While this version of the policy is an improvement over previous versions, there are some points that EPA should address to make the policy successful. Most important among these points is the confidentiality of programs that conduct on-site reviews or offer technical assistance to small businesses. Once in the enforcement process, there is no confidentiality. Therefore, the type of assistance the business received before entering into the regulatory system should not matter. In other state assistance programs, confidential means that information is protected from some public access and open records laws.
Some states already have confidential assistance programs.
Under the policy, some businesses in the nation, for no other reason than location, would be prohibited from using the policy. To correct this inequity, EPA should extend the policy to all small businesses that receive assistance through any small business assistance program or conduct an environmental audit through a private entity such as a consultant or engineering firm.