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EPA and the States: Environmental Challenges Require a Better Working Relationship

RCED-95-64 Published: Apr 03, 1995. Publicly Released: May 08, 1995.
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Highlights

Pursuant to a congressional request, GAO reviewed the difficulties that the Environmental Protection Agency (EPA) and the states have in implementing federal environmental protection requirements, focusing on the: (1) reasons for these difficulties; and (2) ways EPA and the states can improve their ability to carry out the requirements.

Recommendations

Recommendations for Executive Action

Agency Affected Recommendation Status
Environmental Protection Agency The Administrator, EPA, should direct its program offices to periodically work with the states--within the limitations of existing environmental laws--to identify how each state's limited funds can be most efficiently and effectively allocated within each program to address the states' highest-priority environmental problems.
Closed – Implemented
EPA's oversight reform package includes an environmental performance agreement that is based on a joint planning and priority-setting dialogue between EPA and individual states. EPA began this agreement, the National Environmental Performance Partnership System (NEPPS), in May 1995 and has negotiated individual agreements with most states. Similar activities take place with other states.
Environmental Protection Agency The Administrator, EPA, should direct its program offices to determine the extent to which variations in state standards, enforcement procedures, and other key functions reflect the appropriate exercise of flexibility authorized by law or are inappropriate and warrant corrective measures. Where inappropriate inconsistencies are deemed to exist, the Administrator should direct the program offices to issue guidance to the regions (or use other mechanisms) to ensure the fair and consistent implementation of national requirements.
Closed – Implemented
As part of the NEPPS process, EPA is considering how best to adjust oversight practices to ensure acceptable levels of consistency while accounting for individual state differences.
Environmental Protection Agency The Administrator, EPA, should direct its regions to periodically negotiate, with each state, a level of oversight that takes into account the ability of the state to fulfill its environmental program obligations (e.g., its track record in meeting key program requirements or its staffing and funding for meeting future requirements). As a general rule, however, the Administrator should encourage regional oversight to focus on achieving improvements in environmental quality--as measured by reliable environmental indicators--without prescribing in detail how the states are to achieve these results.
Closed – Implemented
The concepts of differential oversight and the use of environmental indicators are central to a number of EPA oversight reform actions. The NEPPS includes joint planning and priority setting, increased use of environmental goals and indicators, and oversight tailored to state performance. EPA has taken action to develop and refine environmental indicators, which will be central to differential oversight.
Environmental Protection Agency The Administrator, EPA, should direct its program and regional offices to: (1) consult the states as early as possible on key issues before important policy decisions are made; and (2) use their unique position vis-a-vis state environmental agencies to facilitate the sharing of information on issues of interest and concern (e.g., innovative approaches to deal with common problems) among these agencies.
Closed – Implemented
Among the initiatives in which EPA has sought to improve communications by increasing state participation are the Common Sense Initiative and the Environmental Leadership Program. The hallmark of NEPPS is more and better communications with the states, and improved state participation in policy making. More frequent conference calls and meetings with state leaders to discuss major issues have also been made.
Environmental Protection Agency The Administrator, EPA, should direct the Office of State and Local Relations (or other office deemed appropriate) to track and periodically report to the Administrator on EPA and the states' progress in addressing the recommendations.
Closed – Implemented
The Office of Regional Operations, State/Local Relations coordinates and monitors the agency's efforts to implement NEPPS. EPA has established internal mechanisms at the senior management and staff levels to ensure coordination.

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Topics

Air pollutionEnvironmental legislationEnvironmental monitoringEnvironmental policiesFederal aid to statesFederal regulationsstate relationsState-administered programsWater pollutionPotable water