>From: Sanford Lewis <[log in to unmask]>
>Subject: NCSL Says No Evidence Env Audit Laws Work
>
>[Inside EPA, 10/16/98]
>
>
>LONG-AWAITED NCSL REPORT STEERS CLEAR OF ASSESSING VALUE OF STATE AUDIT
>LAWS
>
>    The National Conference of State Legislators has reached a prelimi-
>nary conclusion that states cannot tell whether their voluntary environ-
>mental self-audit laws have encouraged companies to conduct audits and
>voluntarily disclose violations to state regulators, according to a
>long-awaited draft report.
>
>    The report says that while audits and disclosures are being conduct-
>ed in a number of states with audit laws, states lack the historical
>data needed to tell whether these activities have actually been prompted
>by the laws.
>
>    Moreover, the report stresses that to date, most disclosures made to
>state agencies have involved only minor violations.  Industry sources say
>this has occurred because some companies are afraid that EPA will file
>enforcement actions against major violations that are disclosed under-
>state audit laws.
>
>    NCSL initiated a study last year to determine whether a variety of
>state laws have actually succeeded in getting companies to audit their
>operations and voluntarily disclose their uncovered violations to state
>environmental agencies.  Some of these laws have been sharply opposed by
>EPA officials who have argued that they could undermine state enforce-
>ment programs.  Most importantly, EPA has taken issue with those laws
>that provide companies with immunity from prosecution or those that es-
>tablish legal protections for documents compiled during an audit.
>
>    To gauge the impact of these laws, NCSL surveyed environmental agen-
>cies and attorneys general in 27 states.  Nineteen of these states have
>audit laws in place, three have established audit policies and five have
>neither a law or policy in effect.  The survey was specifically designed
>to measure whether state laws has sparked new audit activity and whether
>the laws have led companies to expand the scope of their audits.
>
>    According to Sept.  30 draft of the report, NCSL found that states
>generally did not have mechanisms in place to track audit activity and
>thus it was not possible to tell whether various laws have prompted com-
>panies to increase their auditing operations.  For instance, the report
>points out that "in no case did state agencies have reliable information
>on the level of audit activity prior to passage of audit legislation or
>adoption of an audit policy.  Since they do not routinely request audit
>reports or generally require submittal of the audit report when disclos-
>ing a violation, state agencies are not able to comment on changes in
>the scope of the audits over time."
>
>    The report goes onto say that companies have made voluntary dis-
>closures in 11 of the 14 stats that have immunity laws in place, but
>these disclosures have mostly involved only a small number of viola-
>tions.  The report notes that it appears as if aggressive marketing cam-
>paigns have led companies to take greater advantage of state audit laws
>and policies.
>
>    For the most part, the report concludes that the types of violations
>being disclosed under state laws are relatively minor and are frequently
>corrected within a short time period.  According to the report, most
>of the disclosed violations involve inadequate record keeping, failure
>to obtain a permit or improper labeling of waste disposal containers."
>
>    Industry sources say this latest finding is not surprising given the
>fact that some companies are concerned that EPA, will become involved in
>instances where major violations are self-disclosed.  These sources
>point to instances in Texas and Colorado where EPA has taken action
>against disclosures that were made under state law and say that these
>examples have chilled corporate interest in utilizing state laws.  With-
>out EPA's presence, these sources predict that it is likely that compa-
>nies would feel more comfortable disclosing major violations to their
>state regulators.
>
>_____________________________________________________
>
>Sanford Lewis                         Director
>The Good Neighbor Project     Ph: 617 489-3686
>PO Box 79225                  Fax:617 489-2482
>Waverly, MA 02479  USA
>
>[log in to unmask]
>http://www.enviroweb.org/gnp
>______________________________________________________
>
____________________________________________
Lyle Krewson
6403 Aurora Avenue #3
Des Moines, IA 50322-2862

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515/276-8947
515/276-6844 - FAX
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