Beveridge & Diamond
 

EPA Enforcement Finalizing Enforcement Watch List


Richard S. Davis
Beveridge & Diamond, P.C., September 1, 2003

EPA's Office of Enforcement and Compliance Assurance is finalizing preparations for creation of an "Enforcement Watch List." The Watch List will consist of facilities the Agency considers persistent violators. Said another way, facilities on this list will become priority targets for enforcement actions. The Agency is finalizing the media-specific criteria it will use to identify facilities as enforcement targets and is expected to begin coordinating enforcement efforts with the states on the basis of the new list during the first quarter of 2004.

The Watch List will use information from primarily public data bases e.g. the Enforcement & Compliance History Online (ECHO), an EPA website containing compliance, enforcement, permit, and demographic information for over 800,000 facilities across the country, to identify enforcement targets for EPA and the states. Also, public interest and environmental advocacy groups will be able to identify the same targets if they decide to ratchet up citizen suits. Companies also will be able to use the information -- to identify problems (real or data-generated), to work toward compliance, and to document their efforts in ways that minimize the possibility of being targeted under the new selection criteria.

For more information on the Enforcement Watch List, call Steve Herman
(202-789-6060, sherman@bdlaw.com), or Richard Davis (202-789-6025, davis@bdlaw.com).