>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 [log in to unmask] 515/276-8947 515/276-6844 - FAX ____________________________________________ ---------------------------------------------------------------------- To get off the IOWA-TOPICS list, send email to [log in to unmask] Make the message text (not the Subject): SIGNOFF IOWA-TOPICS