8/29/23 Association of State and Territorial Solid Waste Management Officials (ASTSWMO)* Email Solicitation 8/29/23 Association of State Drinking Water Administrators (ASDWA)* Email Solicitation 8/29/23 Environmental Council of the States (ECOS)* Email Solicitation 8/29/23 National Association of Clean Air Agencies (NACAA)* Email Solicitation 8/29/23 National Association of State Departments of Agriculture (NASDA) Email Solicitation 8/29/23 The Tribal Waste and Response Steering Committee (TWAR SC) Conference call 9/8/23 Tribal - EPA UST Contacts Conference call 10/12/23 Organization provided early input to OECA; comments were also submitted by the State of Wyoming Department of Environmental Quality (DEQ), the State of Arizona DEQ, and the State of South Dakota Department of Agriculture and Natural Resources. Highlights of Early Input from States, Tribes and Associations • Almost all commenters emphasized the importance of early and continued engagement with states to assist the agency in meeting its goals, especially when working on new initiatives and policies, prioritizing enforcement activities, inspection targeting, and case referrals. One commenter said states appreciated engaging with OECA on the Compliance Learning Agenda. • Some commenters said OECA should outline new outcome measures in the guidance, especially those focused on EPA priority areas, in collaboration with states and co- regulators. Commenters requested more specifics on inspection measures (i.e. inspections per state). One commenter recommended EPA align these measures between program offices and with the states. • Several commenters recommended EPA collaborate with states when targeting compliance assistance and enforcement efforts in communities with environmental justice concerns. • One commenter appreciates the clarity provided in the section of the FY 2023-2024 guidance that outlines planned OECA actions for incorporating environmental justice initiatives into programmatic activities. • Some commenters suggested that states would benefit from clear minimum criteria when working on enforcement in environmental justice areas. 1 ------- November 2023 EPA 305S23001 • Some commenters recommended the following activities to support co-regulators' efforts to advance environmental justice in enforcement and compliance programs: o Continue to leverage work through the state capacity development programs, o Continue investments that improve public reporting and communications related to protecting the public and disproportionately impacted communities, o Support technical sampling efforts in low-income communities. • Many commenters indicated engaging with the states to develop and deliver training supports a cohesive approach, knowledge transfer, and enhanced capacity and coordination. Several commenters highlighted the value of inspection and compliance assistance training for co-regulators. One commenter said training for all National Enforcement and Compliance Initiatives (NECIs) and environmental justice would help to ensure consistent application of priorities across the regions. • Some commenters also recommend building flexibility into the guidance, planning processes (including NECIs), regulatory actions, and utilization of funding. These flexibilities allow states to determine the most effective ways to meet national standards and expectations of EPA's priorities while accommodating regional factors and challenges such as natural disaster response. • Several commenters stressed the importance of EPA's investments and involvement of state and local experts in efforts to modernize data systems, including the Integrated Compliance Information System (ICIS). These commenters recommend investments that align EPA's systems with those of its state and local regulatory partners, reinvigorating the Exchange Network, and a holistic approach to data collection to further reduce duplicate data entry and increase information sharing and data transparency. • Almost all commenters said that EPA should provide increased funding to states, co- regulators, and EPA's own workforce to improve compliance. • Some commenters suggested ways OECA could help states with limited capacity and resources: o Collaborate across EPA program offices on joint coordination and partnerships with states for agency-wide initiatives to streamline communications, o Work with states to de-prioritize certain program areas and initiatives that could be lower priority at the time, o Align efforts, goals, and tools across EPA program offices and the regions to avoid multiple requests for information. • OECA did not receive any specific suggestions from tribal partnership groups to modify the guidance. Next Steps OECA and the EPA regions will consider the early input received from state, territory, and tribal partners in developing the FY 2025-2026 National Program Guidance. 2 ------- |