STRONGERSTRONGERStateState Review Review ProcessProcess

Presentation to the EPA Presentation to the EPA

May 2005 May 2005

Lori WrotenberyLori Wrotenbery

1980 RCRA Amendments1980 RCRA Amendments EPA study (1986-87)EPA study (1986-87) EPA regulatory determination (1988)EPA regulatory determination (1988)

Found state and federal regulation to be Found state and federal regulation to be generally adequategenerally adequate

Recognized regulatory gaps and inadequate Recognized regulatory gaps and inadequate enforcementenforcement

Developed a three-pronged approach:Developed a three-pronged approach: Improve existing programs under RCRA, Safe Improve existing programs under RCRA, Safe

Drinking Water Act, and Clean Water ActDrinking Water Act, and Clean Water Act Work with states to improve their programsWork with states to improve their programs Work with Congress on any additional Work with Congress on any additional

legislation that might be neededlegislation that might be needed

State Review ProcessState Review Process

1989 - IOGCC Council on Regulatory Needs1989 - IOGCC Council on Regulatory Needs 1990 - Published first Guidelines and began 1990 - Published first Guidelines and began

state reviews state reviews State-by-state reviews of regulatory programs State-by-state reviews of regulatory programs

against the published Guidelinesagainst the published Guidelines Conducted by multi-interest stakeholder teams Conducted by multi-interest stakeholder teams Result in written report of findings and Result in written report of findings and

recommendations recommendations 30 reviews of 19 state programs conducted to 30 reviews of 19 state programs conducted to

datedate

Purposes of State Purposes of State ReviewsReviews

To evaluate state oil and gas programs against To evaluate state oil and gas programs against published Guidelinespublished Guidelines

To measureTo measure the effectiveness of program the effectiveness of program implementationimplementation

To document program strengthsTo document program strengths To identify and recommend areas for state program To identify and recommend areas for state program

improvementimprovement To share new or innovative program elementsTo share new or innovative program elements To increase the understanding of the regulatory To increase the understanding of the regulatory

process by all stakeholdersprocess by all stakeholders To promote consistency among state programs, To promote consistency among state programs,

while allowing flexibility to address unique while allowing flexibility to address unique circumstancescircumstances

2000 Guidelines 2000 Guidelines

Section 1………IntroductionSection 1………IntroductionSection 2.……...Scope of the Guidelines CriteriaSection 2.……...Scope of the Guidelines CriteriaSection 3………General CriteriaSection 3………General CriteriaSection 4………Administrative CriteriaSection 4………Administrative CriteriaSection 5………Technical CriteriaSection 5………Technical CriteriaSection 6………Abandoned SitesSection 6………Abandoned SitesSection 7………NORMSection 7………NORMSection 8………Performance MeasuresSection 8………Performance MeasuresSection 9………Recommendation for Future WorkSection 9………Recommendation for Future Work

2005 Guidelines 2005 Guidelines RevisionsRevisions

Updating and ClarificationUpdating and Clarification Enhanced Oilfield Spill Risk ManagementEnhanced Oilfield Spill Risk Management Enhanced Program Performance MeasurementEnhanced Program Performance Measurement Storm Water ManagementStorm Water Management

Stormwater GuidelinesStormwater Guidelines

New section of GuidelinesNew section of Guidelines Drafted by stakeholder team with state, Drafted by stakeholder team with state,

industry, and public interest participationindustry, and public interest participation State programs may be rule-based or rely on State programs may be rule-based or rely on

operator-specific plansoperator-specific plans STRONGER may place links to state and other STRONGER may place links to state and other

BMPs on its website as a resourceBMPs on its website as a resource

Guidelines Revision Guidelines Revision TimetableTimetable

Draft Guidelines published May 1, 2005Draft Guidelines published May 1, 2005 Comments requested by June 17, 2005Comments requested by June 17, 2005 Revised draft to be published by AugustRevised draft to be published by August Review by IOGCC in SeptemberReview by IOGCC in September Implementation of new Guidelines beginning in Implementation of new Guidelines beginning in

20062006

State Review Process State Review Process StrengthsStrengths Guidelines standards established by stakeholdersGuidelines standards established by stakeholders Guidelines recognize regional differencesGuidelines recognize regional differences Focus on program performanceFocus on program performance Reviews performed by multiple stakeholder teamsReviews performed by multiple stakeholder teams Reviews document program strengths and Reviews document program strengths and opportunities for improvementopportunities for improvement Follow-up reviews are conductedFollow-up reviews are conducted Process can fill regulatory gapsProcess can fill regulatory gaps Process is a model for evaluation of other Process is a model for evaluation of other environmental regulatory programsenvironmental regulatory programs