[Federal Register Volume 63, Number 242 (Thursday, December 17, 1998)]
[Notices]
[Pages 69627-69628]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-33478]


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ENVIRONMENTAL PROTECTION AGENCY

[FRL-6204-7]


Registration and Agreement for Clean Water Act Section 301 
Compliance Audit Program for the Pork Production Industry

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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SUMMARY: The Environmental Protection Agency (EPA) and the National 
Pork Producers Council (NPPC) have agreed to a comprehensive and 
voluntary Clean Water Act Compliance Audit Program (CAP). The NPPC, 
which represents pork producers nationally, plans to have independent 
auditors conduct more than 10,000 of the audits nationwide to improve 
environmental management practices and assure compliance with the Clean 
Water Act. The Clean Water Act CAP provides incentives for pork 
producers to undertake voluntary comprehensive on-farm environment 
assessments by greatly reducing penalties for any Clean Water Act 
violations that are promptly disclosed and corrected under this 
program. Participation in the NPPC audits or CAP process is voluntary. 
This Notice announces the opportunity for pork producers to register 
for EPA's Clean Water Act Section 301 Compliance Audit Program (CAP) 
for the Pork Production Industry. This Notice also announces the 
availability of the text of the Agreement (CAP Agreement), which 
producers may sign to register for the program.

DATES: Producers with existing pork production facilities must register 
for the CAP agreement by Sept. 30, 2001. For facilities that are 
completed after Sept. 30, 2001, producers must register by Sept. 30, 
2003. Persons interested in participating in the CAP must register by 
sending a signed CAP Agreement to EPA before the end of the applicable 
registration period.

ADDRESSES: Copies of the CAP Agreement text may be obtained from http:/
/www.epa.gov/oeca/ore/porkcap. Pork producers who want to register for 
the program can contact their local pork producers' organization or the 
National Pork Producers Council, at 1776 NW 114th St., Clive, Iowa 
50325, Attention: Andy Baumert; Phone: (515) 223-2600.

FOR FURTHER INFORMATION CONTACT: Additional information about the CAP 
and the CAP Agreement is available from EPA by contacting Ciannat M. 
Howett, Office of Enforcement and Compliance Assurance, Office of 
Regulatory Enforcement, Water Enforcement Division (Mailcode: 2243-A), 
Environmental Protection Agency, 401 M Street, SW, Washington, DC 
20460. Pork producers who want additional information about the CAP 
Agreement can contact their local pork producers' organization or the 
National Pork Producers Council, at 1776 NW 114th St., Clive, Iowa 
50325, Attention: Andy Baumert; Phone: (515) 223-2600.

SUPPLEMENTARY INFORMATION: The Clean Water Act Compliance Audit Program 
(CAP) provides incentives for pork producers to have comprehensive on-
farm environmental assessments conducted on their pork production 
facilities. The purpose of the assessments is to determine whether pork 
production facilities are conforming with good environmental management 
practices for this industry and to assess compliance with the Federal 
Clean Water Act.
    The National Pork Producers Council (NPPC), which represents pork 
producers nationally, is proposing to have independent auditors conduct 
these on-farm environmental assessments at more than 10,000 of the 
producers' facilities. EPA hopes to encourage this voluntary 
environmental assessment by substantially reducing civil penalties for 
violations that are promptly disclosed and corrected as a result of 
these audits. The program provides certainty regarding EPA's response 
to reported violations.
    This program was developed after the NPPC approached EPA to propose 
an environmental assessment program for the industry. The NPPC audit 
protocol establishes a rigorous evaluation process for reviewing pork 
production facilities that is designed to assure the protection of our 
nation's waterways by improving environmental management controls at 
pork farms throughout the United States. The CAP is the result of an 
agreement between EPA and the NPPC that provides reasonable incentives 
for pork producers without compromising EPA's and the States' ability 
to consistently and appropriately enforce the law. This voluntary 
program demonstrates how government and industry can come together to 
find

[[Page 69628]]

practical and resourceful solutions for reducing waste runoff into our 
nation's rivers, lakes and streams.
    NPPC's audit procedure is known as the On-Farm Odor/Environmental 
Assistance Program, referred to as the ``On-Farm Environmental 
Assessment'' for purposes of the CWA Section 301 Compliance Audit 
Program being announced today. The Assessment process involves a 
detailed review and on-site inspection of pork production facilities 
and waste handling methods by trained, independent assessors. EPA has 
evaluated the NPPC assessment process and found it to be a useful tool 
for assessing CWA compliance and improving environmental practices at 
pork production facilities. NPPC has committed to encouraging producers 
to participate in the program, ensuring the availability of the On-Farm 
Environmental Assessment process to producers who wish to participate, 
and promoting high-quality assessments by well-trained assessors. NPPC 
will also serve as coordinator for the On-Farm Environmental Assessment 
program and as liaison between participating producers and assessors by 
scheduling assessments; assigning assessment teams to conduct 
particular assessments; gathering preliminary information about the 
production facilities; and ensuring that the assessment teams conduct 
audits and promptly prepare Assessment Reports (as described in the CAP 
Agreement) for the producers.
    The CAP is open to all pork producers in the country, but excludes 
slaughterhouses, pork processing and packing facilities, or areas of 
ancillary operations such as equipment or feed storage or cropland--
other than cropland used for land application of swine waste. In 
coordination with NPPC, EPA has developed a nationwide enforcement 
agreement (``CAP Agreement'') that is available to any pork producer 
who takes part in the NPPC environmental assessment program. To be 
eligible for the CAP program, participating pork producers must 
identify and report Clean Water Act (CWA) violations within 120 days of 
the start of an assessment, and correct them within specified 
timetables (depending on the violation). The auditor must certify that 
the assessment was conducted properly according to the protocol, 
producers must certify that the report submitted to EPA is complete and 
accurate, and an auditor or licensed engineer must certify that the 
report is complete and accurate.
    Producers that report and correct the violations within the 
timetable and otherwise comply with the CAP Agreement are eligible for 
reduced penalties. Penalties are based on economic benefit and range 
from $250 to $10,000 for violations, with a maximum cap of $40,000. As 
an additional incentive to quickly correct violations, the agreement 
provides even greater penalty reductions to producers who correct 
violations within shorter timeframes. There is one exception to the 
fixed penalty provisions. In those instances (which EPA expects to be 
rare) where the producer has almost wholly failed to invest in ordinary 
animal waste pollution control facilities (such as by failing to 
construct any waste storage pits or lagoons) no fixed penalty will be 
available, but instead EPA may seek to recover the economic benefit to 
the producer of its non-compliance up to $40,000. Nonparticipating pork 
producers could face civil penalties of up to $27,500 per day for CWA 
violations identified independently by EPA.
    However, there are some limitations to the CAP. It applies only to 
Clean Water Act NPDES violations. The CAP Agreement would not apply to 
violations already discovered by EPA or a State, or that are already 
the subject of a citizen suit action. The program also reserves EPA's 
ability to pursue injunctive relief when there is a discharge and where 
there is an ``imminent and substantial'' endangerment under section 504 
of the Clean Water Act, and to recommend prosecution for criminal 
conduct. Furthermore, EPA may impose penalties and seek all other 
available remedies where a pork producer fails to comply with the CAP 
Agreement. The program does not relieve the producer from the 
obligation to comply with all CWA permits, regulations and other 
applicable environmental laws and regulations.
    EPA will consult closely with the States in determining whether 
discharges under the program meet the requirements of the Agreement. 
States may elect to administer the CAP Agreement; in those cases, EPA 
would refer any CWA violation disclosures to the State for 
consideration and response under the terms of the CAP agreement. EPA 
strongly encourages any NPDES-approved State to implement the CAP 
Agreement with respect to producers located within the State. In order 
to implement the agreement, States should contact Brian J. Maas, Office 
of Enforcement and Compliance Assurance, Office of Regulatory 
Enforcement, Water Enforcement Division (Mailcode: 2243-A), 
Environmental Protection Agency, 401 M Street, SW Washington, DC, 
20460, or the appropriate Regional office and enter into a written 
agreement with EPA to comply with the terms of the CAP Agreement with 
respect to each registering producer. States implementing the agreement 
will receive all reports of completed Assessments from producers, as 
well as any reports of violations pursuant to the CAP. These States 
will also enter into the Consent Agreements/Orders to accomplish 
enforcement with regard to the violations reported under the CAP.
    In addition to promoting this nationwide On-Farm Environmental 
Assessment program, the CAP announced today will provide a streamlined 
enforcement mechanism that will help obtain CWA compliance by numerous 
facilities without overwhelming EPA's enforcement resources. Because 
enforcement under the CAP Agreement will include corrective action, the 
program is expected to provide significant environmental benefits.
    Industry representatives and EPA believe that this program will 
result in On-Farm Environmental Assessments at well over 10,000 pork 
production facilities, comprising most of the large (over 1000 animal 
units) and medium-sized (over 300 animal units) facilities in the 
United States. Together these facilities account for approximately 80% 
of U.S. pork production. The program thus promises to provide EPA with 
a substantially stronger national compliance assurance and enforcement 
effort than would otherwise be achievable. This program will also allow 
EPA to concentrate its enforcement resources on producers that choose 
not to participate in the CWA Section 301 Compliance Audit Program. 
Such non-participating producers should be aware that EPA intends to 
actively pursue violations of the Clean Water Act at pork production 
facilities.
    Producers with existing pork production facilities must register 
for the CAP agreement by Sept. 30, 2001. For facilities that are 
completed after Sept. 30, 2001, producers must register by Sept. 30, 
2003. Pork producers who want to register for the program can contact 
their local pork producers' organization or the National Pork Producers 
Council, at (515) 223-2600.

    Dated: December 9, 1998.
Brian J. Maas,
Office of Enforcement and Compliance Assurance.
[FR Doc. 98-33478 Filed 12-16-98; 8:45 am]
BILLING CODE 6560-50-P