In 1990, EPA provided an additional $202,872 grant to IOGCC to begin conducting reviews of state programs against the guidelines. A State Review Committee was formed. A questionnaire was developed which was to be completed by a state that was to be reviewed. The questionnaire summarized information concerning the state program in a manner that facilitated comparison to the guidelines. In 1991, Governor Mike Sullivan of Wyoming was Chairman of IOGCC, and he volunteered Wyoming as the first state to be reviewed. In 1992, Pennsylvania, Oklahoma and Alaska were reviewed. In 1992, EPA provided $452,006 to support state reviews, and for updating and revising the guidelines. In 1993, reviews were conducted in California, Texas, Kansas, Arkansas and West Virginia.
As the reviews continued, a process evolved. IOGCC staff provided support services, distributed materials, and assured consistency in the drafting of reports. To begin the process, IOGCC provided a lengthy questionnaire to the state that had volunteered to be reviewed. This questionnaire requested responses from all state agencies having a role in E&P waste management. An individual from one of the state agencies coordinated the responses. The questionnaire provided the review team with summary insight into the state=s legislation, regulations, policies and practices. Documents supporting the responses were provided.
Review teams were comprised of two to four state regulatory officials, a representative of a national environmental organization, and a representative of the oil and gas industry. Review team members were nominated by each of the interest groups, and were resident of a state other than the state being reviewed. In addition to the review team members, a local environmental representative and a local industry representative were invited to participate as official observers. Representative from the regional EPA office, DOE, the Bureau of Land Management, and an Indian nation if one existed within the boundaries of the state, were also invited as observers. These observers offered guidance to the review team, but did not take part in the report writing that followed.
IOGCC provided review team members and observers with a copy of the completed questionnaire and supporting documents. These documents were provided prior to the in-state review.
The in-state review, which generally lasted a week, involved the detailed examination of the state=s E&P waste management program. Staff from the state agencies under review described program requirements, provided clarification of program functions and activities, and responded to questions of review team members and observers. Through this process, the team gained an in-depth understanding of the state=s E&P waste regulatory program and of circumstances or conditions unique to that state. The state program elements were measured against the Guidelines to determine if the necessary program elements were in place. Implementation of the program and compliance with the requirements were not measured.
After the in-state review was completed, the review team prepared a draft report that summarized the state program. Each team member was responsible for writing specific sections of the report, and for including all issues identified by all review team members. The draft report was sent to the state regulatory agencies that were reviewed and to the observers to verify the accuracy of the description of program components. After receiving those comments, the team prepared a final report that identified program strengths and identified areas of concern or weakness. No criticism was allowed without stating why a practice was not effective and without suggesting ways to improve the practice. All issues identified were included in the report, including issues on which the team did not reach consensus. The final report was published and distributed by IOGCC.
State reviews were conducted only in states that volunteered for review. IOGCC coordinated the reviews. Rules of participation were adopted to govern the conduct and commitment of review team participants. The reviews were conducted in a spirit of cooperation. The process allowed experts from outside the state to examine E&P waste management programs in an objective manner and to offer constructive recommendations for program improvements. Recommendations were not binding on the state, but offered a blueprint for changes to be considered by state legislators and regulators.
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