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Records of the Council on Environmental Quality (Clinton Administration)
Kathleen McGinty's Files
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FOIA Number: 2012-0769-F
FOIA
MARKER
This is not a textual record. This is used as an
administrative marker by the William J. Clinton
Presidential Library Staff.
Collection/Record Group:
Clinton Presidential Records
Subgroup/Office of Origin:
Council on Environmental Quality
Series/Staff Member:
Kathleen (Katie) McGinty
Subseries:
OA/ID Number:
2618
FolderID:
Folder Title:
Browner-EPA [Environmental Protection Agency]
Stack:
Row:
Section:
Shelf:
Position:
S
61
5
8
1
PHOTOCOPY
PRESERVATION
Pam- -
-
4/1
Just FYI in case you all
get a call from her My
office is out of it - although
I have never gotten back
to her with a reply formally
telling her so - / Thanks, Brad
LF: ACTION
February 19, 1993
MEMORANDUM
TO:
Leon
FROM:
Brad
RE:
Environmental Intelligence Panel
I have received a couple of calls over the last few months from
Liz Porter, EPA's representative to the Environmental
Intelligence Panel, asking for an enhanced role for her agency in
those proceedings. At your earlier instruction, I have put her
off until after the inauguration--but now someone needs to
address her concerns.
Specifically, Ms. Porter has asked whether Carol Browner (or
Katie McGinty) can be cleared on the environmental/intelligence
issues and have an actual role on the panel. Porter's complaint
is that objective information about what data is available and
releasable is not forthcoming; she also says that the kind of
information that the panel is talking about is not in synch with
EPA's needs.
At my recommendation, she has spoken with Linda Zall, but has not
been satisfied. She needs someone who can address this issue
authoritatively and give her a clear answer.
Bill- some feedback t Thanks need on Brown this.
Brad - No sale! The parties curcervel need to
sert this me out
w/
03/30/93
13:00
OMB LRD/LIC
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FAX 6pgs
EXECUTIVE OFFICE OF THE PRESIDENT
URGENT
OFFICE OF MANAGEMENT AND BUDGET
Washington, D.C. 20503
March 30, 1993
LEGISLATIVE REFERRAL MEMORANDUM
LRM #I-246
TO: Legislative Liaison Officer -
AGRIC-CR - Robin Rorapaugh (all testimony) - (202)720-7095 - 230
COMMERCE - Michael A. Levitt - (202) 482-3086 - 324
DEFENSE - Samuel T. Brick, Jr. - (703) 697-1305 - 325
ENERGY - Bob Rabben - (202)586-6718 - 209
MHS - Frances White - (202) 690-7760 - 328
INTERIOR - Ralph Hill - (202) 208-6706 - 329
JUSTICE - Faith Burton - (202) 514-2141 - 217
STATE - Matt Winslow - (202) 647-4463 - 225
CEA - Francine Obermiller - (202) 395-5035 - 242
CEQ - Larry Flick - (202) 395-5750 - 256
GSA - William R. Ratchford - (202) 501-0563 - 237
OPM - James N. Woodruff - (202) 606-1424 - 331
OSTP - Damar Hawkins - (202)456-6272 - 288
USTR - Fred Montgomery - (202) 395-3475 - 223
OGE - Jane Ley - (202)523-5377 - 261
TRANSPORTATION - Tom Herlihy - (202) 366-4687 - 226
TREASURY - Richard S. Carro - (202) 622-1146 - 228
VA - Robert Coy - (202) 535-8113 - 229
NASA - Mary D. Kerwin - (202) 358-1948 - 219
NRC - Trip Rothschild - (301) 504-1607 - 227
NSC - William H. Itoh - (202) 395-3723 - 249
NEC - Elizabeth Lindemuth - (202) 456-6630 - 429
TVA - Alan Carmichael - (202) 479-4412 - 332
FROM:
RONALD K. PETERSON (for)
Assistant Director for Legislative Reference
OMB CONTACT: Holly FITTER (395-3233)
Secretary's line (for simple responses) $ 395-6194
Richard MERTENS (395-6931)
SUBJECT:
EPA Proposed Testimony RE: S 171, Department
of the Environment Act of 1993
DEADLINE:
10:00 AM March 31, 1993
OMB requests the views of your agency on the above subject before
advising on its relationship to the program of the President, in
accordance with OMB Circular A-19.
Please advise us if this item will affect direct spending or
receipts for purposes of the the "Pay-As-You-Go" provisions of
Title XIII of the Omnibus Budget Reconciliation Act of 1990.
03/30/93
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Page 2
LRM #I-246
CC:
M. roley
B. Damus
J. Breul/N. Shapiro
F. Reeder
J. Payne
M. Weatherly
B. Beard/S. Cameron
J. coffey
A. Fraas
C. Vallina
B. Sasser
R. Kogut
R. Fairweather
R. Cogswell
B. Martin
J. Quinn
T. Thornton
K. McGinty
S. Neuwirth
C. Rasco
T. Stern
D. Holton
03/30/93
14:06
OMB LRD/RDI
002
03/30/93 13:13
202 252 0516
OCLA/OLA DIV
003
STATEMENT OF CAROL M. BROWNER, ADMINISTRATOR
U.S. ENVIRONMENTAL PROTECTION AGENCY
SENATE PUBLIC WORKS AND ENVIRONMENTAL COMMITTEE
HEARING ON TRANSFER OF THE FUNCTIONS OF
THE COUNCIL ON ENVIRONMENTAL QUALITY
TO THE DEPARTMENT OF THE ENVIRONMENT
APRIL 1, 1993
Mr. Chairman and members of the Committee, I would like to thank you for
the opportunity to appear before you to present the Administration's views on
transferring to the proposed Department of the Environment the functions that
have been performed by the Council on Environmental Quality (CEO) since 1870.
The Administration Is piedged to strengthening the Nation's commitment to
environmental protection, while streemilning our approaches in light of today's
needs and priorities.
The National Environmental Policy Act (NEPA) was passed In 1969 and
signed Into law on January 1, 1970. NEPA was, and remains, a commitment that
the government of the United States will include the environment as a fundamental
criterion in Its decision-making processes, just as It has always considered national
security and the economy. NEPA also created CEQ, a three-member Presidential
council that was directed "...to analyze and interpret environmental trends and
information of all kinds; to appraise programs and activities of the Federal
Government in the light of the policy set forth in Title I [OT NEPA]; to be conscious
of and responsive to the scientific, economic, social, esthetic, and cultural needs
and interests of the Nation; and to formulate and recommend national policies to
03/30/93
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- 2 -
promote the improvement of the quality of the environment." Surely this was 0
remarkable charge for 1970, the year of the first Earth Day.
Since 1970 much has occurred. The Council, and its supporting Office of
Environmental Quality, have ably overseen the government's implementation of
NEPA The Congress has passed far-reaching environmental legislation - the Clean
Air Act, the Clean Water Act, the Resource Conservation and Recovery Act, and
so on The Environmental Protection Agency was formed, and all the federal
departments and agencies have moved forward to Integrate environmental
considerations into their day-to-day activities and Into their declalon-making
processes. And NEPA served as the broad philosophical base for this activity.
Now the Administration Is seeking the creation of a Department of the
Environment - an equal member of the President's Cabinet as it makes national
decisions affecting such cross-cutting matters as the economy, energy,
transportation, agriculture, and defense. The philosophical foundation embodied in
NEPA supports the principles that will guide a new environment Department.
"Productive harmony" between humans and nature, "Interrelations of all
components of the natural environment, ""ecological systems," the link between
environmental quality and human welfure and development, and concern for
"present and future generations" are not rhetoric but a framework for policy and
decisions.
03/30/93
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1005
03/30/93
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...
DCLA/OLA DIN
- 3 -
This new department will be committed to moving beyond command and
control, media-specific regulation to alternative approaches oriented toward
pollution prevention, acpsystom protection, and Incentive-hased policies. With this
commitment, and as a permanent and equa
I partner In the President's Cabinet, this department will also be well positioned to
provide the leadership and support necessary as NEPA moves on into Its third
decade. A Department of the Environment will have the scientific and technical
expertise, resources, and accountability appropriate to ensure the vigorous
implementation of NEPA that the Nation deserves. And it will be well placed to
meet the directives your predecessors, Senators Jackson and Muskle, gave to the
Council in their 1970 charge.
The Administration Is committed to providing a healthy economy that meets
our needs today, while preserving the environment for our children and future
generations to enjoy. This was the promise of NEPA and it is the promise of the
new Department of the Environment. Bringing this function into the new
department is 8 statement of the Administration's commitment to this goal, and
our belief that this new institutional framework can only serve to strengthen
Impiementation of this landmark environmental law.
Date
3-29
FROM THE OFFICE OF CABINET SECRETARY
456-6280
Rahm Emanuel
Bernie Nussbaum
Mark Gearan
Howard Paster
Jack Gibbons
Leon Panetta
Marcia Hale
John Podesta
Alexis Herman
Carol Rasco
Nancy Hernreich
Bob Rubin
Anthony Lake
Eli Segal
Bruce Lindsey
George Stephanopoulos
Katie McGinty
David Watkins
Regina Montoya
Maggie Williams
Remarks: Attached is Administrator Browner's proposed
testimony on ESA please re turn any comments
to me by 3/3/. Christine
Response:
03/29/93
18:25
202 260 5185
EPA CONG LIASON
002
7 UNITED STATES. AGENCY
UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
WASHINGTON, D.C. 20460
ROMENTAL PROTECTION
OFFICE OF CONGRESSIONAL
AND LEGISLATIVE AFFAIRS
March 29, 1993
MEMORANDUM
SUBJECT: Administrator Browner's April 1 statement on ESA
FROM: for
Thomas Director C. Roberts Chin Hoff Holf
Legislative Analysis Division
TO:
Christine Varney
Deputy Assistant to the President
and Cabinet Secretary
The White House
EPA will be testifying on April 1, 1993 before the Subcommittee on
Environment and Natural Resources of the House Committee on Merchant Marine and
Fisheries concerning biological resources, habitat, and ecosystems and the Endangered
Species Act. Attached for your information is a copy of EPA's proposed testimony.
Attachment
Printed on Rocycled Paper
03/29/93
18:26
202 260 5185
EPA CONG LIASON
003
UKATI
3/29/93
4:50pm
STATEMENT OF CAROL M. BROWNER
ADMINISTRATOR
U.S. ENVIRONMENTAL PROTECTION AGENCY
before the
COMMITTEE ON MERCHANT MARINE AND FISHERIES
U.S. HOUSE OF REPRESENTATIVES
APRIL 1, 1993
Mr. Chairman and members of the Subcommittee: I am grateful
for the opportunity to appear here today with colleagues
Secretary Babbitt and Secretary Espy. The fact that the heads of
several Federal agencies are testifying together suggests both
the complexity of the problem we face, and the importance of
Federal interagency cooperation in solving it. No single agency
is capable of protecting biological diversity and natural
habitat. No single law gives us the tools necessary to achieve
those ends. Rather, all the relevant Federal agencies, together
with state and local governments, tribes, businesses, and the
public, will have to join hands and apply the full range of tools
at our disposal, if we are to protect and nurture these
invaluable resources.
The Environmental Protection Agency's essential role in
protecting biological diversity and ecosystems has been
recognized throughout the Agency's history. When EPA was
established in 1970, it was premised on the perception that the
environment is "a single, interrelated system." Many of the
laws that we administer, like the Clean Water Act and the Federal
Insecticide, Fungicide, and Rodenticide Act, clearly contribute
to the protection of species and ecosystems. Whenever EPA has
acted to control acid rain, clean up waste sites, construct
03/29/93
18:26
202 260 5185
EPA CONG LIASON
004
sewage treatment plants, or prohibit the use of certain
pesticides, we have -- implicitly or explicitly -- helped
preserve biological diversity and natural habitat.
Yet, clearly, we have to do more. Despite our demonstrable
successes like cleaning up urban air quality, reducing flows of
nitrogen and phosphates into surface waters, and banning the use
of DDT -- natural habitat in this country is still seriously
stressed. From the mudflats of the Pacific Northwest, to the
tall grass prairies of the Midwest, to the Everglades of my own
home state of Florida, natural ecosystems are under siege. And
thousands of species that depend on them are stressed at best,
and threatened with extinction at worst.
What we are seeing in this country is happening around the
world at alarming rates. Prominent scientists now are predicting
that as much as 20 percent of total global diversity may be
extinct within the next 30 years, if current rates of habitat
destruction continue.
Because of the ongoing degradation of natural systems in
this country, at EPA we are beginning to place as much emphasis
on the protection of habitat, both for its own sake, and due to
its role in protecting human health. This is exactly the advice
given to EPA by the Science Advisory Board in its 1990 report,
Reducing Risk. The SAB's recommendations are based on a belief
that ecosystems, and the biological diversity they support, have
an intrinsic value beyond their utility to humans. At the same
time, the health of humans and the health of ecosystems are
2
03/29/93
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EPA CONG LIASON
005
inextricably linked. As the SAB wrote in their report:
"
there is no doubt that over time the quality of human life
declines as the quality of natural ecosystems declines." "
There are many opportunities in our programs to foster the
health of ecosystems. We have established, for example, an
Environmental Monitoring and Assessment Program (EMAP) to measure
trends in the health of specific ecosystems and anticipate
emerging threats to such systems. We have undertaken several
initiatives targeted at specific geographic areas, that focus
their protection on the entire ecosystem, like the Gulf of
Mexico, the Chesapeake Bay and the Great Lakes. The watershed
approach is becoming a top priority in our water program. Under
the Clean Water Act, for example, EPA oversees establishment of
and compliance with water quality standards, including standards
designed to protect aquatic life. The Act contains other
provisions that relate to aquatic life, including designation of
Outstanding Natural Resource Waters of exceptional ecological
significance, to which special protection apply. As a part of
the National Estuary Program, EPA coordinates development of
comprehensive management plans to protect the water quality and
ecological resources of significant estuaries.
These initiatives and others like them involve partnerships
among Federal agencies, state and local governments, and non-
governmental organizations at the landscape or ecosystem level.
They can benefit immensely from the coordinated support of the
3
03/29/93
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EPA CONG LIASON
006
leadership of the Federal agencies here today -- support that has
been lacking in the past.
In addition, we are developing a process for assessing
ecological risks much like the process we use for assessing human
health risks. Ecological risk assessment will help us identify
problems, set priorities, and provide a scientific basis for
decisions. While not an exact science, ecological risk
assessment will help formalize ecosystem concerns throughout EPA.
We will review EPA programs for further opportunities to
develop strategic options for protecting species and habitat. We
will find ways for EPA offices, both here in Washington and out
in the regions, to incorporate ecological components into their
ongoing programs. They will explore possible new Agency
initiatives for enhancing biodiversity. Perhaps most important,
we will identify opportunities for cooperation with other Federal
agencies, state governments, and private organizations.
Interagency cooperation, Federal/state cooperation, and
public/private cooperation are all essential to our national
effort to preserve habitat and nurture biodiversity. All of us
have responsibilities that pertain to ecosystem protection; all
of us have tools that can be used for that end. To be
successful, we have to coordinate our actions, leverage our
resources, and combine our expertise in ways that are most
effective for specific ecosystems. While I am Administrator of
the Environmental Protection Agency, that is exactly what I
intend to do.
4
03/29/93
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EPA CONG LIASON
007
In the past, Washington's bureaucracies have been notorious
for battling each other to protect their turf. But now we need
to join forces, form allegiances to protect our most important
turf, the natural ecosystems that sustain all forms of life on
earth, including human.
This new approach should be the linchpin of national policy
regarding biological resources. We need to protect the
biological systems within which species exist. We need to
rethink the economic activities that threaten habitat. We need
to find new ways of achieving our economic goals while at the
same time preserving and protecting the natural ecosystems that
make all life -- including human -- possible.
I believe we can be successful, especially if Federal
agencies like the ones we represent do a better job working
together for a common end. I am confident we will.
Thank you.
5
Date
3-29
FROM THE OFFICE OF CABINET SECRETARY
456-6280
Rahm Emanuel
Bernie Nussbaum
Mark Gearan
Howard Paster
Jack Gibbons
Leon Panetta
Marcia Hale
John Podesta
Alexis Herman
Carol Rasco
Nancy Hernreich
Bob Rubin
Anthony Lake
Eli Segal
Bruce Lindsey
George Stephanopoulos
Katie McGinty
David Watkins
Regina Montoya
Maggie Williams
Remarks:
Attached'is EPA testimony from EPA for
a March 31 hearing. Please return any
comments Response: to me - thanks- - Christine.
03/29/93
18:02
202 260 5185
EPA CONG LIASON
002
UNITED
STATES.
AGENCY
UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
WASHINGTON, D.C. 20460
PROTECTION
OFFICE OF CONGRESSIONAL
AND LEGISLATIVE AFFAIRS
March 29, 1993
MEMORANDUM
SUBJECT: EPA's draft testimony for a March 31 hearing regarding
the relations of the EPA and State and local governments
FROM:
Thomas C. Roberts
Director
Legislative Analysis
Environmental Agency
TO:
Christine Varney
Deputy Assistant to the President
and Cabinet Secretary
The White House
EPA will be testifying on 3/31/93 before the Senate Committee
on Environment and Public Works on the subject of the relationship
among federal, State and local governments in carrying out the
Nation's environmental statutes. Attached for your information is
a copy of EPA's proposed testimony.
Attachment
Printed on Recycled Paper
03/29/93
18:03
202 260 5185
EPA CONG LIASON
003
DRAFT-3/29/93 11:30 .m.
TESTIMONY OF
CAROL M. BROWNER
ADMINISTRATOR
U.S. ENVIRONMENTAL PROTECTION AGENCY
BEFORE THE
COMMITTEE ON ENVIRONMENT AND PUBLIC WORKS
UNITED STATES SENATE
MARCH 31, 1993
INTRODUCTION
Chairman Baucus, members of the Committee, I am pleased to
have this opportunity to discuss the United States Environmental
Protection Agency's (EPA's) relations with State, tribal and local
governments. As you recognize, it is these relationships that will
make or break national environmental efforts.
Before coming to EPA, I headed Florida's Department of
Environmental Regulation (DER) and worked closely with Florida's
counties, cities, and water management districts. During my time
at Florida DER, Hurricane Andrew hit south Florida, and I spent
most of two months assisting Dade County in putting back together
its environmental facilities and programs.
Florida DER often delegated Florida's regulatory authority to
water management districts and local governments. We had two
reasons for doing this: to take advantage of the expertise and
human resources that local governments can put into the field to
improve environmental protection; and, to reduce duplicative
permitting. It was not unusual for Florida to adopt stricter
environmental protection standards than EPA, and I often worked
with local governments who wanted their State government to do more
to protect Florida's environment.
03/29/93
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EPA CONG LIASON
1
004
- 2 -
My experience has taught me that State and local government
officials often know the most effective ways to protect their own
environments and that they are spirited in their efforts because
they have a large personal stake in the results. I feel strongly
that we cannot reach national environmental objectives until we
acknowledge the value of, and support, the building of strong State
and local capacity to manage environmental programs.
In earlier times, when the federal government was leading the
charge to establish national environmental standards and providing
most of the resources to do so, States and local governments were
content to allow EPA to call the shots, but lately they are
questioning the federal government's parental approach. They are
also questioning whether the federal government can determine the
most appropriate environmental priorities for their communities or
whether the federal government understands and recognizes unique
State and local circumstances. They are insisting that we
carefully evaluate the scientific basis of our regulations before
we impose additional requirements. Some environmentalists are also
wondering about priorities and whether duplicative efforts at the
federal, State, and local levels are an unwise use of scarce
resources.
I welcome this examination of federal, State, tribal, and
local roles in environmental protection. I consider it a healthy
sign that America's environmental protection is maturing beyond
federal government implementation of valuable, but narrowly-
focused, regulatory programs, toward a new working relationship
03/29/93
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EPA CONG LIASON
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- 3 -
where environmental protection is a fundamental concern at all
levels of government in the United States.
HISTORICAL-INSTITUTIONAL VEHICLES THAT EPA IS USING TO HELP PROMOTE
BETTER EPA-STATE-TRIBAL-LOCAL-RELATIONS
EPA's relationship with its State-tribal-local partners is
evolving. In the early 1970's, many national program
responsibilities were administered by the federal government,
although federal financial assistance was provided to States
through grants such as through Clean Water Act $$106 and 208.
However, EPA increasingly became aware that success was dependent
upon State involvement, and since the late 1970's, EPA has
increasingly delegated its programs to the States. Accompanying
this delegation, EPA has provided States with funding, training,
guidance and technical assistance. We have also sought to improve
and continue the evolvement of our intergovernmental relationship
through information exchange and coordination. For example--
state-EPA operations Committee
The State-EPA Operations Committee has met regularly since
1985 to discuss issues affecting management of environmental
programs. This committee consists of ten State environmental
directors (one from each of the regions), five representatives
appointed by the Chair of the National Governors' Association's
Committee on Natural Resources, two members representing State
health and agricultural commissioners, two EPA Regional
Administrators and the Administrator and Deputy Administrator of
EPA.
03/29/93
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EPA CONG LIASON
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- 4 -
This committee focuses on issues relating to State-managed EPA
programs, and provides a good forum for senior officials to discuss
problems face-to-face. I think that it is very important for
everyone to remember that in many programs, through delegation or
assumptions, States are the primary managers of EPA programs.
Local Dialoque Group
In line with its evolving relationships, EPA is beginning to
work more closely with local governments. For instance, in
response to the growing concerns expressed by 200 State and local
governments across the country, EPA has engaged in dialogue
meetings with local governments and the associations in Washington
that represent them. From these exchanges, we have a pretty good
idea what directions local governments would like the federal
government to take. Local officials would like us to prioritize
the implementation of environmental regulations based on
environmental risk, to adopt regulations that are flexible enough
to consider local conditions, to carefully analyze the scientific
and cost-benefit bases of regulations before they are promulgated,
to increase State and local involvement in the development of
regulations, and to help with financing environmental services.
I want to clarify this last point. I do not believe that
State and local governments' only concern is money. They certainly
would like more funding to implement federal environmental
mandates, but they recognize that financial times are tough. My
understanding is they want representation and consideration in the
03/29/93
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EPA CONG LIASON
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- 5 -
national discussion of how funds, especially the States' own
contributions to environmental protection, are spent.
To help build upon this dialogue, I have suggested that EPA
cosponsor a conference with the National Association of Counties on
the relationship between EPA and local governments later this year.
Tribal Relations
Building sound environmental management programs in Indian
Country is a major goal of the Agency. While the seriousness of
these issues is apparent and progress has been made, much work
remains to be done.
Historically, environmental protection has been based on a
system of federal regulations with delegation to states for program
implementation. However, states lack jurisdiction on Indian lands
and cannot provide environmental management for these lands. Thus,
EPA has the responsibility to provide for environmental protection
on the 87,000 square miles of tribal reservation land in the U.S.
To achieve this, EPA must provide either direct implementation or
delegate program management responsibility to tribal governments.
In 1984, EPA issued an Indian Policy which commits the Agency
to promoting Indian "self government" and working with tribes on a
"government-to-government" basis. EPA is working to promote the
development of inter-governmental relations, including federal,
tribal, state and local cooperation, for the protection of human
health and the environment. Recently, EPA began a Tribal Capacity
Working Group to discuss how to accelerate the progress made thus
Extended Page 7.1
- 6 -
far toward building strong environmental management capacity within
tribal governments. One of the main advances in this area was the
passage last year of the Indian General Assistance Program Act of
1992. This act provides permanent authorization for multi-media
grants to Native American tribes to build tribal environmental
management capacity. EPA efforts with tribes are focused on tribal
capacity-building through the multi-media/general assistance grant
program and implementation of specific media programs including
regulatory and enforcement activities. Working with tribes on a
government-to-government basis has led to tribal management of
programs such as the water quality standards program by the Pueblo
of Isleta and the pesticides program by the Three Affiliated Tribes
of the Ft. Berthold Reservation, the creation of memoranda of
understanding between federal, tribal, state and local entities,
and the provision of a broad variety of technical assistance and
training for tribal leaders and staff. As tribal governments
continue to develop their infrastructure and capacity we look
forward to their implementation and management of environmental
programs including delegations and enforcement activities.
Office of Regional Operations and State and Local Relations
EPA's Office of Regional Operations and State-Local Relations
is a critical part of EPA's management system, and--working with
program offices--it provides an important link between
Headquarters, EPA Regions, States, localities and tribes. The
Extended Page 8.1
- 8 -
1. Making strong EPA-State relations a cornerstone of EPA's
management policy--emphasizing flexibility, mutually
supportive working relationships, and shared responsibility
for environmental success. Enhancing State capacity should be
a primary mission of the agency.
2.
Restructuring program oversight practices to emphasize
attainment of clearly identified environmental goals and
accountability to the public for results.
3.
More fully develop an environmental finance program at EPA
which helps State and local governments develop alternative
financing mechanisms for environmental programs.
4.
Streamlining grant processes and advocating for multimedia
grants, block grants, consolidated grants, capitalization
grants and revolving loan funds.
5. Helping States use innovative approaches to improve their
effectiveness, when these are consistent with environmental
protection such as: general permits, administrative penalty
authority, and tickets for minor violations.
6.
Energizing EPA's environmental training program to increase
participation of State and local employees.
7. Investing in information management systems that enhance
information exchange between EPA and State and local
governments, promoting access to the data, and ensuring data
compatibility and quality.
8.
Improving State and local scientific capability, through
technology transfer and research assistance.
Mr, Chairman, I am not unmindful of the magnitude of what I
propose. It is clear that these reforms represent a significant
change in the way that EPA does business. They are critical to the
long-term success of environmental protection in this country, and
represent the next step in the evolving federal-State-tribal-local
partnership.
03/29/93
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Office serves as an important tool in managing and coordinating the
needs of regions, States, local governments and tribes to build the
capacity needed to manage our programs effectively. One of my
priorities is to see that this Office has the resources and status
it needs to effectively do the job of enhancing federal-State-
local-tribal cooperation and coordination in this area.
RE-EXAMINING TRADITIONAL APPROACHES
As the nature of environmental protection has matured, the
number of statutory mandates has increased, the site-specific
nature of remaining problems has become more evident, and new
problems have outstripped available dollars. EPA is realizing that
it needs to re-examine even further its EPA-State-tribal-local
framework. Emerging efforts in this regard can be seen through
particular Agency activities.
The Task Force to Enhance State Capacity
Over the past year, EPA has had a task force working on a
comprehensive review of EPA's approach to building State capacity
to implement environmental laws. State delegations of federal
programs have increased from 309 programs in 1981 to 539 today.
The Task Force is about to issue their final report. This Task
Force is comprised of State environmental commissioners, and EPA
regional and headquarters officials.
This Task Force has developed with some excellent
recommendations which I enthusiastically endorse. These include:
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Local Government Outreach Programs
Guide to Federal Environmental Requirements for Small Local
Governments
Pursuant to a requirement in the Federal Facilities Compliance
Act of 1992, EPA, building on some older regional guides, is
nearing completion of a national "Guide to Federal Environmental
Requirements for Small Governments." The purpose of the guide is
to help local officials understand the major environmental
requirements that affect their communities and to provide easy-to-
use listings of contacts so that local officials can get assistance
and information. The guide will be updated annually.
Formal local government working group
We are currently developing an advisory committee under the
Federal Advisory Committee Act to more formally continue our
dialogue with local officials regarding their capacity to implement
environmental regulations. The Small Town Task Force required
under the Federal Facilities Compliance Act of 1992 could be
organizationally a part of this advisory group.
Program-specific Approaches to Working with state, Tribal, and
Local Governments
In carrying out our statutory mandates we are constantly
seeking to establish new and more effective partnerships with
States, tribes, and local governments. Let me give you a few
examples.
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The Clean Water
The Clean Water Act and EPA's implementation of the Act
recognize the importance of federal-State-tribal partnerships.
Inherent in the law is the concept that States should have the
primary responsibility for many programs, such as establishing
water quality standards, identifying waters in need of protection,
administering the National Pollutant Discharge Elimination System
(NPDES) program once approved, and addressing nonpoint source
problems through EPA-approved State nonpoint source programs. This
partnership has been successful in addressing the traditional
pollution problems facing the nation. Working with the States, EPA
has awarded more than $57 billion dollars since 1972 to help
localities build needed wastewater treatment plants, through a
program that has been free from criticism of fraud or abuse.
However, remaining problems, such as wet weather water runoff,
new requirements for stormwater discharge and municipal sludge, and
needs we are now beginning to recognize such as ecosystem
protection, combined with limited resources, have created tension.
EPA is increasing its focus on watershed management, through
programs such as the Great Lakes, Gulf of Mexico, Chesapeake Bay
and National Estuary Program. Last week, EPA, other federal
agencies, and national and local organizations sponsored Watershed
'93, a conference devoted to a joint examination of watershed
activities. EPA has, based on State suggestions, developed
guidance for States and Tribes on fish advisories and is sponsoring
meetings to discuss options for controlling stormwater discharges.
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EPA is also assisting small and disadvantaged communities by
helping them develop sound mechanisms for construction and
operation of badly needed wastewater and drinking water treatment
facilities, and pushing for new funding for drinking water and
wastewater as part of the President's stimulus package.
The Safe Drinking Water Act
The impacts of the Safe Drinking Water Act regulations are a
serious concern among State, tribal, and local governments,
particularly small communities, and EPA has recently begun several
efforts to help State and local governments. For example, EPA has
made a special effort to involve State and local representatives in
the regulatory negotiations on the proposed disinfection byproducts
rule. The Association of State Drinking Water Administrators, the
National League of Cities, five organizations representing local
public water suppliers, and the National Association of Regulatory
Utility Commissioners have been serving on the committee which is
negotiating the rule.
Six months ago, EPA formed a working group with five State
representatives to identify problems in the implementation of
several major drinking water regulations and the working group is
making progress on recommendations to reduce the impact of these
regulations on States and local governments. EPA is also working
with representatives of western States to help reduce the cost of
the sulfate rule.
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EPA's Ground Water strategy, developed after a series of round
table discussions with State officials, relies heavily on a
federal-State partnership, and EPA's wellhead protection program
offers considerable hands-on technical assistance to local
programs, such as demonstration grants totalling $3.4 million to
116 communities.
The Clean Air:Act
Effective implementation of the Clean Air Act requires
building strong partnerships with state and local governments. The
Office of Air and Radiation has successfully and regularly included
state and local governments on workgroups, advisory committees and
regulatory negotiations to obtain direct input in the development
of rules before they are proposed, in strategic planning and in
priority setting efforts. In addition, they have several hundred
seminars, meetings and conference calls each year with state and
local governments on a wide range of issues to better incorporate
and address concerns on policies and rules.
Extensive training workshops and technical assistance programs
are also given. For example, one part of OAR provides training to
almost 3,000 state and local air pollution control officials a year
at training centers around the nation. This will increase
dramatically in the future, as a satellite downlink network has
just been established in over 70 state/local agencies to provide
training/seminars. Over 500 hours of training is planned for 1993
on the satellite system alone.
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The Ozone Transport Commission is an excellent example of how
EPA Headquarters and Regional Offices are working closely with
states to more effectively address a difficult regional
environmental problem. The Ozone Transport Commission is a
regional group established under the Clean Air Act Amendments of
1990. It includes all states in the Northeast (including the
Washington, DC metropolitan area) in a working partnership to solve
pervasive air pollution problems caused or exacerbated by
prevailing weather patterns. EPA Headquarters and Regions I, II,
and III have worked extensively with the Commission to provide
technical support (modelling) and policy guidance as the Commission
grapples with the task before it.
Resource Conservation and Recovery Act (RCRA)
The hazardous waste program under RCRA has provided
flexibility in its annual guidance for regions and States to set
priorities and to address unique problems. In negotiating State
grant agreements, States are able to substitute State priorities
for national priorities if they describe the health or
environmental benefits to be gained via the proposed activity. A
number of innovative projects have been funded in this manner,
including:
a multi-media permit program in New Jersey that incorporates
pollution prevention in a facility's water, air and hazardous
waste permits;
an effort that targets companies illegally handling hazardous
wastes that threaten the Chesapeake Bay; and,
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a training and enforcement effort along the Mexican Border
addressing cross-border waste management problems.
The municipal solid waste program under RCRA has provided
valuable leadership and assistance to local governments in
developing and implementing recycling programs. To address the
growing need for markets for materials collected by local programs,
EPA has supported the procurement of goods made with recycled
content. In fact, EPA has issued five procurement guidelines that
govern federal procurement decisions and serve as models for State
and local governments. This direct market influence can be
substantial since government purchases at all levels account for
over twenty percent of the Gross Domestic Product. EPA also
provides information, guidance and technical assistance to States
and localities to assist them in planning and implementation
efforts. This includes a series of how-to guides, a toll-free
hotline, and direct on-site technical assistance.
The Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA)
Effective administration of FIFRA and implementation of
programs developed under FIFRA require attention to the needs of
States, tribes and territories. Additionally, implementation of
many provisions of FIFRA necessitate a coordinated federal-State-
tribal-local partnership as many programs are delegated to the
relevant lead agency.
Almost all States have been granted primary enforcement
authority under FIFRA. This authority allows States to take "first
response" actions in relation to FIFRA violations. Actions are
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reported to and coordinated with our Regional offices to enhance
the effectiveness of our compliance programs. States are also
granted the authority to conduct approved Certification programs
for pesticide applicators who choose to make use of restricted use
chemicals.
In the recent past, the States have forged new ground in
helping to develop and implement programs to protect ground water
and endangered species from pesticide exposures that may cause harm
or unacceptable environmental degradation. These programs base
pesticide management measures on the local conditions and allow the
States the opportunity to develop the most appropriate measures.
Because these are not traditional "command and control" programs,
there are unique opportunities for the States and federal
government to strengthen its existing partnership.
In addition to program specific relations with State and
tribal governments, the Office of Pesticide Programs and the
Association of American Pesticide Control Officials have
established a cooperative agreement under which the States
coordinate State perspective input to the Agency on a variety of
topics and disseminate critical information from the Agency
throughout the country. Finally, in a mutually-recognized need to
continue to strengthen the federal/State partnership, States and
EPA have supported training programs on a national basis to address
program development and comprehensive program management, ground
water protection, endangered species protection, and worker
protection and pesticide disposal.
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Improving Regulatory Flexibility
EPA's Office of Policy, Planning, and Evaluation and program
offices are developing six pilot rulemakings where we will improve
our analyses of compliance options for small businesses and local
governments as required by the Regulatory Flexibility Act.
Multi-media Coordination
EPA has been struggling with how to best approach
environmental concerns that cross media lines. The basic
environmental statutes, which focus on a specific issue or media,
have been the basis of the agency's organizational structure and
have largely dictated its regulatory and policy approaches to
solving environmental problems. Concerns such as groundwater and
habitat are not readily addressed by a single statute or office,
but are broader issues that are affected by a multitude of programs
and agencies. Lack of an integrated ecosystem approach
has led to inconsistent or short-sighted decisions.
We need to attack these problems from several fronts. In
developing major regulations that will clearly have broad impact,
we are beginning to use a regulatory cluster approach. Teams of
managers and staff from many offices work together to address an
environmental problem in a holistic fashion. Top Agency management
is involved in decision-making. Although we have used this
approach in a limited number of areas to date, I see tremendous
potential in this method to put individual regulatory actions into
a broader context. The pulp and paper cluster is an example.
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Our enforcement programs, too, have recognized the value of
and an integrated approach in assessing facility or plant overall
compliance with environmental requirements. Working with the
Regions and States, we have begun a two-year initiative to approach
inspections and follow-up enforcement actions from a multi-media
perspective: looking at an entire facility or plant and evaluating
how it meets the environmental requirements across the board.
Regions, States and localities are ahead in their recognition
of the need for a holistic approach. All 10 EPA regions have
completed comparative risk assessments of the environmental
problems they face, and have developed long-term strategic plans
for addressing these problems. In my FY 1994 budget, I have
requested funds to begin work on specific projects that have been
identified as a result of these assessments.
Western Governors Association Memorandum of Understanding
In July 1991, a Memorandum of Understanding (MOU) was signed
among DOD, DOI, DOE, EPA, and the Western Governor's Association
(WGA) dealing with environmental restoration and waste management
issues shared by States, commercial entities, and the federal
government. The purpose of the MOU is to establish a cooperative
approach to the development of technical solutions to
environmental problems. To implement the MOU the federal agencies
and WGA have examined issues such as workforce planning, technology
needs, regulatory barriers and technology development. The federal
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agencies and WGA are working to establish and implement technology
demonstration projects.
Regional Activities
EPA's regions are key to promoting State, tribal, and local
participation and capacity. It is the regions that on a day to day
basis carry on the critical interactions with States, tribes, and
localities that produce environmental successes. I will mention
just a few examples of special activities the regions have been
undertaking recently.
Region 9 is currently assisting its States to conduct
comparative risk projects to identify important environmental
problems and develop common strategies. After six years of effort,
Region 9 also recently transferred lead responsibility for the RCRA
hazardous waste program to California, making California the last
major industrial State to receive authorization for this program.
Region 7 has, jointly with the State of Missouri, prepared an
environmental regulation handbook for small communities, has
provided a great deal of training to State officials, and has
conducted a voluntary emissions reduction program with industry,
State and local officials. In the Northwest, Region 10 has underway
a sustainable development initiative in cooperation with the State
of Idaho, local governments and private industry.
Region 5 recently negotiated a Superfund Memorandum of
Agreement for five of its six States, which clarifies the roles of
the region and the State in Superfund activities and provides a
dispute resolution procedure. Region 8 has recently entered into
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an agreement with the State of Colorado to give the State more
flexibility in using its EPA grants for State priorities, has
conducted training programs for States based on a survey of the
States' most serious needs, and has conducted continuing meetings
with State directors to promote communication.
CONCLUSION
With your help, we will establish as one of EPA's primary
missions the building of a national environmental partnership with
the States, tribes, and local governments. State, tribal and local
governments feel overwhelmed by the breadth, complexity and cost of
existing environmental needs, mandates and expectations, and must
get some relief. If States, tribes, and local governments fail in
their environmental management efforts, and they are in danger of
failing, then EPA fails.
We need your support in order to effectively prioritize our
environmental protection efforts. But let me emphasize that when
I talk about prioritization and flexibility, I am not promoting
less environmental protection. Instead, I am seeking better
protection. Prioritization increases environmental protection by
focusing our resources. We should all be working on what good
science and State and local officials on the front lines say makes
a difference--good science and good rapport. Responsible
stewardship of the nation's environmental agenda requires
exercising the utmost leadership in bring together the best of
federal efforts and State, tribal, and local efforts.
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In this vein, EPA could also use the help of Congress in
assuring that federal laws do not inadvertently create barriers to
stateg)tribal, and local participation in the regulatory and
administrative process. I hope that we can consider these issues
as the various re-authorizations are brought forth to the Congress.
In closing, I congratulate Chairman Baucus and all of the
committee members for identifying this crucial issue and
highlighting it with a hearing. I also thank you for inviting me
to testify on a subject near to my heart. I hope that by
testifying here about EPA's State-local-tribal relationships we can
stimulate all of us to work harder at building an effective
collaborative system.
In this I ask you to assist EPA in not only improving EPA and
State, tribal, and local government relations, but in reinventing
environmental protection as a critical endeavor in which State and
local governments are equal partners. The nation's environment
deserves nothing less.