Colorado Compliance
The state's sole independent source of business-related environmental regulatory and compliance data.
JULY 31, 2001
UP FRONT
2 Self-Audit Protocol Finalized
Carol Rushin, EPA Region VIII’s top enforcement official on July 9 signed a formal agreement which is sure to increase the use and effectiveness of Colorado’s innovative environmental self-audit law first enacted in 1994 (see CC 6/94, p. 7) and modified last year (see CC 4/00, p. 2). The "Protocols for Implementation of the Colorado Audit Privilege and Immunity Law, Memorandum of Agreement (MOA) and the EPA Self-Audit Policy" agreement delineates for the first time how EPA and Colorado’s Department of Public Health and Environment (CDPHE) will act on reports filed by the state’s regulated community involving possible compliance issues with environmental rules and requirements. It also sets the stage for an analysis of the state’s self-audit program and its effectiveness that is slated to be completed by November (see CC 5/00, p. 9). The newly executed protocols also gives Colorado’s regulated community their first formal assurance that disclosures to CDPHE made in accordance with audit law will not be used as fodder for federal enforcement actions against the reporting facility for the same compliance issues identified to the state. Facilities have never had this important guarantee before and EPA in the past has extracted heavy penalties from several Colorado facilities for items they discovered, corrected and reported to state environmental regulators (see CC 7/98, p. 2). Facilities in Colorado are authorized under state law to seek penalty immunity and documentary protection for compliance issues that are self-discovered, promptly corrected and disclosed to CDPHE. EPA’s audit policy offers some similar protections but is not as broad. Colorado’s self-audit law, for example, allows facilities to seek immunity from economic benefit penalties, while EPA’s audit policy does not. Conversely, a facility’s compliance history is not a criteria under EPA’s audit policy, but compliance history is considered by CDPHE when acting on self-disclosures. The new agreement is expected to bolster the use of the state’s self-audit law throughout Colorado.
Now that the protocol — which was the subject of much discussion and negotiation between EPA and CDPHE for over six months — has been finalized, CDPHE is at work on a new policy defining how it will actually process the self-disclosures it receives. That policy will replace a similar one adopted by CDPHE in 1996. CDPHE officials hope to have their revised policy in place by early August. And while the new policy will mirror the 1996 versions in many instances, the checklist for evaluating and reviewing self-disclosures will remain unchanged, for example — state regulators hope the new versions will be significantly streamlined.
The newly minted protocol should also give facilities greater assurance on the timely processing of self-disclosures. The protocol sets a 21 day deadline for EPA to give CDPHE all pertinent information it has on facilities that are seeking immunity under Colorado’s self-audit law. This is expected to speed the grant of immunity process. The protocol also specifies that "in no event will EPA selectively target or investigate any entity solely on the basis of a voluntary disclosure made under the Colorado self-audit law." This passage should give participating facilities peace of mind when undertaking and reporting the results of environmental self-audits.
Subscribers desiring additional information on the new "Protocols for Implementation of the Colorado Audit Privilege and Immunity Law, Memorandum of Agreement (MOA) and the EPA Self-Audit Policy" agreement should consult this issue’s Background/In-Depth section.
3 Shattuck Waste Fate In Question
5 Industry Challenges Local Rules
5 Pipeline Proposal Sparks Debate
6 New Office Focuses On CWA Rules
7 EPA Salutes Coloradans’ Efforts
ROCKY MOUNTAIN BRIEFS
Vigilance ... New mine coming? ... Local
input? ... All begin on page 9
REGULATORY ROUNDUP
11 Universal Waste Rule Expanded
11 Technical Corrections To LDR Rules
12 State’s Waste Listing Grows
12 New Testing Method Approved
12 Old Fee Levels Adopted Again
ENFORCEMENT REPORT
12 Federal Enforcement
12 Guilty Plea To Disposal Charges
13 RCRA Charges In Sterling
14 USACE Levies Wetlands Charges
14 Spill Leads To Looming Bill
SUPERFUND/HAZARDOUS WASTE
15 Two Settlements For Summitville
16 Second Fish Study Planned
BACKGROUND/IN-DEPTH
17 Self-Audit Protocol Agreement
COMPLIANCE LIBRARY
24 Air, Audits And Permitting Titles
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Colorado Compliance is the state's sole source of independent business-related environmental regulatory and compliance data. Subject matter (no advertisements accepted) is limited to administrative, legal and public policy developments impacting commercial activities conducted in Colorado. Published monthly by Compliance Publishers, Denver, Colorado. A limited number of annual subscriptions are available for $375.00 per year.
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COMPLIANCE PUBLISHERS
Suite 1150
910 Sixteenth Street
Denver, Colorado 80202
Phone (303) 333-4750 -or- (800) 662-2269
Facsimile (303) 623-0680 -or- (800) 209-5361