Document jNagmbv5gBdzGnxqjxdMBpvwQ

NAHB Find and Fix Brainstorm How is Find and Fix different than existing EPA guidance? EPA Expedited Se ttlem e n t O ffe r P o licy fo r Sto rm w a te r (2006) "Find and Fix" Proposed Guidance EPA A u d it/V o lu n ta ry D isclo su re Policy (2000) Purpose Target Users Promotes co m p lia n ce b y p ro v id in g an expedited enforcem ent m echanism in situations w here violations are potentially less significant, can be guickly corrected, or an appropriate penalty can be prom ptly collected. All operators Provides opportunity fo r operators to correct potential violations in the fie ld w ithout threat o f enforcem ent; provides incentives fo r prioritizing education and tim ely return to com pliance. Sm all Businesses Provides incentives fo r regulated entities to voluntarily discover, report and fix violations. Large operators Pros Lim itations for use Perform ance measure Q uicker se ttle m e n t process. Potentially lower settlem ent costs. Operator receives settlem ent offer m onths after violations occur, no opportunity to correct violations quickly. M inor violations placed on perm anent record w /large $$$ consequences. # O perators accepting ESO offers, $$ reduction in fines. Im m ediate and proactive reduction of environm ental risk. Im m ediate feedback to firm on potential liability. Rem oval of de m inim us paperw ork issues from enforcem ent process. Im proved operator education. Only available to those operators in go od standing. # Inspe ctio ns resulting in im m ediate "fixes" reducing environm ental risk. Penalty reduction No recom m endation for crim inal p ro s e c u tio n No routine requests for audit reports Sm all operators rarely have resources or expertise to electronically docum ent and disclose violations. M inor violations placed on perm anent record w / large $$$ consequences. # O perato rs participating in program . Sierra Club v. EPA 18cv3472 NDCA Tier 7 ED 002061 00174851-00001 Supporting EPA Policy for Find and Fix: EPA Environmental Auditing Policy Statement (1986) 51 F R 131, 25004 (07/09/86) This policy states that EPA must refrain from routine requests for audit reports, (i.e., EPA has not and will not routinely request copies of audit reports to trigger enforcement investigations). https://www.epa.gov/conipliance/environnientai~3uditing-policy~staternent EPA Audit Policy (April 2000) 65 FR 19,618 (04/11/00) Formally titled "Incentives for Self- Policing: Discovery, Disclosure, Correction and Prevention of Violations, " this policy provides several major incentives for regulated entities to voluntarily discover andfix violations offederal environmental laws and regulations. http://www.gpo.gov/fdsvs/pkg/FR-2.000-04-ll/pdi/00-8954.pdf Suarez (2003) The Role of the EPA Inspector in Providing Compliance Assistance during Inspections This Memorandum describes a policy for EPA inspectors on what compliance assistance should and should not be provided to facilities during on site compliance inspections. https://www.epa.gov/sites/production/fiies/2013-09/documents/inspectorroie.pdf Next Generation Compliance: Strategic Plan 2014-2017 The Next Generation Compliance Strategic Plan is organized around the five interconnected components: More Effective Regulations and Permits Advanced Monitoring Electronic Reporting Expanded Transparency, and Innovative Enforcement https://www.epa.gov/compliance/next-generation-compliance-strategic-plan-2014-2017 Sierra Club v. EPA 18cv3472 NDCA Tier 7 ED 002061 00174851-00002