Publication Number 540S23005

Summary of Early Engagement with our Partners for the
FY 2025-2026 OLEM National Program Guidance

Process for Soliciting Early Input

Between July and October 2023, OLEM conducted outreach to its partners to inform the FY
2025-2026 OLEM National Program Guidance development. During this time, OLEM program
offices held conference calls and web-based meetings with state, Tribal and local partners to
discuss priorities and other important issues. The early input that OLEM's partners provided
during this period is highlighted below.

Name of Organization

Venue

Date

Association of State and Territorial Solid

Monthly ASTSWMO Tanks

8/1/23

Waste Management Officials

Subcommittee Conference Call



(ASTSWMO)





Tribal Waste and Response Steering

Bi-monthly conference call

9/8/23

Committee





Association of State and Territorial Solid

ASTSWMO Investigation and

9/18/23,

Waste Management Officials

Remedy Selection Focus Group

10/16/23

(ASTSWMO)





Association of State and Territorial Solid

ASTSWMO Remedial Action Focus

9/18/23,

Waste Management Officials

Group

10/16/23

(ASTSWMO)





Association of State and Territorial Solid

ASTSWMO Post Construction Focus

9/21/23,

Waste Management Officials

Group

10/21/23

(ASTSWMO)





Association of State and Territorial Solid

ASTSWMO Site Assessment Focus

9/21/23,

Waste Management Officials

Group

10/21/23

(ASTSWMO)





Association of State and Territorial Solid

ASTSWMO Federal Facilities

10/4/23

Waste Management Officials

Subcommittee



(ASTSWMO)

Conference Call



Tribal government, Tribal consortia, and

Tri-Annual Tribal EPA UST

10/12/23

U.S. EPA UST program contacts

Teleconference



Association of State and Territorial Solid

ASTSWMO 2023 Annual Meeting

10/26/23 -

Waste Management Officials



10/27/23

(ASTSWMO)





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Publication Number 540S23005

Highlights of Early Input from States, Tribes and Associations

Tribal Concerns

•	OLEM should refer to the Tribal Waste and Response Steering Committee's 2023
Priorities Document for recommendations on addressing unique needs to Tribes

•	Tribes face environmental justice issues but also have a right to environmental self-
determination.

•	Interested in learning more about how OLEM addresses environmental justice during
Tribal consultations

•	Challenges exist involving self-determination and/or self-governance on checker-boarded
lands

Brownfields

•	Consider information sharing about site eligibility (pre grant application cycle). Outreach
to property owners and developers to "spread the word" on the sites and parties
(responsible parties excluded) that are fund eligible.

•	Consider Brownfields as a link between other regulatory programs. Support training for
EPA and state Brownfields staff, recognizing that Brownfield projects don't "stay in a
single lane..." Brownfields projects and staff are often a point of connection for other
issues, including: EJ, wetlands, municipal zoning, lead & asbestos waste management,
building demolition and C&D disposal, etc.

•	Consider training for improving community outreach. There are great examples out
there, and we should share the lessons learned so EPA and state Brownfields staff don't
have to reinvent the wheel each time.

RCRA Waste Minimization and Recycling

•	All levels of government, the private sector, academia, and nongovernmental
organizations are seeing the value of sustainable materials management as a strategy to
help reduce carbon pollution and other environmental stressors, increase equity and
community resilience, and grow the economy.

•	The Environmental Council of the States (ECOS) will continue to emphasize the
importance of market-based and customized solutions in each state so that we maximize
landfill diversion and ensure materials continue to have productive economic use and
looks forward to working with U.S. EPA in this area.

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Publication Number 540S23005

Underground Storage Tanks

•	Evaluate trends in the industry (such as move to electric vehicles, aging tanks, etc.) and
the impact on the sustainability of state financial assurance funds.

Federal Facilities

These are priorities/ issues that our partners asked OLEM to consider addressing in its guidance:

•	Applicable or Relevant and Appropriate Requirements (ARARs) - Uniform Environmental
Covenants Act (UECA) and other state land use statutes; failure to address ARARs in
removal actions; and risk range

•	Formerly Used Defense Sites (FUDS) - Failure to accept state ARARs; right of entry issues;
failure to implement institutional controls; and issues with federal land managers;
assistance with advancing FUDs potentially responsible party (PRP) projects

•	Contaminants of Emerging Concern, including PFAS

•	Munitions Response - Risk management; Unlimited Use/Unrestricted Exposure
determinations

•	Removal Actions - Issues with DoD not incorporating state ARARs; what is the standard
for the "extent practicable considering the exigencies of the situation" per 40 CFR
300.415(j); documentation for those not practicable

•	Long-term stewardship

•	RCRA/CERCLA integration

•	Climate change vulnerability assessment/ adaptation

•	Environmental Justice

General Comments for Consideration across EPA Programs

•	Measures should reflect environmental outcomes, as opposed to outputs, and should
include metrics for evaluating incremental progress towards these goals, when possible

•	Commit to early, frequent, and substantive engagement with states as environmental co-
regulators

•	Support establishment of electronic collaborative forums between regions and states
that can be used to develop and negotiate grant workplans

•	Take a holistic approach to data collection, considering potential new information
needed alongside what reporting may no longer be needed; reduce duplicative reporting

•	Support increased federal funding for states through categorical grants and allow funding
flexibility to carry out delegated/authorized/primacy federal programs

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Publication Number 540S23005

•	Follow the principles of the E-Enterprise for the Environment Digital Strategy when
planning and prioritizing investments in data modernization and technology

•	Prioritize activities to ensure the development and delivery of training and technical
assistance for state agencies, consistent with ECOS Resolution 18-12; engage state
agencies to identify priority training topics and effective learning mechanisms

Next Steps

OLEM and the EPA regional offices will consider the early input received from state, Tribal and
local partners in developing the FY 2025-2026 National Program Guidance.

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