EPA Commends New York Environmental Enforcement Policy.

NEW YORK--(BUSINESS WIRE)--Jan. 30, 1997--U.S. Environmental Protection Agency Regional Administrator Jeanne M. Fox issued the following statement in response to the six-point plan to strengthen environmental enforcement announced today by New York State Acting Department of Environmental Conservation Commissioner John P. Cahill:

"We are heartened by New York State's recommitment to environmental enforcement. The fundamental purpose of environmental regulation is protection of citizen's health and the environment. While EPA is committed to assisting industry in regulatory compliance, we believe that strong enforcement is necessary both for the deterrence and to remove the temptation for some to gain economic advantage by flouting the law.

"We particularly welcome Gov. Pataki's decision to oppose audit privilege for violators. Audit privilege, by allowing companies to withhold important environmental data, strikes at the heart of both environmental enforcement and community protection. EPA strongly encourages self-audits as a compliance tool, but believes there are better, safer ways to reward responsible industry. We appreciate the state's endorsement of EPA's approach of reducing penalties for companies that act quickly to report and correct violations, and we encourage other states to follow his lead."

Fox is available for interviews by calling 212/637-3665.

Cahill Announces Plan to Enhance Environmental Enforcement

State Department of Environmental Conservation (DEC) Acting Commissioner John P. Cahill today announced a six-point plan to bolster enforcement of environmental laws in New York State, building on Governor George E. Pataki's success in making New York State a leader in environmental protection.

"The Pataki Administration has led the nation for two years in developing innovative environmental protection policies," Cahill said. "As we implement other major environmental initiatives, such as the Clean Water/Clean Air Bond Act and the New York City watershed agreement, we also must enhance New York's enforcement efforts."

Earlier this month, Governor Pataki asked Cahill to review DEC's enforcement policies and to recommend opportunities for improvement. The resulting plan adds 15 new DEC employees for enforcement that will be paid for from a 30-day budget amendment to be introduced by Governor Pataki. The Governor previously had announced that the amendment would provide an additional $1 million in 1997-98 for new DEC personnel. Cahill said the Governor will add $400,000 to that for the new enforcement staff.

"Protecting New York's air and water is an immense responsibility and Governor Pataki has, once again, provided the leadership and the resources to get the job done," Cahill said.

Cahill said the new employees will be technical staff that will be out in the field performing inspections and coordinating enforcement.

"These steps demonstrate New York's ongoing commitment to firm enforcement of environmental laws and regulations, while ensuring that they are applied fairly and consistently," Cahill said. "Vigorous environmental enforcement helps business by creating a level playing field for honest business people. Violators must be punished appropriately and cannot be allowed to gain an economic or competitive advantage because of their noncompliance with the law."

The plan:

-- Creates a Comprehensive Enforcement Team at DEC that would include select members of DEC's technical and legal staff to perform inspections for all forms of pollution (air, water, solid and hazardous waste) at facilities across New York, especially those with a poor record of compliance. It would be dedicated solely to multimedia inspections and would bring enforcement actions, where appropriate.

-- Establishes a new air enforcement unit to provide support and expertise to other DEC personnel and act as the liaison with the U.S. Environmental Protection Agency's (EPA) Region II office to ensure that "significant violators" are being monitored pursuant to EPA's Significant Violator Policy.

-- Creates DEC regional enforcement coordinators. The plan would add a technical staff person in each of DEC's nine regions to serve as regional enforcement coordinator. These coordinators would ensure enforcement matters are pursued and brought to resolution in a timely fashion.

-- Increases inspections on significant air pollution sources. DEC will concentrate its inspection efforts on major sources of air pollution as outlined by EPA's Significant Violator Policy. These major sources would include facilities that emit more than 100 tons per year of pollutants as well as facilities that emit toxic pollutants.

-- Proposes changes to DEC's Environmental Benefit Project Policy, which allows qualifying businesses and organizations to fund environmental projects in partial mitigation of penalties related to environmental violations. DEC's experience with this 26-month-old policy has revealed opportunities for improvement. The revised policy:

-- Stipulates that there should be payable penalty;

-- bans the use of environmental benefit projects in instances where grave or serious environmental harm has occurred;

-- requires DEC to increase penalties for violators who seek income tax benefits for expenditures related to environmental benefit projects;

-- requires that there be a clear connection between violations and the types and locations of environmental benefit projects; and

-- requires that environmental benefit projects be performed within a 25-mile radius of the violation(s) that led to the projects.

Cahill said, "The Environmental Benefit Project Policy can be a useful enforcement tool that provides tangible benefits to the environment and natural resources of communities where environmental damage has occurred. To be effective, environmental benefit projects must directly benefit the environment and have a clear relationship to the violations."

The proposed policy changes will be published in the Feb. 11 Environmental Notice Bulletin. DEC will accept comments from the public through March 10.

-- Opposes audit privilege for violators. Cahill said the Pataki Administration is opposed to environmental audit privilege proposals that protect regulated entities from disclosing violations revealed in internal audits.

"This kind of policy erects barriers between environmental agencies and the regulated community," Cahill said. "It would reduce the flow of information to regulators and the public."

Instead, the administration supports policies providing for the potential of reduced penalties to those who quickly report and correct violations, consistent with the approach taken by EPA.

Cahill said the administrative changes identified in the enforcement plan will be implemented as soon as possible.

"No one should mistake this for a return to the arbitrary enforcement policies of the previous administration," Cahill said. "Environmental enforcement cannot be a goal unto itself. The real goal of any environmental enforcement policy, and the goal of this administration, is to protect our air, land and water."

CONTACT: U.S. Environmental Protection Agency

Richard Stapleton, 212/637-3665

or

State Department of Environmental Conservation

Gary Sheffer, 518/457-5400