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Public Meeting on Enforcement and Compliance Assurance Programs


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From: DOREEN MONTELEONE (DMONTELEONE@vax.fta-ffta.org)
Date: Mon Jan 20 1997 - 13:12:09 CST


FYI, see the notice below which I pulled off the Internet.

Doreen M. Monteleone, FTA
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[Federal Register: January 13, 1997 (Volume 62, Number 8)]
[Notices]
[Page 1752-1753]
>From the Federal Register Online via GPO Access [wais.access.gpo.gov]

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ENVIRONMENTAL PROTECTION AGENCY
[FRL-5676-1]

 
Notice of Public Meeting on the National Performance Measures
Strategy for Enforcement and Compliance Assurance

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice of public meeting to solicit suggestions for innovative,
supplemental measures of enforcement and compliance assurance program
performance; develop a common understanding with partners and
stakeholders about a set of national measures and the steps necessary
to implement them (based on the state of national compliance); and
discuss how to carry out an implementation plan to put the new set of
measures into practice.

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SUMMARY: The Environmental Protection Agency (EPA) is announcing a
public meeting on Monday, February 3, 1997, in Washington, D.C., which
will be devoted to the National Performance Measures Strategy for
Enforcement and Compliance Assurance. The focus of the meeting will be
to hear presentations and statements from a cross-section of
stakeholders about innovative approaches to measuring enforcement and
compliance assurance program performance.

DATES: The meeting date will take place on Monday, February 3, 1997,
from 8:30 a.m to 5:00 p.m.

ADDRESSES: The public meeting will take place on Monday, February 3,
1997, at the Holiday Inn Historic District Alexandria, 625 First
Street, Alexandria, Virginia, 22314 (703-548-6300).

FOR FURTHER INFORMATION CONTACT: James McDonald, U.S. Environmental
Protection Agency, Office of Compliance, 401 M Street, S.W. (2201A),
Washington, D.C., 20460; telephone (202) 564-4043, fax (202) 501-0701.

SUPPLEMENTARY INFORMATION:

I. Background

    For many years, EPA has counted annual enforcement outputs (e.g.,
inspections conducted, number of civil and criminal cases, penalties
assessed) as the predominant measure of performance for the enforcement
and compliance assurance program. While these outputs will continue to
be used as an important measure of environmental enforcement, EPA seeks
additional measures to assess the status and trends of regulatory
compliance, as well as environmental improvements resulting from
enforcement and compliance assurance activities. This need was
recognized during the enforcement reorganization in 1993, and a
commitment was made during that process to develop additional measures.
In addition, the requirements of the Government Performance and Results
Act (GPRA) offer an opportunity to review and improve performance
measures.
    For almost three years, the Office of Enforcement and Compliance
Assurance (OECA) has been taking steps to improve its performance
measures for enforcement and compliance assurance activities. During
that time, OECA: (1) convened a Measures of Success Work Group
comprised of EPA and Regional officials, (2) developed and implemented
a Case Conclusion Data Sheet (CCDS) to gather new types of information
about completed cases, (3) developed and implemented a reporting
measure for compliance assistance activities, and (4) realigned single-
media data bases to enable reporting of enforcement data by industry
sector.
    Through these steps, OECA has made progress in developing an
enhanced set of performance measures. Specifically, OECA is now able to
supplement traditional enforcement output measures with other measures,
including: (1) actions taken by violators to return to compliance, (2)
quantitative environmental impact and qualitative environmental benefit
of those actions, (3) types, amounts, and impact of compliance
assistance activities, and (4) industry-specific compliance rates.
These elements were fully operational together for the first time in FY
96, and the results of these efforts are being compiled in a national
accomplishments report. However, OECA recognizes further improvements
can, and should, be made with regard to reporting the state of national
compliance and trends of environmental enforcement and compliance.
    The purpose of this notice is to reach out for new ideas from EPA's
regulatory partners (i.e., State, Tribal, and Local governments) and
interested stakeholders. As described below, EPA plans to initiate this
effort with a national meeting.

II. The National Performance Measures Strategy

    The purpose of the National Performance Measures Strategy is to
develop and implement an enhanced set of performance measures for the
enforcement and compliance assurance program. The Strategy includes:
(1) soliciting new ideas from regulatory partners and stakeholders for
more meaningful and sophisticated measures of program performance, (2)
developing a common understanding with regulatory partners and
stakeholders about a set of national measures and the short- and long-
term steps necessary to implement them, and (3) carrying out an
implementation plan to put the new set of measures into practice.
    The Strategy includes the following elements:
    1. Conduct dialogue with regulatory partners, including senior EPA
Headquarters and Regional managers, State officials, and a Department
of Justice representative, to assist with implementation of the
Strategy
    2. Hold initial public meetings to present objectives of the
Strategy and key measurement issues and hear presentations and
statements from a cross-section of stakeholders (by March 1, 1997)
    3. Meet with sets of stakeholders during FY 97 to discuss ideas and
proposals for improved measures and/or conduct meetings of mixed
stakeholders in various locations (between March and June 1997)
    4. Meet with other Federal regulatory and law enforcement agencies
to learn about new performance measurement approaches being used in
enforcement and compliance programs (between March and June 1997)
    5. Hold a ``capstone'' conference with a cross-section of
stakeholders at the end of the outreach process to identify common
understandings, areas of agreement, and unresolved issues (by mid-
September 1997)
    6. Develop a report of findings and an implementation plan with a
schedule (by October 1, 1997)
    7. Implement new ideas and approaches in accordance with the
schedule.

III. Agenda/Focus Topics for Public Meeting

    EPA is interested in hearing and considering ideas from regulatory
partners and a wide range of

[[Page 1753]]

stakeholders regarding the state of compliance and additional ways to
measure the performance of EPA's enforcement and compliance assurance
program. EPA accepts the idea that its current approach of counting
annual enforcement outputs needs to be supplemented by other approaches
that measure improvements in environmental quality and the state of
compliance. As such, the Agency wants to focus the outreach effort on
identifying and implementing new approaches rather than on the
limitations of its current approach.
    Stakeholders and regulatory partners are asked to focus on the
following issues of special interest to EPA:
    1. What innovative approaches are being used (or could be used) by
other environmental agencies, other regulatory agencies, and law
enforcement agencies to measure the effects of their enforcement and
compliance assurance programs?
    2. What innovative approaches are being used by regulated
facilities, companies, or trade groups and associations to measure the
effect of their efforts to achieve and maintain compliance and protect
the environment?
    3. What can EPA use to measure the impact of its enforcement and
compliance assurance program in low-income/ minority population
communities?
    4. How can EPA measure industry performance in complying with
environmental laws and regulations?
    5. How can EPA measure the deterrent effect of its enforcement-
related activities, including conducting inspections, taking
enforcement actions, and publicizing those actions?
    6. How can EPA measure the impact of compliance assistance
activities and compliance incentives, such as its audit and self-
disclosure policy?

IV. Information for Participants

    Stakeholders and Tribal, State, and Local entities are encouraged
to offer ideas and proposals through submission of written comments,
participation in the public meeting organized by EPA, or both. Persons
interested in speaking, presenting information, or otherwise expressing
comments at this meeting should send or fax their name, affiliation,
phone number, topic, and a brief statement describing their
presentation to Michelle Angelich, Science Applications International
Corporation, 1710 Goodridge Drive, MS 1-11-8, McLean, Virginia, 22102;
telephone 703-821-4432, fax 703-903-1373 by January 24, 1997. Persons
wishing to submit pre-filed testimony may also send or fax such
material to Ms. Angelich. Speakers will be notified of their time slots
or panel assignments once the final format is determined. This meeting
will be open to the public as space permits, and a transcript of the
proceedings will be prepared.

    Dated: January 7, 1997.
Steven A. Herman,
Assistant Administrator, Office of Enforcement and Compliance
Assurance.
[FR Doc. 97-745 Filed 1-10-97; 8:45 am]
BILLING CODE 6560-50-P

Doreen


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