[Federal Register Volume 63, Number 242 (Thursday, December 17, 1998)]
[Notices]
[Pages 69627-69628]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-33478]
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ENVIRONMENTAL PROTECTION AGENCY
[FRL-6204-7]
Registration and Agreement for Clean Water Act Section 301
Compliance Audit Program for the Pork Production Industry
AGENCY: Environmental Protection Agency (EPA).
ACTION: Notice.
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SUMMARY: The Environmental Protection Agency (EPA) and the National
Pork Producers Council (NPPC) have agreed to a comprehensive and
voluntary Clean Water Act Compliance Audit Program (CAP). The NPPC,
which represents pork producers nationally, plans to have independent
auditors conduct more than 10,000 of the audits nationwide to improve
environmental management practices and assure compliance with the Clean
Water Act. The Clean Water Act CAP provides incentives for pork
producers to undertake voluntary comprehensive on-farm environment
assessments by greatly reducing penalties for any Clean Water Act
violations that are promptly disclosed and corrected under this
program. Participation in the NPPC audits or CAP process is voluntary.
This Notice announces the opportunity for pork producers to register
for EPA's Clean Water Act Section 301 Compliance Audit Program (CAP)
for the Pork Production Industry. This Notice also announces the
availability of the text of the Agreement (CAP Agreement), which
producers may sign to register for the program.
DATES: Producers with existing pork production facilities must register
for the CAP agreement by Sept. 30, 2001. For facilities that are
completed after Sept. 30, 2001, producers must register by Sept. 30,
2003. Persons interested in participating in the CAP must register by
sending a signed CAP Agreement to EPA before the end of the applicable
registration period.
ADDRESSES: Copies of the CAP Agreement text may be obtained from http:/
/www.epa.gov/oeca/ore/porkcap. Pork producers who want to register for
the program can contact their local pork producers' organization or the
National Pork Producers Council, at 1776 NW 114th St., Clive, Iowa
50325, Attention: Andy Baumert; Phone: (515) 223-2600.
FOR FURTHER INFORMATION CONTACT: Additional information about the CAP
and the CAP Agreement is available from EPA by contacting Ciannat M.
Howett, Office of Enforcement and Compliance Assurance, Office of
Regulatory Enforcement, Water Enforcement Division (Mailcode: 2243-A),
Environmental Protection Agency, 401 M Street, SW, Washington, DC
20460. Pork producers who want additional information about the CAP
Agreement can contact their local pork producers' organization or the
National Pork Producers Council, at 1776 NW 114th St., Clive, Iowa
50325, Attention: Andy Baumert; Phone: (515) 223-2600.
SUPPLEMENTARY INFORMATION: The Clean Water Act Compliance Audit Program
(CAP) provides incentives for pork producers to have comprehensive on-
farm environmental assessments conducted on their pork production
facilities. The purpose of the assessments is to determine whether pork
production facilities are conforming with good environmental management
practices for this industry and to assess compliance with the Federal
Clean Water Act.
The National Pork Producers Council (NPPC), which represents pork
producers nationally, is proposing to have independent auditors conduct
these on-farm environmental assessments at more than 10,000 of the
producers' facilities. EPA hopes to encourage this voluntary
environmental assessment by substantially reducing civil penalties for
violations that are promptly disclosed and corrected as a result of
these audits. The program provides certainty regarding EPA's response
to reported violations.
This program was developed after the NPPC approached EPA to propose
an environmental assessment program for the industry. The NPPC audit
protocol establishes a rigorous evaluation process for reviewing pork
production facilities that is designed to assure the protection of our
nation's waterways by improving environmental management controls at
pork farms throughout the United States. The CAP is the result of an
agreement between EPA and the NPPC that provides reasonable incentives
for pork producers without compromising EPA's and the States' ability
to consistently and appropriately enforce the law. This voluntary
program demonstrates how government and industry can come together to
find
[[Page 69628]]
practical and resourceful solutions for reducing waste runoff into our
nation's rivers, lakes and streams.
NPPC's audit procedure is known as the On-Farm Odor/Environmental
Assistance Program, referred to as the ``On-Farm Environmental
Assessment'' for purposes of the CWA Section 301 Compliance Audit
Program being announced today. The Assessment process involves a
detailed review and on-site inspection of pork production facilities
and waste handling methods by trained, independent assessors. EPA has
evaluated the NPPC assessment process and found it to be a useful tool
for assessing CWA compliance and improving environmental practices at
pork production facilities. NPPC has committed to encouraging producers
to participate in the program, ensuring the availability of the On-Farm
Environmental Assessment process to producers who wish to participate,
and promoting high-quality assessments by well-trained assessors. NPPC
will also serve as coordinator for the On-Farm Environmental Assessment
program and as liaison between participating producers and assessors by
scheduling assessments; assigning assessment teams to conduct
particular assessments; gathering preliminary information about the
production facilities; and ensuring that the assessment teams conduct
audits and promptly prepare Assessment Reports (as described in the CAP
Agreement) for the producers.
The CAP is open to all pork producers in the country, but excludes
slaughterhouses, pork processing and packing facilities, or areas of
ancillary operations such as equipment or feed storage or cropland--
other than cropland used for land application of swine waste. In
coordination with NPPC, EPA has developed a nationwide enforcement
agreement (``CAP Agreement'') that is available to any pork producer
who takes part in the NPPC environmental assessment program. To be
eligible for the CAP program, participating pork producers must
identify and report Clean Water Act (CWA) violations within 120 days of
the start of an assessment, and correct them within specified
timetables (depending on the violation). The auditor must certify that
the assessment was conducted properly according to the protocol,
producers must certify that the report submitted to EPA is complete and
accurate, and an auditor or licensed engineer must certify that the
report is complete and accurate.
Producers that report and correct the violations within the
timetable and otherwise comply with the CAP Agreement are eligible for
reduced penalties. Penalties are based on economic benefit and range
from $250 to $10,000 for violations, with a maximum cap of $40,000. As
an additional incentive to quickly correct violations, the agreement
provides even greater penalty reductions to producers who correct
violations within shorter timeframes. There is one exception to the
fixed penalty provisions. In those instances (which EPA expects to be
rare) where the producer has almost wholly failed to invest in ordinary
animal waste pollution control facilities (such as by failing to
construct any waste storage pits or lagoons) no fixed penalty will be
available, but instead EPA may seek to recover the economic benefit to
the producer of its non-compliance up to $40,000. Nonparticipating pork
producers could face civil penalties of up to $27,500 per day for CWA
violations identified independently by EPA.
However, there are some limitations to the CAP. It applies only to
Clean Water Act NPDES violations. The CAP Agreement would not apply to
violations already discovered by EPA or a State, or that are already
the subject of a citizen suit action. The program also reserves EPA's
ability to pursue injunctive relief when there is a discharge and where
there is an ``imminent and substantial'' endangerment under section 504
of the Clean Water Act, and to recommend prosecution for criminal
conduct. Furthermore, EPA may impose penalties and seek all other
available remedies where a pork producer fails to comply with the CAP
Agreement. The program does not relieve the producer from the
obligation to comply with all CWA permits, regulations and other
applicable environmental laws and regulations.
EPA will consult closely with the States in determining whether
discharges under the program meet the requirements of the Agreement.
States may elect to administer the CAP Agreement; in those cases, EPA
would refer any CWA violation disclosures to the State for
consideration and response under the terms of the CAP agreement. EPA
strongly encourages any NPDES-approved State to implement the CAP
Agreement with respect to producers located within the State. In order
to implement the agreement, States should contact Brian J. Maas, Office
of Enforcement and Compliance Assurance, Office of Regulatory
Enforcement, Water Enforcement Division (Mailcode: 2243-A),
Environmental Protection Agency, 401 M Street, SW Washington, DC,
20460, or the appropriate Regional office and enter into a written
agreement with EPA to comply with the terms of the CAP Agreement with
respect to each registering producer. States implementing the agreement
will receive all reports of completed Assessments from producers, as
well as any reports of violations pursuant to the CAP. These States
will also enter into the Consent Agreements/Orders to accomplish
enforcement with regard to the violations reported under the CAP.
In addition to promoting this nationwide On-Farm Environmental
Assessment program, the CAP announced today will provide a streamlined
enforcement mechanism that will help obtain CWA compliance by numerous
facilities without overwhelming EPA's enforcement resources. Because
enforcement under the CAP Agreement will include corrective action, the
program is expected to provide significant environmental benefits.
Industry representatives and EPA believe that this program will
result in On-Farm Environmental Assessments at well over 10,000 pork
production facilities, comprising most of the large (over 1000 animal
units) and medium-sized (over 300 animal units) facilities in the
United States. Together these facilities account for approximately 80%
of U.S. pork production. The program thus promises to provide EPA with
a substantially stronger national compliance assurance and enforcement
effort than would otherwise be achievable. This program will also allow
EPA to concentrate its enforcement resources on producers that choose
not to participate in the CWA Section 301 Compliance Audit Program.
Such non-participating producers should be aware that EPA intends to
actively pursue violations of the Clean Water Act at pork production
facilities.
Producers with existing pork production facilities must register
for the CAP agreement by Sept. 30, 2001. For facilities that are
completed after Sept. 30, 2001, producers must register by Sept. 30,
2003. Pork producers who want to register for the program can contact
their local pork producers' organization or the National Pork Producers
Council, at (515) 223-2600.
Dated: December 9, 1998.
Brian J. Maas,
Office of Enforcement and Compliance Assurance.
[FR Doc. 98-33478 Filed 12-16-98; 8:45 am]
BILLING CODE 6560-50-P
