[Federal Register Volume 64, Number 40 (Tuesday, March 2, 1999)]
[Notices]
[Pages 10144-10145]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-4970]


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ENVIRONMENTAL PROTECTION AGENCY

[FRL-6305-6]


Environmental Enforcement and Compliance Assurance Activities

AGENCY: Environmental Protection Agency (EPA).

ACTION: Request for comments.

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SUMMARY: The Environmental Protection Agency (EPA), Office of 
Enforcement and Compliance Assurance (OECA) requests comments on its 
current efforts to protect public health and the environment through 
its national compliance and enforcement program and to solicit ideas on 
how it can further improve public health and the environment through 
new compliance and enforcement initiatives.

DATES: Written comments must be received by EPA on or before April 16, 
1999.

ADDRESSES: Comments should be submitted in writing to the Enforcement 
and Compliance Docket and Information Center (2201A), Office of 
Enforcement and Compliance Assurance, U.S. Environmental Protection 
Agency, 401 M Street, SW., Washington DC 20460 or via electronic mail 
to [email protected]. Interested parties may obtain copies of 
``Protecting Your Health and the Environment Through Innovative 
Approaches to Compliance--Highlights from the Past 5 Years'' as well as 
summaries of conference discussions (available in late March) through 
the OECA website at http://www.epa.gov/oeca/polguid/oeca5sum.html or by 
contacting the Enforcement and Compliance Docket and Information Center 
at 202-564-2614 or 202-564-2119.

FOR FURTHER INFORMATION CONTACT: Peter Rosenberg (202-564-2611), Office 
of Enforcement and Compliance Assurance, Enforcement Capacity and 
Outreach Office (2201A), U.S. Environmental Protection Agency, 401 M 
Street, SW., Washington, DC 20460.

SUPPLEMENTARY INFORMATION: In late 1994, EPA reorganized its 
enforcement and compliance operations to improve their effectiveness in 
ensuring compliance with national environmental laws. Along with 
recognition that maintaining a strong enforcement presence is an 
important means of deterring potential violators, the reorganization 
reflects a belief in the value of complementary approaches in achieving 
compliance with public health and environmental laws. Enforcement 
functions were consolidated in a single office (OECA) to ensure an 
efficient and effective media-specific and multi-media enforcement 
program. Major new compliance assistance programs were put in place to 
foster compliance with public health and environmental assistance laws. 
OECA has invested a considerable amount of its time and resources in 
new programs and policies to achieve its vision of a strong, integrated 
enforcement and compliance assurance program. An array of new tools has 
been developed that are designed to promote compliance with the 
Nation's environmental laws. Among these initiatives are EPA's nine 
compliance assistance centers that provide industrial sector-based 
assistance to small businesses and others seeking to comply with the 
law, its Small Business Policy and a similar self-audit policy for all 
companies which provide incentives for discovery of violations and 
prompt disclosure and correction, and the National Performance Measures 
Strategy, a new approach toward measuring compliance and related 
environmental benefits. These efforts have benefitted tremendously from 
extensive involvement of Americans from all walks of life--State, 
Tribal and local governments, businesses, professional groups, academia 
and citizens.
    OECA is interested in the views of its various stakeholders on the 
actions it has taken over the past five years to make its enforcement 
and compliance programs more effective and to solicit ideas on how it 
can further improve public health and the environment through 
compliance assurance efforts. On January 26, 1999 and on February 3, 
1999, OECA hosted conferences entitled ``Protecting Public Health and 
the Environment Through Innovative Approaches to Compliance'' in 
Washington, D. C. and in San Francisco, CA., respectively. In addition 
to a plenary roundtable discussion on how well OECA's innovative 
compliance and enforcement approaches have been working, participants 
representing the broad range of stakeholders gathered in small group 
discussions to address specific questions related to compliance 
assistance, information and accountability, compliance incentives, and 
innovative approaches to enforcement. In addition to the ideas offered 
during these conferences, OECA is interested in obtaining written 
comments from other stakeholders on the topics and key questions posed 
at the conferences. Upon receipt and consideration of the comments 
offered, OECA plans to issue a report,

[[Page 10145]]

summarizing the comments received and actions it intends to take in 
response.

Compliance Assistance

Small Business Compliance Challenges and Approaches to Promoting 
Compliance

     Is EPA developing the types of compliance assistance tools 
and compliance and enforcement policies that small businesses need?
     What additional activities should EPA undertake to promote 
compliance by small businesses?

Appropriate Roles of the States, Tribes, Localities and the Federal 
Government With Regard to Providing Compliance Assistance

     What should be the relative role of the Federal 
government, States, Tribes, localities and the private sector, with 
regard to providing compliance assistance? On what activities should 
their efforts be focused?
     What should be EPA's role with regard to providing 
compliance assistance? Where should Federal efforts be focused?

Integrated Compliance Assistance and Enforcement Approaches

     What types of compliance strategies are most effective for 
small businesses?

Information and Accountability

Making Valuable Enforcement and Compliance Information Publicly 
Available

     What enforcement and compliance assurance information is 
useful and valuable to the public? Who is in a position to provide the 
information? What is it about this information that makes it valuable?
     What are the most appropriate means for making valuable 
information publicly available?
     Given that much of EPA's information originates from 
external sources (e.g. states and regulated community), how can we best 
ensure the quality of the information?
Compliance Incentives

Compliance Incentives For Top Performers in the Field: What's the Right 
Mix of Elements of Incentives to Encourage Top Performers?

     Who is a top performer?
     Should rewards, recognition, or other special treatment be 
given to top performers?
     If so, what incentives should be conferred for what 
behaviors?

Encouraging Self-Evaluation and Correction

     How has EPA's principal compliance incentive, the Audit/
Self-Policing Policy, worked over the three years it has been in place?
     How can it be improved?

Inspections and Enforcement as Compliance Motivators

     What influences or motivates companies to improve 
compliance and overall environmental performance? What specific actions 
or programs would you suggest be adopted by government to motivate 
companies to comply?
     How can EPA and the States use the full range of tools 
available, including inspections, enforcement, compliance assistance 
and compliance incentives, to maximize compliance with environmental 
requirements and foster improved environmental performance?

Innovative Approaches to Enforcement

     How effective are EPA enforcement policies in assuring a 
fair and reasonably consistent response to violations that are either 
self-disclosed, or discovered through traditional enforcement actions?
     How important is deterrence to compliance?
     What role should enforcement play in securing compliance 
with high-risk violations like wet weather discharges, and failure to 
permit and control air pollutants and RCRA wastes?
     Do EPA settlement policies obtain the maximum 
environmental benefit, consistent with fair treatment of defendants and 
maintaining deterrence?
     How can EPA better educate the regulated community as to 
how to avoid common types of violations?
     How should EPA best integrate compliance assistance, 
incentives, and enforcement actions into one coherent strategy? Are 
incentive and assistance programs more effective when combined with the 
perceived risk of enforcement actions?

    Dated: February 19, 1999.
Sylvia Lowrance,
Principal Deputy Assistant Administrator,
Office of Enforcement and Compliance Assurance.
[FR Doc. 99-4970 Filed 3-1-99; 8:45 am]
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