[Federal Register Volume 84, Number 27 (Friday, February 8, 2019)]
[Notices]
[Pages 2848-2851]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-01548]
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ENVIRONMENTAL PROTECTION AGENCY
[EPA-HQ-OECA-2018-0843; FRL-9988-78-OECA]
Public Comment on EPA's National Compliance Initiatives for
Fiscal Years 2020-2023
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 the National Compliance Initiatives
(NCIs) to be undertaken in fiscal years 2020-2023. The EPA focuses
enforcement and compliance resources on the most serious environmental
violations by developing and implementing national program priorities,
previously called National Enforcement Initiatives. The NCIs currently
underway, as well as potential modifications to these NCIs under
consideration, are described in the SUPPLEMENTARY INFORMATION section
of this document, with additional descriptions and data on the current
NCIs available on our website: http://www.epa.gov/enforcement/national-compliance-initiatives.
DATES: Comments must be received on or before March 11, 2019.
ADDRESSES: You may send comments, identified by Docket ID No. EPA-HQ-
OECA-2018-0843; to https://www.regulations.gov. Follow the online
instructions for submitting comments.
Instructions: All submissions received must include the Docket ID
No. for this notice. Comments received will be posted without change to
https://www.regulations.gov/, including any personal information
provided. For detailed instructions on sending comments and additional
information on the notice process, see the ``Written Comments'' heading
of the SUPPLEMENTARY INFORMATION section of this document.
FOR FURTHER INFORMATION CONTACT: Michele McKeever, Chief, National
Planning and Measures Branch, Office of Enforcement and Compliance
Assurance, Mail Code: M2221A, Environmental Protection Agency, 1200
Pennsylvania Ave. NW, Washington, DC 20460; telephone number: 202-564-
3688; fax number: 202-564-0027; email address:
[email protected].
SUPPLEMENTARY INFORMATION: Throughout this document ``we,'' ``us,'' and
``our'' refer to the EPA.
Table of Contents
I. Written Comments
II. What are EPA's National Compliance Initiatives?
III. On what is the EPA Requesting Comment?
IV. What are the current FY 2017-2019 National Compliance
Initiatives?
V. What Are the potential initiatives under consideration for FY
2020-2023?
A. Extensions of Initiatives
B. Modifications of Initiatives
C. Return of Initiatives to the Core Program
D. New NCIs
E. Public Comments
VI. Can the deadline for comments be extended?
I. Written Comments
Submit your comments, identified by Docket ID No. EPA-HQ-OECA-2018-
0843; at https://www.regulations.gov. Once submitted, comments cannot
be edited or removed from Regulations.gov. The EPA may publish any
comment received to its public docket. Do not submit electronically any
information you consider to be Confidential Business Information (CBI)
or other information whose disclosure is restricted by statute.
Multimedia submissions (audio, video, etc.) must be accompanied by a
written comment. The written comment is considered the official comment
and should include discussion of all points you wish to make. The EPA
will generally not consider comments or comment contents located
outside of the primary submission (i.e. on the web, cloud, or other
file sharing system). For additional submission methods, the full EPA
public comment policy, information about CBI or multimedia submissions,
and general guidance on making effective comments, please visit https://www.epa.gov/dockets/commenting-epa-dockets.
II. What are EPA's National Compliance Initiatives?
The EPA is soliciting public comment and recommendations on the
NCIs to be undertaken by EPA over the four-year period of fiscal years
2020-2023. This notice is an agency planning document and does not
impose any legally binding requirements on any outside parties.
The EPA focuses enforcement and compliance resources on the most
serious environmental violations by developing and implementing
national
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enforcement and compliance program priorities, previously called
National Enforcement Initiatives (NEIs). As part of EPA's ongoing
efforts to increase the environmental law compliance rate and reduce
the average time from violation identification to correction, EPA
recently has adjusted and renamed the NEIs program to the NCIs program
to better convey the overarching goal of increased compliance and the
use of not only enforcement actions, but the full range of compliance
assurance tools. These tools include helping regulated entities
understand their compliance obligations, helping facilities return to
compliance through informal actions, building state capacity,
supporting state actions, bringing Federal civil administrative
actions, and bringing Federal civil or criminal judicial enforcement
actions.
III. On what is the EPA requesting comment?
The EPA's Office of Enforcement and Compliance Assurance is
collecting comment on which of the current national initiatives should
continue, be modified, or returned to the standard (``core'')
enforcement program. Current initiatives may be carried forward into
the FY 2020-2023 NCI cycle, as is or modified, or an NCI may be
concluded at the end of FY 2019. The public also is invited to propose
other areas for consideration as an NCI, keeping in mind resource
constraints.
For this upcoming NCI cycle, the EPA has provided new opportunities
for early and meaningful input from the states and federally-recognized
Indian tribes regarding the identification and development of the NCIs.
In Fall 2018, EPA Regional offices solicited input from the states and
federally-recognized Indian tribes. The EPA also reached out to a
number of state and tribal associations for early input into the NCI
program. EPA looks forward to considering the state and tribal input on
the current initiatives--such as whether to continue, modify, or
conclude them--as well as suggestions for new NCIs. The EPA welcomes
active state and tribal participation in implementing the NCI if the
state or tribe is authorized for the particular program.
IV. What are the current FY 2017-2019 National Compliance Initiatives?
The U.S. Environmental Protection Agency, Office of Enforcement and
Compliance Assurance, has seven initiatives underway from the FY 2017-
2019 cycle (with modified implementation in FY 2019, described
below).\1\ These initiatives are:
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\1\ There were originally eight initiatives in the FY 2017-2019
cycle. The initiative to ``Prevent Animal Waste from Contaminating
Surface and Ground Water'' was moved to the core program by the EPA
Memorandum, ``Transition from National Enforcement Initiatives to
National Compliance Initiatives,'' August 21, 2018.
1. Cutting Hazardous Air Pollutants (HAPs)
2. Reducing Toxic Air Emissions from Hazardous Waste Facilities
3. Reducing Risks of Accidental Releases at Industrial and Chemical
Facilities
4. Keeping Industrial Pollutants Out of the Nation's Waters
5. Ensuring Energy Extraction Activities Comply with Environmental Laws
6. Keeping Raw Sewage and Contaminated Stormwater Out of Our Nation's
Waters
7. Reducing Air Pollution from the Largest Sources
Additional descriptions and data on these initiatives are available
online at: http://www.epa.gov/enforcement/national-compliance-initiatives.
V. What are the potential initiatives under consideration for FY 2020-
2023?
For the seven active initiatives from the FY 2017-2019 cycle, EPA
is soliciting input on whether we should continue, modify, or conclude
the initiative and return it to the ``core'' or standard enforcement
program. For all initiatives, EPA intends to focus on environmental and
public health risks, not specific industry sectors.
A. Extensions of Initiatives
The EPA is seeking comment on plans to extend the following three
current initiatives into the FY 2020-2023 cycle:
Cutting Hazardous Air Pollutants. Leaks, flares, and excess
emissions from refineries, chemical plants and other industries emit
hazardous air pollutants (HAPs), or air toxics, that are known or
suspected to cause cancer, birth defects, and seriously impact the
environment. Recent monitoring shows that facilities still often emit
more HAP emissions than they actually report. Leaking equipment and
improperly operated flares remain some of the largest sources of HAP
emissions from petroleum refineries and chemical manufacturing
facilities. Improper operation of an industrial flare can result in
hundreds of tons of excess HAP emissions. The EPA has worked to
identify and address illegal and excess emissions of toxic air
pollutants from leaks and flares at facilities that have a significant
impact on air quality and health in communities since this initiative
began in 2004. The Agency believes that continuing this NCI will help
to achieve EPA Strategic Plan objectives of addressing vulnerable
populations, addressing Clean Air Act (CAA) non-attainment areas. The
Agency also believes that EPA expertise will help improve compliance
and facilitate a timely return to compliance where noncompliance is
found.
Reducing Toxic Air Emissions from Hazardous Waste Facilities. EPA
has found that air emission violations associated with the improper
management of hazardous waste remain widespread. The Resource
Conservation and Recovery Act requires effective monitoring to identify
and repair leaks from certain hazardous waste storage tanks,
containers, pipes, valves, and other equipment. Releases from hazardous
waste facilities can include releases of constituents known or
suspected to cause cancer, birth defects, or that seriously impact the
environment. The Agency began this initiative in 2017 and believes that
continuing this initiative will help to achieve EPA Strategic Plan
objectives of addressing vulnerable populations and reducing non-
attainment areas. The Agency also believes that its expertise will help
improve compliance rates and facilitate a timely return to compliance
where noncompliance is found. Accordingly, we plan to continue our
work, including efforts to build state capacity in this program.
Reducing Risks of Accidental Releases at Industrial and Chemical
Facilities. Thousands of facilities nationwide, many of which are in
low income or minority communities, make, use and store extremely
hazardous substances. Catastrophic accidents at these facilities--
historically about 150 each year--can result in fatalities and serious
injuries, evacuations, and harm to human health and the environment.
EPA regulates these facilities under section 112(r) of the CAA and
through the Chemical Accident Prevention regulations, also known as the
Risk Management Program (RMP). The regulations apply to stationary
sources that have a listed chemical in a process at or above an
established threshold quantity. A broader statutory obligation under
CAA section 112(r)(1), the General Duty Clause (GDC), applies to all
stationary sources with regulated substances or other extremely
hazardous substances, regardless of the quantity of chemical involved.
This has been an NCI since 2016, and EPA has found that many regulated
facilities are not adequately managing the risks they pose or ensuring
the safety of their facilities to protect surrounding communities.
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Therefore, the EPA plans to continue this NCI with a focus on the most
serious situations of non-compliance and attention to the EPA Strategic
Plan objective of addressing vulnerable populations. The Agency
believes that its expertise will help improve compliance rates and
facilitate a timely return to compliance where noncompliance is found.
The EPA also plans to enhance the use of compliance assistance and
expedited settlement agreements to address smaller sources.
B. Modifications of Initiatives
The EPA is seeking comment on plans to transition two current
initiatives into new initiatives for FY 2020-2023. A brief description
of the proposed changes is provided below.
Transitioning ``Keeping Industrial Pollutants Out of the Nation's
Waters'' NCI to ``National Pollutant Discharge Elimination System
(NPDES) Significant Non-Compliance (SNC) Reduction'': In FY 2018, the
EPA initiated a new NCI focused on achieving the goal established in
EPA's FY 2018-2022 Strategic Plan: ``By September 30, 2022, increase
the environmental law compliance rate.'' As described in the Strategic
Plan, this concept is first being piloted by focusing, through the new
NCI, on reducing the rate of significant noncompliance in the Clean
Water Act (CWA) NPDES program by 50 percent by the end of FY 2022. The
NCI has incorporated the existing ``Industrial Pollutants'' NCI with a
broader focus of increasing the percentage of all NPDES permittees in
compliance with their permit (as measured by reducing the rate of
permittees in SNC). This effort could establish a model for improving
environmental program compliance rates that could be used in other
programs. EPA is seeking comment on how to best pursue and achieve this
goal of reducing NPDES SNC in the FY 2020-2023 NCI cycle.
Transitioning the ``Ensuring Energy Extraction Activities Comply
with Environmental Laws'': Beginning in 2011, this initiative focused
on one industrial sector, natural gas extraction, implying that the EPA
considers all problems in this sector--large or small--to be a
priority. Rather than focus on any single sector, the EPA proposes to
focus on significant public health and environmental problems without
regard to sector. Specifically, for the FY 2020-2023 NCI cycle the EPA
is proposing to transition this NCI to an initiative that will focus on
significant sources of volatile organic compounds (VOCs) that have a
substantial impact on air quality (without regard to sector), and that
may adversely affect vulnerable populations or an area's CAA attainment
status. We also will evaluate the idea of merging this work into the
``Cutting Hazardous Air Pollutants'' NCI.
C. Return of Initiatives to the Core Program
The EPA expects to return the following two current initiatives to
the standard ``core'' enforcement program having largely achieved EPA's
goals for these NCIs:
Reducing Air Pollution from the Largest Sources. The New Source
Review (NSR) and Prevention of Significant Deterioration (PSD)
requirements of the CAA require certain large industrial facilities to
install state-of-the-art air pollution controls when they build new
facilities or make significant modifications to existing facilities.
The EPA began this initiative as it relates to the power sector in
1998, after EPA investigations revealed that many facilities had failed
to install pollution controls after modifications, causing them to emit
pollutants that can impact air quality and public health. The EPA and
state regulatory approaches and enforcement efforts in this sector have
resulted in a 90 percent reduction in sulfur dioxide emissions and an
83 percent reduction in nitrogen oxide emissions since 1997, while
gross generation has increased by 10 percent. The EPA has required
controls or commenced investigations at 91 percent, 96 percent, and 90
percent of facilities in the glass, cement, and acid manufacturing
sectors, respectively. Accordingly, the Agency believes that this NCI
no longer presents a significant opportunity to affect nonattainment
areas or vulnerable populations nationwide. The EPA proposes to return
work in these areas to the core program in FY 2020. EPA will continue
to monitor the progress of existing settlement agreements to ensure
actions required under those settlements are implemented and air
pollution reduction targets are met.
Keeping Raw Sewage and Contaminated Stormwater Out of Our Nation's
Waters. Since this NCI began in 2000, the EPA, in conjunction with
state co-plaintiffs, has taken enforcement actions at the largest
municipal sewer systems with CWA violations to reduce pollution and to
reduce unlawful discharges of raw sewage that degrade water quality in
communities. The EPA has obtained significant improvement in compliance
and major reductions in water pollution. Under this initiative, 97
percent of large combined sewer systems, 92 percent of large sanitary
sewer systems and 79 percent of Phase 1 municipal separate stormwater
systems are now either in compliance or are on an agreed-upon schedule
to come into compliance. Accordingly, the Agency believes that this NCI
no longer presents a significant opportunity to correct water quality
impairment nationwide. The EPA proposes to return work in this area to
the core program in FY 2020. EPA and states will continue to monitor
implementation of these long-term agreements, and to adapt them to
changing circumstances and new information, such as the increasing
commitment of cities to implement green infrastructure, changes in
financial capability, or technological advances.
D. New NCIs
The EPA specifically invites comment on two new NCIs under
consideration:
a. NCI to increase compliance with drinking water standards. Each
year thousands of community water systems (CWSs) violate one or more
health-based drinking water standards promulgated under the Safe
Drinking Water Act (SDWA), which exposes millions of people to
potential health risks. Thousands more CWSs repeatedly fail to collect
water samples or report test results making difficult to know if the
drinking water is safe. CWSs exceeding action levels or other
regulatory triggers may not complete required follow-up actions. In
addition to these known violations, significant deficiencies in the
design, operation or maintenance of the CWS may go unreported and
uncorrected. Recent events at a few large CWSs indicate that current
practices and use of existing data, tools, and policies have not always
proved sufficient to prevent CWSs from moving toward serious
noncompliance that may threaten human health. This potential NCI would
focus on EPA working jointly with states to identify how we can
collaborate to use our resources more effectively and efficiently to
focus efforts where they can make the biggest difference as we work
together to increase compliance with primary drinking water standards
thus improving public health protection at CWSs most at risk. This NCI
would support the Agency's Strategic Plan objective to reduce the
number of community water systems out of compliance with health-based
standards.
b. NCI to reduce children's exposure to lead. A potential lead NCI
would support various agency efforts to tackle lead contamination in
all environmental media and could present an opportunity to use
consumer education to increase compliance. This NCI would support
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the Agency's Strategic Plan focus on vulnerable populations, as well as
the interagency Federal Lead Action Plan.
Finally, the public is invited to propose any other areas for
consideration as new NCIs.
E. Public Comments
The EPA will consider all comments to these proposals as it moves
forward in the decision-making process. NCIs will be incorporated into
the EPA Office of Enforcement and Compliance Assurance FY 2020-2021
National Program Guidance (NPG) that provides national program
direction for all EPA regional offices. Information in support of this
Notice of Public Comment is available online at: http://www.epa.gov/enforcement/national-compliance-initiatives.
VI. Can the deadline for comments be extended?
The EPA will include NCIs in the Office of Enforcement and
Compliance Assurance (OECA) draft NPG that will be released for public
comment to allow the EPA regions, as well as states and federally-
recognized tribes with approved programs, to consider the guidance
fully in their annual planning processes that direct the use of
resources according to the fiscal calendar. As a result, EPA must
receive public comments on potential NCIs by March 11, 2019 in order to
complete consideration of NCIs before the NPG is released for public
comment. However, the public will have a second opportunity to provide
comments on the NCIs when commenting on OECA's draft NPG.
Dated: December 20, 2018.
Susan Parker Bodine,
Assistant Administrator, Office of Enforcement and Compliance
Assurance.
[FR Doc. 2019-01548 Filed 2-7-19; 8:45 am]
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