[Federal Register Volume 72, Number 27 (Friday, February 9, 2007)]
[Notices]
[Pages 6239-6241]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-2179]


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ENVIRONMENTAL PROTECTION AGENCY

[FRL-8277-5]


Stakeholder Comment on Proposed National Enforcement and 
Compliance Assurance; Priorities for Fiscal Years 2008, 2009 and 2010

AGENCY: Environmental Protection Agency (EPA).

ACTION: Solicitation of recommendations and comments.

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SUMMARY: This Notice is a Federal Agency request for the public to 
comment and provide recommendations on triennial national enforcement 
and compliance assurance priorities to be addressed for fiscal years 
2008, 2009 and 2010. EPA intends to consider information submitted by 
commentors during the priority identification process. Final priority 
selections are generally incorporated into the EPA's Office of 
Enforcement and Compliance Assurance Workplanning Guidance (which 
provides national program direction for all EPA Regional offices). 
These priorities also affect implementation of the enforcement and 
compliance goals and objectives outlined in the EPA Strategic Plan, as 
mandated under the Government Performance and Results Act.

DATES: The Agency must receive comments and recommendations in writing 
on or before March 12, 2007.

ADDRESSES: Submit your comments, referencing docket ID number EPA-HQ-
OECA-2007-0066, electronically using http://www.regulations.gov (our 
preferred method) or by e-mail to [email protected], or by mail to: 
EPA Docket Center (EPA/DC), Environmental Protection Agency, 
Enforcement and Compliance Docket and Information Center, mail code 
(2201T), 1200 Penn. Ave., NW., Washington, DC 20460.

FOR FURTHER INFORMATION CONTACT: Nicholas Franco, Director, National 
Planning Measures and Analysis Staff; telephone: (202) 564-0113 or 
facsimile: (202) 564-0027.

SUPPLEMENTARY INFORMATION:

Contents

A. Background
B. Projected Time Frames

A. Background

    EPA's Office of Enforcement and Compliance Assurance (OECA) selects 
multi-year national priorities focusing on specific environmental 
problems, risks, or patterns of noncompliance. A performance-based 
strategy is developed for each national priority to characterize

[[Page 6240]]

the problem and set goals for addressing it. The intent of this Notice 
is to invite comments from the public on EPA's enforcement and 
compliance assurance priorities for the years 2008-2010 and provide a 
summary of the process EPA used to identify this proposed list of 
National Priorities.
    This past summer, EPA Regions were asked to review the national 
priority selection criteria to help inform their recommendations on 
which priorities, in part or in whole, EPA should continue through FY 
2010. In addition, the EPA Regions discussed the priorities with the 
states and tribes, to get their opinion on whether the existing 
priorities should be continued, in part or in whole, for the next three 
fiscal years.
    States and tribes were also encouraged to put forward any new 
suggestions for priorities that they would like to see considered at a 
national level. Feedback to date from EPA Regions, states and tribes 
has been generally supportive of continuing with the existing set of 
national priorities. OECA uses the following criteria to select 
national priorities:
    (a) Significant Environmental Benefit. Can significant 
environmental benefits be gained, or risks to human health or the 
environment be reduced through focused EPA action directed at specific 
regulated entities, geographic areas, industrial or governmental 
sectors, or environmental program areas?
    (b) Pattern of Noncompliance. Are there identifiable and important 
patterns of noncompliance among specific regulated entities, industrial 
or governmental sectors, in geographic areas, or within environmental 
statutes or programs?
    (c) Appropriate EPA Responsibility. Are the environmental risks, 
human health risks or the patterns of noncompliance sufficient in scope 
and scale such that EPA is best suited to take action or pursue a 
collaborative approach in which EPA leverages other resources?
    The proposed set of FY 2008-2010 national priorities are shown 
below.
     Clean Water Act--Stormwater.
     Clean Water Act--Combined Sewer Overflow.
     Clean Water Act--Sanitary Sewer Overflow.
     Clean Water Act--Concentrated Animal Feeding Operations.
     Clean Air Act--New Source Review/Prevention of Significant 
Deterioration.
     Clean Air Act--Air Toxics.
     RCRA & CERCLA--Financial Assurance.
     RCRA--Mining & Mineral Processing.
     Tribal.
    The FY 2005-2007 Petroleum Refining priority will not continue into 
FY 2008-2010 as a national priority. The priority has met its primary 
goal of addressing 80% of the national refining capacity. It is 
important to note that discontinuation as a national priority does not 
mean that the Agency will no longer focus on these areas, but rather 
the work will continue as part of the Agency's core program activities.
    The table below includes a brief description of the environmental 
problem in each priority area. Greater detail and background 
information on each priority area can be found at http://www.epa.gov/compliance/data/planning/priorities/index.html. Information on end of 
year results for the Office of Enforcement and Compliance Assurance, 
including national priorities, can be found at http://epa.gov/compliance/data/results/annual/fy2006.html.

                           National Priorities
------------------------------------------------------------------------
               Priority                        Nature of concern
------------------------------------------------------------------------
Clean Water Act--Stormwater..........  Stormwater runoff from urban
                                        areas can include a variety of
                                        pollutants, such as sediment,
                                        bacteria, organic nutrients,
                                        hydrocarbons, metals, oil and
                                        grease.
Clean Water Act--Combined Sewer        Combined sewer systems are
 Overflow.                              designed to collect rainwater
                                        runoff, domestic sewage and
                                        industrial wastewater in the
                                        same pipe. During periods of
                                        rainfall or snow melt, the
                                        wastewater volume in a combined
                                        sewer system can exceed the
                                        capacity of the system or
                                        treatment plant, leading to an
                                        overflow.
Clean Water Act--Sanitary Sewer        The main pollutants in raw sewage
 Overflow.                              from SSOs are bacteria,
                                        pathogens, nutrients, untreated
                                        industrial wastes, toxic
                                        pollutants, such as oil and
                                        pesticides, and wastewater
                                        solids and debris.
Clean Water Act--Concentrated Animal   The major environmental problem
 Feeding Operations.                    associated with CAFOs is the
                                        large volume of animal waste
                                        generated in concentrated areas.
                                        Pollutants associated with
                                        animal waste primarily include
                                        nutrients, mainly nitrogen and
                                        phosphorus, but animal waste may
                                        also include organic matter,
                                        solids, pathogens, pesticides,
                                        antibiotics, hormones, salts and
                                        various trace elements
                                        (including metals). If manure
                                        and wastewater are not properly
                                        managed, pollutants can be
                                        released into the environment
                                        through discharges from manure
                                        storage areas or land
                                        application.
Clean Air Act--New Source Review/      Ensuring that New Source Review
 Prevention of Significant              (NSR) and Prevention of
 Deterioration.                         Significant Deterioration (PSD)
                                        requirements of the Clean Air
                                        Act (CAA) are implemented.
                                        Failure to comply with NSR/PSD
                                        requirements results in
                                        inadequate control of emissions,
                                        thereby contributing thousands
                                        of unaccounted tons of pollution
                                        each year, particularly of
                                        Nitrogen Oxides, Volatile
                                        Organic Compounds, and
                                        Particulate Matter.
Clean Air Act--Air Toxics............  Reduce the public exposure to
                                        toxic air emissions by ensuring
                                        compliance with the Maximum
                                        Achievable Control Technology
                                        (MACT) standards.
RCRA & CERCLA--Financial Assurance...  Strengthen compliance with RCRA &
                                        CERCLA financial assurance
                                        requirements to ensure that
                                        persons handling hazardous waste
                                        have adequate funds to close
                                        facilities, cleanup any
                                        releases, and compensate any
                                        affected parties.
RCRA--Mining and Mineral Processing..  Reducing risk to health and the
                                        environment by achieving
                                        increased compliance rates
                                        throughout the mineral
                                        processing and mining sectors
                                        and by ensuring that harm is
                                        being appropriately addressed
                                        through compliance assistance
                                        and enforcement.

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Tribal...............................  Tribal members face significant
                                        threats to human health and the
                                        environment posed by pollution
                                        of the air, water, and land in
                                        Indian country and other tribal
                                        areas, including in Alaska,
                                        where federally-recognized
                                        tribes and tribal members have
                                        recognized rights and interests
                                        protected by treaty, statute,
                                        judicial decisions, and other
                                        authorities. A diverse spectrum
                                        of regulated facilities exists
                                        in Indian country, including
                                        drinking water and wastewater
                                        treatment systems, manufacturing
                                        facilities, facilities
                                        discharging pollutants into the
                                        air or water, facilities
                                        storing, treating or disposing
                                        of solid or hazardous waste,
                                        abandoned waste sites, and other
                                        pollution sources.
National Priority returned to Core     Using compliance and enforcement
 Program--Petroleum Refining.           tools to reduce air emissions
                                        and eliminate unpermitted
                                        releases from operable domestic
                                        petroleum refineries. This
                                        priority has met its goal of
                                        addressing 80% of refinery
                                        capacity, and therefore, is
                                        returning to the core program.
------------------------------------------------------------------------

    At this time we are inviting comments on this list of national 
priorities and welcome recommendations on other areas that you think 
should be considered as national priority candidates. EPA intends to 
consider public comments as we develop a limited number of recommended 
FY 2008-2010 priorities. When submitting responses to this Notice, 
commentors should rank which of the areas listed above should be a top 
concern for national focus, as well as suggest others not included on 
the current list. If additional problem areas are identified, the 
commentor should provide supporting information relating to the 
previously listed criteria. Suggested priority areas that are not 
chosen may be candidates for individual Regional or State attention 
and/or continued investigation. Direct your comments to Docket ID No. 
EPA-HQ-OECA-2007-0066. Please ensure that your comments are submitted 
within the specified comment period. Comments received after the 
closing date will be marked ``late,'' and may only be considered if 
time permits. It is EPA's policy to include all comments it receives in 
the public docket without change and to make the comments available 
online at http://www.regulations.gov, including any personal 
information provided, unless a comment includes information claimed to 
be Confidential Business Information (CBI) or other information whose 
disclosure is restricted by statute. Do not submit information that you 
consider to be CBI or otherwise protected through www.regulations.gov 
or e-mail. The www.regulations.gov Web site is an ``anonymous access'' 
system, which means EPA will not know your identity or contact 
information unless you provide it in the body of your comment. If you 
send an e-mail comment directly to EPA without going through 
www.regulations.gov, your e-mail address will be automatically captured 
and included as part of the comment that is placed in the public docket 
and made available on the Internet. If you submit an electronic 
comment, EPA recommends that you include your name and other contact 
information in the body of your comment and with any disk or CD-ROM you 
submit. If EPA cannot read your comment due to technical difficulties 
and cannot contact you for clarification, EPA may not be able to 
consider your comment. Electronic files should avoid the use of special 
characters, any form of encryption, and be free of any defects or 
viruses. For additional information about EPA's public docket visit the 
EPA Docket Center homepage at http://www.epa.gov/epahome/dockets.htm.

B. Projected Time Frames

    After receiving comments in response to this Notice, we expect to 
complete an analysis of proposed priorities and provide a list of final 
recommendations to OECA's Assistant Administrator for approval. EPA 
will share the final recommendations with the Regions, states and 
tribes in a subsequent Federal Register Notice this spring. OECA 
expects to issue its final FY2008 Work Planning Guidance, which will 
include the final list of 2008-2010 national priorities, in April 2007.

    Dated: February 6, 2007.
Michael M. Stahl,
Director, Office of Compliance, Office of Enforcement and Compliance 
Assurance.
[FR Doc. E7-2179 Filed 2-8-07; 8:45 am]
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