[Federal Register Volume 75, Number 1 (Monday, January 4, 2010)]
[Notices]
[Pages 146-148]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-31042]


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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OECA-2009-0986; FRL-9098-3]


Public Comment on Candidate National Enforcement and Compliance 
Assurance Priorities for Fiscal Years 2011-2013

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice of public comment Period.

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SUMMARY: The Environmental Protection Agency (EPA) is soliciting public 
comment and recommendations on enforcement and compliance national 
priorities to be addressed for fiscal years 2011-2013. EPA selects 
these priority areas every three years in order to focus federal 
resources on the most important environmental problems where 
noncompliance is a significant contributing factor.
    The U.S. Environmental Protection Agency, Office of Enforcement and 
Compliance Assurance is collecting external comment on the following 
preliminary set of national priority candidates for FY 2011-2013 listed 
on our Web site: http://www.epa.gov/compliance/data/planning/priorities/index.html.
    This preliminary list is based on analysis of proposals received 
from states, EPA staff, tribes, and on-line public comments. 
Enforcement national priorities are not limited to those priority 
candidates on the above Web site and the public is invited to propose 
additional areas for consideration. Comments will be considered as part 
of the process EPA uses to identify and select enforcement and 
compliance national priorities. Final priority selection will be 
incorporated into the EPA Office of Enforcement and Compliance 
Assurance National Program Manager Guidance that provides national 
program direction for all EPA regional offices released in April 2010. 
EPA will consider these comments as it moves forward in the decision-
making process, but will not respond to all comments received.

DATES: Comments must be received on or before January 19, 2009.

ADDRESSES: Information in support of this Notice of Public Comment is 
available via the Internet at: http://www.epa.gov/compliance/data/planning/priorities/index.html.
    Submit your comments via http://www.regulations.gov, identified by 
Docket ID No. EPA-HQ-OECA-2009-0986; FRL-9098-3. Follow the on-line 
instructions for submitting comments.
    Instructions: Direct your comments to Docket ID No. EPA-HQ-OECA-
2009-0986. EPA's policy is that all comments received will be included 
in the public docket without change and may be made available online at 
http://www.regulations.gov, including any personal information 
provided, unless the 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 http://www.regulations.gov. The http://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 http://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 can not 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 FURTHER INFORMATION CONTACT: Christopher Knopes, Director, National 
Planning, Measures, and Analysis Staff, Office of Enforcement and 
Compliance Assurance, Mail Code: M2221A, Environmental Protection 
Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460; telephone 
number: 202-564-2337; fax number: 202-564-0027; e-mail address: 
[email protected].

SUPPLEMENTARY INFORMATION:

I. What Are EPA Enforcement and Compliance National Priorities?

    The Environmental Protection Agency (EPA) is voluntarily soliciting 
public comment and recommendations on enforcement and compliance 
national priorities to be addressed for fiscal years 2011-2013. EPA 
selects these priorities every three years in order to focus federal 
resources on the most important environmental problems where 
noncompliance is a significant contributing factor. Enforcement and 
compliance national priorities are selected according to three 
criteria: (1) Environmental impact; (2) Significant noncompliance; (3) 
Appropriate federal role. These selection criteria will be used to make 
decisions on enforcement and compliance priorities for 2011-2013. The 
priorities do not impose any legally binding requirements on any 
outside parties.

II. On What Is EPA Requesting Comment?

    The U.S. Environmental Protection Agency, Office of Enforcement and 
Compliance Assurance, is collecting external comment on a set of 
candidate enforcement and compliance priorities for FY 2011-2013. 
http://www.epa.gov/compliance/data/planning/priorities/index.html. This 
preliminary list of candidate enforcement and compliance national 
priorities is based on analysis of proposals received from states, EPA 
staff, tribes, and on-line public comments. Enforcement national 
priorities are not limited to those priorities described on the above 
Web site. The public is invited to propose additional areas for 
consideration.
    The Office of Enforcement and Compliance Assurance is committed to 
identifying a limited number of national priorities. Some current 
priority areas may be carried forward or refined during FY 2011-2013. 
For additional information on current FY 2008-2010 national priorities, 
please visit the Web site listed above.

III. How Was the Preliminary List of Enforcement National Priorities 
Developed?

    During 2009, EPA regional offices consulted state and tribal 
regulatory partners about existing and potential new national program 
priorities for fiscal years 2011-2013. The Agency also issued letters 
requesting comments on new national priorities to state environmental, 
public health, and agricultural departments and each federally 
recognized Indian tribe. EPA conducted outreach regarding the national 
priority stakeholder engagement and selection process at the National 
Environmental Justice Advisory Committee (NEJAC) meeting in September 
2009. In addition, a new Web site launched in August 2009 collected 
over 100 public comments on candidate national priorities, selection 
criteria, and information provided on EPA's Web site using blogging 
technology to collect external feedback. For additional details on 
public comments provided during the Fall 2009 comment period see: 
http://blog.epa.gov/enforcementnationalpriority.

IV. Can the Deadline for Comments Be Extended?

    No. EPA and states jointly implement Federal environmental laws. 
EPA issues National Program Manager Guidance (NPM Guidance) so that EPA 
and states can effectively align their activities to achieve mutual 
goals. The NPM guidance must be released for state and public comment 
in February and finalized in April in order to allow states to direct 
resources appropriately according to their fiscal calendars. As a 
result, EPA must receive public comments by January 16, 2010 in order

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to make selections in keeping with this schedule.

    Dated: December 23, 2009.
Lisa Lund,
Director, Office of Compliance.
[FR Doc. E9-31042 Filed 12-31-09; 8:45 am]
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