[Federal Register Volume 78, Number 18 (Monday, January 28, 2013)]
[Notices]
[Pages 5799-5800]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-01706]
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ENVIRONMENTAL PROTECTION AGENCY
[EPA-HQ-OECA-2012-0956; FRL-9773-8]
Public Comment on EPA's National Enforcement Initiatives for
Fiscal Years 2014-2016
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 national enforcement initiatives to be
undertaken in fiscal years 2014-2016. EPA selects these priority areas
every three years in order to focus federal resources on the most
important environmental problems where noncompliance is a significant
contributing factor and where federal enforcement attention can make a
difference. For the FY 2011-2013 time period, the U.S. Environmental
Protection Agency, Office of Enforcement and Compliance Assurance, has
six national enforcement initiatives. These initiatives are (1)
Municipal Infrastructure--addressing sewage discharges from combined
sewer systems, sanitary sewer systems, and municipal separate storm
sewer systems; (2) Mineral Processing--addressing hazardous waste at
phosphoric acid facilities and high risk mineral processing sites; (3)
New Source Review--controlling emissions from coal fired utility
sector, cement plants, glass plants, and acid production plants; (4)
Air Toxics--addressing toxic emissions from high risk facilities by
examining leak detection and repair (LDAR), flares, and excess emission
sources; (5) Energy Extraction--addressing land-based natural gas
extraction facilities, including corporate-wide evaluations; and (6)
Concentrated Animal Feeding Operations--addressing animal waste
discharges from large animal feeding facilities. For more information
on the current initiatives, full descriptions can be found on our Web
site: http://www.epa.gov/compliance/data/planning/initiatives/index.html.
In addition to these sector-based approaches, EPA could choose to
focus a national initiative on a strategic area that would improve the
Agency's ability to conduct its enforcement and compliance program. For
example, EPA is investing in a new approach called Next Generation
Compliance to dramatically improve compliance by, among other things,
employing advances in emissions monitoring and information technology;
expanding transparency by making information publicly available. This
availability of information will empower communities to play an active
role in compliance oversight and improve the performance of both the
government and regulated entities.
The public is invited to comment on extending the current six
national enforcement initiatives for the 2014-2016 cycle. The public is
also invited to propose new sectors or other important strategic areas
for consideration. Commenters should keep in mind the Agency's resource
constraints, given that final decisions will need to consider the
Agency's funding level. Final selection will be incorporated into the
EPA Office of Enforcement and Compliance Assurance Final National
Program Manager Guidance (that provides national program direction for
all EPA regional offices) to be released in the Spring 2013. EPA will
consider these comments as it moves forward in the decision-making
process, but will not respond to all comments received.
DATES: Comments must be received on or before February 27, 2013.
ADDRESSES: Information in support of this Notice of Public Comment is
available via the Internet at: http://www.epa.gov/compliance/data/planning/initiatives/index.html.
Submit your comments via www.regulations.gov, identified by Docket
ID No. EPA-HQ-OECA-2012-0956. Follow the on-line instructions for
submitting comments.
Instructions: Direct your comments to Docket ID No. EPA-HQ-OECA-
2012-0956. EPA's policy is that all comments received will be included
in the public docket without change and may be made available online at
www.regulations.gov, including any personal information provided,
unless the comment includes information claimed to be Confidential
Business Information (CBI) or other information whose disclosure is
restricted by statute. Do not submit information that you consider to
be CBI or otherwise protected through www.regulations.gov. The
www.regulations.gov Web site is an ``anonymous access'' system, which
means EPA will not know your identity or contact information unless you
provide it in the body of your comment. If you send an email comment
directly to EPA without going through www.regulations.gov, your email
address will be automatically captured and included as part of the
comment that is placed in the public docket and made available on the
Internet. If you submit an electronic comment, EPA recommends that you
include your name and other contact information in the body of your
comment and with any disk or CD-ROM you submit. If EPA cannot read your
comment due to technical difficulties and cannot contact you for
clarification, EPA may not be able to consider your comment. Electronic
files should avoid the use of special characters, any form of
encryption, and be free of any defects or viruses.
FOR FURTHER INFORMATION CONTACT: Michele McKeever, Branch 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:
I. What are EPA enforcement and compliance national enforcement
initiatives?
EPA is voluntarily soliciting public comment and recommendations on
national enforcement initiatives to be undertaken in fiscal years 2014-
2016. EPA selects these initiatives every three years in order to focus
federal resources on the most important environmental problems where
noncompliance is a significant contributing factor and where federal
enforcement attention can make a difference. Sector-based enforcement
and compliance national enforcement initiatives are selected according
to three criteria: (1) Environmental impact; (2) significant
noncompliance; and (3) appropriate federal role. The national
enforcement initiatives do not impose any legally binding requirements
on any outside parties. EPA will also consider strategic program areas
that are not sector-based as potential national enforcement
initiatives. These areas include programs such as Next Generation
Compliance (e.g., increasing use of advanced emissions monitoring,
expanding transparency by increasing
[[Page 5800]]
data availability, and developing more effective regulations).
II. On what is EPA requesting comment?
EPA's Office of Enforcement and Compliance Assurance is collecting
external comment on the current set of national enforcement initiatives
and whether there are other new enforcement initiatives or strategic
directions of national significance and warranting federal enforcement
attention that should be considered. For example, in addition to
considering traditional sector-based approaches, EPA is considering
broadening the scope of a national enforcement initiative to include
innovative programs, such as Next Generation Compliance, where the
Agency feels the application of enforcement program resources would
help address critical issues. Examples of Next Generation Compliance
strategies include moving away from paper reporting to electronic
reporting, incorporating compliance drivers into regulations, using
advanced environmental monitoring technologies, and increasing
transparency by making data more readily accessible. The public is
invited to propose any other areas for consideration, keeping in mind
the Agency's resource constraints. Please note that some current
national enforcement initiatives may be carried forward or refined and
continued into FY 2014-2016.
III. Can the deadline for comments be extended?
No. EPA issues National Program Manager Guidance (NPM Guidance) to
enable EPA, states, and federally-recognized Indian tribes (tribes) to
effectively align their joint implementation of environmental laws to
achieve mutual goals. The NPM guidance must be timely released for
state, tribal, and public comment in order to allow the states and
tribes with approved programs to consider the NPM Guidance fully in
their annual planning processes. These processes direct state and
tribal resources according to their fiscal calendars. As a result, EPA
must receive public comments by February 27, 2013 in order to make
national enforcement initiative selections in keeping with this
schedule.
Dated: January 18, 2013.
Lisa Lund,
Director, Office of Compliance.
[FR Doc. 2013-01706 Filed 1-25-13; 8:45 am]
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