Common use of Environmental Protection Agency Role Clause in Contracts

Environmental Protection Agency Role. ‌ Under most of the programs covered by the CEPPA, the U.S. Congress gave EPA the initial responsibility for development and implementation. Many of these statutes also contain Congressional preference for delegation of the program to the states when states demonstrate capacity to carry them out. The federal resources for program development and management are given to EPA annually by Congress. EPA has developed various mechanisms for implementation of the programs in partnership with the states. Given the evolving nature of this partnership, there will continue to be coordinated planning and priority setting between EPA and Colorado. These joint activities will occur as part of the development of future partnership agreements and on a more long-term, strategic basis. FEDERAL-ONLY ACTIVITY In some cases, implementation of environmental programs is primarily a federal role. Some examples include non-delegated programs, certain Indian Country issues and interstate problems. Even so, many of these activities require support and activity by CDPHE. One example is the Emergency Planning and Community Right-to-Know Act program that is directly implemented by EPA, but relies heavily on state information and data. DEVELOPMENT OF NATIONAL PROGRAM STRUCTURE AND STANDARDS EPA is responsible, through its statutory management and rule-making authority, for determining the federal management structure for the program and minimum national standards. For many environmental programs, national standards have been set for the country. EPA must ensure that the efforts of all states are used to achieve baseline environmental quality throughout the country and require that states adhere to a minimum set of national environmental standards. In addition, EPA facilitates resolution of interstate issues. Federal activity is geared to monitor consistency, national trends and federal initiatives when standards are not met. RESEARCH AND DEVELOPMENT Often, the standards and guidance, which are developed by EPA, are the result of research and development, which it has undertaken and/or funded. Development and testing of innovative technologies and similar initiatives are valuable components of many environmental programs. TECHNICAL ASSISTANCE EPA often provides technical assistance that may not be available to a particular state program. For example, EPA assists in building state capability to implement federal environmental programs by providing clear statements of policy and guidance, and delivering assistance and training on new regulations and national priorities. Additionally, EPA will assist CDPHE when requested, by providing technical information from other states, reviewing proposed engineering treatment processes, researching data, conducting risk assessments and facilitating peer review and peer matching. For EPA activities that will not require a major commitment of federal resources, EPA personnel will be available on an ongoing basis. For activities that will require a major commitment of EPA resources, that role will be described in the program-specific tables and work plans in the later chapters of this CEPPA. WORKSHARING EPA will work to identify opportunities for enhanced worksharing and resource and workload flexibility in instances where budget reductions may negatively impact state programs. ENFORCEMENT, COMPLIANCE AND ENVIRONMENTAL JUSTICE EPA performs essential enforcement and compliance assurance functions in order to ensure the protection of public health and the environment, and to assure that polluters do not gain a competitive advantage over those regulated entities that comply with federal environmental regulations. The core EPA functions include: setting national priorities, monitoring compliance on a national basis, assuring national consistency in the implementation and enforcement of federal environmental requirements, taking enforcement actions against regulated entities with significant noncompliance at facilities in several states or against sources where releases to the environment threaten the health or environment of another state or country, or where states do not address particular violations, EPA offers incentives for violators to come into and remain in compliance, conducting compliance assistance for high-priority sectors and federally-implemented program and evaluating state performance. For national programs that are not delegated to the state and for new regulations and policies, EPA will perform compliance assurance activities such as the development of compliance assistance materials and services tailored to promote compliance within high priority sectors. It will address compliance problems in federally implemented programs, and publicize and explain new regulatory requirements. In delegated programs, such materials and services should be delivered by the state. EPA will promote environmental compliance and pollution prevention in the federal sector through enforcement, technical and compliance assistance activities. Careful administration of compliance assistance, pollution prevention, and enforcement will be directed toward the overall goal of achieving increased compliance and reducing risk in all priority areas. EPA and CDPHE agree to follow the State Review Framework elements one through thirteen in reviewing and assessing state compliance activities and programs. The review will be done once every three years beginning in FY 2007 for programs determined to be adequate, the most current review occurred in FY 2010. RESOURCES In addition to the programmatic and technical assistance provided, many of the programs covered by this CEPPA are partially funded by federal grants administered by EPA. EPA is accountable to Congress for the expenditure of these resources consistent with federal law and grant agreements. SPECIAL PROJECTS/INITIATIVES The President, the Administrator of the EPA, or the Regional Administrator may identify particular initiatives or projects, which are a high priority. EPA works with state agencies and others to implement projects or initiatives that the state is interested in pursuing. CROSS-CUTTING INITIATIVES The EPA Region 8 office will be working with EPA Headquarters, the state and local communities in several cross-cutting areas. EPA has identified a number of cross-cutting areas within its strategic themes. These themes include energy, agriculture, revitalization, mercury and ensuring adequate investment in state capacity. Other cross-cutting areas include ecosystem protection, pollution prevention, reinventing environmental management, environmental management systems, environmental justice, environmental accountability, partnerships and strong science and data. Cross-cutting activities found within these themes include community-based environmental protection, industrial sector compliance activities, integrated environmental data systems and funding to achieve equitable environmental results. VERIFICATION OF STATE PERFORMANCE (OVERSIGHT) EPA works jointly with the state to set forth the procedures for reviewing state and EPA accomplishments and issues annually and at the end of the PPA cycle, grant reporting requirements and other assessments. Through the assessment process, EPA works with the state to evaluate accomplishments, discuss progress, make adjustments to meet commitments in the current PPA and plan for future efforts. EPA is ultimately responsible for ensuring that grant requirements, including program commitments, have been met. In cases where EPA delegates implementation authority for environmental programs to a state, it must also ensure that the state meets the requirements of the delegation. This distinct oversight role is necessary for EPA to carry out its unique federal responsibilities as reflected in the items above. EPA will review CDPHE performance and evaluate it against national environmental statutes, regulations and pertinent fiscal/grant requirements (see Chapters 7 and 8: Fiscal and Oversight Chapters). In instances of effective state performance, the EPA oversight role lessens. In instances of less than satisfactory performance, the EPA oversight role increases. In both scenarios, EPA must ensure compliance with environmental laws and determine its level of activity accordingly.

Environmental Protection Agency Role. ‌ Under most of the programs covered by the CEPPA, the U.S. Congress gave EPA the initial responsibility for development and implementation. Many of these statutes also contain Congressional preference for delegation of the program to the states when states demonstrate capacity to carry them out. The federal resources for program development and management are given to EPA annually by Congress. EPA has developed various mechanisms for implementation of the programs in partnership with the states. Given the evolving nature of this partnership, there will continue to be coordinated planning and priority setting between EPA and Colorado. These joint activities will occur as part of the development of future partnership agreements and on a more long-term, strategic basis. FEDERAL-ONLY ACTIVITY In some cases, implementation of environmental programs is primarily a federal role. Some examples include non-delegated programs, certain Indian Country issues and interstate problems. Even so, many of these activities require support and activity by CDPHE. One example is the Emergency Planning and Community Right-to-Know Act program that is directly implemented by EPA, but relies heavily on state information and data. DEVELOPMENT OF NATIONAL PROGRAM STRUCTURE AND STANDARDS EPA is responsible, through its statutory management and rule-making authority, for determining the federal management structure for the program and minimum national standards. For many environmental programs, national standards have been set for the country. EPA must ensure that the efforts of all states are used to achieve baseline environmental quality throughout the country and require that states adhere to a minimum set of national environmental standards. In addition, EPA facilitates resolution of interstate issues. Federal activity is geared to monitor consistency, national trends and federal initiatives when standards are not met. RESEARCH AND DEVELOPMENT Often, the standards and guidance, which are developed by EPA, are the result of research and development, which it has undertaken and/or funded. Development and testing of innovative technologies and similar initiatives are valuable components of many environmental programs. TECHNICAL ASSISTANCE EPA often provides technical assistance that may not be available to a particular state program. For example, EPA assists in building state capability to implement federal environmental programs by providing clear statements of policy and guidance, and delivering assistance and training on new regulations and national priorities. Additionally, EPA will assist CDPHE when requested, by providing technical information from other states, reviewing proposed engineering treatment processes, researching data, conducting risk assessments and facilitating peer review and peer matching. For EPA activities that will not require a major commitment of federal resources, EPA personnel will be available on an ongoing basis. For activities that will require a major commitment of EPA resources, that role will be described in the program-specific tables and work plans in the later chapters of this CEPPA. WORKSHARING EPA will work to identify opportunities for enhanced worksharing and resource and workload flexibility in instances where budget reductions may negatively impact state programs. ENFORCEMENT, COMPLIANCE AND ENVIRONMENTAL JUSTICE EPA performs essential enforcement and compliance assurance functions in order to ensure the protection of public health and the environment, and to assure that polluters do not gain a competitive advantage over those regulated entities that comply with federal environmental regulations. The core EPA functions include: setting national priorities, monitoring compliance on a national basis, assuring national consistency in the implementation and enforcement of federal environmental requirements, taking enforcement actions against regulated entities with significant noncompliance at facilities in several states or against sources where releases to the environment threaten the health or environment of another state or country, or where states do not address particular violations, EPA offers incentives for violators to come into and remain in compliance, conducting compliance assistance for high-priority sectors and federally-implemented program and evaluating state performance. For national programs that are not delegated to the state and for new regulations and policies, EPA will perform compliance assurance activities such as the development of compliance assistance materials and services tailored to promote compliance within high priority sectors. It will address compliance problems in federally implemented programs, and publicize and explain new regulatory requirements. In delegated programs, such materials and services should be delivered by the state. EPA will promote environmental compliance and pollution prevention in the federal sector through enforcement, technical and compliance assistance activities. Careful administration of compliance assistance, pollution prevention, and enforcement will be directed toward the overall goal of achieving increased compliance and reducing risk in all priority areas. EPA and CDPHE agree to follow the State Review Framework elements one through thirteen in reviewing and assessing state compliance activities and programs. The review will be done once every three years beginning in FY 2007 for programs determined to be adequate, the . The most current review occurred in FY 20102010 and was completed in 2012. The FY2013 SRF review process is underway. RESOURCES In addition to the programmatic and technical assistance provided, many of the programs covered by this CEPPA are partially funded by federal grants administered by EPA. EPA is accountable to Congress for the expenditure of these resources consistent with federal law and grant agreements. SPECIAL PROJECTS/INITIATIVES The President, the Administrator of the EPA, or the Regional Administrator may identify particular initiatives or projects, which are a high priority. EPA works with state agencies and others to implement projects or initiatives that the state is interested in pursuing. CROSS-CUTTING INITIATIVES The EPA Region 8 office will be working with EPA Headquarters, the state and local communities in several cross-cutting areas. EPA has identified a number of cross-cutting areas within its strategic themes. These themes include energy, agriculture, revitalization, mercury and ensuring adequate investment in state capacity. Other cross-cutting areas include ecosystem protection, pollution prevention, reinventing environmental management, environmental management systems, environmental justice, environmental accountability, partnerships and strong science and data. Cross-cutting activities found within these themes include community-based environmental protection, industrial sector compliance activities, integrated environmental data systems and funding to achieve equitable environmental results. VERIFICATION OF STATE PERFORMANCE (OVERSIGHT) EPA works jointly with the state to set forth the procedures for reviewing state and EPA accomplishments and issues annually and at the end of the PPA cycle, grant reporting requirements and other assessments. Through the assessment process, EPA works with the state to evaluate accomplishments, discuss progress, make adjustments to meet commitments in the current PPA and plan for future efforts. EPA is ultimately responsible for ensuring that grant requirements, including program commitments, have been met. In cases where EPA delegates implementation authority for environmental programs to a state, it must also ensure that the state meets the requirements of the delegation. This distinct oversight role is necessary for EPA to carry out its unique federal responsibilities as reflected in the items above. EPA will review CDPHE performance and evaluate it against national environmental statutes, regulations and pertinent fiscal/grant requirements (see Chapters 7 and 8: Fiscal and Oversight Chapters). In instances of effective state performance, the EPA oversight role lessens. In instances of less than satisfactory performance, the EPA oversight role increases. In both scenarios, EPA must ensure compliance with environmental laws and determine its level of activity accordingly.

Environmental Protection Agency Role. ‌ Under most of the programs covered by the CEPPA, the U.S. Congress gave EPA the initial responsibility for development and implementation. Many of these statutes also contain Congressional preference for delegation of the program to the states when states demonstrate capacity to carry them out. The federal resources for program development and management are given to EPA annually by Congress. EPA has developed various mechanisms for implementation of the programs in partnership with the states. Given the evolving nature of this partnership, there will continue to be coordinated planning and priority setting between EPA and Colorado. These joint activities will occur as part of the development of future partnership agreements and on a more long-term, strategic basis. FEDERAL-ONLY ACTIVITY In some cases, implementation of environmental programs is primarily a federal role. Some examples include non-delegated programs, certain Indian Country issues and interstate problems. Even so, many of these activities require support and activity by CDPHE. One example is the Emergency Planning and Community Right-to-Know Act program that is directly implemented by EPA, but relies heavily on state information and data. DEVELOPMENT OF NATIONAL PROGRAM STRUCTURE AND STANDARDS EPA is responsible, through its statutory management and rule-making authority, for determining the federal management structure for the program and minimum national standards. For many environmental programs, national standards have been set for the country. EPA must ensure that the efforts of all states are used to achieve baseline environmental quality throughout the country and require that states adhere to a minimum set of national environmental standards. In addition, EPA facilitates resolution of interstate issues. Federal activity is geared to monitor consistency, national trends and federal initiatives when standards are not met. RESEARCH AND DEVELOPMENT Often, the standards and guidance, which are developed by EPA, are the result of research and development, which it has undertaken and/or funded. Development and testing of innovative technologies and similar initiatives are valuable components of many environmental programs. TECHNICAL ASSISTANCE EPA often provides technical assistance that may not be available to a particular state program. For example, EPA assists in building state capability to implement federal environmental programs by providing clear statements of policy and guidance, and delivering assistance and training on new regulations and national priorities. Additionally, EPA will assist CDPHE when requested, by providing technical information from other states, reviewing proposed engineering treatment processes, researching data, conducting risk assessments and facilitating peer review and peer matching. For EPA activities that will not require a major commitment of federal resources, EPA personnel will be available on an ongoing basis. For activities that will require a major commitment of EPA resources, that role will be described in the program-specific tables and work plans in the later chapters of this CEPPA. WORKSHARING EPA will work to identify opportunities for enhanced worksharing and resource and workload flexibility in instances where budget reductions may negatively impact state programs. ENFORCEMENT, COMPLIANCE AND ENVIRONMENTAL JUSTICE EPA performs essential enforcement and compliance assurance functions in order to ensure the protection of public health and the environment, and to assure that polluters do not gain a competitive advantage over those regulated entities that comply with federal environmental regulations. The core EPA functions include: setting national priorities, monitoring compliance on a national basis, assuring national consistency in the implementation and enforcement of federal environmental requirements, taking enforcement actions against regulated entities with significant noncompliance at facilities in several states or against sources where releases to the environment threaten the health or environment of another state or country, or where states do not address particular violations, EPA offers incentives for violators to come into and remain in compliance, conducting compliance assistance for high-priority sectors and federally-implemented program and evaluating state performance. For national programs that are not delegated to the state and for new regulations and policies, EPA will perform compliance assurance activities such as the development of compliance assistance materials and services tailored to promote compliance within high priority sectors. It will address compliance problems in federally implemented programs, and publicize and explain new regulatory requirements. In delegated programs, such materials and services should be delivered by the state. EPA will promote environmental compliance and pollution prevention in the federal sector through enforcement, technical and compliance assistance activities. Careful administration of compliance assistance, pollution prevention, and enforcement will be directed toward the overall goal of achieving increased compliance and reducing risk in all priority areas. State RCRA, CWA, CAA and PWSS enforcement program performance will be evaluated as described in the Region 8 State Enforcement Performance Oversight Protocol and as described in the state-specific State Oversight Plan. EPA and CDPHE agree to follow the revised State Review Framework elements one through thirteen five in reviewing and assessing state compliance activities and programs. The review will be done once every three four to five years beginning in FY 2007 for programs determined to be adequate, the . The most current review of FY 2010 performance occurred in FY 20102011 and was completed in 2012. RESOURCES In addition The next SRF review of FY 2015 performance is scheduled to the programmatic and technical assistance provided, many of the programs covered by this CEPPA are partially funded by federal grants administered by EPA. EPA is accountable to Congress for the expenditure of these resources consistent with federal law and grant agreements. SPECIAL PROJECTS/INITIATIVES The President, the Administrator of the EPA, or the Regional Administrator may identify particular initiatives or projects, which are a high priority. EPA works with state agencies and others to implement projects or initiatives that the state is interested take place in pursuing. CROSS-CUTTING INITIATIVES The EPA Region 8 office will be working with EPA Headquarters, the state and local communities in several cross-cutting areas. EPA has identified a number of cross-cutting areas within its strategic themes. These themes include energy, agriculture, revitalization, mercury and ensuring adequate investment in state capacity. Other cross-cutting areas include ecosystem protection, pollution prevention, reinventing environmental management, environmental management systems, environmental justice, environmental accountability, partnerships and strong science and data. Cross-cutting activities found within these themes include community-based environmental protection, industrial sector compliance activities, integrated environmental data systems and funding to achieve equitable environmental results. VERIFICATION OF STATE PERFORMANCE (OVERSIGHT) EPA works jointly with the state to set forth the procedures for reviewing state and EPA accomplishments and issues annually and at the end of the PPA cycle, grant reporting requirements and other assessments. Through the assessment process, EPA works with the state to evaluate accomplishments, discuss progress, make adjustments to meet commitments in the current PPA and plan for future efforts. EPA is ultimately responsible for ensuring that grant requirements, including program commitments, have been met. In cases where EPA delegates implementation authority for environmental programs to a state, it must also ensure that the state meets the requirements of the delegation. This distinct oversight role is necessary for EPA to carry out its unique federal responsibilities as reflected in the items above. EPA will review CDPHE performance and evaluate it against national environmental statutes, regulations and pertinent fiscal/grant requirements (see Chapters 7 and 8: Fiscal and Oversight Chapters). In instances of effective state performance, the EPA oversight role lessens. In instances of less than satisfactory performance, the EPA oversight role increases. In both scenarios, EPA must ensure compliance with environmental laws and determine its level of activity accordingly.FY 2016..

Environmental Protection Agency Role. ‌ Under most of the programs covered by the CEPPA, the U.S. Congress gave EPA the initial responsibility for development and implementation. Many of these statutes also contain Congressional preference for delegation of the program to the states when states demonstrate capacity to carry them out. The federal resources for program development and management are given to EPA annually by Congress. EPA has developed various mechanisms for implementation of the programs in partnership with the states. Given the evolving nature of this partnership, there will continue to be coordinated planning and priority setting between EPA and Colorado. These joint activities will occur as part of the development of future partnership agreements and on a more long-term, strategic basis. FEDERAL-ONLY ACTIVITY In some cases, implementation of environmental programs is primarily a federal role. Some examples include non-delegated programs, certain Indian Country issues and interstate problems. Even so, many of these activities require support and activity by CDPHE. One example is the Emergency Planning and Community Right-to-Know Act program that is directly implemented by EPA, but relies heavily on state information and data. DEVELOPMENT OF NATIONAL PROGRAM STRUCTURE AND STANDARDS EPA is responsible, through its statutory management and rule-making authority, for determining the federal management structure for the program and minimum national standards. For many environmental programs, national standards have been set for the country. EPA must ensure that the efforts of all states are used to achieve baseline environmental quality throughout the country and require that states adhere to a minimum set of national environmental standards. In addition, EPA facilitates resolution of interstate issues. Federal activity is geared to monitor consistency, national trends and federal initiatives when standards are not met. RESEARCH AND DEVELOPMENT Often, the standards and guidance, which are developed by EPA, are the result of research and development, which it has undertaken and/or funded. Development and testing of innovative technologies and similar initiatives are valuable components of many environmental programs. TECHNICAL ASSISTANCE EPA often provides technical assistance that may not be available to a particular state program. For example, EPA assists in building state capability to implement federal environmental programs by providing clear statements of policy and guidance, and delivering assistance and training on new regulations and national priorities. Additionally, EPA will assist CDPHE when requested, by providing technical information from other states, reviewing proposed engineering treatment processes, researching data, conducting risk assessments and facilitating peer review and peer matching. For EPA activities that will not require a major commitment of federal resources, EPA personnel will be available on an ongoing basis. For activities that will require a major commitment of EPA resources, that role will be described in the program-specific tables and work plans in the later chapters of this CEPPA. WORKSHARING EPA will work to identify opportunities for enhanced worksharing and resource and workload flexibility in instances where budget reductions may negatively impact state programs. ENFORCEMENT, COMPLIANCE AND ENVIRONMENTAL JUSTICE EPA performs essential enforcement and compliance assurance functions in order to ensure the protection of public health and the environment, and to assure that polluters do not gain a competitive advantage over those regulated entities that comply with federal environmental regulations. The core EPA functions include: setting national priorities, monitoring compliance on a national basis, assuring national consistency in the implementation and enforcement of federal environmental requirements, taking enforcement actions against regulated entities with significant noncompliance at facilities in several states or against sources where releases to the environment threaten the health or environment of another state or country, or where states do not address particular violations, EPA offers incentives for violators to come into and remain in compliance, conducting compliance assistance for high-priority sectors and federally-federally- implemented program and evaluating state performance. For national programs that are not delegated to the state and for new regulations and policies, EPA will perform compliance assurance activities such as the development of compliance assistance materials and services tailored to promote compliance within high priority sectors. It will address compliance problems in federally implemented programs, and publicize and explain new regulatory requirements. In delegated programs, such materials and services should be delivered by the state. EPA will promote environmental compliance and pollution prevention in the federal sector through enforcement, technical and compliance assistance activities. Careful administration of compliance assistance, pollution prevention, and enforcement will be directed toward the overall goal of achieving increased compliance and reducing risk in all priority areas. State RCRA, CWA, CAA and PWSS enforcement program performance will be evaluated as described in the Region 8 State Enforcement Performance Oversight Protocol and as described in the state-specific State Oversight Plan. EPA and CDPHE agree to follow the revised State Review Framework elements one through thirteen five in reviewing and assessing state compliance activities and programs. The review will be done once every three four to five years beginning in FY 2007 for programs determined to be adequate, the . The most current review of FY 2010 performance occurred in FY 20102011 and was completed in 2012. The next SRF review of FY 2015 performance is scheduled to take place in FY 2016. RESOURCES In addition to the programmatic and technical assistance provided, many of the programs covered by this CEPPA are partially funded by federal grants administered by EPA. EPA is accountable to Congress for the expenditure of these resources consistent with federal law and grant agreements. SPECIAL PROJECTS/INITIATIVES The President, the Administrator of the EPA, or the Regional Administrator may identify particular initiatives or projects, which are a high priority. EPA works with state agencies and others to implement projects or initiatives that the state is interested in pursuing. CROSS-CUTTING INITIATIVES The EPA Region 8 office will be working with EPA Headquarters, the state and local communities in several cross-cutting areas. EPA has identified a number of cross-cutting areas within its strategic themes. These themes include energy, agriculture, revitalization, mercury and ensuring adequate investment in state capacity. Other cross-cutting areas include ecosystem protection, pollution prevention, reinventing environmental management, environmental management systems, environmental justice, environmental accountability, partnerships and strong science and data. Cross-cutting activities found within these themes include community-based environmental protection, industrial sector compliance activities, integrated environmental data systems and funding to achieve equitable environmental results. VERIFICATION OF STATE PERFORMANCE (OVERSIGHT) EPA works jointly with the state to set forth the procedures for reviewing state and EPA accomplishments and issues annually and at the end of the PPA cycle, grant reporting requirements and other assessments. Through the assessment process, EPA works with the state to evaluate accomplishments, discuss progress, make adjustments to meet commitments in the current PPA and plan for future efforts. EPA is ultimately responsible for ensuring that grant requirements, including program commitments, have been met. In cases where EPA delegates implementation authority for environmental programs to a state, it must also ensure that the state meets the requirements of the delegation. This distinct oversight role is necessary for EPA to carry out its unique federal responsibilities as reflected in the items above. EPA will review CDPHE performance and evaluate it against national environmental statutes, regulations and pertinent fiscal/grant requirements (see Chapters 7 and 8: Fiscal and Oversight Chapters). In instances of effective state performance, the EPA oversight role lessens. In instances of less than satisfactory performance, the EPA oversight role increases. In both scenarios, EPA must ensure compliance with environmental laws and determine its level of activity accordingly.