[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 
<a href="/cdn-cgi/l/email-protection" class="__cf_email__" data-cfemail="014c62456e6f606d652f4b606c6472414451404c40484d2f4451402f464e572f">[email protected]</a>

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]
BILLING CODE 6560-50-P


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