[Federal Register Volume 62, Number 8 (Monday, January 13, 1997)]
[Notices]
[Pages 1752-1753]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-745]


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ENVIRONMENTAL PROTECTION AGENCY
[FRL-5676-1]


Notice of Public Meeting on the National Performance Measures 
Strategy for Enforcement and Compliance Assurance

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice of public meeting to solicit suggestions for innovative, 
supplemental measures of enforcement and compliance assurance program 
performance; develop a common understanding with partners and 
stakeholders about a set of national measures and the steps necessary 
to implement them (based on the state of national compliance); and 
discuss how to carry out an implementation plan to put the new set of 
measures into practice.

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SUMMARY: The Environmental Protection Agency (EPA) is announcing a 
public meeting on Monday, February 3, 1997, in Washington, D.C., which 
will be devoted to the National Performance Measures Strategy for 
Enforcement and Compliance Assurance. The focus of the meeting will be 
to hear presentations and statements from a cross-section of 
stakeholders about innovative approaches to measuring enforcement and 
compliance assurance program performance.

DATES: The meeting date will take place on Monday, February 3, 1997, 
from 8:30 a.m to 5:00 p.m.

ADDRESSES: The public meeting will take place on Monday, February 3, 
1997, at the Holiday Inn Historic District Alexandria, 625 First 
Street, Alexandria, Virginia, 22314 (703-548-6300).

FOR FURTHER INFORMATION CONTACT: James McDonald, U.S. Environmental 
Protection Agency, Office of Compliance, 401 M Street, S.W. (2201A), 
Washington, D.C., 20460; telephone (202) 564-4043, fax (202) 501-0701.

SUPPLEMENTARY INFORMATION:

I. Background

    For many years, EPA has counted annual enforcement outputs (e.g., 
inspections conducted, number of civil and criminal cases, penalties 
assessed) as the predominant measure of performance for the enforcement 
and compliance assurance program. While these outputs will continue to 
be used as an important measure of environmental enforcement, EPA seeks 
additional measures to assess the status and trends of regulatory 
compliance, as well as environmental improvements resulting from 
enforcement and compliance assurance activities. This need was 
recognized during the enforcement reorganization in 1993, and a 
commitment was made during that process to develop additional measures. 
In addition, the requirements of the Government Performance and Results 
Act (GPRA) offer an opportunity to review and improve performance 
measures.
    For almost three years, the Office of Enforcement and Compliance 
Assurance (OECA) has been taking steps to improve its performance 
measures for enforcement and compliance assurance activities. During 
that time, OECA: (1) convened a Measures of Success Work Group 
comprised of EPA and Regional officials, (2) developed and implemented 
a Case Conclusion Data Sheet (CCDS) to gather new types of information 
about completed cases, (3) developed and implemented a reporting 
measure for compliance assistance activities, and (4) realigned single-
media data bases to enable reporting of enforcement data by industry 
sector.
    Through these steps, OECA has made progress in developing an 
enhanced set of performance measures. Specifically, OECA is now able to 
supplement traditional enforcement output measures with other measures, 
including: (1) actions taken by violators to return to compliance, (2) 
quantitative environmental impact and qualitative environmental benefit 
of those actions, (3) types, amounts, and impact of compliance 
assistance activities, and (4) industry-specific compliance rates. 
These elements were fully operational together for the first time in FY 
96, and the results of these efforts are being compiled in a national 
accomplishments report. However, OECA recognizes further improvements 
can, and should, be made with regard to reporting the state of national 
compliance and trends of environmental enforcement and compliance.
    The purpose of this notice is to reach out for new ideas from EPA's 
regulatory partners (i.e., State, Tribal, and Local governments) and 
interested stakeholders. As described below, EPA plans to initiate this 
effort with a national meeting.

II. The National Performance Measures Strategy

    The purpose of the National Performance Measures Strategy is to 
develop and implement an enhanced set of performance measures for the 
enforcement and compliance assurance program. The Strategy includes: 
(1) soliciting new ideas from regulatory partners and stakeholders for 
more meaningful and sophisticated measures of program performance, (2) 
developing a common understanding with regulatory partners and 
stakeholders about a set of national measures and the short- and long-
term steps necessary to implement them, and (3) carrying out an 
implementation plan to put the new set of measures into practice.
    The Strategy includes the following elements:
    1. Conduct dialogue with regulatory partners, including senior EPA 
Headquarters and Regional managers, State officials, and a Department 
of Justice representative, to assist with implementation of the 
Strategy
    2. Hold initial public meetings to present objectives of the 
Strategy and key measurement issues and hear presentations and 
statements from a cross-section of stakeholders (by March 1, 1997)
    3. Meet with sets of stakeholders during FY 97 to discuss ideas and 
proposals for improved measures and/or conduct meetings of mixed 
stakeholders in various locations (between March and June 1997)
    4. Meet with other Federal regulatory and law enforcement agencies 
to learn about new performance measurement approaches being used in 
enforcement and compliance programs (between March and June 1997)
    5. Hold a ``capstone'' conference with a cross-section of 
stakeholders at the end of the outreach process to identify common 
understandings, areas of agreement, and unresolved issues (by mid-
September 1997)
    6. Develop a report of findings and an implementation plan with a 
schedule (by October 1, 1997)
    7. Implement new ideas and approaches in accordance with the 
schedule.

III. Agenda/Focus Topics for Public Meeting

    EPA is interested in hearing and considering ideas from regulatory 
partners and a wide range of

[[Page 1753]]

stakeholders regarding the state of compliance and additional ways to 
measure the performance of EPA's enforcement and compliance assurance 
program. EPA accepts the idea that its current approach of counting 
annual enforcement outputs needs to be supplemented by other approaches 
that measure improvements in environmental quality and the state of 
compliance. As such, the Agency wants to focus the outreach effort on 
identifying and implementing new approaches rather than on the 
limitations of its current approach.
    Stakeholders and regulatory partners are asked to focus on the 
following issues of special interest to EPA:
    1. What innovative approaches are being used (or could be used) by 
other environmental agencies, other regulatory agencies, and law 
enforcement agencies to measure the effects of their enforcement and 
compliance assurance programs?
    2. What innovative approaches are being used by regulated 
facilities, companies, or trade groups and associations to measure the 
effect of their efforts to achieve and maintain compliance and protect 
the environment?
    3. What can EPA use to measure the impact of its enforcement and 
compliance assurance program in low-income/ minority population 
communities?
    4. How can EPA measure industry performance in complying with 
environmental laws and regulations?
    5. How can EPA measure the deterrent effect of its enforcement-
related activities, including conducting inspections, taking 
enforcement actions, and publicizing those actions?
    6. How can EPA measure the impact of compliance assistance 
activities and compliance incentives, such as its audit and self-
disclosure policy?

IV. Information for Participants

    Stakeholders and Tribal, State, and Local entities are encouraged 
to offer ideas and proposals through submission of written comments, 
participation in the public meeting organized by EPA, or both. Persons 
interested in speaking, presenting information, or otherwise expressing 
comments at this meeting should send or fax their name, affiliation, 
phone number, topic, and a brief statement describing their 
presentation to Michelle Angelich, Science Applications International 
Corporation, 1710 Goodridge Drive, MS 1-11-8, McLean, Virginia, 22102; 
telephone 703-821-4432, fax 703-903-1373 by January 24, 1997. Persons 
wishing to submit pre-filed testimony may also send or fax such 
material to Ms. Angelich. Speakers will be notified of their time slots 
or panel assignments once the final format is determined. This meeting 
will be open to the public as space permits, and a transcript of the 
proceedings will be prepared.

    Dated: January 7, 1997.
Steven A. Herman,
Assistant Administrator, Office of Enforcement and Compliance 
Assurance.
[FR Doc. 97-745 Filed 1-10-97; 8:45 am]
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