[Federal Register: January 13, 1997 (Volume 62, Number 8)]
[Page 17521753]
ENVIRONMENTAL PROTECTION AGENCY [FRL56761]
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.
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 crosssection
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 (7035486300).
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) 5644043, fax (202)
5010701.
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 singlemedia 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) industryspecific
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 longterm steps necessary to implement them;
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 crosssection 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 crosssection
of stakeholders at the end of the outreach process to identify
common understandings, areas of agreement, and unresolved issues
(by midSeptember 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 lowincome/ 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 enforcementrelated
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 selfdisclosure
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 1118,
McLean, Virginia, 22102; telephone 7038214432, fax
7039031373 by January 24, 1997. Persons wishing to
submit prefiled 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. 97745 Filed 11097; 8:45 am]
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