I
105TH CONGRESS
2D SESSION
H. R. 3180
To provide for innovative strategies for achieving superior environmental
performance, and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
FEBRUARY 11, 1998
Mr. DOOLEY of California (for himself, Mrs. TAUSCHER, Mr. SAXTON, Mr.
BOYD, Mrs. THURMAN, Ms. STABENOW, Mr. GILCHREST, Mrs. JOHNSON
of Connecticut, and Mr. DAVIS of Florida) introduced the following bill;
which was referred to the Committee on Commerce, and in addition to
the Committee on Transportation and Infrastructure, for a period to be
subsequently determined by the Speaker, in each case for consideration
of such provisions as fall within the jurisdiction of the committee con-
cerned
A BILL
To provide for innovative strategies for achieving superior
environmental performance, and for other purposes.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘Innovative Environ-
mental Strategies Act of 1997’’.
SEC. 2. FINDINGS.
Congress finds that—
(1) superior environmental performance can be
achieved in some cases by granting regulated entities
the flexibility to develop innovative environmental
strategies for achieving environmental results in
partnership with affected stakeholders;
(2) innovative environmental strategies also
have the potential to—
(A) substantially reduce compliance costs;
(B) foster cooperative partnerships among
industry, government, public interest groups,
and local communities;
(C) encourage regulated entities to meet
and exceed environmental obligations through
greater innovation and greater pollution preven-
tion; and
(D) increase the involvement of members
of the local community and other citizens in de-
cisions relating to the environmental perform-
ance goals and priorities of a facility; and
(3) the lessons learned from successful innova-
tive environmental strategies should be incorporated
into the broader system of environmental regulation.
SEC. 3. DEFINITIONS.
In this Act:
(1) ADMINISTRATOR.—The term ‘‘Adminis-
trator’’ means the Administrator of the Environ-
mental Protection Agency.
(2) AGENCY.—The term ‘‘agency’’ means the
Environmental Protection Agency.
(3) AGENCY RULE.—
(A) IN
GENERAL.—The term ‘‘agency
rule’’ means a rule (as defined in section 551
of title 5, United States Code) promulgated by
the agency.
(B) 
EXCLUSIONS.—The 
term 
‘‘agency
rule’’ does not include—
(i) an emissions reduction requirement
under title IV of the Clean Air Act (42
U.S.C. 7651 et seq.); or
(ii) a requirement under subtitle B of
the Emergency Planning and Community
Right to Know Act of 1986 (42 U.S.C.
11021 et seq.).
(4) PERSON.—The term ‘‘person’’ means an in-
dividual, trust, firm, joint stock company, corpora-
tion (including a government corporation), partner-
ship, association, State, Indian tribe, municipality,
commission, political subdivision of a State, inter-
(2) work to ensure that there is adequate inde-
pendent technical support for an effective stake-
holder process.
(b) DEVELOPMENT OF PROCESS.—
(1) IN GENERAL.—The stakeholder participa-
tion process shall be developed by the stakeholders
and the proponent, in consultation with the Adminis-
trator.
(2) REQUIREMENTS.—The stakeholder partici-
pation process shall—
(A) be balanced and representative of in-
terests that may be affected by the proposed
strategy;
(B) ensure opportunities for public access
to the process and make publicly available in a
timely manner the proceedings of the stake-
holder participation process, except with respect
to confidential business information;
(C) establish procedures for conducting the
stakeholder participation process, including
open meetings as appropriate;
(D) if necessary, provide for appropriate
agreements to protect confidential business in-
formation; and
(E) establish guidelines for the role of
stakeholders, individually and as a group or
subgroup, in the development of the strategy,
including whether the stakeholders have an ad-
visory, consultative, decisionmaking or veto role
with respect to the strategy.
(c) FACA.—A stakeholder process satisfying the re-
quirements of this section shall not be subject to the re-
quirements of the Federal Advisory Committee Act (5
U.S.C. App.).
(d) PUBLIC NOTICE OF APPLICATION.—After a pro-
posal is approved for negotiation toward an agreement, the
proponent shall provide public notice of the proposal in
a manner, approved by the Administrator, that is reason-
ably calculated to reach potentially interested parties in-
cluding—
(1) community groups;
(2) environmental groups;
(3) potentially affected employees;
(4) persons living near or working in or near
the affected facility; and
(5) relevant Federal, State, tribal, and local
agencies.
(e) PARTICIPATION.—
(1) IN
GENERAL.—A person that, not later
than 60 days after the date on which public notice
is first given under subsection (c), notifies the pro-
ponent of the person’s intention to participate in the
stakeholder participation process may participate in
the process, except that a person that has a business
interest in competition with that of the proponent
may be excluded.
(2) ADDITIONAL
STAKEHOLDERS.—Additional
stakeholders may be added by the proponent, the
Administrator or the stakeholder group after the
stakeholder group is initially constituted in order to
ensure full representation of all potentially affected
interests throughout the process, including represen-
tation with respect to any new issues that may be
raised during the process, and to ensure that appro-
priate expert assistance is available for the stake-
holders.
(f) LIMITATION ON NUMBER OF PARTICIPANTS.—
(1) IN GENERAL.—In order to provide for a
manageable stakeholder process, the Administrator
may limit the number of stakeholder participants if
the Administrator determines that the stakeholder
participants adequately represent, in a balanced
manner, the full range of interests (excluding com-
petitive business interests) that may be affected by
the innovative environmental strategy.
(2) NOTICE.—Before approving a limit on the
number of stakeholder participants, the Adminis-
trator shall ensure that appropriate notice was pro-
vided 
to 
each 
of 
the 
groups 
identified 
in
subsection (d).
(3) 
ADDITIONAL
STAKEHOLDERS.—Notwith-
standing any limit on the number of stakeholders
that may be approved, additional stakeholders may
be added to meet the requirements of subsection (e).
(g) NEGOTIATION.—After the stakeholder group has
been identified, and procedures for the stakeholder process
have been agreed on under subsection (b)(2)(E), the pro-
ponent, the stakeholders, and the Administrator shall ini-
tiate the process of negotiating toward an innovative envi-
ronmental strategy agreement.
SEC. 7. REQUIREMENTS FOR APPROVAL.
(a) IN GENERAL.—The Administrator may enter into
an innovative environmental strategy agreement if the Ad-
ministrator determines that—
(1) the strategy is expected to achieve better
environmental results (as determined under sub-
section (c));
(2) the strategy has potential value as a model
for future changes in the broader regulatory struc-
ture or as a demonstration of new technologies or
measures with potential for reducing pollution on a
broader scale;
(3) the strategy provides for access to informa-
tion adequate to enable verification of environmental
performance by any interested person;
(4) the strategy provides a means and level of
accountability, transparency, monitoring, reporting,
and public and agency access to information relating
to activities being carried out under an innovative
environmental strategy that is at least equivalent to
that provided under the agency rule, requirement,
policy, or practice that the agreement seeks to mod-
ify or waive, including reporting of the benchmarks
in the agreement;
(5) no person or populations would be subjected
to unjust or disproportionate adverse environmental
impacts as a result of implementation of the strat-
egy;
(6) the strategy will ensure worker health and
safety protections that are the same or superior to
those provided under existing law;
(7) the strategy is not expected to result in ad-
verse transport of a pollutant;
(8) any Federal, State, tribal, or local environ-
mental agencies required to be signatories under sec-
tion 8(c) are prepared to sign the agreement and the
consultation required under section 8(c)(3) has oc-
curred;
(9) the stakeholder participation process met
the requirements of section 6, and the stakeholders
have obtained adequate independent technical sup-
port for an effective process;
(10) there is broad community support for the
strategy, as shown by stakeholder support and other
relevant factors; and
(11) the strategy is expected to reduce regu-
latory burdens or provide other social or economic
benefits.
(b) 
OTHER
CONSIDERATIONS.—In 
determining
whether to enter into an agreement, or to negotiate toward
an agreement, the Administrator shall consider—
(1) whether the facility has a strong record of
compliance with environmental and public health
regulations and whether the proponent has dem-
onstrated a strong commitment to achieve pollution
prevention with respect to the facility;
(2) the extent to which the strategy involves
new approaches to environmental protection and
multimedia pollution prevention;
(3) the extent to which there is a link between
the modification or waiver sought, the better envi-
ronmental results expected, and other benefits; and
(4) the feasibility of the strategy and the ability
of the proponent to carry out the strategy.
(c) BETTER ENVIRONMENTAL RESULTS.—
(1) EVALUATION.—The Administrator shall de-
termine whether a strategy is expected to achieve
better environmental results based on the magnitude
of reduction in the level of releases or improvement
in pollution prevention relative to each benchmark
established under paragraphs (4) through (7);
(2) OTHER CONSIDERATIONS.—In addition to
making the determination under paragraph (1), the
Administrator shall evaluate the extent to which the
strategy—
(A) results in environmental performance
more protective than the best performance prac-
tice of comparable facilities;
(B) relies on pollution prevention;
(C) incorporates continuous improvement
toward ambitious quantitative environmental
goals;
(D) produces clear reduction of risk, based
on a well-accepted analytical method acceptable
to the Administrator and the stakeholders;
(E) improves environmental conditions
that are priorities to stakeholders, including
conditions not regulated under statutes admin-
istered by the agency;
(F) reflects historic demonstration of lead-
ership in environmental performance of the
facility;
(G) substantially addresses community and
public health priorities of concern to stakehold-
ers, including concerns not addressed under
statutes administered by the agency;
(H) addresses other factors that the Ad-
ministrator determines clearly improve environ-
mental performance in the context of a specific
strategy; and
(I) includes reductions in releases or im-
provement in pollution prevention in addition to
those considered by the Administrator for pur-
poses of paragraph (1).
(3) FINDINGS.—The Administrator shall pro-
vide findings setting forth the basis for the deter-
mination that the innovative environmental strategy
is expected to achieve better environmental results.
If the Administrator determines that the magnitude
of reduction in the level of releases or improvement
in pollution prevention would be a reduction or im-
provement, but not a significant reduction or im-
provement, the Administrator may approve a pro-
posal only if the Administrator determines that the
strategy is expected to result in a clear and substan-
tial improvement in environmental protection, con-
sidering the other factors in this subsection.
(4) BENCHMARK.—The benchmark for releases
of each pollutant into the air, water, or land shall
be as follows:
(A) EXISTING
FACILITIES.—For existing
facilities, the benchmark shall be the lesser of—
(i) the level of releases of each pollut-
ant into the air, water, or and being
achieved before the date of submission of
the proposal; or
(ii) the level of releases of each pollut-
ant into the air, water, or land allowed
under applicable regulatory requirements
and any reasonably anticipated future reg-
ulatory requirements;
except that the Administrator may, based on
extraordinary site-specific circumstances, mod-
ify the level under subparagraph (A)(i) on a
case by case basis for a facility that has re-
duced releases significantly below applicable
regulatory requirements before the date of sub-
mission of the proposal.
(B) NEW OR MODIFIED FACILITIES.—For
new or significantly expanded facilities, the
benchmark shall be based on the lesser of—
(i) the level of releases of each pollut-
ant into the air, water, or land allowed
under applicable regulatory requirements
and any reasonably anticipated future reg-
ulatory requirements; or
(ii) the level of releases of each pollut-
ant into the air, water, or land based on
best industry practices.
(5) POLLUTION PREVENTION.—
(A) NO RELEASE OF A POLLUTANT.—In
appropriate circumstances not involving release
of a pollutant, the Administrator may establish
a pollution prevention benchmark to evaluate
changes in inputs to production of materials or
substances of potential environmental or public
health concern.
(B) RELEASE OF A POLLUTANT.—In cir-
cumstances involving a release of a pollutant,
the Administrator may establish a pollution
prevention benchmark in addition to the bench-
mark under paragraph (4).
(6) BASIS
OF
MEASUREMENT.—A benchmark
may be established on the basis of total emissions,
on a per-unit of production basis, or on a com-
parable basis of measurement, as determined by the
Administrator.
(7) OTHER
CONSIDERATIONS.—The Adminis-
trator may determine that the requirements of this
section are met if a benchmark is not met, if—
(A) with respect to other benchmarks, the
strategy achieves a significant increment of re-
duced level of releases below that permitted by
the benchmark;
(B) the strategy, based on a well-estab-
lished analytic methodology acceptable to the
Administrator and the stakeholders—
(i) is expected to achieve overall better
environmental results with an adequate
margin of safety;
(ii) is not expected to result in an in-
crease in the risk of adverse effects, or
shift the risk of adverse effects, to the
health of an individual, population, or nat-
ural resource affected by the strategy; and
(iii) is expected to achieve clear risk
reduction; and
(C) the strategy is not expected to result
in an exceedance of an ecological, health, or
risk-based environmental standard.
(d) VIEWS OF STAKEHOLDERS.—
(1) IN GENERAL.—The Administrator shall give
great weight to the views of individual stakeholders
and to the stakeholders as a group in determining
whether to approve or disapprove a strategy.
(2) STAKEHOLDERS
WITH
DECISIONMAKING
ROLE.—The Administrator shall deny a proposal
if—
(A) the stakeholder group and the pro-
ponent have determined under section 6 that
the group, any subgroup, or 1 or more individ-
ual stakeholders in the group will have the abil-
ity to veto a decision by the proponent to go
forward with the strategy;
(B) the group or 1 or more stakeholders
objects to the strategy; and
(C) the Administrator determines that the
objection relates to the criteria stated in section
7 and that the objection has a clear and reason-
able foundation.
SEC. 8. FINAL DETERMINATION ON AGREEMENT.
(a) PROPOSAL.—
(1) IN
GENERAL.—Not later than 180 days
after the date on which negotiations are initiated
under section 6(g) or such later date as may be
agreed to by the proponent and the stakeholders, the
Administrator shall—
(A) provide public notice and opportunity
to comment on a proposed innovative environ-
mental strategy agreement; or
(B) notify the proponent and the stake-
holder group that the Administrator does not
intend to enter into an agreement.
(2) FORM
OF
NOTICE.—Public notice under
paragraph (1) shall be provided by—
(A) publishing a notice in the Federal Reg-
ister; and
(B) providing public notice to persons po-
tentially interested in the strategy in the man-
ner described in section 6(d).
(3) COMMENT PERIOD.—The public comment
period shall be not less than 30 days, and shall be
extended by an additional 30 days if an extension is
requested by any person not later than 15 days after
the beginning of the public comment period.
(b) FINAL DECISION.—
(1) IN GENERAL.—Not later than 60 days after
the end of the public comment period, the Adminis-
trator shall determine whether to enter into an
agreement, and shall give notice of the determina-
tion in the same manner as notice was given of the
proposed agreement.
(2) RESPONSE.—The Administrator—
(A) shall respond to comments received;
and
(B) may modify the agreement in response
to the comments.
(c) SIGNATORIES.—
(1) IN GENERAL.—The parties to an innovative
environmental strategy agreement—
(A) shall include the Administrator, the
proponent, and any Federal, State, or local
agency or Indian tribe with jurisdiction over the
subject matter of the agreement under this Act;
and
(B) may include a stakeholder.
(2) JOINT
RULES
REQUIREMENTS
AND
POLI-
CIES.—If an agreement waives or modifies a rule,
requirement, or policy issued by the agency jointly
with another Federal agency, the other Federal
agency shall be a signatory to the agreement.
(3) CONSULTATION.—The Administrator shall
consult with and consider the views of any Federal
agency with management responsibility or regulatory
or enforcement authority over land or natural re-
sources that may be affected by the strategy.
SEC. 9. STATE ROLE.
(a) IN GENERAL.—If a proposed strategy involves
waiving or modifying requirements imposed under State,
tribal, or local law, the Administrator shall not approve
an agreement unless procedures required under those laws
for such waiver or modification are followed in addition
to the execution of the innovative environmental strategy
agreement.
(b) PART OF FEDERAL PROGRAM.—If a proposed
strategy involves waiving or modifying requirements of
State, tribal, or local law that are part of an authorized
or delegated Federal program, execution of an innovative
environmental strategy agreement by the Administrator
and by the State, Indian tribe, or local government shall
be deemed to provide authorization or approval of the pro-
gram as modified by the agreement.
SEC. 10. ENFORCEABILITY.
(a) 
SPECIFICATION
OF
ENFORCEABLE
PROVI-
SIONS.—
(1) DEFINITION
OF
VOLUNTARY
COMMIT-
MENT.—In this section, the term ‘‘voluntary com-
mitment’’ means a commitment that the parties to
the agreement consider to be a necessary part of the
strategy but is not enforceable under this section.
(2) INCLUSION IN AGREEMENT.—An innovative
environmental strategy agreement shall include en-
forceable requirements and may include voluntary
commitments.
(3) ENFORCEABLE REQUIREMENTS.—
(A) 
IDENTIFICATION.—Enforceable 
re-
quirements shall be clearly identified and distin-
guished in the agreement from voluntary com-
mitments.
(B) INCLUSION
OF
ALL
NECESSARY
AC-
TIONS.—In all cases, enforceable requirements
shall include, at a minimum, all actions nec-
essary to achieve better environmental results
relied upon by the Administrator for purposes
of section 7(c)(1), and all accountability, mon-
itoring, reporting, and public and agency access
requirements mandated by paragraphs (3) and
(4) of section 7(a).
(4) VOLUNTARY
COMMITMENTS.—Failure to
implement a voluntary commitment may constitute a
ground for termination of the agreement.
(b) TREATMENT OF AGREEMENT AS PERMIT, CONDI-
TION, OR REQUIREMENT.—
(1) DEFINITION
OF
OTHERWISE
APPLICABLE
REQUIREMENT.—In this subsection, the term ‘‘oth-
erwise-applicable requirement’’ means a rule, permit,
condition, policy, practice, or other requirement that
an innovative environmental strategy agreement
modifies, waives, or replaces.
(2) IDENTIFICATION
OF
ENFORCEABLE
RE-
QUIREMENTS.—An innovative environmental strat-
egy agreement shall state in a separate section des-
ignated ‘‘Enforceable Requirements’’ all of the en-
forceable requirements of the agreement.
(3) IDENTIFICATION OF MODIFIED, OTHERWISE
WAIVED OR RELOCATED REQUIREMENTS.—An inno-
vative environmental strategy agreement shall iden-
tify (including citation to the specific provision of a
statute or rule), with respect to each enforceable re-
quirement, each otherwise-applicable requirement
that the agreement waives, modifies, or replaces.
(4) TREATMENT.—Each enforceable require-
ment shall be deemed, for purposes of enforcement,
to be a permit issued under, a condition imposed by,
or a requirement of the statute or rule under which
the otherwise-applicable requirement that the agree-
ment modifies, waives, or replaces was imposed.
(5) ENFORCEABILITY.—Each enforceable re-
quirement shall be enforceable in the same manner
and to the same extent (by the United States, by a
State or Indian tribe, or by any other person) as the
otherwise-applicable requirement would have been
enforceable but for the agreement.
(6) NEW
ENFORCEABLE
REQUIREMENT
DE-
RIVED FROM OR IMPOSED UNDER CURRENT LAW.—
An enforceable requirement that does not modify,
waive, or replace a requirement shall be enforceable
in the same manner and to the same extent as a
permit, condition, or requirement under the statute
or rule from or under which the enforceable require-
ment derives or is imposed.
(7) ENFORCEABLE REQUIREMENT THAT DOES
NOT
MODIFY, WAIVE, OR
REPLACE
ANOTHER
RE-
QUIREMENT.—If an enforceable requirement does
not derive from or is not imposed under any statu-
tory or regulatory provision, the agreement shall
specify the statute under which the enforceable re-
quirement shall be deemed to be imposed for pur-
poses of enforcement and shall be enforceable (by
the United States, a State, Indian tribe, and by
other persons) in the same manner and to the same
extent as a permit, condition, or requirement under
that statute or regulation.
(8) EMERGENCY
OR
IMMINENT
HAZARD
AU-
THORITY.—Nothing in this Act limits or affects the
Administrator’s emergency or imminent hazard au-
thorities.
(c) 
SPECIFICATION
OF
AFFECTED
REQUIRE-
MENTS.—
(1) IN GENERAL.—When the Administrator ap-
proves an innovative environmental strategy agree-
ment under subsection (a), the Administrator shall
specify in the agreement each rule, requirement, pol-
icy, or practice that is modified or waived by the in-
novative agreement.
(2) NO MODIFICATION OR WAIVER.—Each rule,
requirement, policy, or practice not specified pursu-
ant to the preceding sentence is not modified and
waived.
(d) TERMINATION
OR MODIFICATION
OF AGREE-
MENT.—
(1) IN GENERAL.—The Administrator may ter-
minate or modify an innovative environmental strat-
egy agreement if the Administrator determines
that—
(A) the strategy fails or will fail to achieve
the better environmental results identified pur-
suant to section 7;
(B) better environmental results are no
longer being achieved by the strategy by reason
of the enactment of a new provision of law or
promulgation of a new regulation;
(C) there has been noncompliance with the
terms of the agreement (including a voluntary
commitment);
(D) there has been a change or transfer in
ownership or operational control of the facility
to which the agreement relates, or a material
change, alteration, or addition to the facility; or
(E) any other event specified in the agree-
ment as a ground for termination or modifica-
tion has occurred.
(2) EFFECT.—On termination of an innovative
environmental strategy agreement, the owner or op-
erator of the facility to which the agreement related
shall immediately become subject to each otherwise-
applicable requirement (as defined in subsection
(b)).
(e) TERM OF AGREEMENT.—
(1) IN GENERAL.—The term of an innovative
environmental strategy agreement shall not exceed 5
years, unless the Administrator determines, after
considering the views of the stakeholders, that—
(A) a longer period of time is required—
(i) to achieve the better environmental
results identified under section 7; or
(ii) in a case in which a proponent is
making a substantial investment in reli-
ance on the agreement, to ensure a reason-
able degree of confidence that the invest-
ment will be recovered; and
(B) the requirements of section 7 continue
to be met.
(2) EXTENSION OR RENEWAL.—In consultation
with the stakeholders and with the concurrence of
the signatories to the agreement and after public no-
tice and opportunity for comment consistent with
section 8, the Administrator may extend or renew an
agreement for an additional term or terms, but the
Administrator may not extend or renew an agree-
ment if the extension or renewal would not further
the purposes of this Act or the strategy would no
longer meet the requirements of section 7.
SEC. 11. JUDICIAL REVIEW.
(a) FAILURE TO PERFORM NONDISCRETIONARY ACT
OR DUTY.—
(1) IN GENERAL.—Any person may commence
a civil action in the United States District Court for
the District of Columbia against the Administrator
for failure to perform an act or duty under this Act
that is not discretionary with the Administrator.
(2) TIMING.—No action may be commenced
under subsection (a) before the date that is 60 days
after the date on which the plaintiff gives notice to
the Administrator of the act or duty that the Ad-
ministrator has failed to perform and of the intent
of the plaintiff to commence the action.
(b) DECISION TO ENTER INTO AGREEMENT.—
(1) IN GENERAL.—A person other than a signa-
tory to an innovative environmental strategy agree-
ment may seek judicial review of a decision by the
Administrator to enter into such an agreement in
accordance with chapter 7 of title 5, United States
Code.
(2) APPEAL.—A petition on appeal of a judg-
ment in a civil action under this subsection shall be
filed in the United States Court of Appeals for the
District of Columbia Circuit not later than 90 days
after the date on which public notice of the decision
to enter into the agreement is published under sec-
tion 8(b).
(c) NO JUDICIAL REVIEW OF OR RECORD JUSTIFICA-
TION
FOR DECISION NOT TO ENTER INTO AGREE-
MENT.—A decision not to enter into, modify, renew, or
enter into negotiations toward an innovative environ-
mental strategy agreement and decisions under section 6
regarding the stakeholder process shall not be subject to
judicial review and shall not require record justification
by the Administrator.
SEC. 12. LIMITATION ON NUMBER OF AGREEMENTS.
(a) IN GENERAL.—The Administrator shall not enter
into more than 50 innovative environmental strategy
agreements unless, in the Administrator’s sole discretion,
and taking into account the full range of the agency’s obli-
gations, the Administrator determines that adequate re-
sources exist to enter into a greater number of agree-
ments.
(b) LIMIT.—The Administrator, in the Administra-
tor’s sole discretion, may limit the number of agreements
to less than 50.
(c) PRIORITY CONSIDERATION DIVERSITY.—The Ad-
ministrator shall—
(1) give priority consideration to proposals from
small businesses; and
(2) seek to ensure that the agreements entered
into reflect proposals from a diversity of industrial
sectors, particularly from sectors where there is sig-
nificant potential for environmental improvement.
SEC. 13. SMALL BUSINESS PROPOSALS.
The Administrator shall establish a program to facili-
tate development of proposals for innovative environ-
mental strategies from small businesses and groups of
small businesses and to provide for expedited and tailored
review of such proposals.
SEC. 14. SAVINGS CLAUSE.
(a) EFFECT
OF
DECISIONS
BY
THE
ADMINIS-
TRATOR.—A decision by the Administrator to enter into
an agreement under this Act shall not affect the validity
or applicability of any rule, requirement, policy, or prac-
tice, that is modified or waived in the agreement with re-
spect to any facility other than the facility that is subject
to the agreement.
(b) OTHER AGREEMENTS.—Nothing in this Act af-
fects the authority of the Administrator in existence on
the date of enactment of this Act to enter into or carry
out agreements providing for innovative environmental
strategies or affects any other existing authority under
which the Administrator may undertake innovative initia-
tives.
(c) OTHER FEDERAL AGENCIES.—Nothing in this
Act affects the regulatory or enforcement authority of any
other Federal agency under the laws implemented by the
Federal agency except to the extent provided in an agree-
ment to which the other Federal agency is a party.
(d) LIMITS ON PURPOSES AND USES OF AGREE-
MENTS.—An agreement under this Act—
(1) may not be adopted for the purpose of cur-
ing or addressing past or ongoing violations or non-
compliance at a participating facility;
(2) may not be used as a legal or equitable de-
fense by any party or facility not party to the agree-
ment, or by a party to the agreement as a defense
in an action unrelated to any requirement imposed
under the agreement;
(3) shall not limit or affect the Administrator’s
authority to issue new generally applicable regula-
tions or to apply regulations to the facility that is
the subject of the agreement;
(4) shall not give rise to any claim for damages
or compensation in the event of a change in statutes
or regulations applicable to such facility; and
(5) shall not be admissible for any purpose in
any judicial proceeding other than a proceeding to
challenge, defend, or enforce the agreement.
(e) APPLICABLE LAW.—
(1) CONTRACT
LAW.—An innovative environ-
mental strategy agreement—
(A) shall not be interpreted or applied ac-
cording to contract law principles; and
(B) shall not be subject to contract or
other common law defenses.
(2) OSHA.—For purposes of section 4(b)(1) of
the Occupational Safety and Health Act of 1970 (29
U.S.C. 653(b)(1)), the exercise by the Administrator
of any authority under this Act shall not be deemed
to constitute or exercise of authority to prescribe or
enforce a standard or regulation affecting occupa-
tional safety or health.
SEC. 15. EVALUATION AND REPORT.
(a) EVALUATION.—The Administrator shall establish
an ongoing process with public participation to—
(1) evaluate lessons learned from innovative en-
vironmental strategies; and
(2) determine whether the approaches embodied
in an innovative environmental strategy should be
proposed for incorporation in an agency rule.
(b) REPORTS.—
(1) INDIVIDUAL STRATEGIES.—Not later than
18 months after entering into an innovative environ-
mental strategy agreement, the Administrator shall
submit to Congress a report evaluating whether the
approaches embodied in an innovative environmental
strategy should be proposed for incorporation in a
statute or a regulation.
(2) AGGREGATE
EFFECT.—Not later than 3
years after the date of enactment of this Act, the
Administrator shall submit to Congress a report on
the aggregate effect of the innovative environmental
strategy agreements entered into under this Act, in-
cluding—
(A) the number and characteristics of the
agreements;
(B) estimates of the environmental and
public health benefits, including any reductions
in quantities or types of emissions and wastes
generated;
(C) estimates of the effect on compliance
costs;
(D) the degree and nature of public par-
ticipation and accountability;
(E) estimates of nonenvironmental benefits
obtained;
(F) conclusions on the functioning of the
stakeholder participation process; and
(G) a comparison of effectiveness of the
program relative to comparable State programs,
using comparable performance measures.
SEC. 16. IMPLEMENTATION AUTHORITY.
The Administrator may issue such regulations as are
necessary to carry out the agency’s functions under this
Act.
SEC. 17. TECHNICAL ASSISTANCE GRANTS.
The Administrator may establish a program to pro-
vide grants for technical assistance to stakeholder groups.
SEC. 18. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated to the agen-
cy to carry out this Act $4,000,000 for each of fiscal years
1999 through 2003 (including such sums as are necessary
to provide technical assistance to stakeholder groups).
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