AEPA
190B12005
United States
Environmental Protection
Agency
Cross-Cutting Fundamental Strategy
FY 2011 Action Plan Annual Progress Report
Strategy 4: Strengthening State, Tribal, and International Partnerships
Deliver on our commitment to a clean and healthy environment through consultation and shared
accountability with states, tribes, and the global community for addressing the highest priority problems.
Executive Summary
In FY 2011, EPA began the successful implementation of delivering on our commitment to a clean and healthy
environment through consultation and shared accountability with states, tribes, and the global community for
addressing the highest priority problems. As we worked together, our relationships continued to be based on
integrity, trust, and shared accountability to make the most effective use of our respective bodies of knowledge,
our existing authorities, our resources, and our talents.
Accomplishment Highlights:
With States
• Improved implementation and consistent delivery of national environmental programs through closer
consultation and transparency. For example, all areas of the Southeast are now in attainment for the 1997
ozone and fine particulate (PM2.5) standards. This great accomplishment was achieved through federal,
state, and local partnering to reduce emissions of ozone precursors and PM2.5 and its precursors. EPA's
Regional Office kept momentum going on this effort by engaging the state and local air quality agencies at
least monthly. This regular communication allowed for more timely redesignation of areas to reduce
unnecessary regulatory burden where possible. It also allowed for more efficient EPA action to make clean
data determinations, thereby reducing the need for additional submissions of resource-intensive technical
documents by state/local agencies.
• Worked together to seek more efficient use of resources through work-sharing, joint planning using data
analysis and targeting to address priorities, and other approaches. Specifically, EPA established an Agency-
wide taskforce to determine parameters for worksharing, identify program elements where worksharing
could be applied, and areas where statutes or regulations prohibit worksharing. EPA included best practices
and examples of worksharing in the FY 2012 National Program Manager (NPM) Guidance.
• Increased by 59 percent state utilization of the Exchange Network to share environmental data to facilitate
the exchange of data with states to improve program effectiveness and efficiency. EPA also established a
new reporting system for underground injection control program data.
• Strengthened state-EPA shared accountability by focusing oversight on the most significant and pressing
state program performance challenges, using data and analysis to speed program improvements. EPA, in
consultation with a working group of state Clean Water Act representatives, has developed a suite of new
approaches to revamp the National Pollutant Discharge Elimination System (NPDES) permitting, compliance,
and enforcement program. These approaches are aimed at improving water quality by using 21st century
information technology and best practices to more effectively and efficiently achieve greater pollution
reductions at the universe of approximately one million NPDES water pollution sources. (See
http://www.epa.gov/compliance/civil/cwa/cwaenfplan.html.)
FY 2011 Annual Progress Report: Strengthening State, Tribal, and International Partnerships
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With Tribes
• On May 4, 2011, Administrator Lisa Jackson announced the release of the "EPA Policy on Consultation and
Coordination with Indian Tribes" (PDF) (10 pp, 213K). The Policy was developed in response to the
"Presidential Memorandum on Tribal Consultation" issued November 5, 2009, directing federal agencies to
develop a plan to implement fully Executive Order (E.O.) 13175. EPA was the first agency to release a final
Tribal Consultation Policy.
• The Policy establishes clear EPA standards for the consultation process, including defining the "what, when,
and how" of consultation. It also designates specific EPA personnel responsible for serving as consultation
points of contact in order to promote consistency in, and coordination of, the consultation process.
Additionally, the Policy establishes a management oversight and reporting structure that will ensure
accountability and transparency. The Policy sets a broad standard for when EPA should consider consulting
with federally-recognized tribal governments based upon Executive Order 13175 and the principles
expressed in the 1984 "EPA Policy for the Administration of Environmental Programs on Indian
Reservations" (1984 Policy).
• By working together, EPA and tribes enhanced the content of EPA databases that gather and analyze trend
data on environmental conditions in Indian country, increasing by 17 percent the number of tribes using the
Exchange Network to report data to EPA. Simultaneously, improvements were made to increase accuracy
and usability. EPA will continue to concentrate on this effort in FY 2012.
• EPA continued efforts to identify gaps in the implementation of EPA programs in Indian country or related to
Alaska Native Villages. In FY 2011, EPA initiated an internal workgroup with the major media offices to
discuss developing a phased pilot approach. EPA will continue this important effort into FY 2012.
Additionally, in collaboration with tribal partners, EPA developed a new General Assistance Program (GAP)
Guidebook that will define how tribes plan, design, implement, and track projects funded through GAP
grants.
With Other Countries
• Expanded our partnership efforts in multilateral forums and in key bilateral relationships. One major
highlight was in August 2011 when EPA Administrator Lisa Jackson and Brazil's Minister of Environment
Izabella Teixeira formally launched the U.S.-Brazil Joint Initiative on Urban Sustainability (JIUS). During
President Obama's state visit to Brazil in March 2011, he and President Rousseff agreed to initiate the JIUS
as a vehicle for identifying opportunities for new and innovative green urban infrastructure investment in
the U.S. and Brazil, and for serving as a global model for building greener economies and smarter cities. The
JIUS will demonstrate the economic, environmental, and social benefits of increased investment in a greener
urban environment by focusing on projects in Rio de Janeiro as the city organizes three mega-events over
the next five years—the UN Conference on Sustainable Development (Rio + 20), the 2014 World Cup, and
the 2016 Olympics.
• Enhanced existing and nurtured new international partnerships to promote a new era of global
environmental stewardship based on common interests, shared values, and mutual respect. For example,
EPA is developing a successor U.S.-Mexico Border Environment Program strategic design that will address
the most severe environmental and human health issues in the border region. This successor framework,
entitled "U.S.-Mexico Environmental Program Border 2020," was published in a Federal Register Notice on
September 19, 2011 for a 60-day public review and comment period. In addition, EPA is partnering in
providing a series of public comment meetings along the border from September through November 2011,
including a Consultation meeting with the U.S. Border tribes in accordance with the "EPA Policy on
Consultation and Coordination with Indian Tribes."
Challenges:
• Partnerships continue to be an increasingly positive activity in addressing human health and environmental
concerns even though implementation challenges remain. For example, as EPA implements the new Tribal
Consultation Policy, we continue to address and understand the complexity of the definition of consultation
while determining guidelines on what constitutes appropriate "consultation."
FY 2011 Annual Progress Report: Strengthening State, Tribal, and International Partnerships 2
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FY 2011 Performance Summary
Strategy 4: Strengthening State, Tribal, and International Partnerships
FY 2011 Action Plan Activity
Status/Explanation
= Activity complete
With States
1. Continue Agency consultations with state (and local)
elected officials on EPA rulemakings and policies (Supports
Principles 1 and 4).
Conduct rule-specific consultations with the ten major state
and local government associations for regulatory actions
that have Federalism implications (i.e., impose substantial
compliance costs on government entities or preempt state
or local law), as defined in "EPA's Action Development
Process: Guidance on Executive Order 13132 (Federalism)."
EPA conducted three Federalism consultations
in FY2011:
• Utility MACT (coal and oil-fired boilers),
October 2010
• Storm water discharges from developed
sites (two sessions), December 2010
• Greenhouse gas emissions from electric
utility steam generating units, April 2011
• Complete a review of EPA's process for Federalism
consultations and make a determination if adjustments are
needed.
EPA reviewed and clarified internal policy
procedures related to Federalism
consultations in \tsAction Development
Process guidance. EPA trained rulewriters on
Federalism consultation guidance and
practices.
FY 2011 Annual Progress Report: Strengthening State, Tribal, and International Partnerships
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FY 2011 Performance Summary
Strategy 4: Strengthening State, Tribal, and International Partnerships
FY 2011 Action Plan Activity
Status/Explanation
= Activity complete
• Promote transparency through the use of the Agency's
Rulemaking Gateway and explore additional tools such as
social media and internal policies to support early
engagement and implementation of new regulations.
EPA decommissioned the Rulemaking
Gateway website in August 2011 to eliminate
features that had been considered redundant
with the federal-wide Regulations.gov
website. At the same time, EPA created the
Regulatory Development and Retrospective
Review Tracker (Reg DaRRT)
http://www.epa.gov/regdarrt/. which
provides timely information to the public
about priority regulations under development
and retrospective reviews of existing
regulations, in keeping with E.O. 13563,
"Improving Regulation and Regulatory
Review." Reg DaRRT enables our partners to
identify rules that may be of particular interest
(e.g., states, tribes, children's health).
EPA is working to more effectively utilize
contemporary networking media to reach the
Agency's key constituencies (e.g., states, EJ
communities) and enhance rulemaking
communication. For example, EPA has used
Really Simple Syndication (RSS) feeds and
discussion forums to disseminate rulemaking
information to various audiences. The
information gained from those experiences
and EPA's Social Media Policy (issued in June,
2011) will inform decisions related to which
social media venues may be most useful to
disseminate information that can inform and
engage constituents early in the rule
development process.
2. Use the National Environmental Performance Partnership
System (NEPPS) as a platform to improve EPA's working
relationship with the states (Supports Principles 1, 2, and
3).
Establish an Agency-wide taskforce to determine
parameters for worksharing, identify program elements
where worksharing can be applied, and areas where
statutes or regulations prohibit worksharing. Include
best practices and examples of worksharing in FY 2012
NPM Guidances.
The task torce was established and worked
with NPMs to review the statutes and
regulations for worksharing prohibitions. Two
prohibitions and several areas of caution were
identified. Initial findings were presented to
the EPA senior management which provided
stratetic direction for FY 2012. In addition, the
task force provided the NPMs with draft text
FY 2011 Annual Progress Report: Strengthening State, Tribal, and International Partnerships
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FY 2011 Performance Summary
Strategy 4: Strengthening State, Tribal, and International Partnerships
FY 2011 Action Plan Activity
Status/Explanation
= Activity complete
and examples of worksharing to include in
their FY 2012 NPM guidance. Two NPMs
referenced worksharing, two NPMs discussed
opportunities for flexibilty in working with
states, and one NPM included examples of
worksharing. EPA will collaborate with states
to develop worksharing best practices in FY
2012.
Complete a review of current NEPPS implementation
practices and identify potential new approaches that
may improve overall effectiveness, public credibility, and
program accountability.
Five of the six components of the review are
complete, including the reviews of: (1)
internal 2010 Program Implementation
Survey results; (2) external evaluations
(Inspector General, General Accounting Office,
National Academy of Public Administration,
etc.); (3) State-EPA Planning Pilots (2005-
2009); (4) input received from the Regions and
states during development of the NEPPS NPM
Guidance and the ongoing work of the
Environmental Council of the States' EPA
Partnership and Performance Workgroup;
and, (5) EPA's internal review of NEPPS
conducted in 2009.
The final component of the review, interviews
of EPA's Deputy Regional Administrators, is in
progress and planned for completion by the
end of the fiscal year. A draft report will be
completed in the first quarter of FY 2012.
3. Improve the effectiveness and efficiency of state-federal
interactions and facilitate the exchange of data with states
(Supports Principles 1, 2, and 3).
• Define a specific path forward in collaboration with
states for implementing the ECOS-EPA Business Process
Improvement Memorandum of Understanding, signed in
March 2010.
EPA has updated the Lean in Government
Starter Kit and has completed the new Lean
Scoping Guide (see
http://www.epa.gov/lean/government/starter
kit/ch3.htm). In addition, based on interviews
with States, EPA is : (1) working on tools to
assist EPA and states in identifying Lean
training options and process improvement
methods; and, (2) developing options to
leverage past events and identify future
events.
FY 2011 Annual Progress Report: Strengthening State, Tribal, and International Partnerships
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FY 2011 Performance Summary
Strategy 4: Strengthening State, Tribal, and International Partnerships
FY 2011 Action Plan Activity
• Implement the Exchange Network Action Plan in
collaboration with states to enhance efficiency and
improve the quality, timeliness, and accessibility of
environmental information.
• Increase state utilization of the Exchange Network to 60
percent for priority data flows by providing technical and
financial support to state partners as they transition to
the National Environmental Information Exchange
Network.
• Additional activity
4. Strengthen state-EPA shared accountability (Supports
Principles 2, 5, and 6).
• Implement integrated and strategic annual planning in
the National Pollutant Discharge Elimination System
(NPDES) permitting and enforcement program, initiated
in FY 2010 through regional-state integrated planning
meetings, by developing joint commitments that ensure
that the most significant sources of pollution and the
most serious violations identified in the planning will be
addressed through state and EPA actions. Develop with
states a set of performance criteria for NPDES permitting
and enforcement programs and implement a national
strategy to address long-standing performance issues in
state enforcement programs.
Status/Explanation
•S = Activity complete
v'
Using the Exchange Network Action Plan,
target dates have been established for full
implementation of nine of the ten priority
data flows. EPA is facilitating the transition of
states from the legacy Central Data Exchange
(CDX) web reporting application to the new
Exchange Network Services Center for air
quality and water quality data.
Increased by 59 percent the state utilization of
the Exchange Network to share environmental
data and established a new reporting system
for underground injection control program
data.
v'
Developed a State Performance Dashboard to
provide a snapshot of state performance
through a national map, which allows users to
drill down for more specific information in the
form of graphs, links to facility data, and state
audit reports. The dashboard provides
enhanced transparency and will serve as a tool
to enhance program performance (see
www.epa-echo.gov/echo).
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FY 2011 Performance Summary
Strategy 4: Strengthening State, Tribal, and International Partnerships
FY 2011 Action Plan Activity
Status/Explanation
= Activity complete
Work with tribal partners to identify the gaps in the
implementation of EPA programs in Indian country or
related to Alaska Native Villages.
EPA worked with tribal partners to develop a
phased pilot approach to identify these gaps.
While not completing this action, EPA made
progress (see Executive Summary) and will
continue this important effort in FY 2012.
• Finalize the plan to implement actions recommended by
the Tribal Environmental Measures workgroup (by July
2011).
2. Consistent with the Tribal Consultation Policy, work with
tribes to identify mutual environmental priorities (Supports
Principle 2 and 3).
• Develop guidance to the Agency on implementing EO
13175, Consultation and Coordination with Indian Tribal
Governments, supporting the Administration's
November 2009 Memorandum on Tribal Consultation.
All EPA employees complete the "Working Effectively
with Tribal Governments" training.
Tribal program staff have taken the existing
training module and, in FY 2012, EPA will
develop a shorter, more streamlined version
of the training for other EPA employees.
3. Enhance the content, accuracy, and usability of EPA
databases that gather and analyze trend data on
environmental conditions in Indian country (Supports
Principle 1).
• As part of the Tribal Data Management Strategy,
increase tribal participation in the Exchange Network (as
measured by the number of tribal data exchanges) by 20
percent.
EPA made significant progress (see Executive
Summary) but fell slightly short of target; will
continue this important effort into FY 2012.
With Other Countries
1. Develop a successor U.S. - Mexico Border Environment
Program strategic design that will address the most severe
environmental and human health issues in the border
region (Supports Principles 1 and 2).
Create an inclusive Border Drafting Committee,
including representatives from Agency regional and
program offices, Mexican Secretariat of the
Environment and Natural Resources (SEMARNAT), U.S.
Department of State, and federally recognized tribes.
Complete first draft of successor framework (by July
2011) and conduct public review sessions along the
Border.
FY 2011 Annual Progress Report: Strengthening State, Tribal, and International Partnerships
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FY 2011 Performance Summary
Strategy 4: Strengthening State, Tribal, and International Partnerships
FY 2011 Action Plan Activity
Status/Explanation
= Activity complete
2. Strengthen the working relationship between the United
Nations Environmental Program (UNEP) and EPA (Supports
Principles 1 and 2).
Lead an Agency-wide review of existing EPA-UNEP
partnership work and identify and agree on near-term
work consistent with key areas, as appropriate, through
a series of meetings across the Agency and with
program experts and UNEP staff (by November 2010).
• Develop a Memorandum of Understanding that
articulates a common vision of future EPA-UNEP work
indicating near term partnership priorities and
implementation activities (by February 2011).
3. Advance work on environmentally sustainable practices in
the lead up to the Rio 2012 Conference, which marks the
20th anniversary of the 1992 Rio Earth Summit (Supports
Principles 1 and 2).
• Develop a concrete proposal for an initiative to
promote sustainable consumption and production and
sustainable urban planning (by May 2011).
• Hold at least two meetings with the nongovernmental
community to further partnership on emerging issues
related to Rio 2012 (by June 2011).
FY 2011 Annual Progress Report: Strengthening State, Tribal, and International Partnerships
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