[Federal Register Volume 62, Number 35 (Friday, February 21, 1997)]
[Notices]
[Pages 8014-8016]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-4336]
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ENVIRONMENTAL PROTECTION AGENCY
[FRL-5691-9]
Notice of Public Meeting on the National Performance Measures
Strategy for Enforcement and Compliance Assurance
AGENCY: Environmental Protection Agency (EPA).
ACTION: Notice of second 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) Office of
Enforcement and Compliance Assurance (OECA) held its first public
meeting on Monday, February 3, 1997, in Alexandria, VA to hear
presentations and statements from a cross-section of stakeholders about
innovative approaches to measuring enforcement and compliance assurance
program performance. This notice is hereby given that the EPA is
soliciting comments for the second public meeting to continue to hear
from stakeholders regarding the way EPA measures its enforcement
programs.
DATES: The meeting date will take place on Monday, March 17, 1997, from
8:30 a.m to 5 p.m.
ADDRESSES: The public meeting will take place on Monday, March 17, 1997
at the Holiday Inn Civic Center, 50 8th Street, San Francisco,
California 94103 (415-626-6103 or 1-800-243-1135).
FOR FURTHER INFORMATION CONTACT: James McDonald, U.S. Environmental
Protection Agency, Office of Enforcement and Compliance Assurance, 401
M Street, S.W. (2201A), Washington, D.C., 20460; telephone (202) 564-
4043, fax (202) 501-0701 or via the INTERNET at
[email protected]
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
[[Page 8015]]
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, and solicit participation in EPA's second
national meeting on performance measures for its enforcement and
compliance assurance program.
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 mid-March 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 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
Persons wishing to attend the meeting, and/or make an oral
presentation are encouraged to offer ideas and proposals through
submission of written comments, participation in the public meeting
organized by EPA, or both. Prior registration is encouraged by sending
your name, affiliation, phone and fax number. Persons interested in
presenting should send in addition to the general registration
information, a brief statement describing your 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 Friday, March 7, 1997. Persons wishing to
submit pre-filed testimony may also send or fax such material to Ms.
Angelich. Presenters 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.
[[Page 8016]]
Dated: February 14, 1997.
Michael M. Stahl,
Acting Assistant Administrator, Office of Enforcement and Compliance
Assurance.
[FR Doc. 97-4336 Filed 2-20-97; 8:45 am]
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