For example, the discussions at the State/EPA Capacity Steering Committee, which formed in 1993, led to the 1995 NEPPS
Plan, "which uses negotiated state performance agreements 'to increase state participation and flexibility, while improving EPA's working relationship with the states and reducing the costs of implementing federal environmental statutes.'" Christopher Terranova, Challenging Agency Preemption 8 n.40 (Working Paper, May 12, 2009) (quoting FLA.
The EPA never asked for statutory authority for XL or NEPPS
. The Quincy Library Group did persuade Congress to direct the Forest Service to implement the local plan, but the agency refused on the grounds that the local plan was inconsistent with other statutes and planning processes.
EPA formalized a new partnership with states in 1995, when EPA Administrator Carol Browner and several state officials signed a Joint Commitment to Reform Oversight and Create a National Environmental Performance Partnership System (NEPPS) (discussed in the final section of this article).
Moreover, Agranoff's observations about the ability of states to seek new venues for collaboration apply to the creation of the Environmental Council of the States as well as NEPPS. The next section briefly explores how environmental federalism has changed under a new presidential administration.
Rechtschaffen and Markell also observe that, at least thus far, the NEPPS
framework has had only a modest impact on the enforcement relationship between the states and EPA.
(41) See http://www.epa.gov/ocirpage/nepps/ for information regarding NEPPS
Three environmental innovations - EPA's Project XL, Minnesota's self-audit strategy, and NEPPS - illustrate how the new management approaches attempt to create new options for regulated entities while also ensuring accountability to the public.
In perhaps its boldest reinvention experiment, EPA signed an agreement with the states in 1995 that created NEPPS, which attempts to establish more effective, efficient, and flexible relationships between EPA and state environmental management agencies.
The NEPPS commitment, signed by Administrator Browner and state environmental program leaders on 17 May 1995, is designed to give states with strong environmental programs more flexibility, both in program operations and in spending authority, and also to allow EPA to concentrate its oversight and technical assistance efforts on weaker state programs.(20) This objective is consistent with most recent assessments of state environmental capabilities.
Two important elements within the NEPPS merit special notice.
(32) See [http://www.epa.gov/ocirpage/nepps/] for information regarding NEPPS
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