RESPONSE TO COMMENTS FY 2020-2021 NATIONAL PROGRAM GUIDANCE OFFICE OF LAND AND EMERGENCY MANAGEMENT Comment Commenter Location in Draft Guidance National Program Office Response Action Taken in Draft Guidance Through E-Enterprise for the Environment, ECOS's Innovation & Productivity Committee, and other contexts, ECOS has supported the ability of states to improve their efficiency and effectiveness in implementing environmental programs through streamlining and modernization activities. ECOS hopes that EPA program offices include guidance language wherever possible that encourages close, proactive communication between regional and state staff to identify and pursue opportunities for these activities. Donald Welsh, The Environmental Council of the States Page 9 Concur. Please see Response to Comments on the Draft FY 2020-2021 NEPPS National Program Guidance for the agency's broader response to your comment. OLEM has added the following language concerning its ongoing ePortal initiative on page 9 of its Superfund Federal Facilities Restoration and Reuse program guidance: "Develop an online document submittal system (ePortal) through E-Enterprise for the Environment. As part of EPA's statutory requirements, the program maintains the Federal Facility Hazardous Waste Compliance Docket (Docket) which is a list of facilities that manage hazardous waste or from which hazardous substances, pollutants or contaminants have been or may be released. As such, federal agencies are required to submit Site Assessment Reports when they have a facility on the Docket. ePortal is being developed for EPA, OFAs, states and tribes to more efficiently 1 ------- Comment Commenter Location in Draft Guidance National Program Office Response Action Taken in Draft Guidance submit, track, organize and view these reports." OLEM notes its work with OECA and OEI to clarify requirements of the Cross-Media Electronic Reporting Rule (CROMERR) with e-Manifest. In ECOS comments on E.O. 13777 in May 2017, we encouraged EPA to expedite corrective action to the Cross-Media Electronic Reporting Rule (CROMERR) that would that would make it more accessible to and functional for all users. The current rule requires users to follow complicated and burdensome reporting procedures. The procedures involve challenges associated with password expirations, log-on delay time, and updating secret questions as a double verification steps. OLEM has reached out to states with the e-Manifest system to consider opportunities to further streamline CROMERR requirements while maintaining the integrity of reported information. ECOS encourages OLEM to continue these efforts and to reflect this work in its Guidance. Donald Welsh, The Environmental Council of the States Page 20 OLEM will continue to find efficiencies and clarify requirements of CROMERR to enable wider adoption of the e-Manifest system and will stay closely engaged with states in this ongoing effort. No revisions needed, at this time. 2 ------- Comment Commenter Location in Draft Guidance National Program Office Response Action Taken in Draft Guidance States encourage OLEM to continue to promote Donald Welsh, Page 25- The EPA's FY No revisions needed, at this sustainable materials management (SMM) throughout The 27 2020-2021 time. their key programmatic activities. OLEM should continue Environmental National to coordinate with national organizations such as ECOS Council of the Program and ASTSWMO to promote federal, state, and territorial States Guidances coordination and to advance SMM training and education provide among key regulators and stakeholders. information and direction for implementing programs supported by the FY 2020 President's Budget request. OLEM looks forward to continued coordination advancing our shared goals. 3 ------- Under the heading of Regions that appears in the Alan Bacock, Page 28 Collaboration OLEM has revised its draft discussion of "Tribal Support and Coordination" there is a Region 9 with tribes is language, to read as follows: bulleted statement that "Regions should rely on RTOC Tribal guided by "Regions may consider established EPA-Tribal Environmental Plans (ETEPs) to Co-Chair multiple established EPA-Tribal guide federal environmental program activities in Indian policies and Environmental Plans (ETEPs) to country, including direct implementation and technical documents assist in conducting federal and financial assistance." that outline environmental program EPA/tribal activities in Indian country, This statement is an inaccurate representation of the roles, including direct implementation purposes for and appropriate uses of ETEPs that should be responsibilities, and technical and financial deleted. and goals. As assistance." stated in the As provided in the 2013 GAP Guidance, ETEPs are intended EPA Strategic to inform GAP workplans and to reference in measuring Plan, ETEPs are performance under GAP. "Established" ETEPs contain "a joint provisions specifically to serve this purpose and were not planning intended by the Tribes that have approved ETEPs to inform document" any other aspect of the relationship between Tribes and which "identify EPA. tribal, EPA, and shared If the Agency wants to consider and propose a regulation priorities, and or policy to more broadly rely on ETEPs to define the the roles and relationship between various EPA offices including OLEM responsibilities and Tribes, it should do this in an action separate from the for addressing NPMG development process, after thorough and those meaningful government-to-government consultation as priorities." For required by EPA's 2011 Policy on Consultation and additional Coordination with Indian Tribes. information, please see OITA's response to comments on the Draft FY 2020-2021 4 ------- Comment Commenter Location in Draft Guidance National Program Office Response Action Taken in Draft Guidance OITA National program Guidance. 5 ------- |